MASTER AGREEMENT FOR NEW CITIY HALL DESIGN - RFQ 24-22 - 22-0019-ENMASTER AGREEMENT BETWEEN
CITY OF CLEARWATER AND WANNEMACHER JENSEN ARCHITECTS, INC.
RFQ #24-22
NEW CITY HALL DESIGN (22 -0019 -EN)
This AGREEMENT is made and entered into on the /5— day of2022 by and between
the City of Clearwater, Florida (CITY) and Wannemacher Jensen Architects, Inc. (CONSULTANT).
WITNESSETH:
WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services
pertinent to such work in accordance with this Agreement; and
WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this
Agreement; and
WHEREAS, in accordance with the competitiveselection process described in Section 287.055 of the
Florida Statutes, the CITY selected the CONSULTANT based on Request For Qualifications ("RFQ")
#24-22 and responses by the CONSULTANT to RFQ #24-22
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 CONSULTANT to the CITY will be that of a professional consultant,
and the CONSULTANT will provide the professional and technical services required under this
Agreement in accordance with acceptable engineering or architectural practices, by exercising
the skill, care, and ability ordinarily required of such consultants performing the same or similar
services, under the same or similar circumstances, in the State of Florida, and consistent with
State of Florida professional ethical standards.
2.0 PROFESSIONAL TECHNICAL SERVICES
2.1 It shall be the responsibility of the CONSULTANT to work with and for the CITY to perform
an array of services for the City as set forth in RFQ #24-22, Scope of Services.
2.2 The CONSULTANT'S services under this Agreement will be provided under a project specific
Work Order(s). Each Work Order will include the services for a single project, phase, task, or
assignment, and will contain a mutually agreed-upon detailed scope of services, project goals,
s,, fee, and schedule of performance in accordance with applicable fiscal and budgetary
constraints. Work Orders will be incorporated by reference and attached hereto this Agreement.
Total compensation for all services shall not exceed 52,948,340 (DOLLAR AMOUNT) unless
specifically authorized by the City Council or the Clearwater Code of Ordinances.
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See Work Order attached hereto as Exhibit A.
2.3 The CONSULTANT shall maintain an adequate and competent staff of professionally qualified
personnel available to the CITY for the purpose of rendering the required engineering and/or
consultant services hereunder, and -hall diligently execute the work to meet the completion time
established in the Work Orders. The CONSULTANT shall notify the CITY by U.S. Mail
addressed to the City Engineer of any changes in company contact information, including but
not limited to contact phone, address, project manager, email addresses, etc.
2.4 The CPl'Y reserves the right to enter into contracts with other engineering and/or architect firms
for similar services. The CONSUL'I'ANT 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 or all projects, phases, tasks, or assignments related
to this Agreement. The CITY further reserves the right to enter into contracts with other firms
for services related to such projects, phases, tasks, or assignments. The CONSULTANT will,
when directed to do so by the CITY, coordinate and work with other firms retained by the CITY.
3.0 PERIOD OF SERVICES
3.1 The CONSULTANT shall begin work promptly after receipt of a fully executed Work Order.
Receipt of a fully executed Work Order shall constitute written notice to proceed.
3.2 If the CONSULTANT'S services are delayed for reasons beyond the CONSULTANT'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 for a period not to
exceed four years, subject to the provisions for termination contained herein. Assignments
that are in progress at the Termination Date shall be completed by the
CONSULTANT unless specifically terminated by the CITY. Should the CONSULTANT be in
the progress 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 PROFESSIONAL SERVICES/CONSULTANT'S COMPETITIVE,
NEGOTIATION ACT (CCNAI
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.
5.0 GENERAL CONSIDERATIONS
5.1 All documents including field books, drawings, specifications, calculations, geotechnical
investigation reports, etc., used in the preparation of the work shall be supplied by the
CONSULTANT and shall become the property of the CITY. The CITY acknowledges that such
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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 CONSULTANT for the specific purpose
intended will be at the CITY's sole risk without liability or legal exposure to the
CONSULTANT.
5.2 The CONSULTANT shall prepare preliminary construction cost estimates with each design
submittal to verify the proposed design is within the City project budgets. The CONSULTANT
shall prepare a final estimate of probable construction costs, following CITY approval of the
bid documents and other pre-bid 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.
5.3 The CONSULTANT will provide expert witnesses, if required, to testify in connection with
any suit at law; subject to a supplemental agreement being negotiated between the CITY and
the CONSULTANT describing the services desired and providing a basis for compensation to
the CONSULTANT.
5.4 Upon the CONSULTANT'S written request, the CITY will furnish or cause to be furnished such
reports, studies, instruments, documents, and other information as the CONSULTANT and
CITY mutually deem necessary.
5.5 The CITY and the CONSULTANT 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 CONSULTANT will assign or transfer its interest in
this Agreement without written consent of the other.
5.6 To the fullest extent permitted by law, the CONSULTANT agrees to 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 CONSULTANT and other persons
employed or utilized by the CONSULTANT in the performance of this CONSULTANT 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.
PURSUANT TO SECTION 558.0035, FLORIDA STATUTES, THE CONSULTANT'S
INDIVIDUAL EMPLOYEES OR AGENTS MAY NOT BE HELD INDIVIDUALLY
LIABLE FOR NEGLIGENCE.
Neither CITY nor CONSULTANT shall be liable to the other for any special, incidental,
indirect, or consequential damages whatsoever arising out of or relating to this Agreement.
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5.7 The CONSULTANT 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.
5.8 Key personnel assigned to CITY projects by the CONSULTANT 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.
5.9 The CONSULTANT shall attach a brief status report on the projects with each request for
payment.
5.10 Unless otherwise required by law or judicial order, the CONSULTANT agrees that it shall make
no statements, press releases or other public communication concerning this 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 firstnotifying the CITY and securing its consent in writing. The
CONSULTANT 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 CONSULTANT for "In House" use.
Only data and reports generated by the CONSULTANT under this Agreement shall be the
property of the CITY.
6.0 COMPENSATION
6.1 The CONSULTANT shall be compensated for services rendered under this Agreement in
accordance with the provisions of each Work Order, upon presentation of CONSULTANT'S
invoice and as provided for below.
An hourly rate schedule is attached hereto as Exhibit B.
6.2 Compensation for services shall be invoiced by the CONSULTANT and paid by the CITY in
accordance with the Florida Local Government Prompt Payment Act, § 218.70, Florida
Statutes.
6.3 The CONSULTANT 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.
7.0 PROHIBITION AGAINST CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the CONSULTANT to solicit or secure 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 CONSULTANT any fee, commission,
percentage, gift, or any other consideration, contingent upon or resulting from the award or
making of this Agreement.
8.0 TERMINATION FOR CAUSE
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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 CONSULTANT
shall be paid in accordance with the provisions of outstanding Work Orders for all work
performed up to the date of termination.
9.0 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 CONSULTANT 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.
10.0 GOVERNING LAW
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 FOR CONVENIENCE
Either the CITY or the CONSULTANT 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 CONSULTANT will be paid for services rendered through the date of
termination.
12.0 PUBLIC ENTITY CRIMES
Pursuant to Florida Statute § 287.132-133, 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 § 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 § 287.133 (3)(f), F.S. By submitting a proposal, CONSULTANT is certifying that
Florida Statute 287.132 and 287.133 does not restrict submission.
13.0 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS
The CONSULTANT will be required to comply with Section 287.135, Florida Statues, specifically
by executing the forms provided (attached).
14.0 RFQ #124-221, STANDARD TERMS AND CONDITIONS
All terms and conditions as set forth in RFQ #24-22, Standard Terms of Conditions are
incorporated by reference and hereto attached as Exhibit C.
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15.0 ORDER OF PRECEDENCI{
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 #24-22, Standard
Terms and Conditions; and (iii) Work Orders.
16.0 INSURANCE REOUIREMENT'S
Insurance Requirements are set forth in Exhibit D, which is incorporated by reference and attached
hereto.
17.0 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 CONSULTANT. CONSULTANT will be paid
for all work performed to the date of termination.
18.0 !,-VERIFY
CONSULTANT and its Subcontractors shall register with and use the E -Verify system to verify
the work authorization status of all newly hired employees. CONSULTANT 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 CONSULTANT with an affidavit stating that
Subcontractor does not employ, contract with, or subcontract with an unauthorized alien.
CONSULTANT shall maintain a copy of such affidavit.
The CITY may terminate this Agreement on the good faith belief that CONSULTANT 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), CONSULTANT may not be awarded a
public contract for at least 1 year after the date of which this Agreement was terminated.
CONSULTANT 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).
[Remainder of Page Intentionally Left Blank]
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and
year first above written.
nsen Architects, Inc
Countersigned:
nk Hibbard
Mayor
Approved as to f Tn:
Owen Kohler
Lead Assistant City Attorney
t Name.
Title: President
Print Name: Chris Mercer
CITY OF CLEARWATER
Jon Jennings
City Manager
Attest:
Ga.-014-1tAcc— 0 9.tt_
Rosemarie Call
City Clerk
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1 s 1l ' . ► ► 1 1
CERTIFICATION FORM
PER SECTION III, ITEM 25, IF YOUR BID IS $1,000,000 OR MORE, 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 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, facilitiesrpersonnel, 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 Clearwate itin:, . later than five (5) calendar days after any of its
principals are placed on the Scrutinized Com . : nies wi i ctivl 'es in Sudan List, the Scrutinized Companies with
Activities in the Iran Petroleum Sector List, or - ngaged i . usines operations in Cuba and Syria.
Aut ; sized Sig : ture
Jason Jensen
Printed Name
President
Title
Wannemacher Jensen Architects, Inc.
Name of Entity/Corporation
STATE OF Florida
COUNTY OF Pinellas
The foregoing instrument was acknowledged before me by means of 21 -Physical presence or 0 online notarization on, this
/_ day of 41.44 Lk , 2022, by --6s "s-2.4.-, pe..... (name of person whose signature is being
notarized) as the re,p; dGA-I• (title) of w r nnf wn.e.Kol Tb'.K .. Ard,,:•3e ads r..t (name of
corporation/entity), personally known I/ , or produced (type of identification) as
identification, and who did/did not take an oath. �� ��^
Ato;:'•4+ KYLE J. GARNER
* *Csmtnlsslon4Hp' 035373 ,i
035373 ubli
t Expires August 24, 2024 Ale_ J . Garncr
Verow° Bonded llwelvfoll *Wry $.alts Printed Name
My Commission Expires:
NOTARY SEAL ABOVE
8
I 114:► .: i1
PER SECTION III, ITEM 25, THIS FORM MUST BE COMPLETED AND SUBMITTED IVITH 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:
I . 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 ve or, c. pan ividual, principal, subsidiary, affiliate, or owner
will immediately notify the City of Clearw er in wr1 i� :, no la r than five (5) calendar days after any of its
principals are placed on the Scrutinized Comp ies that B ycott Israe List, or engaged in a boycott of Israel.
Jason Jensen
Printed Name
President
Title
Wannemacher Jensen Architects, Inc.
Name of Entity/Corporation
STATE OF Florida
COUNTY OF Pinellas �
The foregoing instrument was acknowledged before me by means of Q hysical presence or 0 online notarization on, this
day of >AH9 ,.s , 2022, by 3 so+-- Tev ts\_ (name of person whose signature is being
notarized) as the I>reje.de...-1' (title) of wLPIAe..,AL/k r- Testi,,, AreXi-tt .?nc, (name of
corporation/entity), personally known t_/ , or produced (type of identification) as
identification, and who did/dilppt take anKYLE GARNER
Commission I HH 035373 `
* Notarybli
%or, Bandodnwres imildN Wy$M is
My Commission Expires:
NOTARY SEAL ABOVE
Printed Name
9
A if, -37
VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM
PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND
USE THEE VERIFYSYSTEMTO 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 FORMAS 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
or its Subcontractors knowingly violated Flor'
7. If this Contract is tenninated pursuant to F
contract for at least 1 year after the date on
8. The Contractor is liable for any additional c
which this
st incurre
tutes
to
rida Sta
STATE OF Florida
on the good faith
4 ' t (1) or 448.095(2)(c).
)(c), the Contractor may not be awarded a public
erminated.
s a result of the termination of this Contract.
48.09
tract was
le City
belief that the Contractor
Authy ized Signa
Jason Jensen
re
Printed Name
President
Title
Wannemacher Jensen Architects, Inc.
Name of Entity/Corporation
COUNTY OF Pinellas
The foregoing instrument was acknowledged before me by means of? physical presence or 0 online notarization on, this
/ ( day of ft,,9k3 f , 2022, by 'rgse.-'S'e o,e,•,- (name of person whose signature is being
notarized) as the Arcs lots. - (title) of Wawntw+atArA- —ic►tsc.,_ Arc.lu 1,, Z",,a. (name of
corporation/entity), personally known , or produced (type of identification) as
identification, and who did/did not take an oath.
My Commission Expires:
NOTARY SEAL ABOVE
KYLE J. GARNER
Commission 1 HH 035373
a Expires August 24,2024
av ttondseflwBudpMnoisrytMnba
Nota
Printed Name
10
4 14,. 5. 6a14in. Gr.
1e
Wannemacher Jensen
Architects, Inc.
Wannemacher Jensen Architects, Inc.
BRIGHT AND BEAlft7EUI. • BAY TO BEACH
City of Clearwater
CONSULTANT WORK ORDER
Date:
08/01/2022
1. PROJECT INFORMATION:
Project Title:
Design Services - City Hall
City Project Number:
22 -0019 -EN
City Plan Set Number:
2022011
Consultant Project Number:
2240
2. SCOPE OF SERVICES:
The City of Clearwater intends to engage an architectural firm to conceptualize a new city
hall that anchors a municipal campus that includes the current Municipal Services Building,
Clearwater Police headquarters and Municipal Services Garage into a connected and
cohesive public complex. The city would also like the successful firm to analyze the space
needs of the adjacent municipal services building and the needs of those departments
anticipated to reside in the new City Hall to reimagine space allocation within the adjacent
buildings with a focus on balancing internal and external efficiencies, such as a development
services center. Firm shall evaluate using reclaimed water for cooling water and grey water
systems. Innovative and cost-effective design for both construction and long-term
operational and maintenance costs is paramount. The City wishes to consider obtaining a
mid-level formal LEED certification versus constructing to LEED standards. LEED Silver
certification is anticipated and project will be in alignment with the City's Greenprint 2.0.
The successful firm will be expected to bring these concepts and ideas to life through full
architectural and site designs that balance function and aesthetics with constructability and
budget while ensuring that the building is constructed with environmental sensitivity in
mind and assists the city in meeting its sustainability related goals. While architectural
design is focused on a new city hall, the city may choose to partner with the successful firm
on generating architectural plans for renovation of the municipal services building as an add
on to this project. Staff expects a minimum of three conceptual design options for staff
review and comment following conceptual review, to include alternative architectural styles.
Additionally, the city expects the successful firm will provide a preliminary plan for public
engagement at the time of firm selection.
Consultant Work Order Page 1 of 17 Revised: 10/27/2021
CONSULTANT WORK ORDER
Design Services — City Hall
WannemacherJensen Architects, Inc. 22 -0019 -EN
City of Clearwater
Design for the parking garage structure is not included in this Work Order.
The City's Total Project Budget is $30 million. The Construction Cost for the Building is
estimated to be $20 million.
I. PRE -DESIGN PHASE:
Task 1.1 Concept Design & Preliminary Site Planning
The Architect will:
1. Attend a kick-off meeting with the City.
2. Coordinate and attend up to four meetings with the City.
3. Review the information provided by the City.
4. Review the site conditions.
5. Review laws, codes, and regulations applicable to the Project.
6. Analyze the space needs of the adjacent municipal services building departments
and analysis of those who reside in the current city hall that are anticipated to
reside in the new" City Hall, to reimagine space allocation within the adjacent
buildings with a focus on balancing internal and external efficiencies.
7. Prepare a program of spaces for individual spaces and rooms.
8. Develop up to three conceptual design options. Each option will include:
a. One conceptual site plan.
b. One conceptual floor plan.
c. Three exterior rendered perspectives
d. One conceptual cost opinion.
The Civil Engineer will:
1. Provide Due Diligence Site Feasibility
a. Provide a Site Feasibility Report which includes: Utility availability and
sizes, preliminary drainage analysis, existing streets, compatibility with
zoning requirements / review of existing Master Plans, landscape
buffers, internal plantings, tree preservation, irrigation needs, vehicular
use area and informal meetings with City Staff.
b. Provide additional research concerning existing permit history with the
Southwest Florida Water Management District, City of Clearwater
Development Review, County Staff, adjacent properties, watershed
areas, and miscellaneous utility providers adjacent or on the existing
property.
2. Attend Pre -Application Meetings
a. Schedule and attend one (1) preliminary meeting with the City of
Clearwater during each of the four phases (Programming, Schematic,
Design Development & Construction Documents), a total of four (4)
meetings to review the site plan prior to each submittal.
b. The purpose of these meetings will be to confirm design parameters
and standards assumed for each phase of the project.
Consultant Work Order Page 2 of 17 Revised: 10/27/2021
CONSULTANT WORK ORDER
Design Services — City Hall
WannemacherJensen Architects, Inc. 22 -0019 -EN
City of Clearwater
c. one (1) pre -application meeting with each of the following agencies:
SWFWMD, City of Clearwater Public Works (Transportation) and Pinellas
County (Trail) (as applicable). The purpose of these meetings will be to
begin the site planning, off-site convertible street and trail
requirements, utility analysis and permitting processes.
II. DESIGN PHASE:
Task 2.1 Geotechnical Services
Although site planning and final structural details are in the formative stages, we
understand that the structure is likely to be 3 -stories in height. The scope currently
includes six (6) Standard Penetration Test (SPT) borings. These borings have been
budgeted to a depth of 55 feet based upon significant local experience in the near
vicinity of the subject lot. This will allow sufficient penetration into the underlying
limestone formation for the evaluation of both shallow as well as deep foundation
alternatives.
In addition to the structure borings, we plan for three (3) classification borings which we
have budgeted to a depth of 6 feet.
A Double -Ring Infiltration (DRI) test may be required dependent upon the drainage
design for the project. At the DRI test, we will also conduct a test boring to a nominal
depth of 10 feet in order to classify subgrade soils and provide information for
estimation of normal seasonal high groundwater levels.
A limited laboratory testing program has also been budgeted to aid in characterizing the
engineering properties of the subsurface soils. Our laboratory test would likely include
grainsize analyses, Atterberg Limits and organic content tests, as deemed appropriate.
The results of our field and laboratory studies will be included in a geotechnical report
encompassing a presentation and discussion of the following:
1. Logs of the exploratory borings
2. Results of laboratory tests
3.Results of infiltration tests
4.Discussion of subsurface soil and groundwater conditions including an estimate of
the normal seasonal high groundwater level in the stormwater retention area
5.Recommendations for subgrade preparation and foundation design
6. Estimated total and differential settlement
7.Pavement design considerations
8.Recommendations for quality assurance inspection and testing during the
construction stage
9. Recommendations for further geotechnical investigation if warranted
Task 2.2 Topographic and Boundary Survey
Consultant Work Order Page 3 of 17 Revised: 10/27/2021
CONSULTANT WORK ORDER
Design Services — City Hall
Wannemacher Jensen Architects, Inc. 22 -0019 -EN
City of Clearwater
The boundary survey portion of the scope will include the retracement of the
boundaries of Blocks 5 and 8, and of the North, East, and South boundaries of Blocks 6
and 7 of Magnolia Park, Plat Book 3, page 43 of the Public Records of Pinellas County,
Florida.
Topographic survey limits are as described above and will include the depiction of all
above -ground fixed improvements, trees, spot elevations of ground and pavement
surfaces, drainage inlets, manhole rims, valve boxes, utility vault lids, curbs, sidewalks,
and ramps. Above ground visible evidence of subsurface utilities will be shown. Invert
elevations of storm and sanitary piping, culverts and structures will be obtained (to the
extent deemed necessary by the Project Civil Engineer) where such may be obtained
without physical entry into structures.
Site benchmarks and horizontal control points will be established and shown on the
survey map in support of future site surveying and construction efforts.
The survey will be prepared in accordance with the Standards of Practice set forth by
the Florida Board of Professional Surveyors and Mappers in Chapter 5J-17.050-052
pursuant to Chapter 472.027, Florida Statutes.
The deliverable item for this task will be a map of survey in PDF format electronically
signed and sealed by a Florida licensed surveyor and mapper, together with an AutoCAD
drawing representing the survey map.
Task 2.3 Subsurface Utility Exploration
The Civil Engineer will designate existing subsurface utilities within the right-of-way of
Pierce Street. Utility designation within other areas of the project (as yet to be defined)
will be performed under the Supplemental Surveying/SUE Services.
This effort will be performed using a combination of ground penetrating radar (GPR),
electromagnetic signal induction, and above -ground visible evidence of subsurface
utilities.
The deliverable items for this task will be the markings in the field reflecting designated
evidence of subsurface utilities, and a field sketch of same.
It is understood that efforts under this task will be authorized to be performed prior to
mobilization under the Topographic Survey task.
Task 2.4.1 Civil Eng. Design — MSC Site
For the option that places the new city hall on the existing MSC site, the Civil Engineer
will prepare Civil Engineering Construction Documents showing paving, grading,
drainage, signing & pavement marking, water, and sewer facilities. The Plans will show
connections to utilities at appropriate locations. It is assumed that Stormwater
Management Systems for water quality and attenuation will be provided within
conventional stormwater ponds or thru innovative stormwater techniques and meet the
City's Stormwater criteria.., It is assumed that the water and sewer utilities are available
within the existing Right -of -Ways adjacent to the project, with adequate capacity to
serve this project and no off-site utility extensions will be required. It is also assumed
that no off-site roadway improvements (other than the 1 Block of Pierce Street into a
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Convertible Street and 2 Blocks of South East Avenue) or structured parking garages will
be required under this Scope of Services. If Structural Engineering is needed to design
onsite retaining walls, outdoor vertical elements, parking garage structures, sign
foundations, etc. the Architect will provide those services.
The Civil Engineer will inclbde submittal packages at the 60%, 90%, and 100% Phases for
review and comments prior to Permitting for each Phased Element (ie. MSC site, South
Parcel, Pierce Street, and Pinellas Trail). The Civil Engineer has included the preparation
of Technical Specifications for Civil Engineering to support in developing a bid package
and compliment the City's standard Specifications.
Task 2.4.2 Civil Eng. Design — South Parcel
For the scope of work to be located on the block that is South of Pierce Street and East
of the Pinellas Trail, the Civil Engineer will prepare Civil Engineering Construction
Documents showing paving, grading, drainage, signing & pavement marking, water, and
sewer facilities. The Plans will show connections to utilities at appropriate locations. It
is assumed that Stormwater Management Systems for water quality and attenuation
will be provided within conventional stormwater ponds, connections to existing
stormwater drainage system or thru innovative stormwater techniques and meet the
city's stormwater criteria. It is assumed that the water and sewer utilities are available
within the existing Right -of -Ways adjacent to the project, with adequate capacity to
serve this project and no off-site utility extensions will be required. It is also assumed
that no off-site roadway improvements (other than the 1 Block of Pierce Street into a
Convertible Street and 2 Blocks of South East Avenue) or structured parking garages will
be required under this Scope of Services. If Structural Engineering is needed to design
onsite retaining walls, outdoor vertical elements, parking garage structures, sign
foundations, etc. the Architect will provide those services.
Task 2.4.3 Civil Eng. Design — Pierce Street
For the redevelopment of Pierce Street to a convertible street, between South Myrtle
and the entrance to the Police Station, the Civil Engineer will prepare Civil Engineering
Construction Documents showing paving, grading, drainage, signing & pavement
marking.
Task 2.4.4 Civil Eng. Design — Pinellas Co. Trail
For the redevelopment of the Pinellas Co. Trail and closing of South East Avenue, from
Park Street to Franklin Street, to be a linear park, the Civil Engineer will prepare Civil
Engineering Construction Documents showing paving, grading, drainage, signing &
pavement marking.
Task 2.5 Civil Eng. -permitting
The Civil Engineer will prepare and submit permit application forms and exhibits in
accordance with and containing specific technical information required by agencies for
each Phase of Development (i.e. MSC City Hall Site, South Parcel Town Square -Parking
Lot, Convertible Street and Pinellas Trail —Two Blocks).
National Pollutant Discharge Elimination System (NPDES) Permit -The Civil Engineer will
prepare the Notice of Intent (NOI) Stormwater Permit Application; the NOI will be
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executed by the Architect and forwarded to the U.S. Environmental Protection Agency
(EPA) and the Florida Department of Environmental Protection (FDEP). The Stormwater
Pollution Preservation Plan (SWPPP) will be prepared and executed by the selected
contractor and placed on file. It will be the responsibility of the contractor to monitor
compliance with the SWPPP and to complete the Notice of Termination (NOT) at the
completion of the project.
Utility Permits - The Civil Engineer will prepare and submit, as engineer of record, the
FDEP Health Department permit applications for the following utilities: the onsite
sanitary sewer collection system and the water distribution systems. This process
involves also submitting applications to the utility provider for each utility service for
signatures and approvals. The Civil Engineer will utilize data provided by the Plumbing
Engineer and Fire Protection Consultant for inclusion in the permit submittals (i.e.
fixture counts, proposed flow requirements, flow tests, etc.).
Assume no off-site extensions or relocations anticipated other than utility main
connection at the adjacent property ROW.
City of Clearwater - Buildiritg and Site Construction Document Permit —The Civil Engineer
will submit the necessary sets of signed and sealed Civil Engineering Plans and
Documents for inclusion into the Building Plans Permit submittal. The Civil Engineer can
assist in the permitting expedition and submittals with City of Clearwater Building
Department.
Southwest Florida Water Management District (SWFWMD ERP Modification) - It is
assumed that a conventional stormwater system design will handle both water quality
and attenuation improvements for this site. It is also anticipated that any adverse
geotechnical, environmental and/or floodway conditions will not affect this project. The
Civil Engineer has included preparation of necessary stormwater calculations based on
the 10 -year design for the infrastructure piping. A SWFWMD Environmental Resource
Permit Modification for Water Quality Treatment and Quantity Attenuation permitting
will be prepared in accordance with the City's stormwater criteria and District's rules
and regulations and submitted via online submittal.
City of Clearwater/Pinellas County Right -of -Way Use Permit (Pierce Street, South East
Avenue, Franklin Street, S. Myrtle Avenue and Park Street) - The Civil Engineer will
submit an access/sidewalk, utility and drainage connection application based on the
anticipated access & pedestrian connections to City of Clearwater and/or Pinellas
County for review and approval. The Civil Engineer shall provide the necessary
calculations, applications and permit submittals in accordance with the City and/or
County rules and regulations. If it is determined that off-site roadway improvements to
Park Street, S. Myrtle Avenue, Franklin Street, and/or signalization are required as a
result of the application, the additional work will be performed under separate Scope of
Services for an additional fee. The Contractor will be responsible for any Maintenance
of Traffic Plans (MOT) and filing the permit, as they will be responsible for any bonding
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and/or construction activities within the Right -of -Way. The Civil Engineer's scope only
includes sufficient information to obtain approval of the design intent of the project.
Task 2.6 Civil Eng. Bidding
The Civil Engineer will assist through the public competitive bid process. These services
are limited to preparation of the civil components of the bid package; participation in a
pre-bid meeting; responding to bidder written questions; issuance of bid addendums
and review, tabulation and ranking of submittals.
Task 2.7 Civil Eng. Construction Phase Services
The Civil Engineer anticipates the following Post Design Services based on our history
with similar projects and estimated construction duration of Eighteen (18) months,
assuming all Phased Elements start at the same time. Permit closeouts and transfer
certifications by the Engineer of Record are included in this scope of services. Additional
construction time may warrant a supplemental scope of services to complete
supplemental tasks.
Attend one (1) pre -construction conference at the job. Attend one (1) construction
meeting/teleconference per month at the job site for Eighteen (18) months of
construction. Purpose of attendance is to provide coordination and clarification on
construction -related issues. During on-site attendance, the Civil Engineer's staff will also
document on-site observations for general conformance with the contract documents.
A report and photographs will be provided for each construction observation made.
Attendance for additional meetings will be charged on a Time and Materials basis.
Provide up to eight (8) hours per month (limited to 5 -months) for Shop Drawing reviews
and approximately twelve (12) hours per month (limited to 18 -months) to review
Request for Information (RFI). Each generated RFI should be provided electronically and
include contractor's proposed resolution for review and approval by the engineer.
Provide up to one (1) hour per month for Contractor Pay Application review related to
site/civil components of the pay request. Attend up to twelve (12) site visits throughout
construction for certifications, inspections, and testing as needed.
Conduct Substantial Review and prepare associated Punch List of outstanding site/civil
items to be completed by the contractor to satisfy contract documents. One (1) follow
up inspection of contractor's resolution of punch list items will be performed. The
punch list inspection shall be coordinated by the contractor and owner. Additional
reviews required beyond the follow up will be charged on a Time and Materials basis.
Two (2) Follow-up Post Construction Phase are also included, typically at 6 -month and
12 -month post certificate of occupancy.
Review the As -Built "Drawing" and resulting "Survey" for completeness and prepare the
Record Drawings based on the as -built drawing and survey provided by others. As -Built
Drawing and Survey must be prepared by the contractor or the contractor's surveyor in
accordance with permitting agency specifications. Prepare completion certifications to
the permitting agencies including Southwest Florida Water Management District, City of
Clearwater, FDEP, and Pinellas County, as applicable.
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Task 2.8 Landscape Architecture
The Landscape Designer will participate in the conceptual planning for final
determination of the City Hall development site. Our efforts will be in the form of
planning support, site development diagrams and graphic imagery.
It is anticipated that the Landscape Designer will support in preparation, execution and
reporting up to two meetings for public engagement to solicit community desires,
interest, and goals for the City Hall development.
Landscape architectural design services will be provided for the new City Hall and the
public realm for the City of Clearwater. Specifically, with the two city blocks bounded by
Park Street (north), Franklin and Pierce Streets (south), S. Myrtle Avenue (east) and
Pinellas Trail (west).
1.Landscape for City Hall and the additional adjacent site
2. Landscape for park/City square on south parcel with new parking lot
3.Including landscape design needed for the public realm (streetscape along
designated streets as identified and Pinellas Trail) where the site design will have
impacted the existing public facilities (sidewalk, roadway, and bikeway).
Public realm design for this project will include, landscape, hardscape improvements,
including sidewalks and crosswalks, designed seating areas and/or 'mini -plazas'
incorporated within a large City square, site amenities, site lighting, planting, and
irrigation treatments in coordination with architectural features.
Task 2.9 Stakeholder Outreach
The Architect will attend up to three meetings with project Stakeholders. It is assumed
these meetings will be completed prior to the completion of the 30% Design
Documents.
Task 2.10 Public Meeting/Presentation
The Architect will attend up to one public meeting/presentation/workshop to gather
input from the public.
Task 2.11 City Commission Presentation
The Architect will attend up to one City Commission meeting/presentation
Task 2.12 Cost Estimating
A cost estimate will be completed after approval of the 30%, 60%, and 90% Design
Documents. It is assumed the Construction Manager will provide a cost estimate for
Final Construction Documents.
Task 2.13 DRC Application
The Architect will prepare and submit Planning and Development Application and will
attend the required meeting or public hearings as required.
Task 2.14 Existing Chiller Upgrade
The Mechanical Engineers will analyze the existing mechanical drawings for the existing
chiller plant and, if available, trending data to determine actual usage. If necessary, we
will assemble a scope of work for a Test & Balance contractor to establish existing
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operational conditions. A new high -efficiency chiller plant would then be designed to
serve the existing building and the new addition. The team will investigate
opportunities for utilizing reclaimed water or condensate water as make-up to new
cooling towers, if such design is feasible and applicable to the project.
Task 2.15 LEED Certification
This project is being assumed as to pursue a single LEED Silver certification under the
programmatic dependency exception of the LEED Minimum Program Requirements.
This scope is based on a single (1) LEED certification assumption; however, if upon
further review of more advance drawings and preliminary program design by the GBCI,
it is determined that a different path to achieve a LEED certification is required, an
additional services fee may be required.
The LEED Consultant's services include:
1. LEED Consultant proposes to represent the ownership and design team as the
Sustainability Consultant and LEED Program Manager on behalf of the USGBC/GBCI
while pursuing a LEED Certification for New Construction under Version 4.0 or 4.1.
2. LEED Consultant will provide the Energy Modeling services and serve as the Building
Commissioning Agent, providing Fundamental Building Commissioning as required
under the LEED Version 4.0/4.1 rating system.
3. LEED Consultant assumes management of the entire certification process from
design to final construction submittal and certification.
4. Provide advice to ownership and A/E on cost-efficient sustainability and increased
performance design strategies, included but not limited to: passive design, heat -gain
management, heat island effect, energy conservation measures, etc.
5. Coordinate LEED efforts with all team members, complete most LEED templates,
except those required to be completed by the Engineer of Record.
6. LEED Consultant will provide comprehensive LEED PM and Commissioning Design
Reviews, LEED and commissioning site visits, inspections, and testing as described in
this scope.
7. Reviews of construction submittals.
8. Work with the construction team to guide them on providing construction -related
documentation and implementation of strategies, all leading towards the successful
achievement of the LEED certification.
9. LEED Consultant proposes to include specialized consulting regarding Enhanced
Building Commissioning under EAc1 Option 1 for 3 points.
The Architect's, Mechanical Engineer's, and Electrical Engineer's LEED accredited
personnel will assist the project's LEED Consultant in analyzing and implementing
various LEED requirements for completing the building's certification application.
Services include:
1. Research and design for optimizing orientation, shading and glazing areas.
2. Daylighting simulation for optimizing natural lighting. Analyze lighting controls and
views analysis.
3. Optimizing energy efficiency of the envelope, lighting systems, and HVAC systems.
4. Integration of green building systems into the project
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5. Review appropriateness of sustainable design strategies in relation to community
infrastructure, site layout, water conservation, energy efficiency, resource
efficiency, and indoor environmental quality.
6. Identify strategies for- Regional Priority credits and Innovation in Design credits.
7. Research and select products that contribute to multiple credits.
8. Perform compliance review of materials, products, and finishes, which are often
affected by LEED requirements. Provide draft of additional material
specifications/substitutions required to obtain LEED certification.
9. Provide assistance in identifying suppliers/vendors for the project.
10. Finalize contract documents with LEED specifications fully incorporated.
11. Coordinate and assist with LEED credit assessments, scorecards, and design
templates
12. Coordinate with the contractor on all LEED requirements
13. Review shop drawings and project submittals for LEED requirements and
compliance
Task 2.16 Interior Design & Furniture
The Architect's scope of services will include interior design services for the project. The
Interior Designer will:
1. Attend meetings with the City's design team to assess new furniture needs.
2. Survey selected existing building furniture and equipment if required.
3. Prepare furniture plans and drawings to assist with placement & installation.
4. Perform materials research and compile selections.
5. Provide specifications and select all room finishes, including carpet, paint,
wallcovering, wall base, plastic laminate at millwork cabinets, vinyl composition
tile, furniture fabric, exterior window blinds, etc.
6. Select and document interior signage.
7. Provide assistance with new furniture selection and furniture specifications.
8. Provide assistance with the solicitation and review of competitive bids from
furniture manufacturers.
9. Provide on-site assistance during move -in.
Task 2.17 AV/IT/Security Coordination
The electrical / low voltage engineer will work with the City's AV/IT vendors and
engineers to establish the required scope of work. Our drawings and specifications will
include provisions for the associated power, data, conduit, and junction boxes
requirements.
Task 2.18 Fire Protection
The fire protection engineer will design a new wet -sprinkler system as required for NFPA
13 compliance.
Task 2.19 Site Lighting
The electrical engineer will provide site lighting photometric and branch wiring design
for the site.
Task 2.20 Traffic Study
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The Civil Engineer has included an allowance should a Transportation Impact Study for
the proposed City Hall Site located between Franklin and Park Street along S. Myrtle
Avenue in Clearwater, Florida be required. Based on typical Impact Studies, the
following items would be collected: Data Collection, Trip Generation, Trip Distribution &
Assignment, Crash Analysis, Capacity Analysis, Turn Lane Length Analysis, Mitigation of
Impacts, and a Final Report. A more detailed proposal would be submitted should these
services exceed the allowance and scope understanding.
Task 2.21 A/E Design — South Parcel
Full architectural design, permitting, bidding, and construction administration for the
South Parcel park's vertical structures and components. This includes structural and
MEP engineering.
Task 2.22 Photovoltaic Design Coordination
Concept and integration design, coordination, and electrical engineering of pre -
manufactured photovoltaic solar panel systems.
Task 2.23Public Art, Coordination
Coordination with the City and selected artist to incorporate public art into the project.
Up to three meetings with the City and/or artist are included.
III. FINAL DESIGN PHASE:
Task 3.1: 30% Submittal
Based upon an approved program of spaces we will prepare 30% Design Documents for
the City's review and approval. The documents will consist of items necessary to convey
the nature of the schematic approach, including an architectural site plan, preliminary
building plans and other drawings or graphics as needed for City personnel &
stakeholder review and feedback.
The Architect will:
1. Determine building code requirements and incorporate them into the design.
2. Determine site development constraint information and incorporate into the
design.
3. Prepare site plan concepts and alternatives.
4. Prepare floor plan concepts and alternatives.
5. Identify preliminary materials and equipment.
6. Up to three meetings with City personnel as needed to develop and coordinate
the 30% Design Documents.
Task 3.2: 60% Submittals
Based upon the City's approval of the 30% Design Documents, we will prepare 60%
Design Documents for the City's review and approval. The Design Development
Documents will consist of items necessary to illustrate and describe the development of
the schematic design, including building plans, sections, elevations and diagrammatic
layouts of building systems necessary to convey the character of the project.
The Architect will:
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1. Meet with all design team consultants and coordinate systems and drawing
backgrounds.
2. Up to three meetings with City personnel to review project progress and design
documents.
3. Prepare a progress set of Construction Documents at 60% Completion, including
detailed design plans, detailed building system plans, specifications identifying
materials, systems and their respective standard of quality.
Task 3.3: 90% Submittal
Based upon the City's approval of the 60% Design Documents, we will prepare 90%
Design Documents for the City's review and approval. The 90% Design Documents will
illustrate and describe the further development of the approved 60% Design Drawings
and will consist of detailed Drawings and Specifications that describe requirements for
the construction of the work. The 90% documents will consist of drawings and
specifications for Architectural, MEP, and Structural.
The Architect will:
1. Prepare a progress set of Construction Documents at 90% Completion, including
detailed design plans, detailed building system plans, specifications identifying
materials, systems and their respective standard of quality.
2. Up to three meetings with City personnel to review project progress.
Task 3.4 Final Construction Documents
Based upon the City's approval of the 90% Design Documents, we will prepare Final
Construction Documents for the City's review and approval. Final Construction
Documents will be used for the purpose of bidding, permitting, and construction.
The Architect will:
1. Prepare a set of Construction Documents at 100% Completion, including
detailed design plans, detailed building system plans, specifications identifying
materials, systems and their respective standard of quality.
IV. BIDDING PHASE:
Task 4.1: Permitting and Bidding Services
Following the Client's approval of the Permit Documents, the Architect will assist the
Client/Contractor with permitting and obtaining bids from subcontractors.
The Architect will:
1. Provide Signed and Sealed document sets for the building permit.
2. Modify documents as required in response to Building Permit Review comments.
3. Assist the Client/Contractor with preparation and distribution of bid documents.
4. Respond to questions and provide clarifications and interpretations of the
Construction Documents to Client/Contractor and prospective subcontractors via
addendum/addenda.
5. Provide Conformed Drawings and Specifications per bid addendum/addenda.
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V. CONSTRUCTION PHASE:
Task 5.1: Construction Administration
The Architect's Scope of Services will provide construction oversight to ensure the
project is built according to the Construction Documents. We will assist the Contractor
when conflicts or clarifications are needed. The Architect and Engineers will make
periodic site visits to observe construction and follow the progress.
We will:
1. Review of Contractor's pay application.
2. Attend meetings at -the project site twice per month for up to 18 months
3. Provide review of and respond to the contractor's submittals and shop drawings.
4. Provide telephone and email correspondence as necessary.
5. Respond to the contractor's questions and need for clarifications.
6. Attend the Substantial Completion walk-through.
7. Prepare a Punch List.
8. Attend the Final Completion Walk -Through.
9. Prepare Record Drawings based on Contractor's prepared as -built drawings.
The scope and fee assume Construction Administration will be provided for a 18 -month
period. If the construction exceeds 18 months, an additional fee for construction
administration will be required.
3. PROJECT GOALS:
• Three conceptual design options in PDF format.
• 30% Design Documents in PDF Format.
• 30% construction cost estimate in PDF Format.
• 60% Design Documents -1n PDF Format.
• 60% construction cost estimate in PDF Format.
• 90% Design Documents in PDF Format.
• 90% construction cost estimate in PDF Format.
• Final Construction Documents in PDF Format.
• Attendance at pre -construction meeting.
• 36 project site visits/meetings during Construction.
• Substantial and Final completion walk-through.
4. FEES:
This price includes all labor and expenses anticipated to be incurred by Wannemacher
Jensen Architects, Inc. for the completion of these tasks in accordance with Professional
Services Method "B" — Lump Sum — Percentage of Completion by Task for a fee not to
exceed Two Million Nine Hundred Forty Eight Thousand Three Hundred Forty Dollars
($2,948,340).
See Attachment "A" for total cost per task.
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Basic Services (Tasks 3, 4, and 5) are based on the State of Florida's Department of
Management Services Fee Curve utilizing a Construction Budget of $20 million at 6.70%
(Complexity B — More than Average Complexity). If the Client's Building Construction
Budget is increased, the Architect's Basic Services shall be recalculated using the State of
Florida's Department of Management Services Fee Curve based on the increased budget
amount.
The permit application fees will be paid by the consultant and invoiced to the City as a
reimbursable.
5. SCHEDULE:
The project is to be completed in 443 days from issuance of notice -to -proceed. The
project deliverables are to be phased as follows:
Concept Design & Preliminary Site Planning: 60 calendar days
Owner Review 14 calendar days
30% Construction Plans: 80 calendar days
Owner Review 14 calendar days
60% Construction Plans and Permit Applications: 70 calendar days
DRC Review & Recommendation Process 45 calendar days
(Owner Review during this time)
90% Construction Plans: 70 calendar days
Final Construction Documents: 30 calendar days
Permitting: 60 calendar days
City review and approval periods are estimated in the schedule above.
6. STAFF ASSIGNMENT:
Wannemacher Jensen Architects—Architecture and Interiors
Principal in Charge — Jason Jensen
Project Manager—Joah Bury
Carastro & Associates, Inc — Mechanical, Electrical, Plumbing, Fire Protection
Engineering, & Low Voltage.,
Master Consulting Engineers — Structural Engineering
Stantec — Civil Engineering & Landscape Architecture
CC&A — Cost Estimating
Driggers Engineering Services Inc — Geotechnical Testing
Sequil Systems— LEED Consultation
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City of Clearwater Staff
Tara Kivett, P.E. Project Manager
Elliot Shoberg, P.E Engineering Assistant Director
7. CORRESPONDENCE/REPORTING PROCEDURES:
Consultant's project correspondence shall be directed to:
Joah Bury
132 Mirror Lake Drive N Unit 301
St. Petersburg, FL 33701
727.822.5566
joah@wjarc.com
All City project correspondence shall be directed to:
Tara Kivett, P.E.
100 S. Myrtle Ave.
Clearwater, FL 33756
727 562-4758
Tara.Kivett@myclearwater.com
with copies to others as may be appropriate.
8. INVOICING/FUNDING PROCEDURES:
City Invoicing Code: ENGF220001-DSGN-PROSVC
For work performed, invoices shall be submitted monthly to:
ATTN LELAND SIVANISH, SENIOR ACCOUNTANT
CITY OF CLEARWATER, ENGINEERING DEPARTMENT
PO BOX 4748
CLEARWATER, FLORIDA 33758-4748
Contingency services will be billed as incurred only after written authorization provided
by the City to proceed with those services.
9. INVOICING PROCEDURES:
At a minimum, in addition to the invoice amount(s) the following information shall be
provided on all invoices submitted on the Work Order:
1. Purchase Order, Project and Invoice Numbers and Contract Amount.
2. The time period (begin and end date) covered by the invoice.
3. A short narrative summary of activities completed in the time period.
4. Contract billing method — Lump Sum or Hourly Rate.
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5. If Lump Sum, the percent completion, amount due, previous amount earned and
total earned to date for all tasks (direct costs, if any, shall be included in lump
sum amount).
6. If Hourly Rate, hours, hourly rates, names of individuals being billed, amount
due, previous amount earned, the percent completion, total earned to date for
each task and other direct costs (receipts will be required for any single item
with a cost of $50 or greater or cumulative monthly expenses greater than
$100).
7. If the Work Order is funded by multiple funding codes, an itemization of tasks
and invoice amounts by funding code.
10. CONSIDERATIONS:
Consultant acknowledges the following:
1. The Consultant named above is required to comply with Section 119.0701,
Florida Statutes, where applicable.
2. All City directives shall be provided by the City Project Manager.
3. "Alternate equals" shall not be approved until City Project Manager agrees.
4. All submittals must be accompanied by evidence each has been internally
checked for QA/QC before providing to City.
5. Consultants/Contractors are not permitted to use City -owned equipment (i.e.
sampling equipment, etc.).
6. Documents posted on City website must ADA accessible.
11. ADDITIONAL CONSIDERATIONS:
All work orders should include considerations for the following:
1. Sea Level Rise and Flood Resilience, as applicable.
2. Submittal of a Critical Path Method (CPM) Schedule(s).
3. Submittal of a Project Catalog with the following items, as appropriate:
a. Data requests, assumptions, critical correspondence, meeting agenda,
sign -in sheets, meeting minutes, document comment -response log(s),
technical memorandum/reports, addenda, progress reports, regulatory
correspondence, and other project -related documents.
b. If construction project, also include design plans, conformed plans,
change orders, field orders, RFIs, work change directives, addenda,
progress reports, shop drawing and progress submittals, as-builts, record
drawings, and other project -related documents such as O&M manuals
and warranty information.
c. At the conclusion of the project, ENGINEER will combine this information
into a Project Catalog and submit to the City for review and comment.
Consultant Work Order Page 16 of 17 Revised: 10/27/2021
CONSULTANT WORK ORDER
Design Services — City Hall
Wannemacher Jensen Architects, Inc. 22 -0019 -EN
City of Clearwater
4. Arc Flash labeling requirements:
a. All electrical designs and construction shall adhere to NFPA 70 E
"Standard for Electrical Safety in the Workplace".
b. Updated calculations of Fault and Arc Flash, and provisions for new or
updated Arc Flash equipment labeling shall be included in the contract
documents.
12. SPECIAL CONSIDERATIONS:
The design team will adhere to the following City of Clearwater guidelines:
• Downtown District Development Standards
• Clearwater Greenprint 2.0
• Stormwater Drainage Criteria.
13. SIGNATURES:
PREPARED BY:
APPROVED BY:
JasYn Jenen, AIA, LEED AP Tara Kivett, P.E.
President City Engineer
Wannemacher Jensen Architects, Inc. City of Clearwater
8/11 /2022
Date Date
Consultant Work Order Page 17 of 17 Revised: 10/27/2021
ATTACHMENT "A"
CONSULTANT WORK ORDER - PROJECT FEES TABLE
Design Services - City Hall
WannemacherJensen Architects, Inc. 22 -0019 -EN
City of Clearwater
CONSULTANT WORK ORDER
PROJECT FEES TABLE
Task
Description
Subcons
ultant
Services
Labor
Total
1.0
Pre -Design
1.1
Concept Design & Preliminary Site Planning
$60,000
$90,950
$150,950
Pre -Design Total:
$150,950
2.0
Design
2.1
Geotechnical Services
$15,500
$2,325
$17,825
2.2
Topographic and Boundary Survey (if
required)
$37,500
$5,625
$43,125
2.3
Subsurface Utility Engineering'
$4,500
$675
$5,175
2.4.1
Civil Eng. Design - MSC Site
$80,000
$12,000
$92,000
2.4.2
Civil Eng. Design - South Parcel (if required)
$60,000
$9,000
$69,000
2.4.3
Civil Eng. Design - Pierce Street (if required)
$42,500
$6,375
$48,875
2.4.4
Civil Eng. Design Pinellas Co Trail (if required)
$27,500
$4,125
$31,625
2.5
Civil Eng. Permitting
$50,000
$7,500
$57,500
2.6
Civil Eng. Bidding
$5,000
$750
$5,750
2.7
Civil Eng. Construction Phase Services
$48,000
$7,200
$55,200
2.8
Landscape Architecture
$93,400
$14,010
$107,410
2.9
Stakeholder Outreach
$9,300
$9,300
2.10
Public Meeting/Presentation/Workshop
$3,810
$3,810
2.11
City Commission Presentation
$3,810
$3,810
2.12
Cost Estimating
$24,850
$3,728
$28,578
2.13
DRC Application
$9,460
$9,460
2.14
Existing Chiller Upgrade (if required)
$160,000
$24,000
$184,000
2.15
LEED Certification - Silver
$139,950
$59,833
$199,783
2.16
Interior Design & Furniture
$48,000
$48,000
2.17
AV/IT/Security Coordination
$48,000
$7,200
$55,200
2.18
Fire Protection
$12,000
$1,800
$13,800
2.19
Site Lighting
$15,000
$2,250
$17,250
2.20
Traffic Study (if required)
$20,000
$3,000
$23,000
2.21
A/E Design - South Parcel (if required)
$49,407
$115,283
$164,690
2.22
Photovoltaic Design Coordination
$5,500
$6,600
$12,100
2.23
Public Art Coordination
$5,280
$5,280
Design Total:
$1,311,546
Consultant Work Order - Project Fees Table
Page 1 of 2
Revised: 10/27/2021
ATTACHMENT "A"
CONSULTANT WORK ORDER — PROJECT FEES TABLE
Design Services — City Hall
WannemacherJensen Architects, Inc. 22 -0019 -EN
City of Clearwater
3.0
Final Design Plans and Specifications
3.1
30% Submittal
$80,400
$120,727
$201,127
3.2
60% Submittal
$134,000
$174,394
$308,394
3.3
90% Submittal
$176,880
$225,373
$402,253
3.4
Final Construction Documents
$53,600
$80,484
$134,084
Final Design Plans and Specifications Total:
$1,045,858
4.0
Permitting and Bidding Services
4.1
Permitting and Bidding Services
$10,720
$16,097
$26,817
Permitting Services Total:
$26,817
5.0
Construction Phase Services
5.1
Construction Administration
$80,400
$187,769
$268,169
Construction Phase Services Total:
$268,169
SUBTOTAL; LABOR AND SUB -CONTRACTORS:
6.0
Permit Fees (Allowance)
$25,000
7.0
Reimbursable Expenses (Allowance)
$20,000
8.0
Design Contingency (Allowance)
$100,000
GRAND TOTAL:
$2,948,340
Consultant Work Order — Project Fees Table Page 2 of 2 Revised: 10/27/2021
ATTACHMENT "B"
CONSULTANT WORK ORDER — CITY DELIVERABLES
Design Services — City Hall
WannemacherJensen Architects, Inc. 22 -0019 -EN
City of Clearwater
CONSULTANT WORK ORDER
CITY DELIVERABLES
1. FORMAT:
The design plans shall be compiled utilizing the following methods:
1. City of Clearwater CAD standards.
2. Datum: Horizontal and Vertical datum shall be referenced to North American
Vertical Datum of 1988 (vertical) and North American Datum of 1983/90
(horizontal). The unit of measurement shall be the United States Foot. Any
deviation from this datum will not be accepted unless reviewed by City of
Clearwater Engineering/Geographic Technology Division.
2. DELIVERABLES:
The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20'
unless approved otherwise. Upon completion the consultant shall deliver all drawing
files in digital format with all project data in Autodesk Civil 3D file format.
NOTE: If approved deviation from Clearwater CAD standards are used the Consultant
shall include all necessary information to aid in manipulating the drawings including
either PCP, CTB file or pen schedule for plotting. The drawing file shall include only
authorized fonts, shapes, line types or other attributes contained in the standard
release of Autodesk, Inc. software. All block references and references contained within
the drawing file shall be included. Please address any questions regarding format to Mr.
Tom Mahony, at (727) 562-4762 or email address Tom.Mahony@myClearwater.com.
All electronic files (including CAD and Specification files) must be delivered upon
completion of project or with 100% plan submittal to City of Clearwater.
Consultant Work Order— City Deliverables Page 1 of 1 Revised: 10/27/2021
RFQ #24-22, Exhibit C
STANDARD TERMS AND CONDITIONS
S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: "vendor,
contractor, consultant, supplier, proposer, company, parties, persons", "purchase order, PO,
contract, agreement", "city, Clearwater, agency, requestor, parties", "bid, proposal, response,
quote".
S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to
the City will be that of an independent contractor. Contractor and all persons employed by
Contractor, either directly or indirectly, are Contractor's employees, not City employees.
Accordingly, Contractor and Contractor's employees are not entitled to any benefits provided to
City employees including, but not limited to, health benefits, enrollment in a retirement system,
paid time off or other rights afforded City employees. Contractor employees will not be regarded
as City employees or agents for any purpose, including the payment of unemployment or
workers' compensation. If any Contractor employees or subcontractors assert a claim for wages
or other employment benefits against the City, Contractor will defend, indemnify and hold
harmless the City from all such claims.
S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the
express written permission of the City. If Contractor has received authorization to subcontract
work, it is agreed that all subcontractors performing work under the Agreement must comply with
its provisions. Further, all agreements between Contractor and its subcontractors must provide
that the terms and conditions of this Agreement be incorporated therein.
S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first
receiving the City's written consent. Any attempted assignment, either in whole or in part, without
such consent will be null and void and in such event the City will have the right at its option to
terminate the Agreement. No granting of consent to any assignment will relieve Contractor from
any of its obligations and liabilities under the Agreement.
S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and
inure to the benefit of the parties and their respective permitted successors and assigns.
S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the
parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits,
rights, or responsibilities in any third parties.
S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials
or services set forth herein from other sources when deemed necessary and appropriate. No
exclusive rights are encompassed through this Agreement.
S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be
modified in a writing signed by both parties. No charge for extra work or material will be allowed
unless approved in writing, in advance, by the City and Contractor.
S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties' obligations
under this Agreement.
S.10 COMPLIANCE WITH APPLICABLE LAWS.
a. General. Contractor must procure all permits and licenses, and pay all charges and fees
necessary and incidental to the lawful conduct of business. Contractor must stay fully
informed of existing and future federal, state, and local laws, ordinances, and regulations that
in any manner affect the fulfillment of this Agreement and must comply with the same at its
own expense. Contractor bears full responsibility for training, safety, and providing necessary
equipment for all Contractor personnel to achieve throughout the term of the Agreement.
Upon request, Contractor will demonstrate to the City's satisfaction any programs,
procedures, and other activities used to ensure compliance.
b. Drug -Free Workplace. Contractor is hereby advised that the City has adopted a policy
establishing a drug-free workplace for itself and those doing business with the City to ensure
1
RFQ #24-22, Exhibit C
STANDARD TERMS AND CONDITIONS
the safety and health of all persons working on City contracts and projects. Contractor will
require a drug-free workplace for all Contractor personnel working under this Agreement.
Specifically, all Contractor personnel who are working under this Agreement must be notified
in writing by Contractor that they are prohibited from the manufacture, distribution,
dispensation, possession, or unlawful use of a controlled substance in the workplace.
Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel,
and will ensure that Contractor personnel do not use or possess illegal drugs while in the
course of performing their duties.
c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration
Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit
the City and its agents to inspect applicable personnel records to verify such compliance as
permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all
Contractor personnel have a legal right to live and work in the United States.
(1)
As applicable to Contractor, under this provision, Contractor hereby warrants to the City
that Contractor and each of its subcontractors will comply with, and are contractually
obligated to comply with, all federal immigration laws and regulations that relate to their
employees (hereinafter "Contractor Immigration Warranty").
(ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of
this Agreement and will subject Contractor to penalties up to and including termination of
this Agreement at the sole discretion of the City.
(iii) The City retains the legal right to inspect the papers of all Contractor personnel who
provide services under this Agreement to ensure that Contractor or its subcontractors are
complying with the Contractor Immigration Warranty. Contractor agrees to assist the City
in regard to any such inspections.
(iv) The City may, at its sole discretion, conduct random verification of the employment
records of Contractor and any subcontractor to ensure compliance with the Contractor
Immigration Warranty. Contractor agrees to assist the City in regard to any random
verification performed.
(v) Neither Contractor nor any subcontractor will be deemed to have materially breached the
Contractor Immigration Warranty if Contractor or subcontractor establishes that it has
complied with the employment verification provisions prescribed by Sections 274A and
2746 of the Federal Immigration and Nationality Act.
d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against
any employee or applicant for employment or person to whom it provides services because of
race, color, religion, sex, national origin, or disability, and represents and warrants that it
complies with all applicable federal, state, and local laws and executive orders regarding
employment. Contractor and Contractor's personnel will comply with applicable provisions of
Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal
Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and
applicable rules in performance under this Agreement.
S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes
including federal, state, and local taxes related to or arising out of Contractor's services under this
Agreement, including by way of illustration but not limitation, federal and state income tax, Social
Security tax, unemployment insurance taxes, and any other taxes or business license fees as
required. If any taxing authority should deem Contractor or Contractor employees an employee
of the City, or should otherwise' claim the City is liable for the payment of taxes that are
Contractor's responsibility under this Agreement, Contractor will indemnify the City for any tax
liability, interest, and penalties imposed upon the City.
2
RFQ #24-22, Exhibit C
STANDARD TERMS AND CONDITIONS
The City is exempt from paying state and local sales/use taxes and certain federal excise taxes
and will furnish an exemption certificate upon request.
S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due
to the City during the performance of services under the Agreement. Payments to Contractor
may be offset by any delinquent amounts due the City or fees and charges owed to the City.
S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral
presentations, meetings where vendors answer questions, other submissions, correspondence,
and all records made thereof, as well as negotiations or meetings where negotiation strategies
are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance
with Chapters 119 and 286, Florida Statutes.
Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure
until such time that the City provides notice of an intended decision or until 30 days after opening
the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB
and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain
exempt from public disclosure until such time that the City provides notice of an intended decision
concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall
not be exempt from public disclosure longer than 12 months after the initial City notice rejecting
all proposals or replies.
Oral presentations, meetings where vendors answer questions, or meetings convened by City
staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in
compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such
closed meeting. The recording of, and any records presented at, the exempt meeting shall be
available to the public when the City provides notice of an intended decision or until 30 days after
opening proposals or final replies, -whichever occurs first. If the City rejects all proposals or replies
pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and
any records presented at the exempt meeting remain exempt from public disclosure until such
time that the City provides notice of an intended decision concerning the reissued ITB or until the
City withdraws the reissued ITB. A recording and any records presented at an exempt meeting
shall not be exempt from public disclosure longer than 12 months after the initial City notice
rejecting all proposals or replies.
In addition to all other contract requirements as provided by law. the contractor executing
this agreement agrees to comply with public records law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call(Wmvclearwater.com,
600 Cleveland Street, Suite 600, Clearwater, FL 33755.
The contractor'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.
3
RFQ #24-22, Exhibit C
STANDARD TERMS AND CONDITIONS
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.
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 eight (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 eight (8) business days after the
notice is sent is not liable for the reasonable costs of enforcement.
S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for
five (5) years after completion of the Agreement. The City or its authorized agent reserves the
right to inspect any records related to the performance of work specified herein. In addition, the
4
RFQ #24-22, Exhibit C
STANDARD TERMS AND CONDITIONS
City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation
to the Agreement. Contractor will permit such inspections and audits during normal business
hours and upon reasonable notice by the City. The audit of records may occur at Contractor's
place of business or at City offices, as determined by the City.
S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested
background checks of Contractor personnel who would perform services under the Agreement or
who will have access to the City's information, data, or facilities in accordance with the City's
current background check policies. Any officer, employee, or agent that fails the background
check must be replaced immediately for any reasonable cause not prohibited by law.
S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will
have final authority, based on security reasons: (i) to determine when security clearance of
Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and
including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual
or entity may provide services under this Agreement. If the City objects to any Contractor
personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from
the City, remove any such individual from performance of services under this Agreement.
S.17 DEFAULT.
a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary
bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any
similar action that affects Contractor's capability to perform under the Agreement; (ii) is the
subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days;
(iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out
any term, promise, or condition of the Agreement.
b. Contractor will be in default of this Agreement if Contractor is debarred from participating in
City procurements and solicitations in accordance with the City's Purchasing Policy and
Procedures Manual.
c. Notice and Opportunity to Cure. In the event a party is in default then the other party may,
at its option and at any time, provide written notice to the defaulting party of the default. The
defaulting party will have thirty (30) days from receipt of the notice to cure the default; the
thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure
period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is
reasonably calculated to provide notice of the nature and extent of such default. Failure of
the non -defaulting party to provide notice of the default does not waive any rights under the
Agreement.
d. Anticipatory Repudiation. Whenever the City in good faith has reason to question
Contractor's intent or ability to perform, the City may demand that Contractor give a written
assurance of its intent and ability to perform. In the event that the demand is made and no
written assurance is given within five (5) calendar days, the City may treat this failure as an
anticipatory repudiation of the Agreement.
S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy
will not preclude the use of other remedies. In the event of default:
a. The non -defaulting party may terminate the Agreement, and the termination will be effective
immediately or at such other date as specified by the terminating party.
b. The City may purchase the services required under the Agreement from the open market,
complete required work itself, or have it completed at the expense of Contractor. If the cost of
obtaining substitute services exceeds the contract price, the City may recover the excess
cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid
balance due to Contractor; (iii) collection against the proposal and/or performance security, if
5
RFQ #24-22, Exhibit C
STANDARD TERMS AND CONDITIONS
any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the
aforementioned remedies or other remedies as provided by law. Costs includes any and all,
fees, and expenses incurred in obtaining substitute services and expended in obtaining
reimbursement, including, but not limited to, administrative expenses, attorneys' fees, and
costs.
c. The non -defaulting party will have all other rights granted under this Agreement and all rights
at law or in equity that may be available to it.
d. Neither party will be liable for incidental, special, or consequential damages.
S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the
parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to
cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or
obligated to cease performance (*other provisions in this Agreement.
S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in
part or in whole upon thirty (30) calendar days' written notice.
S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to
F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or
further obligation, if any person significantly involved in initiating, securing, drafting, or creating
the Agreement for the City becomes an employee or agent of Contractor.
S.22 TERMINATION FOR NON -APPROPRIATION AND MODIFICATION FOR BUDGETARY
CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds
by its governing body to satisfy its obligations. If the City reasonably determines that it does not
have funds to meet its obligations under this Agreement, the City will have the right to terminate
the Agreement without penalty on the last day of the fiscal period for which funds were legally
available. In the event of such termination, the City agrees to provide written notice of its intent to
terminate thirty (30) calendar days prior to the stated termination date.
S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement,
Contractor will be entitled only to payment for those services performed up to the date of
termination, and any authorized expenses already incurred up to such date of termination. The
City will make final payment within thirty (30) calendar days after the City has both completed its
appraisal of the materials and services provided and received Contractor's properly prepared final
invoice.
S.24 NON -WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless
approved in writing and signed by the waiving party. Failure or delay to exercise any rights or
remedies provided herein or by law or in equity, or the acceptance of, or payment for, any
services hereunder, will not release the other party of any of the warranties or other obligations of
the Agreement and will not be deemed a waiver of any such rights or remedies.
S.25 INDEMNIFICATION/LIABILITY.
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the
City, its officers, agents, and employees, harmless from and against any and all liabilities,
demands, claims, suits, losses, damages, causes of action, fines or judgments, including
costs, attorneys', witnesses', and expert witnesses' fees, and expenses incident thereto,
relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel
under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or
Contractor personnel; and (iii) Contractor or Contractor personnel's failure to comply with or
fulfill the obligations established by this Agreement.
b. Contractor will update the City during the course of the litigation to timely notify the City of
any issues that may involve the independent negligence of the City that is not covered by this
indemnification.
6
RFQ #24-22, Exhibit C
STANDARD TERMS AND CONDITIONS
c. The City assumes no liability for actions of Contractor and will not indemnify or hold
Contractor or any third party harmless for claims based on this Agreement or use of
Contractor -provided supplies or services.
S.26 WARRANTY. Contractor warrants that the services and materials will conform to the
requirements of the Agreement. Additionally, Contractor warrants that all services will be
performed in a good, workman -like and professional manner. The City's acceptance of service or
materials provided by Contractor will not relieve Contractor from its obligations under this
warranty. If any materials or services are of a substandard or unsatisfactory manner as
determined by the City, Contractor, at no additional charge to the City, will provide materials or
redo such services until in accordance with this Agreement and to the City's reasonable
satisfaction.
Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current
manufacture and not discontinued, will be free of defects in materials and workmanship, will be
provided in accordance with manufacturer's standard warranty for at least one (1) year unless
otherwise specified, and will perform in accordance with manufacturer's published specifications.
S.27 THE CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to
prejudice the City's right to recover against third parties for any loss, destruction, or damage to
City property, and will at the City's request and expense, furnish to the City reasonable
assistance and cooperation, including assistance in the prosecution or defense of suit and the
execution of instruments of assignment in favor of the City in obtaining recovery.
S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to
deliver any specific amount of materials or services or any materials or services at all under this
Agreement and acknowledges and agrees that the materials or services will be requested by the
City on an as needed basis at the sole discretion of the City. Any document referencing
quantities or performance frequencies represent the City's best estimate of current requirements,
but will not bind the City to purchase, accept, or pay for materials or services which exceed its
actual needs.
S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City
pursuant to this Agreement (whether electronically or manually generated) including without
limitation, reports, test plans, and survey results, graphics, and technical tables, originally
prepared in the performance of this Agreement, are the property of the City and will not be used
or released by Contractor or any other person except with prior written permission by the City.
S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or
publicity without obtaining the prior written consent of the City.
S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former
public officer or employee within the last two (2) years shall not represent another organization
before the City on any matter for which the officer or employee was directly concerned and
personally participated in during their service or employment or over which they had a substantial
or material administrative discretion.
S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB
destination freight prepaid and allowed unless otherwise agreed.
S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or
equipment incidental to providing_ these services and such loss, injury, or destruction will not
release Contractor from any obligation hereunder.
S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real
property or damage or loss of City personal property when such property is the responsibility of or
in the custody of Contractor or its employees.
7
RFQ #24-22, Exhibit C
STANDARD TERMS AND CONDITIONS
S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use,
the materials and services being provided and that the City may use same without suit, trouble or
hindrance from Contractor or third parties.
S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will
without limitation, at its expense defend the City against all claims asserted by any person that
anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual
property right and must, without limitation, pay the costs, damages and attorneys' fees awarded
against the City in any such action, or pay any settlement of such action or claim. Each party
agrees to notify the other promptly of any matters to which this provision may apply and to
cooperate with each other in connection with such defense or settlement. If a preliminary or final
judgment is obtained against the City's use or operation of the items provided by Contractor
hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its
expense and without limitation, either: (a) modify the item so that it becomes non -infringing; (b)
procure for the City the right to continue to use the item; (c) substitute for the infringing item other
item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price
paid, Tess reasonable usage, from the time of installation acceptance through cessation of use,
which amount will be calculated on a useful life not less than five (5) years, plus any additional
costs the City may incur to acquire substitute supplies or services.
S.37 CONTRACT ADMINISTRATION. The agreement will be administered by the Purchasing
Administrator and/or an authorized representative from the using department. All questions
regarding the agreement will be referred to the administrator for resolution. Supplements may be
written to the agreement for the addition or deletion of services. Payment will be negotiated and
determined by the contract administrator(s).
S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused
by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of
the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose
performance is so affected will within five (5) calendar days of the unforeseeable circumstance
notify the other party of all pertinent facts and identify the force majeure event. The party whose
performance is so affected must also take all reasonable steps, promptly and diligently, to prevent
such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or
performance date will be extended for a period equal to the time lost by reason of delay, plus
such additional time as may be reasonably necessary to overcome the effect of the delay,
provided however, under no circumstances will delays caused by a force majeure extend beyond
one hundred -twenty (120) calendar days from the scheduled delivery or completion date of a task
unless agreed upon by the parties.
S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative
purchasing agreements with other Florida government agencies, including the Tampa Bay Area
Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be
extended for use by other municipalities, school districts and government agencies in the State of
Florida with the approval of Contractor. Any such usage by other entities must be in accordance
with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the
respective government agency. ---
Orders
;Orders placed by other agencies and payment thereof will be the sole responsibility of that
agency. The City is not responsible for any disputes arising out of transactions made by others.
S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price
increases will be accepted without proper request by Contractor and response by the City's
Purchasing Division.
S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at
their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or
registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If
8
RFQ #24-22, Exhibit C
STANDARD TERMS AND CONDITIONS
provided by personal delivery, rectipt will be deemed effective upon delivery. If sent via certified
or registered mail, receipt will be deemed effective three (3) calendar days after being deposited
in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed
effective two (2) calendar days after the sending thereof.
S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida.
The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to
this Agreement will be Pinellas County, Florida.
S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto,
supersede all prior oral or written agreements, if any, between the parties and constitutes the
entire agreement between the parties with respect to the work to be performed.
S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a
part of this Agreement as if fully stated in it.
S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such
provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may
be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or
unenforceability.
S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of
this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth
rights and obligations that extend beyond completion, termination, or other expiration of this
Agreement, will survive and remain in full force and effect. Except as specifically provided in this
Agreement, completion, termination, or other expiration of this Agreement will not release any
party from any liability or obligation arising prior to the date of termination.
9
MASTER AGREEMENT BETWEEN
CITY OF CLEARWATER AND WANNEMACHER JENSEN ARCHITECTS, INC.
RFQ #24-22
NEW CITY HALL DESIGN (22 -0019 -EN)
EXHIBIT D
INSURANCE REQUIREMENTS. The CONSULTANT 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 CONSULTANT'S deductible or self-insured retention and to require that
it be reduced or eliminated.
Specifically, the CONSULTANT must carry the following minimum types and amounts of insurance on
an occurrence basis or in the case of coverage that cannot 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. Specific work may require additional coverage on a case by
case basis:
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 CONSULTANT 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
CONSULTANT'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
CONSULTANT 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.
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
CONSULTANT 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, CONSULTANT 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
Attn: Purchasing, RFQ #24-22
P.O. Box 4748
Clearwater, FL 33758-4748
b. CONSULTANT shall provide thirty (30) days written notice of any cancellation, non -renewal,
termination, material change or reduction in coverage.
c. CONSULTANT'S insurance as outlined above shall be primary and non-contributory coverage
for CONSULTANT'S negligence.
d. CONSULTANT reserves the right to appoint legal counsel to provide for the CONSULTANT'S
defense, for any and all claims that may arise related to Agreement, work performed under this
Agreement, or to CONSULTANT'S design, equipment, or service. CONSULTANT agrees that
the City shall not be liable to reimburse CONSULTANT for any legal fees or costs as a result of
CONSULTANT providing its defense as contemplated herein.
The stipulated limits of coverage above shall not be construed as a limitation of any potential
liability to the City, and failure to request evidence of this insurance shall not be construed as a
waiver of CONSULTANT'S obligation to provide the insurance coverage specified.