10/19/2011 Agreement DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: October 25, 2011
TO: Jerry Barnett, Director
Project Management
ATTN: Ann Riger
Contract Administrator
FROM: Pamela G. Hanc, D.C.
At the October 19, 2011, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Item C45 First Amendment to Agreement with Pedro Falcon Electrical Contractor's Inc. for
the Renovation and Addition of Fire Station #17 in Conch Key.
✓ Item C46 Contract with Currie, Sowards, Aguila Architects, (CSA), to draw a preliminary
design of a parking facility on Thomas Street.
Item C47 Contract for Professional Services with William P. Horn Architect P.A. for
Restroom and Shower Facilities at the Crawl Key Fire Training site.
Item C52 Task Order Contract with MBI /K2M Architects under their continuing services
agreement with the County. This task order contract for NTE $7,000 will provide initial site
layout and feasibility grade cost estimate to construct a Customs and Border Protection (CBP)
area at the Marathon Airport in the area identified by CBP representatives.
Attached is a duplicate original of each of the above - mentioned for your handling. Should
you have any questions, please do not hesitate to contact this office.
cc: County Attorney
Finance
File ✓
CONTRACT FOR
PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECU/ENGINEER
THIS CONTRACT made as of the 19 day of October, 2011. FOR PROFESSIONAL
SERVICES BETWEEN OWNER AND ARCHITECT/ENGINEER (the "Contract" or
"Agreement ") is made and entered into by MONROE COUNTY, BOARD OF COUNTY
COMMISSIOENRS ( "Owner" or "County"), a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, its successors
and assigns through the Monroe County Board of County Commissioners ( "BOCC "), and
CURRIE, SOWARDS, AGUILA ARHCITECTS, the ("Architect")., whose address is
134 NE I" Avenue, Delray Beach, FL 33444, its successors and assigns.
This contract shall be effective on the date of execution by the last party signatory to the
contract.
The professional services required by this contract are to draw a preliminary design of a
parking facility on Thomas Street to service the Freeman Justice Center, Jackson Square,
and visitors of Key West. The preliminary design is important because it will enable the
County to vet the parking facility to the City of Key West and the neighborhood prior to
spending the money for a full blown project.
These services shall include, but not be limited to: Preparation of a conceptual design for
a new multi -story public parking garage on the south side of Thomas Street behind the
Freeman Justice Center in Key West, Florida. The garage is anticipated to consist of a
ground level, levels 2 and 3, and an open rooftop level consisting of approximately 300
parking spaces. The intent of the conceptual design is to illustrate the potential of the
design and to seek support from the adjacent residents, the public, and City Leaders prior
to funding.
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 agree:
ARTICLE 1
1. REPRESENTATIONS AND WARRANTIES
By executing this Contract, Architect makes the following express representations and
warranties to the Owner:
1.1 The Architect is a professional qualified to act as the Architect for the Project and
is licensed to practice Architecture /Engineering by all public entities having jurisdiction
over the Architect/Engineer and the Project;
1.2 The Architect shall maintain all necessary licenses, permits or other
authorizations necessary to act as Architect for the Project until the Architect's duties
hereunder have been fully satisfied;
1.3 The Architect shall become familiar with the individual Project site and the local
conditions under which the Project is to be designed, constructed, and operated.
1.4 In providing all services pursuant to this agreement, the Architect shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating such services,
including those now in effect and hereinafter adopted. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this agreement and
shall entitle the COUNTY to terminate this agreement immediately upon delivery of
written notice of termination to the Architect.
1.5 The Architect shall assign only qualified personnel to perform any service
concerning the project.
ARTICLE II
2. INDEMNIFICATION AND HOLD HARMLESS
2.1 Notwithstanding any minimum insurance requirements prescribed elsewhere in
this agreement, the Contractor covenants and agrees that he shall indemnify and hold the
COUNTY and the COUNTY's elected and appointed officers and employees harmless
from and against (i) any claims, actions or causes of action, (ii) any litigation,
administrative proceedings, appellate proceedings, or other proceedings relating to any
type of injury (including death), loss, damage, fine, penalty or business interruption, and
(iii) any costs or expenses that may be asserted against, initiated with respect to, or
sustained by, any indemnified party by reason of, or in connection with, (A) any activity
of Contractor or any of its employees, agents, contractors in any tier or other invitees
during the term of this Agreement, (B) the negligence or willful misconduct of Contractor
or any of its employees, agents, contractors in any tier or other invitees, or (C)
Contractor's default in respect of any of the obligations that it undertakes under the terms
of this Agreement, except to the extent the claims, actions, causes of action, litigation,
proceedings, costs or expenses arise from the intentional or sole negligent acts or
negligent acts in part or omissions of the COUNTY or any of its employees, agents,
contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions,
causes of action, litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the term of this Agreement, this section will survive the
expiration of the term of this Agreement or any earlier termination of this Agreement.
2.2 The first ten dollars ($10.00) of remuneration paid to the Architect is for the
indemnification provided for above. 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 he shall hold the County harmless and
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shall indemnify him from all losses occurring thereby and shall further defend any claim
or action on the County's behalf.
2.3 In the event 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 County from any and all increased expenses
resulting from such delays. Should any claims be asserted against County by virtue of
any deficiencies or ambiguity in the plans and specifications provide by the Architect the
Architect agrees and warrants that Architect hold the County harmless and shall
indemnify it from all losses occurring thereby.
2.4 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
2.5 This indemnification shall survive the expiration or early termination of the
Agreement.
ARTICLE III
3. PAYMENT
3.1 Professional fees for the services described shall be a lump sum fee of Twelve
Thousand Five Hundred Dollars and 00 /100 ($12,500.00).
Services by other consultants such as civil engineering, landscape architect, MEP
Engineering and others are not included in the lump sum price. Formal site plan and
conditional use approvals are not included but may be provided for an added fee or at the
firm's standard hourly rates as follows:
• Principal Architect
$175.00
• Project Architect
$150.00
• Project Manager
$125.00
• CADD Technician I
$85.00
• CADD Technician II
$65.00
• Support Staff
$45.00
3.2 REIMBURSABLE EXPENSES
Reimbursable expenses include expenses incurred as follows:
• Reproductions At Cost
• In -house black & white plotting $1.15 per sheet
• In -house color plotting $36.00 per sheet
• Half -scale black & white copies $.25
• Half -scale color copies $.75
• Expenses for Travel — only to the extent authorized by Section 112.061, Florida
Statutes.
• Permit or agency submittal At Cost
Expenses reimbursed are the expenses incurred after the Deliverables (as described
below) are met.
3.3. Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Board of County Commissioners and the
approval of the Board members at the time of contract initiation and its duration.
ARTIVLE IV
4. DELIVERABLES AND SCHEDULE
4.1 Deliverables include the following graphics in both printed and in electronic
format:
• Site Plan
• Ground level floor plan
• 2nd and 3 rd level floor plan
• Roof -top level parking plan
• Four exterior elevations
• Two exterior colored renderings
4.2 Schedule for final delivery of work product will be not more than Thirty (30) days
from written Award of Contract and receipt of an updated boundary survey which will be
used as a basis for site constraints. The County will provide the boundary survey.
ARTICLE V
5. APPLICABLE LAW
5.1 This contract is governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and performed entirely in the State. Venue
for any mediation, dispute conferences or litigation arising under this contract must be in
Monroe County, Florida. The Parties waive their rights to a trial by jury.
5.2 Architect shall not disclose, publish, or authorize others to disclose or publish,
design data, drawings, specifications, reports, or other information pertaining to the
services performed by Architect or other information to which Architect has had access
during the Term of this Agreement without the prior written approval of the County,
during the term of the Agreement and for a period of two (2) years after the termination
of the Agreement. Nevertheless, the parties agree that the Architect may use and publish
the County's name and give a general description of the work provided by the Architect
for the purpose of informing other clients and potential clients of the Architect's work
experience and qualifications.
5.3 Should the County receive a request for documents pursuant to Chapter 119,
Florida Statutes, Architect shall cooperate with the County to facilitate the County's
compliance with Chapter 119, Florida Statutes. Should Architect assert any exemptions
to the requirements of Chapter 119 and related statutes, the burden of establishing such
exemption, by way of injunctive or with the County in connection with a Public Records
request shall be grounds for immediate unilateral cancellation of the Agreement by the
County.
ARTICLE VI
6. OWNERSHIP OF THE PRELIMINARY DESIGN
6.1 The Preliminary Design Drawings, and other documents prepared by the
Architect for this project are instruments of the Architect's service for use solely with
respect to this project, and the Architect shall be deemed the author of these documents
and shall retain all common law, statutory and other reserved rights, including
reproducible copies, of the Architect's Drawings, and other documents shall not be used
by the Owner or others on other projects except by agreement in writing and with
appropriate compensation to the Architect.
6.2 Submission or distribution of documents to meet official regulatory requirements
or for similar purposes in connection with the project is not to be construed as publication
in derogation of the Architect's reserved rights.
ARTICLE VII
7. SUCCESSORS AND ASSIGNS
The Architect shall not assign its right hereunder, nor shall it delegate any of its duties
hereunder without the written consent of the Owner. The Owner and Architect,
respectively, bind themselves, their 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 VIII
8. NO THIRD PARTY BENEFICIARIES
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.
8.1 INDEPENDENT CONTRACTOR RELATIONSHIP
The Architect 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 shall exercise control over the means and manner in which it
and its employees perform the work and in all respects the Architect'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 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.
ARTICLE IX
9. INSURANCE
9.1 The Architect shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. Professional Liability Insurance
shall also be maintained as specified. In the event 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.
9.2 The coverage provided herein shall be provided by an insurer with an A.M. Best
Rating of VI or better, that is licensed to do business in the State of Florida and that has
an agent for service of process within the State of Florida. The insurance 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.
9.3 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 $100,000.00 per Accident,
$500,000.00 Disease, policy limits, $100,000.00 Disease each employee.
C. Vehicle Liability Insurance Coverage shall be maintained throughout the life of
the contract and include, as a minimum, liability coverage for Owned, Non -
Owned, and Hired Vehicles. The minimum limits acceptable shall be $100,000
Combined Single Limit. If split limits are provided, the minimum limits
acceptable shall be $50,000 per person, $100,000 per occurrence and $25,000
property damage. The Monroe County Board of County Commissioners shall be
named as Additional Insured on all policies
D. General Liability Insurance shall be obtained prior to the commencement of work
and coverage shall be maintained throughout the life of the contract and include
as a minimum: Premises Operation, Products and Completed Operations, Blanket
Contractual Liability, Personal Injury Liability, and Expanded Definition of
Property Damage. The minimum limits acceptable shall be $300,000 Combined
Single Limit. If split limits are provided, the minimum limits acceptable shall be
$100,000 per person, $300,000 per occurrence and $50,000 property damage. An
Occurrence Form policy is preferred. If coverage is provided on'a Claims Made
policy, its provisions should include coverage for claims filed on or after the
effective date of this contract. In addition, the period for which claims may be
reported should extend for a minimum of twelve (12) months following the
acceptance of work by the County. Monroe County Board of County
Commissioners shall be named as Additional Insured on all policies.
E. Professional liability (Architects Errors and Omissions Liability) insurance of
Two Hundred and Fifty Thousand Dollars ($250,000.00) per occurrence and Five
Hundred Thousand Dollars ($500,000.00) annual aggregate. This insurance shall
be maintained in force for a period of two years after the date of Completion of
this project.
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 subconsultants to be adequately insured at least to the
limits prescribed above, and to any increased limits of Architect 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.
ARTICLE X
10. TERMINATION
10.1 Either party hereto may terminate this contract prior to expiration upon giving
seven (7) days written notice to the other in the event that such other party negligently or
for any reason substantially fails to perform its material obligations set forth herein. No
termination expenses shall be paid by the Owner after the date of notice of termination.
10.2 The Owner may terminate this Contract without cause by giving the other party
sixty (60) days written notice of its intention to do so. Termination expenses shall include
expenses available under the contract through the date on the notice of termination and
shall not include any additional services required in order to stop performance of
services, unless agreed to in writing by the County and subject to audit for the purpose of
verification.
ARTICLE XI
11. PUBLIC ENTITY CRIME STATEMENT
A person or affiliate who has been place on the convicted vendor list following a
conviction for public entity crime may not submit a bid on contract to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for
the 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 placed on the convicted vendor list.
ARTICLE XII
12. DISPUTE RESOLUTION
12.1 County and Architect 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. The
parties agree that mediation is a condition precedent to the institution of legal or equitable
proceedings by 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.
12.2 Mediation shall be held in Monroe County Florida in a location in Key West; the
location may be moved only by mutual agreement of the parties.
12.3 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.
12.4 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 of legal or equitable proceedings.
12.5 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 XIII
13. ADDITIONAL REQUIREMENTS
13.1 The following items are part of this contract:
a) Architect shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement and
for four years following the termination of this Agreement. If an auditor employed by the
County or Clerk determines that monies paid to Architect pursuant to this Agreement
were spent for purposes not authorized by this Agreement, the Architect shall repay the
monies together with interest calculated pursuant to F.S. Sec. 55.03, running from the
date the monies were paid to County.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement
shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event that
any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the County and Architect agree that venue will lie in the
appropriate court or before the appropriate administrative body in Monroe County,
Florida. The Parties waive their rights to a trial by jury. The County and Architect agree
that, in the event of conflicting interpretations of the terms or a term of this Agreement by
or between any of them the issue shall be submitted to mediation prior to the institution
of any other administrative or legal proceeding.
C) 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 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.
d) Attorney's Fees and Costs. The County and Architect 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.
C) Binding Effect. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Architect and their
respective legal representatives, successors, and assigns.
0 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. Each party agrees that it has
had ample opportunity to submit this Contract to legal counsel of its choice and enters
into this agreement freely, voluntarily and with advise of counsel.
g) Claims for Federal or State Aid. Architect and County agree that each
shall be, and is, empowered to apply for, seek, and obtain federal and state funds to
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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. County and Architect agree
that all disputes and disagreements shall be attempted to be resolved under Section XII of
this agreement. If no resolution can be agreed upon within 30 days after mediation, then
any party shall have the right to seek such relief or remedy as may be provided by this
Agreement or by Florida law.
i) Cooperation. In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution, performance, or breach
of this Agreement, County and Architect 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 specifically agree that no party to this Agreement shall be required
to enter into any arbitration proceedings related to this Agreement.
j) Nondiscrimination. Architect 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 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.
k) Covenant of No Interest. Architect 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.
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1) 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.
m) No Solicitation/Payment. The Architect 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 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.
n) Public Access. The Architect 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 and County in conjunction with this
Agreement; and the Architect shall have the right to unilaterally cancel this Agreement
upon violation of this provision by County.
o) Non - Waiver of Immunity. Notwithstanding the provisions of Sec. 286.28,
Florida Statutes, the participation of the Architect and the County in this Agreement and
the acquisition of any commercial liability insurance coverage, self - insurance coverage,
or local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the
County be required to contain any provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents,
or employees of any public agents or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the County shall
apply to the same degree and extent to the performance of such functions and duties of
such officers, agents, volunteers, or employees outside the territorial limits of the County.
q) Legal Obligations and Responsibilities: Non - Delegation of Constitutional
or Statutory Duties. This Agreement is not intended to, nor shall it be construed as,
relieving any participating entity from any obligation or responsibility imposed upon the
entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be
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construed as, authorizing the delegation of the constitutional or statutory duties of the
County, except to the extent permitted by the Florida constitution, state statute, and case
law.
r) Non - Reliance by Non - Parties. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any
third -party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the Architect and the County agree that neither the Architect 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.
S) Attestations. Architect 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.
t) No Personal Liability. No covenant or agreement contained herein shall
be deemed to be a covenant or agreement of any member, officer, 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 or be subject to
any personal liability or accountability by reason of the execution of this Agreement.
u) Americans with Disabilities Act of 1990 (ADA) and Florida Accessibility
Code (FAC), current edition, whichever is required for the specific project. The
Architect will comply with all the requirements as imposed by the ADA, the regulations
of the Federal government issued thereunder, and the assurance by the Architect pursuant
thereto.
V) Disadvantaged Business Enterprise (DBE) Policy And Obligation. It is the
policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this Agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its Architect
agree to ensure that DBE's have the opportunity to participate in the performance of the
Agreement. In this regard, all recipients and contractors shall take all necessary and
reasonable steps in accordance with applicable federal and state laws and regulations to
ensure that DBE's have the opportunity to compete and perform contracts. The County
and the Architect and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this
Agreement.
w) Execution in Counterparts. This Agreement may be executed in any
number of counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto may
execute this Agreement by signing any such counterpart.
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x) Section Headings. Section headings have been inserted in this Agreement
as a matter of convenience of reference only, and it is agreed that such section headings
are not a part of this Agreement and will not be used in the interpretation of any provision
of this Agreement.
SS WHEREOF, each party caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
L. KOLHAGE, Clerk OF MONROE CO TY, FLORIDA
U By: #Y a ,
uty Clerk or/ an
Witnesses for Ar h ec ngmeer:
Witness 1:
Print Name: Cli a 1: io"t 5-6VI
Date: .6 / y/ //
Witness 2: � Z" �
Print Name i„1 < .. . ;
Date: loll-112c;1(
STATE OF FLORIDA
COUNTY OF P-,,-r" F3..�4-tx
ARCHITECT /ENGINEER -
CURRIE, SOWARD, AGUILA ARCHITF,�,TS
By: Ai v
Print Name:
Title:
Date:
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On this 4-n- day of c r3cTZ , 2011, before me, the undersigned notary public, personally
appeared _E , J.,�� , known to me to be the person whose name is subscribed
above, or- who as—idenL ifwatiM and acknowledged that
he /she is the person who executed the above Contract with Monroe County for Architect/Engineering
services for the Preliminary Design of the Thomas Street Parking Lot, for the purposes therein
contained.
MON E COUNTY ATTOR
ROV D AS TO
c � C
NAT1LEENF W. CASSEi
ASSISTANT WUNTY ATTORNEY
Date
KATHLEEN DAMS
` Commission # EE 047230
Expires Jwuaty 7, 2015
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13
NON- COLLUSION AFFIDAVIT
1 Jose N. Aguila, AIA of the city of Delray Beach Florida
according to law on my oath, and under penalty of perjury, depose and say that:
I am Secretary/Principal
of the firm of Currie Sowards Aguila Architects
the bidder making the Proposal for the project described in the Request for
Qualifications for: Thomas Street Parking Garage
and that I executed the said proposal with full authority t 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 b 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.
— r"
Sig of Respondent)
STATE OF FLORIDA
COUNTY OF PALM BEACH
October 4, 2011
(Date)
PERSONALLY APPEARED BEFORE ME, the undersigned authority Jose N. Aguila, AIA
who, after first being sworn by me, affixed his /her signature in the space provided above on this
4th day of October 2011
NOTARY PUBLIC
My Commission Expires:
KATHLEEN DAVIS
Commission # EE 047230
Expires January 7, 2015
„ , .�`
9orded Tiw Troy Fa6i Inp�ance d00.3AS7019
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010 -1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Currie Sowards Aguila Architects
(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 ".
Ak - , Principal
(Signature)
Date: October 4, 2011
STATE OF FLORIDA
COUNTY OF PALM BEACH
Subscribed and sworn to (or affirmed) before me on
Oc tober 4, 2011
by Jose N. Aguila, AIA He is personally known to me.
NOTARY PUBLIC
My commission expires:
,riyy ; KATHLEEN DAVIS
u "• e*= Commission # EE 047230
x ' A Expires January 7, 2015
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DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
Currie Sowards Aquila Architects
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.
ent's Signature
October 4, 2011
Date
Client #: 8905
CURRSOW3
ACORD,. CERTIFICATE OF LIABILITY INSURANCE
DATE(MM /DD/YYYY)
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
10/04/2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain pffigiWegaDepopire an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such enclorsemenkl Develwmen
PRODUCER
ISU Suncoast Insurance Assoc
P.O. BOX 22668 OCT 0 5 201
Tampa, FL 33622 -2668 11 -
813 289 -5200 TIME'
PF D BY:
NAME:
PHONE FAX
A/c No Ext : 813 289 -5200 A/C No ; 813 289 -4561
EMAIL
ADDRESS:
PRODUCER
ID M
INSURER(S) AFFORDING COVERAGE
NAIC III
INSURED -
Currie Sowards Aguila Architects I
Delray Beach, FL 33444 1st Avenue
Del
INSURER A: MSA Insurance Company
11066
INSURER B: Travelers Casualty & Surety Co
19038
INSURER C: XL Specialty Insurance Company
37885
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE 51 OCCUR
INSURER D:
INSURER E:
DAMAGE TO ENTED
PREMISES Ea occurrence
$500,000
INSURER F:
$5,000
PERSONAL & ADV INJURY
COVERAGES CERTIFICATE NUMBER: REVISI NUMBER-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
I TYPE OF INSURANCE
L
NSR
UB
WVD
POLICY NUMBER
POLICY EFF
MM /DD/YYYY
POLICY EXP
MM/DD/YYYY
LIMITS
A
GENERAL LIABILITY
X
BPG98835
8117/2011
08117/201
EACH OCCURRENCE
$1000000
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE 51 OCCUR
DAMAGE TO ENTED
PREMISES Ea occurrence
$500,000
MED EXP (Any one person)
$5,000
PERSONAL & ADV INJURY
$1,000,000
GENERAL AGGREGATE
$2,000,000
! GE N'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP /OP AGG
$2,000,000
PRO- LOC
POLICY 7
$
A
AUTOMOBILE
LIABILITY
ANY AUTO
X
BPG98835
_
8117/2011
08/17/2012
COMBINED SINGLE LIMIT
(Ea accident)
$
1,000,000
BODILY INJURY (Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
_
BODILY INJURY (Per accident)
$
X
X
PROPERTY DAMAGE
(Per accident)
$
HIRED AUTOS
NON -OWNED AUTOS
-- -- , t
(v
L
$
UMBRELLA LIA B
H CLAIMS-MADE
OCCUR
EACH OCCURRENCE
$
AGGREGATE
$
EXCESS LIAB
DEDUCTIBLE
$
$
RETENTION $
B
WORKERS COMPENSATION
AND
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
N/A
1/01/2011
01/01/201
X WCSTATU• OTH-
E.L. EACH ACCIDENT
$1,000,000
E.L. DISEASE - EA EMPLOYEE
$1,000,000
(Mandatory in NH)
If DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
$1,000,000
C
Professional
DPS9694915
8/2412011
08/24/201
$1,000,000 per claim
Liability
$1,000,000 annl aggr.
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Professional Liability coverage is written on a claims -made and reported basis.
Project: Thomas Street Parking Garage. Monroe County Board of County Commissioners is listed as an
(See Attached Descriptions)
GR
Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
1100 Simonton Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Room 2 -213
Key West, FL 33040 AUTHORIZED REPRESENTATIVE
VAS Bt 0&-W- - Aga-'
m 1988 -2009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009/09) 1 of 2 The ACORD name and logo are registered marks of ACORD
#S343679/M335083 LWA