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AGREEMENT FOR PROFESSIONAL SERVICES (5)AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into on the / 9day of Q 2021 by and between the City of Clearwater, Florida (CITY) and, PLISKO ARCHITECTURE, PA (ARCHITECT). WITNESSETH: WHEREAS the CITY desires to engage the ARCHITECT to perform certain professional services pertinent to such work in accordance with this Agreement; and WHEREAS the ARCHITECT desires to provide such professional services in accordance with this Agreement; and WHEREAS the CITY selected the ARCHITECT in accordance with the competitive selection process described in Section 287.055 of the Florida Statutes, and based on information and representations given by the ENGINEER in a response to Request for Qualifications #39-21 dated June 2, 2021; NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the Parties agree that the above terms, recitals, and representations are true and accurate and are incorporated herein by reference, and the Parties further agree as follows: 1.0 GENERAL SCOPE OF THIS AGREEMENT The relationship of the ARCHITECT to the CITY will be that of a professional consultant, and the ARCHITECT will provide the professional and technical services required under this Agreement in accordance with acceptable architectural and engineering practices and ethical standards. 2.0 PROFESSIONAL TECHNICAL SERVICES 2.1 It shall be the responsibility of the ARCHITECT to work with and for the CITY toward solutions to architectural and engineering problems and the approach or technique to be used toward accomplishment of the CITY's objective for each project or assignment. The ARCHITECT services shall include, but not be limited to planning, analysis, design preparation of construction plans and details, regulatory permitting, preparation of technical specifications, preparations of bid and contract documents, and construction management for potential City project areas listed below: 2.1.1. Parks and Recreation, Fire Department, Police Department, Marine and Aviation, Library, Parking, General Services/Solid Waste and any other CITY facility Page 1 improvements, including expansion or improvements to existing facilities as well as develop of new facilities. 2.1.2. Land surveying activities, including title search, aerial target placement, topographic surveys, right-of-way surveys, preparation of right-of-way control surveys, preparation of right-of-way mapping/parcel descriptions/parcel sketches. 2.1.3. Review and assessment of the applicability of design/build contracts various CITY improvements 2.1.4. Development/preparation of grant applications for CITY projects 2.2 The ARCHITECT's services under this Agreement will be provided under project specific Work Orders. Generally, each Work Order will include the services for a single project or assignment, and it will contain a mutually agreed-upon detailed scope of services, project goals, fee, and schedule of performance in accordance with applicable fiscal and budgetary constraints. Total compensation for services shall not exceed $100,000 per Work Order, unless specifically authorized by the City Council. 2.3 The ARCHITECT shall maintain an adequate and competent staff of professionally qualified personnel available to the CITY for the purpose of rendering the required architectural services hereunder and shall diligently execute the work to meet the completion time established in Work Order. The ARCHITECT shall notify the CITY by U.S. Mail addressed to the City Engineer of any changes in company contact information. This includes: contact phone, address, project manager, email addresses, etc. 2.4 The CITY reserves the right to enter into contracts with other engineering and/or architect firms for similar services. The ARCHITECT will, when directed to do so by the CITY, coordinate and work with other engineering and/or architectural firms retained by the CITY. 2.5 The CITY reserves the right to remove any and all projects, phases, tasks, or assignments related to this Agreement. The CITY further reserves the right to enter into contracts with other engineering firms for services related to such projects, phases, tasks, or assignments. The ARCHITECT will, when directed to do so by the CITY, coordinate and work with other firms retained by the CITY. 3.0 PERIOD OF SERVICE 3.1 The ARCHITECT shall begin work promptly after receipt of a fully executed copy of each Work Order, in accordance with Paragraph 2.2, above. Receipt of a fully executed Work Order shall constitute written notice to proceed. 3.2 If the ARCHITECT' s services called for under any Work Order are delayed for reasons beyond the ARCHITECT's control, the time of performance shall be adjusted as appropriate. 3.3 It is the intent of the parties hereto that this Agreement continue in force until four (4) years from the date of initiation, 08/01/2021 ("Effective Date"), subject to the provisions for termination contained herein. The City retains the right to exercise an option to conduct a Page 2 mid-term solicitation. Assignments that are in progress at the Contract Termination Date will be completed by the ARCHITECT unless specifically terminated by the CITY. Should the ARCHITECT be in the process of completing work under this Agreement at the Termination Date, this Agreement shall continue with all terms, conditions and obligations being in full force and effect until such time as the work is completed. All provisions expressly intended to survive termination shall do so. 4.0 INSURANCE REOUIREMENTS See pages 12-13. 5.0 PROFESSIONAL SERVICES/CONSULTANT'S COMPETITIVE NEGOTIATION ACT (CCNA) - Florida Statue 287.055 Professional Services provided under this Agreement are within the scope of the practice of architecture, landscape architecture, professional engineering, or registered land surveying and mapping, as defined by the laws of the State of Florida. Provisions of F.S. 287.055 apply. 6.0 GENERAL CONSIDERATIONS 6.1 All documents including field books, drawings, specifications, calculations, geotechnical investigation reports, etc., used in the preparation of the work shall be supplied by the ARCHITECT to the CITY and shall become the property of the CITY. The CITY acknowledges that such documents are not intended or represented to be suitable for use by the CITY or others for purposes other than those for which the documents are prepared. Any reuse of these documents without written verification or adaptation by the ARCHITECT for the specific purpose intended will be at the CITY's sole risk without liability or legal exposure to the ARCHITECT. 6.2 The ARCHITECT shall prepare preliminary construction cost estimates with each design submittal to verify the proposed design is within the City project budgets. The ARCHITECT shall prepare a final estimate of probable construction costs, following CITY approval of the bid documents and other Prebid activities. The CITY hereby acknowledges that estimates of probable construction costs cannot be guaranteed, and such estimates are not to be construed as a promise that designed facilities will not exceed a cost limitation. 6.3 The ARCHITECT will provide expert witnesses, if required, to testify in connection with any suit at law. A supplemental agreement will be negotiated between the CITY and the ARCHITECT describing the services desired and providing a basis for compensation to the ARCHITECT. 6.4 Upon the ARCHITECT's written request, the CITY will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the ARCHITECT and CITY mutually deem necessary. Page 3 6.5 The CITY and the ARCHITECT each bind themselves and their successors, legal representatives and assigns to the other party to this Agreement and to the partners, successors, legal representatives and assigns of each other party, in respect to all covenants of this Agreement; and, neither the CITY nor the ARCHITECT will assign or transfer its interest in this Agreement without written consent of the other. 6.6 The ARCHITECT shall indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ARCHITECT and other persons employed or utilized by the ARCHITECT in the performance of this AGREEMENT and any Work Orders issued under this AGREEMENT. Notwithstanding any provision herein to the contrary, this paragraph shall not be construed as a waiver of any immunity to which CITY is entitled or the extent of any limitation of liability pursuant to § 768.28, Florida Statutes. Furthermore, this provision is not intended to nor shall it be interpreted as limiting or in any way affecting any defense CITY may have under § 768.28, Florida Statutes or as consent to be sued by third parties. The obligations under this paragraph shall expressly survive termination or expiration of this Agreement. 6.7 The ARCHITECT agrees not to engage the services of any person or persons in the employ of the CITY to an allied capacity, on either a full or part-time basis, on the date of the signing of this Agreement, or during its term. 6.8 Key personnel assigned to CITY projects by the ARCHITECT shall not be removed from the projects until alternate personnel acceptable to the CITY are approved in writing by the CITY. Key personnel are identified as: Project Manager and technical experts. 6.9 The ARCHITECT shall attach a brief status report on the project(s) with each request for payment. 6.10 Unless otherwise required by law or judicial order, the ARCHITECT agrees that it shall make no statements, press releases or other public communication concerning the Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the data, technical processes, business affairs or other information obtained or furnished in the conduct of work under this Agreement without first notifying the City and securing its consent in writing. The ARCHITECT also agrees that it shall not publish, copyright or patent any of the site-specific data or reports furnished for or resulting from work under this Agreement. This does not include materials previously or concurrently developed by the ARCHITECT for "In House" use. Only data and reports generated by the ARCHITECT under this Agreement shall be the property of the City. 6.11 Public Records - The ARCHITECT will be required to comply with Section 119.0701, Florida Statutes, specifically to: IF THE ARCHITECT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE ENGINEER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE Page 4 CUSTODIAN OF PUBLIC RECORDS AT: 727-562-4092, Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The Architect's agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter "public agency") to perform the service being provided by the contractor hereunder. b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency's request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. Page 5 h) If a civil action is filed against a contractor to compel production of public records relating to a public agency's contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency's custodian of public records and to the contractor at the contractor's address listed on its contract with the public agency or to the contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. 6.12 The ARCHITECT and the CITY, in consideration of the promises and risks undertaken, hereby agree to fulfill all duties and obligations of this Agreement in good faith and fair dealing, and shall cooperate in all respects, including, but not limited to, participating as needed in the defense of any and all claims or lawsuits initiated against either party hereunder. 7.0 COMPENSATION 7.1 The ARCHITECT shall be compensated for all services rendered under this Agreement in accordance with the provisions of each Work Order, upon presentation of ARCHITECT'S invoice and as provided for below. An hourly rate schedule and typical methods of compensation are attached hereto as pages 14-15. 7.2 Except as may be addressed in the initiating Work Order, the compensation for services shall be invoiced by the ARCHITECT and paid by the CITY in accordance with the Florida Local Government Prompt Payment Act, F.S. section 218.70 et. seq. Such invoices shall be due and payable upon receipt. 7.3 The ARCHITECT agrees to allow full and open inspection of payroll records and expenditures in connection with hourly rate and cost-plus fixed fee work assignments upon request of the CITY. 8.0 PROHIBITION AGAINST CONTINGENT FEES The ARCHITECT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the ARCHITECT to solicit or secure Page 6 this Agreement and that it has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bona fide employee working for the ARCHITECT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 9.0 TERMINATION FOR CAUSE This Agreement may be terminated by either party with seven (7) days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is terminated, the ARCHITECT shall be paid in accordance with the provisions of outstanding Work Orders for all work performed up to the date of termination. 10.0 SUSPENSION, CANCELLATION OR ABANDONMENT If the project described in any Work Order is suspended, canceled, or abandoned by the CITY, without affecting any other Work Order or this Agreement, the ARCHITECT shall be given five (5) days prior written notice of such action and shall be compensated for professional services provided up to the date of suspension, cancellation or abandonment. This Agreement shall be administered and interpreted under the laws of the State of Florida. The exclusive venue for any proceeding or suit in law or equity arising from or incident to this Agreement will be in Pinellas County Florida. 11.0 TERMINATION OF CONVENIENCE Either the CITY or the ARCHITECT may terminate the Agreement at any time by giving written notice to the other of such termination and specifying the effective date of such termination at least thirty (30) days before said termination date. If the Agreement is terminated by the CITY as provided herein, the ARCHITECT will be paid for services rendered through the date of termination. 12.0 PUBLIC ENTITY CRIMES Pursuant to Florida Statute sections 287.132-287.133, the City of Clearwater, as a public entity, may not accept any proposal from, award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017, F.S., for Category Two (currently $35,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person of affiliate has been removed from the list pursuant to Section 287.133 (3Xf), F.S. By submitting a proposal, ARCHITECT is certifying that Florida Statute 287.132 and 287.133 does not restrict submission. 13.0 The ARCHITECT will be required to comply with Section 287.135, Florida Statutes, specifically to comply with the following and execute forms as reflected on pages 16 and 17 (attached hereto and incorporated herein by reference): Page 7 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA (a) The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and (b) The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and (c) Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and (d) If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engages in business operations in Cuba and Syria. SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST (a) The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and (b) The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and (c) "Boycott Israel" or "boycott of Israel" means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli -controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and (d) If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals Page 8 are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. 14.0 RFO #39-21, STANDARD TERMS AND CONDITIONS All terms and conditions as set forth in RFQ #39-21, Standard Terms of Conditions are incorporated by reference and hereto attached as Exhibit A. 15.0 ORDER OF PRECEDENCE Any inconsistency in documents relating to this Agreement shall be resolved by giving precedence in the following order: (i) this Agreement and subsequent Amendments; (ii) RFQ #39-21, Standard Terms and Conditions; and (iii) Work Orders. 16.0 TERMINATION FOR LACK OF FUNDING The CITY'S performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Clearwater City Council. In the event the Clearwater City Council does not appropriate funds for CITY to perform its obligations hereunder, CITY may terminate this Agreement upon thirty (30) days written notice to ARCHITECT. ARCHITECT will be paid for all work performed to the date of termination. 17.0 E -VERIFY ARCHITECT and its Subcontractors shall register with and use the E -Verify system to verify the work authorization status of all newly hired employees. ARCHITECT will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E -Verify system. Subcontractor must provide ARCHITECT with an affidavit stating that Subcontractor does not employ, contract with, or subcontract with an unauthorized alien. ARCHITECT shall maintain a copy of such affidavit. The CITY may terminate this Agreement on the good faith belief that ARCHITECT or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). If this Agreement is terminated pursuant to Florida Statute 448.095(2)(c), ARCHITECT may not be awarded a public contract for at least 1 year after the date of which this Agreement was terminated. ARCHITECT is liable for any additional costs incurred by the CITY as a result of the termination of this Agreement. See Section 448.095, Florida Statutes (2020). Page 9 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and year first above written. Countersigned: rank Hibbard Mayor Approved as to form and Assistant City Attorney PLISKO ARC By: Print Name: AL. e 44 PL ! 5/' Title: f)tEob'i T WITNESS: By: Print Name: a, rr . e L • � z.� /�� Title: Cotgrtef s Awl Pi& k f $.u.J ci al CITY OF CLEARWATER By: t LJ William B. Horne II City Manager ATTEST: Bv• Rosemarie Call City Clerk Page 10 RISK MANAGEMENT / INSURANCE REQUIREMENTS FOR AGREEMENTS AND CONTRACTS STATEMENT OF PURPOSE: The City of Clearwater enters into agreements and contracts for services and/or products with other parties. Agreements and contracts shall contain Risk Management/Insurance terms to protect the City's interest and to minimize its potential liabilities. Whenever applicable, the following terms shall be included in agreements and contracts. CITY DEFINED: The term "City" (whenever it may appear in this section) is defined to mean the City of Clearwater itself, its Council, the Community Redevelopment Agency of the City of Clearwater, a Florida governmental agency created pursuant to Part III, Chapter 163, Florida Statute, its duly appointed officers, or othei public bodies, officers, employees, volunteers, representatives and agents. OTHER PARTY DEFINED: The term "Other Party" (whenever it may appear in this section) is defined to mean the other person or entity which is a party to this agreement or contract with the City, any subsidiaries or affiliates, officers, employees, volunteers, representatives, agents, contractors, and subcontractors. HOLD HARMLESS DEF4NEE: The term "Hold Harmless" (whenever it may appear in this section) is defined to mean that the Other Party shall indemnify and hold harmless the City, and its officers, employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Other Party and other persons employed or utilized by the Other Party in the performance of this Agreement and any Work Orders issued under this Agreement. PAYMENT ON BEHALF OF CITY DEFINED: The term "Payment on Behalf of City" (whenever it may appear in this section) is defined to mean the Other Party agrees to pay on behalf of the City, and to pay the cost of the City's Iegal defense, as may be selected by the City, for claims or suits arising from the fault of the Other Party or other persons employed or utilized by the Other Party in performance of the contract. Such payment on behalf of the City shall be in addition to any and all other legal remedies available to the City and shall not be considered to be the City's exclusive remedy. Page 11 INSURANCE REQUIREMENTS. The ARCHITECT shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A -VII or better. In addition, the City has the right to review the ARCHITECT deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the ARCHITECT must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cgnnot be obtained on an occurrence basis, then coverage can be obtained on a claims -made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non -owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers' Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer's Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen's and Harbor Worker's Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. If the ARCHITECT is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then ARCHITECT's Equipment Insurance or Property Insurance on an "All Risks" basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. e. Professional Liability Insurance coverage appropriate for the type of business engaged in by the ARCHITECT with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. Page 12 The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. OTHER INSURANCE PROVISIONS, a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy's renewal date(s) for as long as this Agreement remains in effect, the ARCHITECT will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an "Additional Insured." In addition when requested in writing from the City, ARCHITECT will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Engineering, RFQ #39-21 P.O. Box 4748 Clearwater, FL 33758-4748 b. ARCHITECT shall provide thirty (30) days written notice of any cancellation, non- renewal, termination, material change or reduction in coverage. c. ARCHITECT's insurance as outlined above shall be primary and non-contributory coverage for ARCHITECT's negligence. d. ARCHITECT reserves the right to appoint legal counsel to provide for the ARCHITECT's defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to ARCHITECT's design, equipment, or service. ARCHITECT agrees that the City shall not be liable to reimburse ARCHITECT for any legal fees or costs as a result of ARCHITECT providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of anv potential liability to the City. and failure to request evidence of this insurance shall not be construed as a waiver of ARCHITECT's obligation to provide the insurance coverage specified. Page 13 PROVISION OF PAYMENT ARCHITECT OF RECORD: PLISKO ARCHITECTURE, PA BASIS FOR PAYMENT The owner shall pay ARCHITECT and ARCHITECT agrees to accept as full compensation for its services (as established by Work Order) compensation as computed by one of the following methods: Method "A" — Hourly Rate — Compensation in the form of burdened hourly rates. Burdened (direct + indirect) Hourly Rate + Subconsultant Cost + Other Direct Costs. Direct cost includes labor hourly rate. Indirect costs include fringe benefit rate, overhead, operating margin and profit. Subconsultant Costs are actual costs incurred times a factor of 1.00. Actual costs shall be based on billing rates for required labor classifications. Other Direct Costs are actual costs incurred for travel outside of Tampa Bay area, printing, copying, long distance telephone calls, etc. Method "B" — Lump Sum — Compensation in the form of "lump sum" for all work associated with a Work Order or task and shall be determined by mutual agreement between the ARCHITECT and the City. The lump sum amount shall be negotiated based upon the Work Order scope of services and approved by both the City and the ARCHITECT. Hourly Rates - The estimated hourly rates below represent 2021 costs and categories. Periodic changes are anticipated, and modifications may be made annually in writing to the City for review and approval. Page 14 CITY OF CLEARWATER ARCHITECT OF RECORD, RFQ #39-21 8/1/21 to 7/31/25 ENGINEER OF RECORD: PLISKO ARCHITECTURE, PA Job Classification Burdened Hourly Rate Senior Vice President Vice President/Officer-in-Charge --- Senior Project Manager/Group Manager 1' Project Manager/Asseektte-Principal 's /75, pa Senior Engineer/Senior Scientist Engineer/Scientist (III-IV) -., Engineer/Scientist (I -III) — Engineer Intern r Construction Engineer Construction Administrator/Manager ' / 75", 00 Landscape Architect ._, Senior Inspector Inspector 1/76,, (>0 Senior Designer --= Drafter/CADD Operator $ 95, 'o Operations Specialist .-----, Field Technician Fiscal/Accounting 1/00, 70 Administrative/Clerical 1 (p9, 00 Page 15 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activitieran Petroleum Sector List, or engages in business operations in Cuba and Syria. STATE OF P(urtdg Authorized Signature AG.tX. PL /tiHo/ -11Z- Printed Name Title /12L/Sic 0 Aft GF/ / 74/ f'A Name of Entity/Corporation COUNTY OF1�?. r,e Li The foregoing instrumeAt was acknowledged before me on this 1 C day of Tor\- , 20 1-4 , by ,i .0 I/(/ 5 . (name of person whose signature is being notarized) as the 2 S , . titl • e 1 - (name of corporation/entity), personally knein , or produced a (type of identification) as identification, a • ho did/did not take an oath. My Commission Expires: NOTARY SEAL ABOVE ry 'ublic Printed Name Page 16 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM PER SECTION III, ITEM 25, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORMAS REQUIRED, MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. "Boycott Israel" or "boycott of Israel" means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli -controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the S fit' % Companies th.t Boycott Israel List, or engaged in a boycott of Israel. STATE OF c( 0 r cpc, COUNTY OF (), n p c.,. The foregoing hinstrume was acknowledged before me on this / 5 daN.)(•-(2--y of N , 20_2 , b ,%a l.� �l ;SKr) J r (name of person whose signature is being notarized) as the �t.QSi dp � (title) of Pi i`5 kp A r, h ; fQ- f� re / PA. (name of corporation/entity), pers• . r own to me as des 'bed herein , or produced a ication) as i a - . ' n, andio di not take an oath. Authorized Signature /84.t x /L /He)/ VA -- Printed Name PR6/095.A1 7 -- Title nG/0 A(RLi4 /TE67-1,4Rr PA Name of Entity/Corporation Nary Public/ c_r , Mommission Expires: NOTAIFY SEAL ABOVE Printed Name Page 17 VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E -VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E -Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E -Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. STATE OF 1'1472I DA' COUNTY OF yl 11/6 L LA s Authoriz d Signature Printed Name p' e4:i Title PG 1560 A /2-4, fi rr `(i / FA Name of Entity/Corporation The foregoing instrument was acknowledged before me by means of l! physical presence or ❑ online nota ' ation on, this /2. day of i v/y 20.7/ , by Lr K pia S K 0 (name of person whose sigrfature is beingnotarized) as the P.$S1DEwT (title) of PL/SKD ACM r ru�2E (name of corporation/entity), personally known , or produced FDI_ (type of identification) as identification, and who did/did not take an oath. My Commission Expires: / 31. 2024 NOTARY SEAL ABOVE Notary Public Cam L-Szv�/ Printed Name • PLISKARC ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)6/15/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER USI Insurance Services, LLC 2502 N Rocky Point Drive Suite 400 Tampa, FL 33607INSURER CONTACT NAME: PHONE 813 321-7500 FAX 813 321-7525 (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # A : Phoenix Insurance Company 25623 INSURED Plisko Architecture, P.A., AIA 800 Drew St Clearwater, FL 33755 INSURER B : XL Specialty Insurance Company 37885 INSURER C 06/21/2022 INSURER D $1,000,000 INSURER E : INSURER F : X COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR INSR WVD POLICY NUMBER POUCY EFF (MWDD/YYYY) POUCY EXP (MM/DD/YYYY) OMITS A X COMMERCIAL GENERAL UABILITY 6608N220761 06/21/2021 06/21/2022 EACH $1,000,000 CLAIMS -MADE X OCCUR GOCCURRENCE E PREMISES (EaEoNccTur ence) $1,000,000 MED EXP (Any one person) $10,000 $1,000,000 PERSONAL & ADV INJURY GENERAL AGGREGATE $2,000,000 GE 'L AGGREGATE LIMIT APPLIES POLICY 1 XI JEPRCOT- OTHER: PER: LOC PRODUCTS - COMP/OP AGG $2,000,000 $ A AUTOMOBILE X LIABIUTY ANY AUTO OWNED AUTOS ONLY AUTOS ONLY X SCHEDULED AUTOS NON -OWNED AUTOS ONLY 6608N220761 06/21/2021 06/21/2022 SINGLE LIMIT COMaaccideBINEDnt) (E 1 , 000 ,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION $ WORKERS COMPENSATION ANDEMPLOYERS' LIABIUTYY/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ B Professional Liability DPS9964327 09/11/2020 09/11/2021 $1,000,000 per claim $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Professional Liability coverage is written on a claims -made basis. RE: RFQ#39-21 The certificate holder is an additional insured with respect to the general liability coverage where required by written contract. CERTIFICATE HOLDER CANCELLATION City of Clearwater Engineering Dept. RFQ#39-21 PO Box 4748 CLEARWATER, FL 33758-4748 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 1 of 1 #S32381031/M32380906 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD LYMEW 04-29-2021 JIMMY PATRONIS STATE OF FLORIDA CHIEF FINANCIAL OFFICER DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION * * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW NON -CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 07/02/2021 PERSON: FEIN: ALEXANDER 591958555 BUSINESS NAME AND ADDRESS: PLISKO ARCHITECTURE, PA 800 DREW STREET CLEARWATER FL 33763 SCOPES OF BUSINESS OR TRADE: 1- Architectural or Engineering F EXPIRATION DATE: 07/02/2023 PLISKO JR EMAIL: NO EMAIL PROVIDED * * IMPORTANT: Pursuant to subsection 440.05(14), F.S., an officer of a corporation who elects exemption From Ibis chapter 3y FTng a certificate of election under this section may not recover benefits or compensation under this chapter. Pursuant to subsection 440.05(12), F.S., Certificates of election to be exempt issued under subsection (3) shall apply only to the corporate officer named on the notice of election to be exempt and apply only within the scope of the business or trade listed on the notice of election to be exempt. Pursuant to subsection 440.05(13), F.S., notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if, at any time after the filing of the notice or the issuance of the certificate, the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate. The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 E01341919 PLEASE CUT OUT THE CARD BELOW AND QUESTIONS? (850) 413-1609 RETAIN FOR FUTURE REFERENCE STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION NON -CONSTRUCTION INDUSTRY CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW EFFECTIVE: 07/02/2021 EXPIRATION DATE: 07/02/2023 PERSON: ALEXANDER PLISKO JR FEIN: 591958555 EMAIL: NO EMAIL PROVIDED BUSINESS NAME AND ADDRESS: PLISKO ARCHITECTURE, PA 800 DREW STREET CLEARWATER, FL 33763 SCOPE OF BUSINESS OR TRADE: 1- Architectural or Engineering F F 0 L D H E R E IMPORTANT Pursuant to subsection 440.05(141, F.S., an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter. Pursuant to subsection 440.05(12). F.S., Certificates of election to be exempt issued under subsection (3) shall apply only to the corporate officer named on the notice of election to be exempt and apply only within the scope of the business or trade listed on the notice of election to be exempt. Pursuant to subsection 440.05(13), F.S., notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if, at any time after the filing of the notice or the issuance of the certificate, the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate. The department shall revoke a certificate at any time far failure of the person named on the certificate to meet the requirements of this section. E01341919 QUESTIONS? (850) 413-1609 CUT HERE * Carry bottom portion on the job, keep upper portion for your records. OWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13