Item C12
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 15, 2009 Division: Project Management
Bulk Item: Yes -.lL No - Staff Contact Person: Jerry Barnett
Telephone# 292-4416
AGENDA ITEM WORDING: Approval for RFQ for a continuing contract for
Architectural/Engineering services as authorized by F.S. 287.055(2)(g). The statute
allows the County to secure standing architects/engineers who will be available to
complete the design portion of a project without going out for bid. It applies only to
projects in which the construction costs do not exceed $2 million dollars.
ITEM BACKGROUND: Continuing contracts for certain professional services are
authorized under Florida Statute. The statute allows construction projects in which costs
do not exceed $2 million to proceed without RFQ. The statute was recently amended by
the legislature to increase the amount from $1 million to $2 million and is effective for
contracts entered into as of July 1,2009. The individual contract for each proiect will
come to the BOCC for approval. This is simply a method, which enables the County to
move forward on construction projects without the formality of going out for bid for
professional services.
PREVIOUS RELEVANT BOCC ACTION: BOCC has authorized continuing
contracts in the past. This allows the County to proceed under the newly amended statute.
CONTRACT/AGREEMENT CHANGES: NONE
ST AFF RECOMMENDATIONS: APPROVAL
TOTAL COST: $900.00 Adv BUDGETED: Yes X No -
(This RFQ will not cost the County money; any contracts approved under the RFQ for
future construction will have to come before the BOCC for approval of the contract/cost.)
COST TO COUNTY: -0- SOURCE OF FUNDS: Proiect
Management administrative account #304 22004
REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH_ Year
poJ{.. ~
APPROVED BY: County Atty ~ Purchasing _Risk Management
DOCUMENTATION: Included ~ NotRequired_
DISPOSITION: AGENDA ITEM #
Revised
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: NA Contract #_
Effective Date:
Expiration Date:
Contract Purpose/Description:
RFQ for continuing contract for Professional services
Contract Manager: Ann Riger 4439 Project Management #1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on Agenda Deadline:
CONTRACT COSTS
Total Dollar Value of Contract: $ Current Year Portion: $ app.$900
Advertise
Budgeted? Y es~ NoD Account Codes: 304-22004-53498-_-_
Grant: $ - - - -
-----
County Match: $ - - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $Q/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Needed
Division Director YesD No
County Attorney t -31J-cJf
Comments:
OMB Form Revised 2/27/01 Mep #2
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
REQUEST FOR QUALIFICATIONS FOR
CONTINUING CONTRACT FOR
PROFESSIONAL SERVICES BY
ARCHITECTURAL/ENGINEERING FIRMS OR
INDIVIDUALS
MONROE COUNTY, FLORIDA
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BOARD OF COUNTY COMMISSIONERS
Mayor, George Neugent, District 2
Mayor Pro tern, Sylvia Murphy, District 5
Kim Wigington, District 1
Heather Carruthers, District 3
Mario DiGennaro, District 4
COUNTY ADMINISTRATOR CLERK OF THE CIRCUIT COURT
Roman Gastesi Danny L. Kolhage
JUL Y 2009
PREPARED BY:
Monroe County Project Management Department
NOTICE OF CALLING FOR QUALIFICATIONS
Request for Professional Services from Architectural/Engineering Firms and Individuals
for
Annual Continuing Contract for Architectural/Engineering Services for Small Projects
Monroe County Florida
Introduction
The Board of County Commissioners of Monroe County, Florida, hereby requests, pursuant to Sec.
287.055(2)(g), Florida Statutes, sealed letters of interest and statements of qualifications from
Architectural/Engineering firms and specialized consulting firms or individuals experienced in design, contract
documents, and project administration of small projects consisting of re-modeling, roofing, ADA compliance,
or renovations of buildings and other capital improvements, in which construction costs do not exceed
$2,000,000.00.
Interested firms or individuals are requested to indicate their interest by submitting a total of seven (7), two (2)
signed originals and five (5) complete copies of their statement of qualifications in a sealed envelope clearly
marked on the outside, with the Respondents name and "Statement of Qualifications - ANNUAL
CONTINUING CONTRACT FOR ARCHITECTURAL/ENGINEERING SERVICES, MONROE
COUNTY, FLORIDA, addressed to Monroe County Purchasing Department, 1100 Simonton Street, Room 1-
213, Key West, FL 33040, on or before 3:00 P.M. local time on _day of _,2009. If sent by mail or
by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and
address stated above. No statements of qualifications will be accepted after 3:00 P.M. Faxed or e-mailed
statements of qualifications will be automatically rejected. Qualified respondents should have appropriate State
and/or licensure in place.
Requirements for submission and the selection criteria may be requested from DemandStar by Onvia by calling
1-800-711-1712 or by going to the website www.demandstar.com or http://www.monroecountv-
f1.2ov/pa2es/msd/bids.htm The Public Record is available at the Purchasing Office, 1100 Simonton Street,
Key West, Florida.
Technical questions are to be directed, in writing, to the Director of Project Management, 1100 Simonton Street,
Key West, FL 33040, fax to (305) 295-4321, or email: Barnett-Jerry@monroecounty-fl.gov.
The BOCC reserves the right to reject any or all proposals, to waive informalities in the proposals and to re-
advertise for proposals. The BOCC also reserves the right to award and/or negotiate a contract in the best
interest of Monroe County.
Interested firms or individuals will be evaluated and selected under the competitive selection procedure of
Florida Statute 287.055. In accordance with Florida Statute 287.055(4) (b), please do not submit proposals for
compensation.
Dated at Key West, this _day of. ,2009
Monroe County Purchasing Department
REQUEST FOR PROFESSIONAL SERVICES
REQUIREMENTS FOR SUBMISSION
Pursuant to Section 287.055(2)(g), Florida Statutes, notice is hereby given that the Board of County
Commissioners of Monroe County is accepting statements of qualifications from Architectural/Engineering
firms or individuals experienced in design, contract documents, and project administration of government
office facilities.
The submittal must be accompanied by the firm's detailed statement of qualifications and current USGSA
Standard Form 330, which can be downloaded from the General Services Administration website at
www.GSA.gov, and any additional information which addresses the presentation of the firm's
qualifications. Qualified firms should have the appropriate licensure from the State and/or County in place.
The areas of consideration for selecting the most qualified firm for the project include but are not limited to:
. Recent experience of individuals and firm on similar scope and size projects, projects will be
limited to construction costs which do not exceed $1 Million
. Organization
. Schedule and availability
. Past performance record
. Office location
. Monroe County experience
. Project approach and methodology
Only those firms or individuals submitting statements of qualifications that meet the requirements herein
specified will be considered regardless of past contacts with Monroe County, or other agencies.
Following the receipt of the RFQs, a committee will meet in a noticed public meeting to review the RFQs
The committee will rank the submittals in order of preference and make a recommendation to the County
Commission to negotiate a contract with the preferred person/firm. Should the County Commission so
direct, and a mutually satisfactory agreement cannot be reached between staff and the first recommended
person/firm, then staff will negotiate with the next preferred person/firm and so forth. When staff has
agreed with the person/firm upon a mutually satisfactory contract, the contract will be brought before the
County Commission for final approval. No binding contract is created between any person/firm and the
County until a contract is approved by the County Commission.
Monroe County reserves the right in its sole discretion to reject any or all proposals, to waive irregularities
and informalities in any or all proposals, and to re-advertise for qualifications.
Interested firms or individuals will be evaluated and selected under the competitive selection procedure of
Florida Statute 287.055. In accordance with Florida Statute 287.055(4) (b), please do not submit proposals
for compensation.
Requirements for submission may be requested from DemandStar by Onvia by calling 1-800-711-1712 or
by going to the website www.demandstar.com or httv://www.monroecounty-fl.2.ov/pa2.es/msd/bids.htm.
Technical questions should be directed, in writing, to Director of Project Management, 1100 Simonton
Street, Key West, FL 33040, fax to (305) 295-4321, or email: Bamett-Jerrv@monroecounty-fl.gov. . All
answers will be by written addenda.
Interested firms or individuals are requested to indicate their interest by submitting a total of seven (7), two
(2) signed originals and five (5) complete copies of their statement of qualifications in a sealed envelope
clearly marked on the outside, with the Respondents name and "Statement of Qualifications - ANNUAL
CONTINUING CONTRACT FOR ARCHITECTURAL/ENGINEERING SERVICES, MONROE
COUNTY, FLORIDA" addressed to Monroe County Purchasing Department, 1100 Simonton Street,
Room 1-213, Key West, FL 33040, on or before 3:00 P.M. local time on day of _, 2009. If
forwarded by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope
addressed to the entity and address stated above. No statements of qualifications will be accepted
after 3:00 P.M. Faxed or e-mailed statements of qualifications will also be automatically rejected.
Monroe County's performance and obligation to pay under this contract is contingent upon an annual
appropriation by the Board of County Commissioners.
All submissions must remain valid for a period of ninety (90) days from the date of the deadline for
submission stated above. The Board will automatically reject the response of any person or affiliate who
appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under
Sec. 287. 133(3)(d), Florida Statute (1989). Monroe County declares that all or portions of the documents
and work papers and other forms of deliverables pursuant to this request shall be subject to reuse by the
County.
The Respondent shall obtain insurance as specified in these Requirements for Submission and maintain the
required insurance at all times that this Contract is in effect. Professional Services Liability Insurance shall
also be maintained for a period to cover all statutes of limitations. In the event the completion of the work
(including the work of others) is delayed or suspended as a result of the Respondent's failure to purchase or
maintain the required insurance, the Respondent shall indemnify the County from any and all increased
expenses resulting from such delay.
A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a proposal on a contract to provide any goods or services to a public entity,
may not submit on a contract with a public entity for the construction or repair of a public building or public
work, may not submit proposals on leases of real property to public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may
not transact business with any public entity in excess of the threshold amount provided in Section 287.017
of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being place on
the convicted vendor list.
Dated at Key West, this day of _, 2009
Monroe County Purchasing Department
TABLE OF CONTENTS
NOTICE OF CALLING FOR PROPOSALS
SECTION ONE - Instruction to Respondents
SECTION TWO - General Terms and Conditions
SECTION THREE - Terms and Conditions Specific to Request for
Professional Services by Architectural/Engineering
Firms or Individuals
SECTION FOUR - Draft Contract
SECTION FIVE - Insurance Requirements
SECTION SIX - County Response Forms
SECTION ONE
INSTRUCTION TO RESPONDENTS
1.01 DESCRIPTION
The Respondent awarded a contract shall provide Architectural Services for the Annual
Continuing Contract For Architectural/Engineering Services, for Monroe County. The
contract will provide for the planning, design, contract documents, project administration
and coordination.
Professional services shall include, but not be limited to: Preparation and completion of
the design program for space requirements and relationships, schematic design, design
development, preparation of contract documents for bidding, scope of work, tabulations
and review of bids, recommendation of contract award, cost estimating during design
and document preparation, administration of contract documents, consultation and on site
inspections during construction, process shop drawings, recommend approval of
contractor invoices, preparation and submittal of permit applications, zoning applications
and presentations to the County Commission. All projects shall have construction costs,
which do not exceed $2 million.
1.02 COPIES OF RFQ DOCUMENTS
A. Only complete sets of RFQ Documents will be issued and shall be used in
preparing responses. The County does not assume any responsibility for
errors or misinterpretations resulting from the use of incomplete sets.
B. Complete sets of RFQ Documents may be obtained in the manner and at
the location stated in the Notice of Calling for Qualifications.
1.03 STATEMENT OF QUALIFICATIONS REQUIREMENTS
Two (2) original response, marked "Original" and five (5) copies marked "Copy"
[seven (7) complete packages] of the proposal setting forth qualifications must be
received.
1.04 DISQUALIFICATION OF RESPONDENT
The following forms shall be submitted along with the response to RFQ, and signatures
shall be current and all forms shall be dated within thirty (30) days of the date of
submission as described in Section 1.09B herein.
A. NON-COLLUSION AFFIDAVIT: Any person submitting a Statement of
Qualification in response to this invitation must execute the enclosed
NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists
among the Respondents, the proposals of all participants in such collusion
1
shall be rejected, and no participants in such collusion will be considered
in future proposals for the same work.
B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on
the convicted vendor list following a conviction for a public entity crime
may not submit a bid or proposal on a contract to provide any goods or
services to a public entity, may not submit a bid or proposal on a contract
with a public entity for the construction or repair of a public building or
public work, may not submit bids or proposals on leases or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with
any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list. Category Two: $25,000.00
C. DRUG-FREE WORKPLACE FORM: Any person submitting a Statement
of Qualification in response to this invitation must execute the enclosed
DRUG-FREE WORKPLACE FORM and submit it with his Statement of
Qualification Failure to complete this form in every detail and submit it
with your bid or proposal may result in immediate disqualification of your
bid or proposal.
D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person
submitting a Statement of Qualification in response to this invitation must
execute the enclosed LOBBYING AND CONFLICT OF INTEREST
CLAUSE and submit it with his Statement of Qualification. Failure to
complete this form in every detail and submit it with the Statement of
Qualification may result in immediate disqualification of the bid or
proposal.
1.05 EXAMINATION OF RFQ DOCUMENTS
A. Each Respondent shall carefully examine the RFQ and other contract
documents, and inform himself thoroughly regarding any and all
conditions and requirements that may in any manner affect cost, progress,
or performance of the work to be performed under the contract. Ignorance
on the part of the Respondent will in no way relieve him of the
obligations and responsibilities assumed under the contract.
B. Should a Respondent find discrepancies or ambiguities in, or omissions
from, the specifications, or should he be in doubt as to their meaning, he
shall at once notify the COUNTY.
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1.06 INTERPRET A TIONS, CLARIFICATIONS, AND ADDENDA
No oral interpretations will be made to any RespondenUBidder as to the meaning of the
contract documents. Any written inquiry or request for interpretation received ten (10) or
more days prior to the date fixed for opening of responses will be given consideration.
All such changes or interpretation will be made in writing in the form of an addendum
and, if issued, will be furnished to all known prospective Respondents prior to the
established proposal opening date on the website www.demandstar.com or
http://www.monroecountv-fl.2ov/pa2es/msd/bids.htm. Each Respondent shall
acknowledge receipt of such addenda in the space provided therefore in the bid form. In
case any Respondent fails to acknowledge receipt of such addenda or addendum, his
response will nevertheless be construed as though it had been received and acknowledged
and the submission of his response will constitute acknowledgment of the receipt of
same. All addenda are a part of the contract documents and each Respondent will be
bound by such addenda, whether or not received by him. It is the responsibility of each
Respondent to verify that he has received all addenda issued before responses are opened.
1.07 GOVERNING LAWS AND REGULATIONS
The Respondent is required to be familiar with and shall be responsible for complying
with all federal, state, and local laws, ordinances, rules, and regulations that in any
manner affect the work. Knowledge of occupational license requirements and obtaining
such licenses for Monroe County and municipalities within Monroe County are the
responsibility of the Respondent. Respondent will not be compensated under the contract
for changes necessitated by noncompliance with all federal, state, and local laws,
ordinances, rules, and regulations that in any manner affect the work.
1.08 PREPARATION OF RESPONSES
Signature of the Respondent: The Respondent must sign the response forms in the space
provided for the signature, signatures shall be current and all forms shall be dated within
thirty (30) days of the date of submission as described in Section 1.09B herein. If the
Respondent is an individual, the words "doing business as ", or "Sole
Owner" must appear beneath such signature. In the case of a partnership, the signature of
at least one of the partners must follow the firm name and the words "Member of the
Firm" should be written beneath such signature. If the Respondent is a corporation, the
title of the officer signing the Response on behalf of the corporation must be stated along
with the Corporation Seal Stamp and evidence of his authority to sign the Response must
be submitted. The Respondent shall state in the response the name and address of each
person having an interest in the submitting entity.
1.09 SUBMISSION OF RESPONSES
A. Two (2) signed originals and five (5) copies of each response shall be
submitted.
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B. The response shall be submitted in a sealed envelope clearly marked on the
outside, with the Respondents name and" "Request for Qualifications for
Continuing Contract for Professional Services by
Architectural/Engineering Firms or Individuals", addressed to the entity
and address stated in the Notice of Request for Qualifications, on or before
3:00 P.M. local time on_day of , 2009. If forwarded by mail or
courier, the above-mentioned envelope shall be enclosed in another
envelope addressed to the entity and address stated in the Notice of Calling
for Qualifications. Faxed or e-mailed statements of qualifications shall be
automatically rejected. Responses will be received until the date and hour
stated in the Notice of Calling for Qualifications.
C. Each Respondent shall submit with his Response the required evidence of
his qualifications and experience.
1.10 CONTENT OF SUBMISSION
The proposal submitted in response to this Request for Qualifications (RFQ) shall be
typed on 8-112" x 11" white paper and bound; shall be clear and concise and provide the
information requested herein. Statements submitted without the required information
will not be considered. Responses shall be organized and sections tabbed. The
Respondent should not withhold any information from the written response in
anticipation of presenting the information orally or in a demonstration, since oral
presentations or demonstrations may not be solicited. Each Respondent must submit
adequate documentation to certify the Respondent's compliance with the County's
requirements. Respondent should focus specifically on the information requested.
Additional information, unless specifically relevant, may distract rather than add to the
Respondent's overall evaluation.
The following information, at a minimum, shall be included in the Submittal:
A. Cover Pa2e
A cover page that states "Statement of Qualifications - Request for
Qualifications for Continuing Contract for Professional Services by
Architectural/Engineering Firms or Individuals." The cover page should
contain Respondent's name, address, telephone number, and the name of the
Respondent's contact person.
B. Tabbed Sections
Tab 1. Executive Summary
The Respondent shall provide a history of the firm or organization, and particularly
include projects that are similar in nature to the "Request for Qualifications for
4
Continuing Contract for Professional Services by Architectural/Engineering
Firms or Individuals..
Tab 2. Relevant Experience
The Respondent shall provide a project history of the firm or organization
demonstrating experience with projects that are similar in scope and size to the
proposed Project.
Tab 3. References and Past Performance on Similar Projects
Each Respondent shall provide a list of past projects and at least two (2) written
references of a Florida local government or other governmental entities for which
the Respondent has provided the same or similar services during the past three (3)
years. Each reference shall include, at a minimum:
Name and full address of referenced project and organization
Name and telephone number of Contact person for contract
Telephone number(s)
Date of initiation and completion of contract for referenced project
Brief summary of the project and services comparing the referenced
services to these proposed services
List of ongoing and pending projects and anticipated date of completion
Tab 4. Services
Respondent shall provide a listing of the architectural services, with specific
descriptions that will be offered under the agreement.
Tab 5. Technology
Respondent shall describe its use of technology in the office, in the field. List any
specific hardware and software currently in use or planned for this contract.
Tab 6. Staffing for this Project & Qualifications of Key Personnel
The Respondent shall describe the composition and structure of the firm (sole
proprietorship, corporation, partnership, joint venture) and include names of
persons with an interest in the firm.
The Respondent shall include a list of the proposed staff that will perform the
work required if awarded this contract. An organizational chart and management
plan should be included in this section. The Respondent shall also include a
resume for each member of the project team identifying hislher role on the team
and any qualifications relevant to the assigned position. Include in this section the
location of the main office and the location of the office proposed to work on this
project.
5
Tab 7. Pending Litigation
The Respondent shall describe any past or pending litigation in which the
Respondent/Bidder is involved as a result of provision of any services which are
described herein and indicate whether a plaintiff or defendant. In all cases
Respondent shall give the name, current address, telephone number of the other
party, the venue of the litigation and the full case number, with any other
information which would enable the County to verify the litigation.
Tab 8. County forms
Respondent shall complete and execute the forms specified below and found at
the designated pages in this RFQ, signatures shall be current on all forms, dated
within thirty (30) days of the date of submission as described in Section 1.09B
herein, and Respondent shall include them in the section tabbed 8:
Form Pa2;e
Response Form 45
Lobbying and Conflict of Interest Clause 46
Drug Free Workplace Form 47
Non-Collusion Affidavit 48
Respondent's Insurance and
Indemnification Statement 49
Insurance Agent's Statement 50
Respondent shall produce evidence of proper licensing to perform the services
described herein. Copies of all professional and occupational licenses shall be
included in this section.
Tab 9. Other Information
Provide any additional information, which will present evaluators with insight
about the qualifications, fitness and abilities of Respondent.
1.11 MODIFICATION OF RESPONSES
Written modification will be accepted from Respondent if addressed to the entity
and address indicated in the Notice of Calling for Qualifications and received prior
to bid due date and time.
A Respondent may modify his response by written communication at any time prior
to the scheduled closing time for receipt of responses, provided such communication
is received prior to the closing time, and provided further, the COUNTY is satisfied
that a written confirmation of the modification over the signature of the Respondent
was mailed prior to the closing time. The communication should provide the
6
addition or subtraction or other modification. If written confirmation is not received
within two (2) days from the closing time, no consideration will be given to the
modification.
1.12 RESPONSIBILITY FOR RESPONSE
The Respondent is solely responsible for all costs of preparing and submitting the
response, regardless of whether a contract award is made by the County.
1.13 RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened and read
aloud at the appointed time and place stated in the Notice of Calling for Qualifications.
Monroe County's representative authorized to open the responses will decide when the
specified time has arrived and no responses received thereafter will be considered. No
responsibility will be attached to anyone for the premature opening of a response not
properly addressed and identified. Respondent or their authorized agents are invited to be
present.
1.14 DETERMINATION OF SUCCESSFUL RESPONDENT
The COUNTY reserves the right to reject any and all responses and to waive technical
errors and irregularities as may be deemed best for the interests of the COUNTY.
Responses which contain modifications are incomplete, unbalanced, conditional, obscure,
or which contain additions not requested or irregularities of any kind, or which do not
comply in every respect with the Instructions to Respondent and the contract documents,
may be rejected at the option of the COUNTY.
A. Areas of consideration for selecting the most qualified firm or individual
include but are not limited to:
1. Recent experience on similar projects
2. Organization
3. Schedule and availability
4. Past Performance record
5. Office location
6. Monroe County experience
7. Project approach.
B. Each TAB section will be given points used to score and evaluate firms and
individuals. The point structure is as follows:
CRITERIA MAXIMUM POINTS
TAB 1 15
TAB 2 20
7
TAB 3 10
TAB 4 5
TAB 5 15
TAB 6 10
TAB 7 10
TAB 8 10
TAB 9 5
TOTAL 100
1.14 AWARD OF CONTRACT
A. The COUNTY reserves the right to award separate contracts for each
service area and to waive any informality in any response, or to re-
advertise for all or part of the work contemplated. If responses are found
to be acceptable by the COUNTY, written notice will be given to the
selected_Respondent(s) ofthe award of the contract(s).
B. If the award of a contract is annulled, the COUNTY may award the
contract to another Respondent or the work may be re-advertised or may
be performed by other qualified personnel as the COUNTY decides.
C. A contract will be awarded to the Respondent deemed to provide the
services, which are in the best interest of the COUNTY.
D. The COUNTY also reserves the right to reject the response of a
Respondent who has previously failed to perform properly or to complete
contracts of a similar nature on time.
E. All responses, including the recommendations of the County
Administrator, will be presented to the Board of County Commissioners of
Monroe County, Florida, for final awarding or otherwise.
1.15 EXECUTION OF CONTRACT
The RESPONDENT to whom a contract is awarded will be required to return to the
County four (4) executed counterparts of the prescribed contract together with the
required certificates of insurance.
1.16 CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS
The Respondent shall be responsible for all necessary insurance coverage as indicated
below. Certificates of Insurance must be provided to Monroe County fifteen (15) days
prior to the submission of the contract to the Board Of County Commissioners for the
award of contract, with the Monroe County Board Of County Commissioners listed as
additional insured as indicated. No contract shall be awarded until Monroe County has
8
received proof of insurance and that Monroe County Board of County Commissioners is
listed as the additional insured. If the proper insurance forms are not received within the
fifteen (15) day period, the contract may be awarded to the next selected Respondent.
Policies shall be written by companies licensed to do business in the State of Florida and
having an agent for service of process in the State of Florida. Companies shall have an
A.M. Best rating of VI or better.
Worker's Compensation Statutory Limits
Employers' Liability Insurance $1,000,000 Accident
$1,000,000 Disease, policy limits
$1,000,000 Disease each employee
General Liability, including $5,000,000 Combined Single Limit
Premises Operation
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
Vehicle Liability $1,000,000 per Occurrence
(Owned, non-owned and hired vehicles) $1,000,000 Combined Single Limit
Professional Liability $1,000,000 per Occurrence
$2,000,000 Aggregate
Monroe County shall be named as an Additional Insured on the General Liability and
Vehicle Liability policies. Changes to insurance may be required depending on the
project for which a professional is selected.
1.17 INDEMNIFICATION
The Architect/Engineer and any its agents or anyone for whose act or acts any of them
may be liable in the performance of the services under this Agreement shall indemnify
and hold harmless Monroe County, its agents, employees, elected officials and
representatives from liabilities, damages, losses and costs, including, but not limited to
reasonable attorney fees, to the extent caused by the negligence, recklessness, or
intentional wrongful misconduct of the indemnifying party and persons employed or
utilized by the indemnifying party in the performance of this Agreement. The
Architect/Engineer further shall indemnify and hold the county, its successors and assigns
harmless from and against any and all claims, actions, causes of action, and judgments
made or filed against the county for all losses, penalties, damages or professional fees
arising out of Architect/Engineer's negligent performance of the work (including
obtainment of all license fees and royalties) or the negligent performance of work by the
Architect/Engineer Professionals, Sub consultants, Subcontractors, agents or employees,
or by any of the respective officers, agents or employees of Architect/Engineer
Professionals, Subconsultants, Subcontractors or anyone directly employed by any of
9
them. The Architect/Engineer's obligation under this provision shall not be limited in any
way by the contract price, or by Architect/Engineer Professionals', Subconsultants',
Subcontractors' limit of, or lack of, sufficient insurance.. The first ten dollars ($10.00)
of remuneration paid to the Architect/Engineer is for the indemnification provided for
above. This Article shall survive termination of this Agreement and shall continue in full
force and effect so long as the possibility of any liability, claim or loss exists, unless
otherwise prohibited by law.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the Architect's failure to purchase or maintain the required
insurance, the Architect shall indemnify the County from any and all increased expenses
resulting from such delay. Should any claims be asserted against the County by virtue of
any deficiency or ambiguity in the plans and specifications provided by the Architect, the
/ Architect agrees and warrants that Architect shall hold the County harmless and shall
indemnify it from all losses occurring thereby and shall further defend any claim or
action on the County's behalf.
The extent ofliability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the contract.
10
SECTION TWO
GENERAL TERMS AND CONDITIONS
2.01 DEFINITIONS
Wherever used in these General Conditions or in the other contract documents the terms
below have the meanings indicated which are applicable to both the singular and plural
thereof. The use of the terms "he," "him," "himself," or "his" shall refer to male and
female persons alike and should not be construed as derogatory or discriminatory to
female persons.
Addenda - Written or graphic instruments issued prior to the opening of
submissions-which clarifY, correct, or change the bidding documents or the
contract documents.
Architect -The person, firm, or corporation with whom the County has entered
into the agreement.
Bidding Documents - The advertisement or invitation calling for qualifications,
instructions, and forms contained in this Request for Qualifications JResponse
Form, Non-Collusion Affidavit, Lobbying and Conflict of Interest Clause, Drug
Free Workplace, Respondent's Insurance and Indemnification Statement, and
Insurance Agent's Statement) and the proposed contract documents (including all
addenda issued prior to receipt of responses).
Contract Documents - The bid documents, agreement, addenda (which pertain
to the contract documents), the Architect's proposal or response (including
documentation accompanying the response and any post-response documentation
submitted prior to the notice of award) when attached as an exhibit to the
agreement, these General Conditions, together with all amendments,
modifications, and supplements.
Contract Price - The moneys payable by the County to the Architect under the
contract documents as stated in the agreement.
Effective Date of the Agreement - The date indicated in the agreement on which
it becomes effective, but if no such date is indicated, it means the date on which
the agreement is signed and delivered by the last of the two parties to sign and
deliver.
Laws or Regulations - Laws, rules, regulations, ordinances, codes and/or orders.
Notice of Award - The written notice to the apparent successful Respondent
stating that upon compliance by the apparent successful Respondent with the
11
conditions precedent enumerated therein, within the time specified, the County
will sign and deliver the agreement.
Owner - The Monroe County Board of Commissioners with whom the Architect
has entered into the agreement and for whom the work is to be provided.
Specifications - Those portions of the contract documents consisting of written
technical descriptions of materials and services required under the contract.
Written Amendment - A written amendment of the contract documents, signed
by the County and the Architect on or after the effective date of the agreement.
2.02 Architect's Responsibilities
2.02.1 Supervision and Personnel
The Architect shall supervise and direct the work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to
perform the work in accordance with the contract documents.
2.02.2 Parts, Materials, and Equipment
Unless otherwise specified in the contract, the Architect shall furnish and assume full
responsibility for all services, materials, equipment, labor, transportation, machinery,
tools, and all other incidentals necessary for the completion of the work.
2.02.3 Records
Architect shall be required to maintain records pertaining to the contract for five (5)
years after the termination of the contract.
2.02.4 Taxes
The Architect shall pay all sales, consumer, use, and other similar taxes required to be
paid by the Architect in accordance with the laws and regulations of the place of the
project which are applicable during the performance of the work.
2.02.5 Compliance with Laws
The Architect shall comply with all applicable laws and regulations of federal, state and
local governments.
12
SECTION THREE
SPECIFIC CONDITIONS
RE: CONTRACT FOR ARCHITECTURAL/ENGINEERING SERVICES
Professional services shall include, but not be limited to: Preparation and completion of
the design program for space requirements and relationships, schematic design, design
development, preparation of contract documents for bidding, scope of work, tabulations
and review of bids, recommendation of contract award, cost estimating during design
and document preparation, administration of contract documents, consultation and on site
inspections during construction, process shop drawings, recommend approval of
contractor invoices, preparation and submittal of permit applications, zoning applications
and presentations to the County Commission. The contract awarded under this RFQ will
be a continuing contract under F.S.287.055(2)(g).
13
SECTION FOUR
DRAFT CONTRACT
A sample contract is included for information of the bidders. The contract may be ch
reflect the needs of the County for a particular project under the continuing contract.
Contract For
Professional Services
Between Owner and ArchitectJE
ese services shall it lu e. bu not be limited to: Preparation and completion of the
des! program or sp e 'eqm ments and relationships, schematic design, design
develop n , prepa tion f ract documents for bids, preparation and advertisement
for Request 'l! , tabu ation and review of bids, recommendation of contract awards,
cost esti! . Hug during esign and document preparation, administration of contract
documents, !~. on and on-site inspections during construction, review and
recommend approval of contractor invoices, preparation and submittal of permit
applications, zoning applications, public presentations and presentations to the County
Commission. Architect shall arrange his schedule in order to be available to perform the
listed services for one or for several projects if requested by Monroe County and with the
understanding that for any individual project the construction costs will not the limits
under F.S. 287.055 (2)(g).
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the sufficiency
of which hereby acknowledged, the Owner and the Architect/Engineer agree:
14
FORM OF AGREEMENT
ARTICLE 1
1.1
.1.5 Th Architect/Engineer assumes full responsibility to the extent allowed by law
WI ards to his performance and those directly under his employ as
ArchitecUEngineer of Record.
1.1.6 The Architect/Engineer's services shall be performed as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work. The
Architect/Engineer shall submit, for the Owner's and Monroe County's Project
Management Department r's information, a schedule for the performance of the
ArchitecUEngineer's services which may be adjusted as the Project proceeds if approved
by the Owner, and shall include allowances for periods of time required for the Owner's
and Monroe County's Project Management Department's review, and for approval of
submission by authorities having jurisdiction over the Project. Time limits established by
this schedule and approved by the Owner may not be exceeded by the ArchitecUEngineer
except for delay caused by events not within the control of the Architect/Engineer or
foreseeable by him. In the event the ArchitecUEngineer does not conform to the
schedule, then the Architect/Engineer may be assessed a charge up to one percent (1 %) of
the fee per week until the work product is produced in an acceptable manner. The
15
penalty shall apply only to the completion of documents required for bidding, said date
being met with the delivery of one final set to the Owner. The Owner shall assess the
charge only after it is determined that the work is solely the fault ofthe
Architect/Engineer and his subconsultants and is not the fault of the owner or other
parties not under the control of the Architect/Engineer.
ARTICLE II
SCOPE OF ARCHITECT/ENGINEER'S BASIC SERVICE
2.1 DEFINITION
2.1.1 Architect/Engineer's Basic Services consist of those described in agrap
through 2.8, and other services identified as part of Basic Services, and incl
civil, structural, mechanical, and electrical engineering services.
2.2
nee shall review with the Owner and Monroe County's
ent alternative approaches to design and construction of the
2.2.4 00 on mutually agreed-upon program, schedule and construction budget
requirements, the Architect/Engineer shall prepare, for approval by the Owner, Schematic
Design Documents consisting of drawings and other documents illustrating the scale and
relationship of Project components.
16
2.2.5 At levels of completion of25%, 50% and 75% of the Schematic Design Phase,
the Architect/Engineer shall provide schematic design studies for the Owner's review and
the Monroe County's Project Management Department's information.
2.2.6 Upon completion of the Schematic Design Phase, the Architect/Engineer shall
provide drawings, outline specifications, estimate of anticipated cost in accordance with
the schematic designs, and other documents for the Owner's approval and the Monroe
County's Project Management Department's information.
2.2.7 The Schematic Design must be approved in writing, by the Owner prio
Architect/Engineer continuing to the Design Development Phase.
2.3 SCHEMATIC DESIGN PHASE REQUIREMENTS
The Architect/Engineer shall per
a.
Desi Documentation services during the Schematic Design
isting of consideration of alternate systems, recommendations
r a Hn asic electrical materials, systems and equipment, analyses, and
d el pment of conceptual design solutions for: power service and
d" stribution, lighting, telephones, fire detection and alarms, security
ystems, electronic communications, special electrical systems, and
general space requirements.
d. Civil Design/Documentation services during the Schematic Design Phase
consisting of consideration of alternate materials and systems and
17
development of conceptual d
off-site utilities work, fire pr
treatment, and paving.
Upon ompletion of the Design Development Phase, the Architect/Engineer shall
e rawi gs, outline specifications and other documents for the Owner's approval
nd t oe County's Project Management Department's information. The
Archi ect/Engineer shall provide an estimate of anticipated costs in accordance with the
desi development phase.
2.4.4 The Design Development Documents must be approved in writing, by the Owner
prior to Architect/Engineer continuing to the Construction Documents Phase.
2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS
To satisfactorily perform the design development phase requirement, the
Architect/Engineer must complete the tasks set forth in paragraphs 2.5.1 - 2.5.13.
2.5.1 Floor Plans - This consists of general plans, overall coordinating plans, and plan
enlargements for important and special areas. Data required:
a. Building perimeter (footprint) and exterior wall type, thickness and
composition fixed
b. Structural grid or system
c. Major mechanical/electrical systems determined and their
requirements reflected and indicated on plans
d. Indicate buildings core - elevators, stairs, etc.
e. All internal partitions of appropriate thickness indicated
f. Floor, slab, and level elevations
18
g. Typical door types
h. Typical partition types
1. Built-in furniture items - special furniture and equipment (early
clarification of what is "NIC" and "by owner")
J. Larger scale (e.g., ~ "). Key areas, lobby, entries, public plaza, major
corridors, special spaces, etc. Required: All surfaces (floor, wall, and
ceiling treatments), furniture indication, and layout.
k. Evacuation routes identified (to include locating necessary posting of
evacuation route plans).
2.5.2 General Elevations
a. Total full-height facades including roof structures
b. All fenestration
c. Overall vertical building and floor heights
d. Indicate cross-reference points with sections
e. Indicate setbacks, building profiles, expansion joints,
f. Indicate treatment of visible mechanical equipment
g. System impact (precast concrete, stone, panel systems, mal/glass cu
wall, etc.) properly selected by adequate eh ical investigaf n.
2.5.3 Sections
a.
b.
c.
d.
Ired. Indicate key conditions.
19
2.5.5 Interior Elevations - Typical and special spaces, interfaced with, and cross-
referenced to, floor and reflected ceiling plans. Indicate:
a. Breaks
b. Level changes
c. Pertinent vertical dimensions.
2.5.6 Reflected Ceiling Plans - Typical and special space. Integrated plans reflecting
structural, mechanical, and electrical impacts. Plans to indicate:
a. Lighting layouts
b. Soffits, coves, furrings
c. Skylight locations
d. Ceiling materials
e. Acoustic treatments
f. Heating and ventilating register, diffuser locations
g. Sprinklers
h. Access panels
2.5.7 Schedules - Schedules to be non-repetitive an
keying to floor plans and elevations.
a. Interior finishes
b. Doors and frames
c. Preliminary har a
d. Windows/gla mg
2.5.8
lobby, floors at grade, and
20
f. Final column schedule
g. Preliminary details and sections to adequately indicate st dural s stem
h. Preliminary details of major unique conditions that i act on s
determined by the Architect/Engineer)
1. Details indicating accommodation with mechanicalle
major interface
J. Design development specifications
k. Any necessary recommended adjust
construction cost.
a.
b.
1. Integrated diagrammatic lighting plans indicating all overhead
mechanical and electrical equipment for typical floor and special
spaces
2. Cuts and explanatory information for interior visual items such as:
louvers, registers, heating/cooling units, and cabinets.
3. Exterior louver requirements and proposed locations.
2.5.12 Site Design Development Set
a. Building location plan--building tied down dimensionally with pertinent
adjacencies, street lines and grades, property lines, required setbacks,
easements, rights of way, manholes, sewers, hydrants, light standards, etc.,
interfaced with survey.
21
V
b.
c.
d.
e.
f.
g.
h.
he above list of drawings represents, in general, the requirements
CO STRUCTION DOCUMENTS PHASE
2.6.1 Based on the approved Design Development Documents and any further
adjustments authorized by the Owner in the scope or quality of the Project or in the
construction budget, the Architect/Engineer shall prepare, for approval by the Owner and
Monroe County's Project Management Department, Construction Documents consisting
of Drawings and Specifications setting forth in detail the requirements for the
construction of the project.
2.6.2 The Architect/Engineer shall provide Drawings and Specifications for the
Owner's and the Monroe County's Project Management Department's review.
2.6.3 Upon completion of the Construction Documents Phase, the Architect/Engineer
shall provide Construction Documents for the Owner's and Monroe County's Project
Management Department's approval. Once approved the Architect/Engineer shall
provide the Owner with seven (7) complete signed and sealed sets of construction
drawings and four (4) hard copies of the technical specifications and one copy of the
drawings and the technical specifications saved electronically in Adobe Acrobat file
(.PDF) format. Any and all files used to create the technical specifications need to be
submitted saved as an Adobe Acrobat file (.PDF) format, including but not limited to;
technical sections, reports such as, asbestos, geotechnical, soils, paint, and photographs.
22
The Architect/Engineer shall provide an estimate of anticipated costs in accordance with
the construction development phase.
2.6.4 The Architect/Engineer shall assist the Owner and Monroe County's Project
Management Department in the preparation of the necessary bidding information,
bidding forms, the Conditions of Contracts, and the forms of Agreement between the
Owner and the Contractors.
2.6.5 The Architect/Engineer's construction documents (plans, specifications, etc.) will
conform to all written codes and regulations of the federal government, county, state,
municipalities, agencies and state departments, in effect at the date of this Agreement,
and shall be of such completion as to receive all permits when applied for. If permits are
denied, then the Architect/Engineer will conform the construction documents in such
manner to receive permits upon such plans. Work required from the Architect/Engineer
to conform the documents to federal, state, city, county, or agency specifications and
permit requirements to allow them to be approved shall be completed at no charge or cost
to the Owner.
2.7 BIDDING OR NEGOTIATION PHASE
2.7.1 The Architect/Engineer, following the Owner's approval of the Construction
Documents and the Architect/Engineer's latest estimate of Construction Cost, shall assist
the Monroe County's Project Management Department in obtaining bids or negotiated
proposals and assist in preparing contracts for construction.
2.7.2 The Architect/Engineer shall assist the Monroe County's Project Management
Department in issuing bidding documents to bidders and conducting pre-bid conferences
with prospective bidders. The Architect/Engineer, with the assistance of the Monroe
County's Project Management Department, shall respond to questions from bidders, and
shall issue addenda.
2.7.3 The Architect/Engineer shall, on behalf of the Owner, file all necessary
documents required to secure all permits. Assistance with securing a development
approval will be in the form of providing schematic drawings.
2.8 CONSTRUCTION PHASE - ADMINISTRATION OF THE
CONSTRUCTION CONTRACT
2.8.1. The Architect/Engineer's responsibility to provide Basic Services for the
Construction Phase under this Agreement commences with the award of the Contract for
construction and terminates with the issuance to the Owner of the final Project Certificate
for Payment including the submission of all project close-out documents by the
Architect/Engineer and Contractor. The Architect/Engineer will administer the
Owner/Contractor contract as provided for in that document. The Architect/Engineer
agrees to perform a project check prior to the end of the warranty period as a part of the
23
contract. The check shall not exceed one working day unless addition
by the Owner.
2.8.2 The Architect/Engineer shall at all times have access
in preparation or progress.
2. . The Arch' ect/Engineer shall carefully inspect the work of the Contractor and
shall, a . . um, inspect work at the Project site once every week. The purpose of
such inspections shall be to determine the quality and quantity of the work in comparison
with the requirements of the Construction Contract. In making such inspections, the
Architect/Engineer shall protect the Owner from continuing deficient or defective work,
from continuing unexcused delays in the schedule and from overpayment to the
Contractor. Following each inspection, the Architect/Engineer shall submit a written
report of such inspection, together with any appropriate comments or recommendations
to the Owner.
2.8.6 The Architect/Engineer shall initially approve periodic and final payments owed
to the Contractor under the Construction Contract predicated upon inspections of the
work and evaluations of the Contractor's rate of progress in light of the remaining
contract time and shall issue to the Owner Approvals of Payment in such amounts. By
issuing an Approval of Payment to the Owner, the Architect/Engineer reliably informs
the Owner that the Architect/Engineer has made the inspection of the work required, and
that the work for which payment is approved has reached the quantities or percentages of
24
completion shown, or both, that the quality of the Contractor's work meets or exceeds the
requirements of the Construction Contract, and that under the terms and conditions of the
Construction Contract, the Owner is obligated to make payment to the Contractor of the
amount approved.
2.8.7 The issuance of a Certificate for Payment shall not be a representation that the
Architect/Engineer has (1) made exhaustive or continuous on-site inspections to check
the quality or quantity of the Work; (2) reviewed construction means, methods,
techniques, sequences or procedures; (3) reviewed copies of requisitions received from
Subcontractors and material suppliers and other data requested by the Owner to
substantiate the Contractor's right to payment or; (4) ascertained how or for what purpose
the Contractor has used money previously paid on account of the Contract Sum.
2.8.8 The Architect/Engineer shall have authority, after notification to the Monroe
County's Project Management Department to reject Work, which does not conform to the
Contract Documents. Whenever the Architect/Engineer considers it necessary or
advisable for implementation of the intent of the Contract Documents the
Architect/Engineer will have authority, upon written authorization from the Owner, to
require additional inspection or testing ofthe Work in accordance with the provisions
the Contract Documents, whether or not such Work is fabricated, installed or camp' ed.
25
2.8.10 The Architect/Engineer shall review and sign or take other appropriate action on
Change Orders and Construction Change Directives prepared by the Monroe County's
Project Management Department for the Owner's approval and execution in accordance
with the Contract Documents. Architect/Engineer to take appropriate action within 7
calendar days.
2.8.11 The Architect/Engineer shall promptly provide appropriate interpretations as
necessary for the proper execution of the work as long as there is no change in Contract
pnce.
2.8.12 The Architect/Engineer shall require inspection or re-inspection and testing or
retesting of the work, to include architectural/engineering, structural, mechanical and
electrical engineering portions of the work, in accordance with the provisions of the
Construction Contract whenever appropriate.
2.8.14 The Architect/Engineer sh I in
Te Ar hit t/Engineer shall be a representative of and shall advise and consult
Own (1) during construction until final payment to the Contractor is due and
26
(2) as a Basic Service at the Owner's direction from time to time during the correction
period described in the Contract for Construction. This advice and consultation shall be
limited to verbal comment on actions of the Owner and shall not necessitate filing of
records, forms, or revisions to drawings, without additional compensation.
2.8.19 The Architect/Engineer shall transmit to the Owner all manuals, operating
instructions, as-built plans, warranties, guarantees and other documents d things
required by the Construction Contract and submitted by the Contract
sh review any as-built drawings furnished by the
e Owner that same are adequate and complete.
2.8.23 The Archi . eer shall, without additional compensation, promptly correct
any errors, omissions, deficiencies, or conflicts in the work product of the
Architect/Engineer or its consultants, or both.
2.8.24 The Architect/Engineer must reimburse the Owner for any added costs paid by the
Owner during construction that were incurred as the result of any omission, deficiency, or
conflict in the work product of the Architect/Engineer, its consultants, or both. This
added expense is defined as the difference in cost from that which the Owner would have
paid if the work was included in the bid, and the actual cost presented by the Contractor.
27
ARTICLE III
3.1 GENERAL
3.1.1 The services described in this Article III are not included in Basic Services.
shall be paid for by the Owner as provided in this agreement as an add' tion to the
compensation paid for the Basic Services but only if approved by t . 0\ ner before
commencement.
3.2 PROJECT REPRESENTATION BEYOND B
3.4
3.4.1
3.4.2
equired for or in connection
umishings and related
3.4.5 , site evaluations or comparative studies of prospective
sites.
3.4.6 Providi s ec surveys or environmental studies required for approvals of
governmental authorities or others having jurisdiction over the project.
3.4.7 Providing service relative to future facilities, systems and equipment.
3.4.8 Providing detailed estimates of the construction cost (an item by item
enumeration and analysis of all the costs that go to make up the Architect/Engineer's final
estimate described in paragraph 5.1).
3.4.9 Making investigations, inventories of materials or equipment, or valuations and
detailed appraisals of existing facilities.
28
3.4.10 Prtlviding services of consultants for other than architectural/engineering, civil,
structural, mechanical and electrical engineering portions of the Project provided as a p
of Basic Services.
3.4.11 Providing any other services not otherwise included in this Agree <
customarily furnished in accordance with generally accepted architectural
practice.
3.4.13 Providing representation before public bo
project, upon approval by owner.
3.5 CONTINGENT ADDITIONA
3.5.1 Making revisions in
reViSIOns are:
a.
b. codes, laws or regulations
documents and not reasonably
c. esult of the Owner's failure to render
3.5.2 . . because of significant changes in the Project
Ices requlf
including, but not limi 0 . e, quality, complexity, the Owner's schedule, or the
method of bidding or negotiating and contracting for construction.
3.5.3 Providing consultation concerning replacement of work damaged by fire or other
cause during construction, and furnishing services required in connection with the
replacement of such work.
3.5.4 Providing services in connection with public hearings.
29
ARTICLE IV
OWNER'S RESPONSIBILITIES
4.1 The Owner shall establish and update an overall budget for the Project based on
consultation with the Construction Manager and the Architect/Engineer, which shall
include the Construction Cost, the Owner's other costs and reasonable contingencies
related to all of these costs.
4.2 The Owner shall designate Monroe County's Project Management
act on the Owner's behalf with respects to the Project. The Owner or M oeeo
Project Management Department shall render decisions in a timely m mer pe
documents submitted by the Architect/Engineer in order to avoid unreas able
the orderly and sequential progress of the Architect/Engineer's services.
4.7 Prompt written notice shall be given by the Owner and Monroe County's Project
Management Department to the Architect/Engineer if they become aware of any fault or
defect in the Project or non-conformance with the Contract Documents.
30
4.8 The proposed language of certificate or certificates requested of the
Architect/Engineer or Architect/Engineer's consultants shall be submitted to the Owner
for review and approval at least 14 days prior to execution. The Owner shall not request
certifications that would require knowledge or services beyond the scope of this
Agreement.
4.9 The Owner shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
Architect/Engineer's services and work of the contractors.
4.10 The Owner shall furnish the Architect/Engineer copies of written
communications.
4.11 The Owner's review of any documents prepared by the Architect!Engin or its
consultants shall be solely for the purpose of determining whether such doc lents ar
generally consistent with the Owner's criteria, as and if, modified. No revi w of s
documents shall relieve the Architect/Engineer of responsibility for the accur y,
adequacy, fitness, suitability or coordination of its work product.
4.12 The Owner shall furnish air and water pollution tests,
materials, and inspections and reports required by law.
5.1 Contemporaneously with the
estimate shall be adjusted
the anticipated price result!
t to the Owner of all
Engineer.
5.5 e teet! ngineer agrees that, should the bid for construction of the project
exceed Ot's estimate b ten percent (10%) or more, it will redesign, redraw and/or rebid, at
no additio ore ense to the Owner, until the bids are within the stated limits.
31
ARTICLE VI
6.1 INDEMNIFICATION AND HOLD
ARTICLE VII
Arch - ect/Engineer shall assign only qualified personnel to perform any service
ncemmg project. At the time of execution of this contract, the parties anticipate
tha e owing named individuals will perform those functions as indicated:
NAME
FUNCTION
So long as the individuals named above remain actively employed or retained by the
Architect/Engineer, they shall perform the functions indicated next to their names.
32
\/
ARTICLE VIII
8.1 PAYMENTS
(A)
1 percent
o percent
30 percent
5 percent
20 percent
(B) the performance of the optional additional services and contingent
additional services described in Article III of this contract, provided same are first
authorized in writing by the Owner, the Architect/Engineer shall be paid hourly at
the rates identified in Exhibit B, or as negotiated.
(C) If the Architect/Engineer's duties, obligations and responsibilities are
materially changed through no fault of the Architect/Engineer after execution of
this contract, compensation due to the Architect/Engineer shall be equitably
adjusted by mutual agreement of the parties, either upward or downward;
(D) As a condition precedent for any payment due under this contract, the
Architect/Engineer shall submit monthly, unless otherwise agreed in writing by
the Owner, an invoice to the Owner requesting payment for services properly
rendered and reimbursable expenses due hereunder. The Architect/Engineer's
invoice shall describe with reasonable particularity the service rendered. The
Architect/Engineer's invoice shall be accompanied by such documentation or data
in support of expenses for which payment is sought at the Owner may require.
8.2 REIMBURSABLE EXPENSES
Shall be negotiated and agreed to prior to award of contract, but only to the
extent and the amounts authorized by Section 112.061, Florida Statutes.
33
ARTICLE I
9.1 APPLICABLE LAW
10.1 D THE DESIGN
1 .2 Sub1 ion or distribution of documents to meet official regulatory requirements
or for . . ar purposes in connection with the project is not to be construed as publication
in derogation of the Architect/Engineer's reserved rights.
10.1.3 The As-Built drawings and specifications may be furnished by the
Architect/Engineer to the Owner in electronic format in addition to the original As-Built
documents.
10.1.4 The Owner may utilize the construction documents, As-Built documents, etc. as
required for reference on any necessary future work on the site, and for constructing,
using and maintaining the Project.
ARTICLE XI
11.1 SUCCESSORS AND ASSIGNS
11.1.1 The Architect/Engineer shall not assign its right hereunder, excepting its right to
payment, nor shall it delegate any of its duties hereunder without the written consent of
the Owner. The Owner and Architect/Engineer, respectively, bind themselves, their
34
partners, successors, assigns and legal representatives to the other party to this Agreement
and to the partners, successors, assigns and legal representatives of such other party with
respect to all covenants of this Agreement.
ARTICLE XII
NO THIRD PARTY BENEFICIARIES
AND INDEPENDENT CONTRACTOR RELATIONSHIP
12.1 NO THIRD PARTY BENEFICIARIES
12.1.1 Nothing contained herein shall create any relationship, contractual or otherwise,
between the parties which creates or gives rise to any rights in favor of, any third party.
12.2 INDEPENDENT CONTRACTOR RELATIONSHIP
12.2.1 The Architect/Engineer is and shall be an independent contractor in the
performance of all work, services, and activities under this Agreement and is not an
employee, agent or servant of the County. The Architect/Engineer shall exercise control
over the means and manner in which it and its employees perform the work and in all
respects the Architect/Engineer's relationship and the relationship of its employees to the
County shall be that of an independent contractor and not as employees or agents of the
County. The Architect/Engineer does not have the power or authority to bind the County
in any promise, agreement or representation other than such power and authority that is
specifically provided for in this Agreement.
12.1 NO THIRD PARTY BENEFICIARIES
12.1.1 Nothing contained herein shall create any relationship, contractual
with or any rights in favor of, any third party.
13.1 INSURANCE
13.1.1
35
certificate shall contain an endorsement providing thirty (30) days notice to the
COUNTY prior to any cancellation of said coverage. Said coverage shall be
written by an insurer acceptable to the COUNTY and shall be in a form
acceptable to the COUNTY.
13.1.3 Architect shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida.
B. Employers Liability Insurance with limits of $1,000,000 per Accident,
$1,000,000 Disease, policy limits, $1,000,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering
claims for injuries to members of the public and/or damages to property of
others arising from use of motor vehicles, including onsite and offsite
operations, and owned, hired or non-owned vehicles, with One Million
Dollars ($1,000,000.00) combined single limit and One Million Dollars
($1,000,000.00) annual aggregate.
D. Commercial general liability covering claims for injuries to members of the
public or damage to property of others arising out of any covered act or
omission of the CONSULTANT or any of its employees, agents or
subcontractors or sub cons ultants, including Premises and/or Operations,
Independent Contractors; Broad Form Property Damage and a Contractual
Liability Endorsement with Five Million Dollars ($5,000,000) per occurrence
and annual aggregate.
E. Professional liability insurance of One Million Dollars ($1,000,000.00) per
claim and Two Million Dollars ($2,000,000.00) annual aggregate. If the
policy is a "claims made" policy, ARCHITECT shall maintain coverage or
purchase a "tail" to cover claims made after completion of the project to cover
the statutory time limits in Chapter 95 of the Florida Statutes.
F. COUNTY shall be named as an additional insured with respect to
ARCHITECT'S liabilities hereunder in insurance coverage identified in
Paragraphs C and D.
G. ARCHITECT shall require its sub consultants to be adequately insured at least
to the limits prescribed above, and to any increased limits of CONSULTANT
if so required by COUNTY during the term of this Agreement. COUNTY will
not pay for increased limits of insurance for subconsultants.
H. ARCHITECT shall provide to the COUNTY certificates of insurance or a
copy of all insurance policies including those naming the COUNTY as an
additional insured by including any subsection thereunder. The COUNTY
reserves the right to require a certified copy of such policies upon request.
36
ARTICLE XIV
TERMINA TION
14.1 Either party hereto may terminate this contract upon giving seven (7) days written
notice to the other in the event that such other party substantially fails to perform its
material obligations set forth herein. Termination expenses shall include all expenses (
date of termination and shall not include any additional services required in order to op
performance of services, unless agreed to in writing by the County and subject to audl.
for verification. <
14.1.1 Monroe County's performance and obligation to pay under thi contr ct is
contingent upon an annual appropriation by the Board of County Comm' sion and the
approval of the Board members at the time of contract initiatio n du tion.
15.1
those contract documents, the one i
will control.
ARTICLE XVI
ISPUTE RESOLUTION
16.1 County and Architect/Engineer agree that all disputes and disagreements shall first
be attempted to be resolved by meet and confer sessions between representatives of each
of the parties. If no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue or issues shall be submitted to mediation before a mediator
mutually agreed to by the parties.The cost of mediation shall be shared equally.
16.2 Any claim, dispute or other matter in question arising out of or related to this
Agreement not resolved by meet and confer sessions shall be subject to non-binding
mediation as a condition precedent to the institution of legal or equitable proceedings by
37
either party. Request for mediation shall be in writing and sent to the other party. The
parties shall agree on a mediator to hear the dispute.
16.3 Mediation shall be held in Monroe County Florida in a location in the Middle
Keys; the location may be moved only by mutual agreement of the parties.
16.4 Mediation shall take place within sixty (60) working days of receipt of notice of
mediation to the other party. The parties shall share the mediator's fee equally.
16.5 Agreements reached in mediation shall be reduced to writing and signed by the
representative of each party; however agreements must be approved by the Board of
County Commissioners to be enforceable. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction in Monroe County.
16.6 Nothing in this Agreement shall be construed to interfere with a subsequent order
from any court of competent jurisdiction ordering the parties to enter into mediation after
institution oflegal or equitable proceedings.
16.7 Arbitration is specifically rejected by the parties as a method of settling disputes
which arise under this agreement; neither of the parties shall be compelled by the other to
arbitrate a dispute which may arise under this Agreement.
ARTICLE XVII
Additional ReQuirements
17.1
38
mediation prior to the institution of any other administrative or legal proceeding, pursuant
to Section XVI of this agreement.
b) Severability. If any term, covenant, condition or provision of this
Agreement (or the application thereof to any circumstance or person) shall be declared
invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement, shall not be affected
thereby; and each remaining term, covenant, condition and provision of this Agreement
shall be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Architect/Engineer agree to reform the Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of
the stricken provision.
c) Attorney's Fees and Costs. The County and Architect/Engineer agree that
in the event any cause of action or administrative proceeding is initiated or defended by
any party relative to the enforcement or interpretation of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees and court costs expenses, as an award
against the non-prevailing party, and shall include attorney's fees and courts costs
expenses in appellate proceedings. Mediation proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil
Procedure and usual and customary procedures required by the circuit court of Monroe
County.
d) Binding Effect. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Architect/Engineer and
their respective legal representatives, successors, and assigns.
e) Authority. Each party represents and warrants. to the other that the
execution, delivery and performance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by law.
. . - -
f) Claims for Federal or State Aid. Architect/Engineetand County agree that
each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to
further the purpose of this Agreement; provided that all applications, requests, grant
proposals, and funding solicitations shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements... Co
Architect/Engineer agree that all disputes anddisagreemeIlts shall be att Ipted
resolved under Section XVI of this agreement. Ifrio resolutto.ncanbe a cd upo ithin
30 days after mediation, then any party shall have the right to seek s relief r rem
as may be provided by this Agreement or by Florida I~w.
(\
of this Agreement, County and Architect/Engineer agree to participate, to the extent
required by the other party, in all proceedings, hearings, processes, meetings, and other
activities related to the substance of this Agreement or provision of the services under
this Agreement. County and Architect/Engineer specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
h) Nondiscrimination. Architect/Engineer and County agree that there will
be no discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any party,
effective the date of the court order. Architect/Engineer or County agree to comply with
all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights
Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC
ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of
age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-
616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.
690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from
time to time, relating to nondiscrimination on the basis of disability; 10) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
i) Covenant of No Interest. Architect/Engineer and County covenant that
neither presently has any interest, and shall not acquire any interest, which would conflict
in any manner or degree with its performance under this Agreement, and that only
interest of each is to perform and receive benefits as recited in this Agreement.
j) Code of Ethics. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers
and employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
40
k) No Solicitation/Payment. The Architect/Engineer and County warrant
that, in respect to itself, it has neither employed nor retained any company or person,
other than a bona fide employee working solely for it, to solicit or secure this Agreement
and that it has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of the provision, the
Architect/Engineer agrees that the County shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
1) Public Access. The Architect/Engineer and County shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters or other materials in
its possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the Architect/Engineer and County in conjunctio ith
this Agreement; and the Architect/Engineer shall have the right to unilaterally c cel
Agreement upon violation of this provision by County.
m) Non-Waiver of Immunity. Notwithstanding he provision
Florida Statutes, the participation of the Architect/Engineer and the
Agreement and the acquisition of any commercial liability 'nsurance cov age, self-
insurance coverage, or local government liability insuran po coverage sh not
deemed a waiver of immunity to the extent of liability co rage, or shall any c
entered into by the County be required to contain an ISlO for w . ver.
0) on- e gation of Constitutional
or Statutory nor shall it be construed as,
relieving an obligat" on r sponsibility imposed upon the
and imely performance thereof by any
a may be offered in satisfaction of the
sA eement is not intended to, nor shall it be
the constitutional or statutory duties of the
the Florida constitution, state statute, and case
41
third-party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the Architect/Engineer and the County agree that neither the
Architect/Engineer nor the County or any agent, officer, or employee of either shall have
the authority to inform, counsel, or otherwise indicate that any particular individual or
group of individuals, entity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior to, or superior to the community in general or for
the purposes contemplated in this Agreement.
q) Attestations. Architect/Engineer agrees to execute such documents as the
County may reasonably require including a Public Entity Crime Statement, an Ethics
Statement, and a Drug-Free Workplace Statement.
r) No Personal Liability. No covenant or agreement contained herein shall
be deemed to be a covenant or agreement of any member, <lfficer, agent or employee of
Monroe County in his or her individual capacity, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement Qrbesubject to
any personal liability or accountability by reason of the executiotl.ofthis Agreement.
s) Execution in Counterparts. This Agreement may be executed in any
number of counterparts, each of which shall be regarded as an original, an of which taken
together shall constitute one and the same instrument anduany oftheuparties hereto may
execute this Agreement by singing any such counterpart. ..
t) Section Headings. Section.headings.have been illSerted in this Agreement
as a matter of convenience of reference oilly, and itls agreed that such section headings
are not a part of this Agreement and will notoeusedin the interpretation of any provision
of this Agreement.
42
SECTION FIVE
INSURANCE REQUIREMENTS AND INDEMNIFICATION STATEMENT
Insurance Requirement Required Limits
Worker's Compensation Statutory Limits
Employer's Liability $1,000,000/$1,000,000/$1,000,000
General Liability $5,000,000 Combined Single Limit
Vehicle Liability $1,000,000 Combined Single Limit
per Occurrence/$1 ,000,000
Aggregate
Professional Liability $1,000,000 per occurrence/
$2,000,000 Aggregate
IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND
SUBCONSULTANTS
The Architect/Engineer/Consultant covenants and agrees to indemnify, hold harmless and
defend Monroe County, its commissioners, officers, employees, agents and servants from
any and all claims for bodily injury, including death, personal injury, and property
damage, including property owned by Monroe County, and any other losses, damages,
and expenses of any kind, including attorney's fees, court costs and expenses, which arise
out of, in connection with, or by reason of services provided by the Architect/Engineer or
Consultant or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors,
or other wrongful act or omission of the Architect/Engineer/Consultant, including its
Subcontractor(s) in any tier, their officers, employees, servants or agents.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result ofthe Architect/Engineer/Consultant's failure to purchase or
maintain the required insurance, the Architect/Engineer/Consultant shall indemnify the
County from any and all increased expenses resulting from such delay. Should any claims
be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans
and specifications provided by the Architect/Engineer/Consultant, the
Architect/Engineer/Consultant agrees and warrants that Architect/Engineer/Consultant
shall hold the County harmless and shall indemnify it from all losses occurring thereby
and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Architect/Engineer/Consultant
is consideration for the indemnification provided for above.
43
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply
in full with all the requirements.
Respondent Signature
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
Liability policies are _Occurrence Claims Made
Insurance Agency Signature
Print Name:
44
SECTION SIX
COUNTY RESPONSE FORMS
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
GATO BUILDING, ROOM 1-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Addenda No.(s)
I have included:
0 The Response Form_
0 Lobbying and Conflict of Interest Clause _
0 Non-Collusion Affidavit
-
0 Drug Free Workplace Form_
0 Respondent's Insurance and Indemnification Statement_
0 Insurance Agent's Statement_
0 Professional and Occupational Licenses
I have included a current copy of the following professional and occupational licenses:
(Check mark items above. as a reminder that they are included.)
Mailing Address:
Telephone: Fax:
Date:
Signed: Witness:
(Seal)
(Name)
(Title)
45
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
" "
(Company)
" warrants that he/it has not employed, retained or otherwise had act on his/its
... behalf any former County officer or employee in violation of Section 2 of Ordinance No.
010-1990 or any County officer or employee in violation of Section 3 of Ordinance No.
010-1990. For breach or violation of this provision the County may, in its discretion,
terminate this Agreement without liability and may also, in its discretion, deduct from the
Agreement or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or
employee".
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by (name of affiant). He/She is
personally known to me or has produced
as identification. (type of identification)
NOTARY PUBLIC
My commission expires:
46
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies
that:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace. the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition
of working on the commodities or contractual services that are under bid, the employee
will abide by the terms of the statement and will notify the employer of any conviction of,
or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or
of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, or
any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
Respondent's Signature
Date
47
NON-COLLUSION AFFIDAVIT
l, of the city of
according to law on my oath, and under penalty of perjury, depose and say that:
1. lam
of the firm of
the bidder making the Proposal for the project described in the Request for
Qualifications for:
and that I executed the said proposal with full authority to do so:
2. the prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or
with any competitor;
3. unless otherwise required by law, the prices which have been quoted in this
bid have not been knowingly disclosed by the bidder and will not knowingly
be disclosed by the bidder prior to bid opening, directly or indirectly, to any
other bidder or to any competitor; and
4. no attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the
purpose of restricting competition;
5. the statements contained in this affidavit are true and correct, and made with
full knowledge that Monroe County relies upon the truth of the statements
contained in this affidavit in awarding contracts for said project.
(Signature of Respondent) (Date)
STATE OF:
COUNTY OF:
PERSONALL Y APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, (name of individual signing) affixed
his/her signature in the space provided above on this _ day of
20
NOTARY PUBLIC
My Commission Expires:
48
IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND
SUB CONSULTANTS
The Architect/Engineer/Consultant covenants and agrees to indemnify, hold harmless and
defend Monroe County, its commissioners, officers, employees, agents and servants from
any and all claims for bodily injury, including death, personal injury, and property
damage, including property owned by Monroe County, and any other losses, damages,
and expenses of any kind, including attorney's fees, court costs and expenses, which arise
out of, in connection with, or by reason of services provided by the Architect/Engineer or
Consultant or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors,
or other wrongful act or omission of the Architect/Engineer/Consultant, including its
Subcontractor(s) in any tier, their officers, employees, servants or agents.
In the event that the completion ofthe project (to include the work of others) is delayed
or suspended as a result of the Architect/Engineer/Consultant's failure to purchase or
maintain the required insurance, the Architect/Engineer/Consultant shall indemnify the
County from any and all increased expenses resulting from such delay. Should any claims
be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans
and specifications provided by the Architect/Engineer/Consultant, the
Architect/Engineer/Consultant agrees and warrants that Architect/Engineer/Consultant
shall hold the County harmless and shall indemnify it from all losses occurring thereby
and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Architect/Engineer/Consultant
is consideration for the indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply
in full with all the requirements.
Respondent Signature
49
INSURANCE AGENT'S STATEMENT
1 have reviewed the above requirements with the bidder named below. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
Liability policies are _ Occurrence Claims Made
Insurance Agency Signature
Print Name:
50