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Item C45I Ik 1 117.1 V V AT) W1 Q 0 10 Meeting Date: May 21, 2014 Division: Public Works & Engineering Bulk Item: Yes X No — Department: Project Management VA" 'I'll 'jj I I I 181teleg') trAteir, a ell M MR 11ror.1 ...... ITEM BACKGROUND: The County has issued a Request for Proposals for the Hickory House property on a number of occasions and received no proposals that were accepted by the BOCC. County staff has been asked to research the feasibility of converting the property to a public boat ramp. PREVIOUS RELEVANT BOCC ACTION: The County purchased the property in 2006 for $3.1 million. The County has issued RFPs for proposals on several occasions. The responses for the most recent are due on 20 May 2014. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval �l 1 3111) till By - I 1111 11 1 � I "I i it) IWOID11I 104111 11111,111 111,11 J11 l[II)IM COST TO COUNTY:-$6,500 SOURCE OF FUNDS: Fund 304 REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty 4ZP- OMB/Purchasing Risk Management. DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # N" CONTRACT SUN04ARY Coneact SowardsAgufla ContrW Effective r 05/21/14 Expiration Date: Cow' l i '' r E • i i i t !siteplan and c!' e.,'S i !! icovert 1: is House into public boat I I i ! ! .Mf ! Ann df X4439 Project o'lf 1 ! 1 CONTRACT COSTS Total 1 Codes: 304- S303Ya ADDMONALC Estirnated Ongoing Costs: $___Jyr For. Not included in oI above e . maintename. utilitin. janitorial. aalariea, etc.) CONTRACT REVIEW 0' • Date In Needed R Risk Management ' Yes[] No_ r, ❑.M.BJPurlasing f -& - Y Yes[] No[Q L152- -1� County Attorney Yeso Nolo OMB Form Revised 2/27m t MCP *2 CONTRACTFOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT/ENGINEER Hickory House Boat Ramp, Key West Florida if ■I MEN No NMI I I MEN WROM• in RM Nr ?YMMa, 17nose MUM is _r7l'10 YnT =,=L, NCy U CM, 17 1011&LI• and assigns through the Monroe County Board of County Commissioners CURRIE SOWARDS AGUILA ARCHITECTS, the ("Architect")., whose address is 185 NE 4s'Avenue, Suite 101, Delray Beach, FL 33483, its successors and assigns. WITNESSE'rii WHEREAS, on the 201h day of January 20 10, the parties entered into a Continuing Contract for projects in which the estimated construction costs of each individual project under the contract does not exceed Two Million Dollars ($2,000,000.00), or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand Dollars ($200,000.00); and WHEREAS, on the 20th day of November 2013, the parties entered into a First Amendment to Contract renewing the Continuing Contract for the first of two one -ye periods effective January 20, 2014 and terminating January 19, 2015; and I 11Wll 10, WN316,11 WHEREAS, the Board of County Commissioners have directed staff to determine if the Hickory House property would be an appropriate location to be used as a public boat ramp, with on -site trailer and vehicular parking availability; 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 Architect agree: A. Architect shall provide a presentable site plan proposal and construction cost estimate for the feasibility of providing a public boat ramp on the land purchased by County known as the Hickory House. The Scope of Work is outlined in his proposal dated April 30, 2014 and is attached hereto as Exhibit A. B. Architect shall complete his services within forty-five (45) days after a written notice to proceed. Additional time may be given the architect, in writing, in such cases that presentation of a final conceptual site plan falls beyond the forty-five (45) days. Any Additional Services that may be required shall be approved by the County only after receiving an Amendment to the Agreement and a Notice to Proceed from the County. Additional Services may be provided by the Architect by a proposed lump sum fee, or at the hourly rates attached to Exhibit A. Fit 0 1114 UN ItI UN [0119 "Pursuant to F. S. 119.070 1, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: A. Keep and maintain public records that ordinarily and necessarily would required by Monroe County in order to perform the service. I B. Provide the public with access to public records on the terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 1). Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronicall i must be i rovided to Monroe Counti in a format 5ROME 4. All other terms and conditions of this Contract shall comply with the Continuing Contract dated January 20, 20 10, and as renewed on November 20, 2013, which shall be made a part of this contract as if written herein in its entirety. IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: AMY HEAVILIN, CPA, Clerk OF MONROE COUNTY, FLORIDA IN By: Print Name Title: 10M RINM ma Mayor/Chairman On this _ day of 2014, before me, the undersigned notary public, personally appeared known to me to be the person whose name is subscribed above, or who produced as identification, and ainowledied that he/she is the ierson who executed the above Contract with Monroe County or V�� 1119111MMMIN] =WA MONS U10410-Mb I MX911JA 9 MINOR 101 1 JJJKFW4�� PINT011112 71147-1m My Commission expires: ■ An Robert G.Currie, 64IA Jess M.Sowards, AIA,LEEDAP Mc Kevin G.Wilson, P.E. Murray E. Nelson Government & Cultural Center 102050 Overseas Highway, Room 214 Key Largo, FIL 33037 Re: Hickory House Boat Ramp, Key West, Fl Project No. 140501 Dear Kevin: Please accept this as the basis for our proposal for professional services for the above referenced project site as requested in your email of April 28, 2014, and detailed below. The project generally consists ofthe preparation ofa conceptual design for anew pleasure boat ramp and on -site trailer and vehicular parking in accordance with Monroe County Growth Management requirements. The site is located at the intersection of Peninsula and Maloney Avenues in Key West, Florida, onaCounty owned lot ofapproximately one-half acre. The Architect will prepare no more than three conceptual schemes for review and comment and in the end deliver a final colored conceptual site plan with proper site data for presentation to the County Commission and others for further deliberations. In addition, an opinion of probable construction cost nfthe final rendition will beprovided. DESCRIPTION OF SERVICES The Architect will review any available information provided by the Owner, review the Land Development Regulations, and prepare a base plan for the preparation of up to three separate conceptual design schemes for review byCounty staff. Following staff review, xvewill implement any comments or revisions required and upon final acceptance a final conceptual design will be prepared, in color, and delivered tothe Client for use in public presentations. With the final rendition, an opinion of probable construction cost will be submitted. The following items are specifically excluded from this proposal but may be added if requested for additional fees: • Environmental surveys orabatement specifications • Boundary, topographic, or tree survey • Dock or Boat Ramp design • Abandonments, rezonings or any other land use modifications Architecture, Planning, Interiors, Sustainable Design • Geotechnica|aerxbes including percolation tests and soil borings m Site visits • Site plan approval process • Permitting through USODE,FDEP,SFVVK80,orother regulatory agency • Submittal or Agency review fees MM Fees for services described above, and per the original referenced email will be based on the firm's not to exceed amount of Six Thousand Five Hundred Dollars ($6,500.00) and No Cents, including reimbursable expenses for printing and reproduction. 1 Sincerely, CURR|ESOVVAROSAGU|LAARCHITECTS ()�f* Joa6 N. Agui|m, A|A, LEEDAP Principal 91 CURRIE SOWARDS AGUILA a rch it ects ARCHITECTURE: Principal $175.00 Project Architect $150.00 Project Manager $125.00 TECHNICIANS: Cadd Tech 1 $85.00 Cadd Tech 11 $65.00 MaMm"s 0 Office Support Staff $45.00 Client:1049. a CURRISGW DATE (MMI..-YYY) ACORD,. CERTIFICATE OF LIABILITY INSURANCE 08/19/2013 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 policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: USI Insurance Services, LLC, PHONE A1c. No 813 321-7500 Ac No 813 321-7525 1715 N. estshore Blvd. Suite 700 E-MAIL' Extp_ INSURER(S) AFFORDING COVERAGE NAI_C # Tampa, FL 33607 INSURERA- MSA Insurance Company 111066 INSURED INSURER B : Travelers Casualty & Surety Co 31194 Currie Sowards Aguila Architects Inc INSURER c : XL Specialty insurance Company 37885 185 NE 4th Ave S_INsuRER D : Suite 101 , INSURER E Delray Beach, FL 33483 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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, JSR AVULRif -_ 'SLruL�e.r crr ru�i�� cnr LIMITS .TR. TYPE OF INSURANCE _ INSR I D POLICY NUMBER (MMIDWYYYY .LMMIDDIYYYYJ _ A GENERAL LIABILITY BPG98835 08/17/2013 08/1712014 EACH OCCURRENCE $1 OOO 000 DAMAGE TO RENTED 540,000 X COMMERCIAL GENERAL LIABILITY PREMISES {Ea occurrence)— CLAIMS -MADE �� OCCUR NED GAP (Any one person) $5.000 PERSONAL & ADV INJURY $1.000,000 — - GENERAL AGGREGATE $2,000,000 _ - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AEG $2,000,000 _ POUCY.�. 11R�Q LOC $ _ AUTOMOBILE LIABILITY BPG98835 08/1712013 08117/201 GoMBINC0 S1NG E LIMIT $1,000,000 A SEa accident?_ J— ` ANY AUTO BODILY INJURY (Per person) — Ij ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS PR NON -OWNED OPER'CY DAMAGE i X HIRED AUTOS X AUTOS Per arodnnll _ UMBRELLA LIAR r.I OCCUR EACH OCCURRENCE — $ — EXCESS LIAB , CLAIMS -MADE ' AGGREGATE _ I.DEDI RETENTION $ WOR6CERS COMPENSATION ^ — WC STATU- LOTH B AND EMPLOYERS' LIABILITY X U 5436Y349 01/01/2013 01101/201 X� � I �IJ�- . ANY PROPRIETORIPARTNERIEXECUTIVE YIN N EL EACH ACCIDENT , $1.000 OOO OFFICERIMEMBER EXCLUDED? N I A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $1,000 000 IF yes, describe under DESCRIPTION OF OPERATIONS below _ E., DISEASE _POLICY LIMIT $1,0. 00,_000 C Professional DPS9711454 08/24/2013 0812412014 $2,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) A,(; 11 Professional Liability coverage is written on a claims -made basis. 8 Monroe County is an additional insured with respect to General Liability and Auto Liability. IDA CERTIFICATE HOLDER [:HryGtLLRI IUV4 SHOULDTIH ABOVEDESCRIBED Monroe County THE EXPIRATIONDATE THEREO NOTICE CANCELLED EWILL BE BEFORE Monroe 1100 Simonton St. ACCORDANCE WITH THE POLICY PROVISIONS. Room 2-216 Key West, FL 33040 AUTHORIZED REPRESENTATIVE e Aa- @ 1988-2010 ACORD CURPURAtIUN. All rights reservea. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD S10819832/10819821 KEBEW STATE OF FLORIDA OF PAR TMEN I OF SU Sl NESS AHD PROFESSIONAL. REOULATIC 4 BOARD OF ARGH ITEG TURE A INTERIOR DESIGN FLORIDA DEPARTMENT ".m. Ti OF -he A-1100IECT CORPORATION Narned batonfOCEA71FIED - Under Sea pioviment 01 Chsiplaf 481 FS BUSINESS AND CURPJE 53VA4S AGUILA ARC Ik `lQ', nC PROFESSIONAL REGULATION 165NE�=4UF.SUM401 DELM ' K)U63 LICENSES 0.2?rAl20 k 11 SV-Ck - LlflJ2d'.lcCtA" KEN LMVS� N RICK !X GI I A,, 66"ERiiaR MSPLAY AS REOUIRI'D UY LAW SFcFFTR STATE OF FLORIDA OEPARTWNT OF OU81MESS AND PRO F E S SIONA 1. REGULATION BOARD OF ARCHITECTURE & INTERIOR DESIGN The ARCHITECT Nand belom IS LICENSED Under im p Wiaions of C h 4811 FS. Gmpirawn F 9 0 28 .2391 CURRIE RMERTG 135 NE bH AVENUE. MTE 1011 DELRAY BEAM FL 33483 RICK SCOT? ISSUED GZASQ013 SE06 1,13=500014% KEN LAWSON 'ETARY SOVEPNOR DIE LAY AS REQUIRED BY LAW P STATE OF FLORIDA OF -PAR TMFNT OF 8 LISINESS AND PROFESSIONAL REGULATION BOARD OF ARCHITECTURE A INTERIOR DESIGN Iis -J Tti a -,,R C I I i TECT Numed bft. IS LICENSED Under in tY provisions of Chapter 4 B I FS E.farrapundwo FER28,2018 SOINAROS. JESS m MS NF 4TH AVE STE BUY 1e DELRAY BEACH ft S3483 Or RIC,, KOTT iAjFC DISPLAY AS REQUIREI) BY LAW STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESM MAL REGULATION BOARD OFARCHITECTURE 4 I?MRIOR DESIGN immmillmms— AW01 SAM NmTv" $MU)w IS LICENSED kkidar the Pi owim rm of ChapTer 4EI FS Exp*sma date rmza., AGUILA,403e'N 185 NE4TIlAV9lqUJE,1&LlM10I[ DELRAY BDC" rL 334931 i?ii,,K `: COT T 0!1,24211 Q 0 L I 4C r t3C4CRNOR r)l RPi AYA 1, R PC Ul P E U 8 Y k 'Wv 1 ST AMENDMENT TO CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHTIECT/ENGINEER P -- into this 20th day of November, 2013, in order to amend the Contract as follows: fflmrffirl� pursuant to Florida Statute 287.055 (2) (g) where services are to be rendered for projects in which the Dollars ($2,000,000.00), or for study activity if the fee for Professional Services for each individual study under the contract does not exceed Two Hundred Thousand Dollars ($200,000.00); and WHEREAS, the Continuing Contract stipulates that a separate contract for each project awarded to the Architect by the Owner be provided each with specific scopes of work, time schedules, charges and payment conditions, and additional terms and conditions applicable to that specific contract; and NOW THEREFORE, in consideration of the mutual promises, covenants and agreements stated herei and for other good and valuable consideration, the sufficiency of which hereby acknowledged , the Owner and the Architect agree as follows: I 1. The Continuing Contract for Professional Services dated January 20, 2010 and terminating on and terminating January 19, 2015. ]. The following shall beadded toArticle XV||ofthe original Continuing Contract dated January 20, a) 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 the Architect or other information to which the Architect has had access during the Term of this Master Agreement without the prior written approval of the County, during the Term of this Master Agreement and for a period of two (2) years after the termination of this ectLix the purpose of informing other clients and potential clients of the Architect's work 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 the Architect assert any exemptions to the requirements of Chapter 119 and related statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Architect. Failure by the Architect to cooperate with the County in connection with a Public Records request shall be grounds for immediate unilateral cancellation of this Master unchanged. I IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly authorized ;rips sentative on the day and year first written above. AttaStf.,AMI FAVILN, CPA, Clerk J AzA Z� Z_ Deputy Clerk 6 WITNESS to Architect's Signature: ft y�OWITNESSS Sig 6a Print Witness Name Date: , Is BOARD OF COUNTY COMMISSIONERS OF MONROE50UNTY, FL DA By: Mayor/Chairman ARCHITECT By: ur ' S aie rds Aguila Architects ie 4S MONROE COUNTY ATTORNEY PROVED AS TO FOR M'TILIEE ASSISTANT �F ,-ANT GOONTY A'V_K.)qJNEY ,L,T D " , I f! __ _1L_ CONTRACTFOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECUENGINEER THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER A1111 ARCHITECT/ENGINEER (the "Contract" or "Agreement") is made and entered into by Monroe County ("Owner" or "Countya political subdivision of the State of Florida, whose address is I 100 S imonton Street, Key West, Florida 3 3 040, its successors and assigns through the Monroe County Board Of County Commissioners ("BOCC"), and Currie Sowards Aguila Architects, the ( "Architect")., whose address is 134 NE I ST 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. kkomwWREM - ffl� M9 The professional services required by this Contract are to be rendered for projects in not exceed Two Million Dollars ($2,000,,000.00), or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand Dollars ($200,000.00). The parties shall enter into a separate contract for each project awarded to the Architect by the Owner. The specific services to be performed under these separate contracts will be determined by the Owner and agreed to by the Architect. Each separate contract will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions applicable to that specific contract. Architect will be eiri-m-f�ima?&m w�H 1�c 4i-itrib-v I have signed a continuing contract. The professional services required by this contract will be for services in the forin of a continuing contract, commencing on the effective date of this contract and ending four years thereafter, with options for Owner to renew on an annual basis for two additional years. The terms and conditions of this Contract shall apply to any separate contract, unless expressly modified in the provisions of the separate contract. Where the terms of this Contract differ from the terms of the separate contract, the terms of the separate contra shall take precedence. The separate contract will contain its specific scope of work and is anticipated by this Contract that the scope of work in the separate contract will be in addition to the scope of work outlined in this Contract I NOW, T HEREFORE, 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 OAqier and the Architect agree: By executing this Contract, Architect makes the following express representations and warranties tote Owner: LLI The Architect is a professional qualified to act as the Architect for the Project ani is licensed to practice Architecture/Engineering • all public entities having jurisdiction over the Architect/Engineer and the Project; 1.1.2 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; 1.1.3 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 prior to entering a separate contract for any specific Project. 1.1.4 The Architect shall prepare all documents required by this Contract including, but not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. The Architect warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional construction cost due to missing or incorrect design elements in the contract documents; 1.1.5 The Architect assumes full responsibility to the extent allowed by law with ............ A it, Vecard- 1.1-6 The Architect's services shall •" performed as expeously as is consistent with professional skill and care and the orderly progress of the Work. The Architect shall submit, for the Owner's and Monroe County Project Management Department's information, a schedule for the • of the Architect's services which may be a q f1h P . 11 11-11,11, 11 %croved by th- wner ' an le-t-iffix-w-usices for periods of time .• • the Owner's and Monroe County 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 • exceeded by the Architect except for • caused by events not within the control of the Architect or foreseeable by him. 1.1.7 In providing all services •......... to this agreement, the Architect shall abide •:...... 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, ordinance.s- rules 2nd rey qtiots h 11 •qtittite a m.�..terial • of t4is 2gr6jL&Lit . "n shall entitle the COUNTY to terminate this agreement immediately upon delivery of written notice of termination to the Architect. I Irl V SCOPE OF ARCHITECTIENGINFER'S BASIC SERVICA, 2.1 DEFINITION onsist of those described in Paragraphs 2.2 through 2.1.1 Architect's Basic Services c art f Basic Services, and include normal, civil, 2.6, and other services identified aspo structural, mechanical, and electrical engineering services• n shall include. but shall not necessarily be limited to, 2.1.2 The Design for Constructio describe all systems, elements. details, components, plans and specifications which des ion necessary for conad ction. The Design ion aterials, eqipmet, and other informat for construct Construction shall be accurate, coordinated and in all respectsquate an and shall be in conformity, and comply, with ail applicable law, codes, permits, d regulations. Products, equipment and materials specified for use sthhalle owner. be readilye available unless written authorization to the contrary is given by Th Architect shall be responsible for designing the Project in accordance with the analyses i-inical information furnished by the Owner . and recommendations ofthe geotec. 2.1.3 These services shall include, but not be limited to: Preparation atic and design , completion of the design program for space requirements and relationships, schemdesign development, preparation of contract documents for bids, preparation and advertisement f bids, recornmendation of contract awards, for Request for Bids, tabulation and review 0 . on. administration Of contract cost estimating during design and - document preparati w and consultation and on -site inspections during construction, revie -niLt documents, consult . cc, recommend approval of contractor Invoices, preparation and submittal of permit and presentations to the County applications, zoning applications, public presentations to be available to Perform the fission. Architect shall arrange his schedule in order -id w ith the Conum or for several projects if requested by COUNTY ai listed services for One n costs will not exceed the understanding that for any individual project the construction limits under F.S. 287.055 (2)(g). 2.2 SCHEMATIC DESIGN PHASE ru 2.2.1 The Architect shall review the County's program, ram, schedule and cost ction thPan budget furnished by the Owner to ascertain the requirementswith theof Ownerd shall arrive at a mutual understanding of such requirements e .roject ' 2.2.2 The Architect shall revi, with the owner and Monroe CountY Pr Management Department's proposed site use and improvements, required oJect , permits meat; and method of zoning, selection of materials, building systems and equipProject delivery. E 2.2.3 The Architect shall review with the Owner and Monroe County Project Management Department's alternative approaches to design and construction of the Proj ect. 2.2.4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 Upon completion of the Schematic Design Phase, the Architect shall providA &r in accordance with the schematic designs, and other documents for the Owner's approval and the Monroe County Project Management Department's information. 2.2.6 The Schematic Design must be approved in writing, by the Owner prior to Architect continuing to the Design Development Phase. Upon completion of the Design Development Phase, the Architect shall provide drawings, outline specifications and other documents for the Owner's approval and the Monroe County Project Management Department's information. The Architect shall provide an estimate of anticipated costs in accordance with the design development phase. 2.3.2 The Design Development Documents must be approved in writing, by the Owner prior to Architect continuing to the Construction Documents Phase. 2.4.1. The Architect shall provide Drawings and Specifications for the Owner's and the Monroe County Project Management Department's review. 2.4.2 The Architect shall assist the Owner and Monroe County Project Management Department in the preparation of the necessary bidding infon-nation, bidding forms, the Conditions of Contracts, and the forms of Agreement between the Owner and the Contractors. 2.4.3 The Architect's construction documents (plans, specifications, etc.) will conform to all written codes and regulations of the federal government, courity, 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 El denied, then the Architect will conform the construction documents in such manner to receive permits upon such plans. Work required from the Architect to conform the documents to federal, state, city, county, or agency specifications and pen -nit 2.5.1 The Architect, following the Owner's approval of the Construction Documents and the Architect's latest estimate of Construction is shall assist the Monroe County Project Management Department in obtaining bids or negotiated proposals and assist in preparing contracts for construction. 2.5.2 The Architect shall assist the Monroe County Project Management Department issuing bidding documents to bidders and conducting pre -bid conferences with prospective bidders. The Architect, with the assistance of the Mon -roe County Project Management Department, shall respond to questions from bidders, and shall issue addenda. I 9K4 "091 U 2.6.1. The Architect'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 Pro�i_ �for ■apment including the submission of all project close-out documents by the Architect and Contractor. The Architect will administer the Owner's contract as provided for in that document. The Architect agrees to perform a project check prior to the end of the warranty period as a part of the contract. The check shall not exceed one working day unless additional time is approved by the Owner. 2.6.2 The Architect shall at all times have access to the Work whenever it is in preparation or progress. 2.6.3 The Architect shall, as contemplated herein and in the Construction Contract, but not otherwise, act on behalf, and be the agent, of the Owner throughout construction of the Project. Instructions, directions, and other appropriate communications from the Owner to the Contractor shall be given to the Contractor by the Architect or Monroe County Project Management Department. 2.6.4 The Architect shall have authority, after notification to the Monroe County Pro - ject Manaaiement Dptartment to re�ect Work, which i6oes not conform to the Contrag) Documents. Management Department for the Owner's approval and execution in accordance with the Contract Documents. 2.6.7 The Architect shall require inspection or re -inspection and testing or retesting of the work, to include architectural/engineering, structural, mechanical and electrical enLt4ineerin %ortions of the work, in accordance with the %rovisions of the Construction Contract whenever appropriate. RIT -now alluall sa Maconcluct inspections to determine the dates ot �Substantial Uompletion and the clate of Final Completion, 2.6.11 The Architect shall render -written decisions within a reasonable time on all clairns, disputes or other matters in question between Owner and Contractors relating to the execution or progress of the Work as provided in the Contract Documents, ga111 M.Iffew-mv-11164 Eke m n m"s I If L1 2.6.13 The Architect shall be a representative of and shall advise and consult with the *Pwzw (I )L4w-'ng -ww(r-motai umitf il fi--Jd• Basic Service at the Owner's direction from time to time during the correction period described in the Contract for Construction. 2.6.14 The Architect shall transmit to the Owner all manuals, operating instructions, as - built plans, warranties, guarantees and other documents and things required by the Construction Contract and submitted by the Contractor. 2.6.15 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.6.16 The Architect shall make available to the Owner any personnel or consultants employed or retained by the Architect for the purpose of reviewing, studying, analyzing or investigating any claims, contentions, allegations, or legal actions relating to, or arising out of, the design or construction of the project. 2.6.18 The Architect shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Architect or its consultants, or both. 2.6.19 The Architect must reimburse the Owner for any added costs paid by the Owner during construction that were incurred as the result of any omission, deficiencv, or conflict in the work product of the Architect, 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. ARTICLE III F&J)11111&1 il 3.1.1 The services described in this Article III are not included in Basic Services. They shall be paid for by the Owner as provided in this agreement as an addition to the compensation paid for the Basic Services but only if approved by the Owner before commencement, and as follows: A. Providing services of Architect for other than the previously listed consultirm scope of Project provided as a part of Basic Services. I B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted consulting practice. C. Providing representation before public bodies in connection with the Project, upon approval by the Owner. 3.2 If Additional Services are required, such as those listed above, the Owner shall issue a letter requesting and describing the requested services to the Architect. The Architect shall respond with fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the Owner proceed with the Additional Services. 0 ARTICLE IV -W • -JU -W 4.1 The Owner shall designate Monroe County Project Management Department to act on the Owner's behalf with respects to the Project. The Owner or Monroe County PrgJect 'i-fi�elv viallT! LIT - in oraer to R71TV LITUTICouluic ucia:T in ME IMETV and sequential progress of the Architect's services. However, the parties acknowledge that due to Monroe County Policy, Ordinances or State or Federal Statute there may be times when a decision must be made by the BOCC, in which case any delay shall not be attributed to Monroe County or its representative. i1m. "187M Una xTrPlidge ve,�,WaIXIIL LO UIC �'IXUACCL 11 Lne3 0 11 41117 I&It L of I C the Project or non-conformance with the Contract Documents. 4.3 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's services and work of the contractors. 4.4 The Owner's review of any documents prepared by the Architect or its consultants shall be solely for the purpose of determining whether such documents are generally consistent with the Owner's criteria, as and if, modified. No review of such documents -IWUWr Ii izviW!liA*tr or coordination of its work product. ARTICLE V 5.1 The Construction Cost, if applicable, shall be defined in a contract for the specific Project. ARTICLE VI 6.1 The Architect covenants and agrees to indemnify and hold harmless Owner/Monroe County and Monroe County Board of County Commissioners 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, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Architect or its SubcontractorW,,, occaoi,.wjwn#-Wsjp the n•liyw of the Architect, their employees, or agents. 1 1 I N 0) W-10DW-1=10 I L42 I I Eq IN 4 1 YAM ra I I I Rms or-WIMM 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 shall indemnify him from all iL%i4y -jrff-&-IL.4u&ewl--erAefend—a—ni,, claim or action on the County's behalf. 6.3 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 harn-Jess and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the County's behalf. 6.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 6.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VII 7.1 PERSONNEL The Architect shall assign only qualified personnel to perform any service conceining the prcj ect. Terms of payment will be governed by state guidelines and/or hourly rates to be approved by the County. Hourly rates are provided in Exhibit A and subject to annual affirmation. Details of payment will be set out in the specific separate contract. 8.2 REIMBURSABLE EXPENSES Shall be negotiated and agreed to prior to award of the separate contract, but only to the extent and the amounts authorized by Section 112.06 1, Florida Statutes; however prior to incurring any expense written approval for any reimbursable expense must be obtained from the County. 8.3.1 The Architect may not be entitled to receive, and the County is not obligated to pay, any fees or expenses in excess of the amount budgeted for this Agreement in each fiscal year (October I- September 30) by County's Board of County Corrunissioners. The budgeted amount may only be modified by an affirmative act of the County's Board of County Commissioners. 8.3.2 AVAILABILITY OF FUNDS. If funding cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified in this Contract or in the separate contracts for individual projects, the agreement may be terminated immediately at the option of the County by written notice of termination delivered to the Architect. The County shall not be obligated to pay for any services provided by the Architect after the Architect has received written notice of termination, unless otherwise required by law. 8.3.3 The County does not guarantee Architect any specific amount of work or contracts under this agreement. The parties shall enter into a separate contract for each project awarded to the Architect by the County. The specific services to be perfon-ned under these separate contracts will be determined by the County and agreed to by the Architect. Each separate contract will contain specific scope of work, time schedule, apitlicable to th,1- specific contract. Architect will be chosen pursuant to County policy and work will be -tistributed among all contractors who have signed a continuing contract. `')`.3.4 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 zpproval of the Board members at the time of contract initiation and its duration. Fj m 0 ca M " 9.1 APPLICABLE LAW 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 i:n-g -4cir County, Florida. The Parties waive their rights to a trial by jury. EM I [a a 0M 10.1 The Drawings, Specifications 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, Specifications 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. 10.1.2 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. lu 10.1.3 The As -Built drawings and specifications may be furnished by the Architect 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. I i [M[Mi � 11111 RIM-41 11. !�W 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. Ufa I am I I I I INA ON] d I MaM a I MIN" OWN I I % I Mwfil�� 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 hal I 'te th.vt of ind "Ti tdent_v,*7ftraV_tAv1 ARTICLE XIII 13.1.1 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. 13.1.2 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. 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. Comprehensive business automobile and vehicle liability insurance coveritz claims for injuries to members of the public andJor damages to property others arising from use of motor vehicles, including onsite and offsi operations, and owned, hired or non -owned vehicles, with One Hundr Thousand Dollars ($100,000.00) combined single limit and One Milli Dollars ($1,000,000.00) annual aggregate. I 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 Architect or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Independent Contractors; Broad Form Property Damage and a Contractual Liability Endorsement with One Hundred Thousand Dollars ($100,000.00) per occurrence and annual aggregate. a, E. Professional liability insurance of Five Hundred Thousand DollJ ($500,000.00) per claim and One Million Dollars ($1,000,000.00) annu I aggregate. If the policy is a "claims made" policy, Architect shall mainta coverage or purchase a "tail" to cover claims made after completion of t 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 subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of Architect if s* required by County during the term of this Agreement. County will not pay for increased limits of insurance for subconsultants. M H. Architect shall provide to the County certcates 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. MUM I I DI -.4a I le 14.2 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 verificatio-t. 15.2 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 awaxded or perforin 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. 16.1 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 M 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. 16.2 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. 16.3 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. 16.4 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. 16.5 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 5 arbitrate a dispute which may arise under this Agreement. ARTICLE XV11 dyiiftkiif I ei &Tu rf diri u-rf i -: arl 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 pm-kM* tr�ik A Ims: fir W I 1Jr1r1W7WM-TM f 171 Agr4wn-WM=- , liv rgotri 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 IE! of any other administrative or legal proceeding, pursuant to Section XVI ofthis agreement. 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. e) 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. f) 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 Comity 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. County and Architect agree that all disputes and disagreements shall be attempted to be resolved under Section XVI 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 IR 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. Counti. and Architect igicificall jj jjti to 1 11" AQ-r I lit shall 'se re4llil-f-ii ■ M 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. 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. in) No Solicitation"Payment. The Architect and County warrant that, in respect to itself, it has neither em�ployed nor retained an,,,Lc-Qmicany or Oterson other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it a has not paid or agreed to pay any person, company, corporation, individual, or firrn, 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 wver, tlwa6i "a• commission, percentage, gift, o consideration. n) Public Access. The Architect and County shall allow and permit reasonable access to, and insitection of', all documentsletters 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. 0) Non -Waiver of Immunity. Notwithstanding he provisions of See. 286.28, Florida Statutes, the participation of the Architect and the County in this Agreement and the ac*uisition of an-ki commer ial liabilita insurance covera[Ne ` self-insurance coveraw, or local government liaty 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 liabty, 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 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 anv n.vTticillar individual or groa-t. of individuals, e-ttitL M 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 shalt 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 singing any such counterpart, KI 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. IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) Attest: DANNY L. KOLHAGE, Clerk By: aaa Deputy Clerk '.'POE COUNT'Y ATTOr'.''l- PROVPD P,S T(D N T LEE'c. L ASSISTANIT ao WITNESS TO Architect's Signature: Date: I -Z!-" t-"-2-- 09 B*AAD 10F COUATY C*MMISSMITERIS OF MONROE COU FLORIDA By- Mayor/Chainuan DZ. ARCHITECTS By: III os6e 'U"I la, AA, Principal Date: VZ ( 11-7� (I In WMUMEUM�� mmsmm� SECTION FIVE & g 01104#1010PI 0 . L $500,000 per occurrence/ $1,000,000 Aggregate DEMNIFICATION AND HOLD HARMLESS FOR CONSULTAN ffllmxmmmmm� The Architect/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 anp kind ', includinN affornep's fees., court costs and ex,%enses. which arise out of, in connection with, or by reason of services provided by the Architect 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/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 of the Architect/Consultant's failure to purchase or maintain the required insurance, the Architect/Consultant shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COLTNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the Architect/Consultant, the Architect/Consultant agrees and warrants that Architect/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/Consultant is consideration for the indeninification provided for above. In The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements Currie Sowards Agulla Architects Respondent 9= INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the respondent named above. The following deductibles apply to the corresponding policy. General Llablilty - MSA insurance Company/Policy #BPG31784 /V& A C' Automobile Liablift - MSA Insurance CompanytPolicy XBPG31784 None, Workem Comp - Travelers Casulaty & Sur!YlPollcy #UB5436Y34 Neo t Liability policies are A Occurrence X Claims Made CIR'.-G-4sio"Al Insurance Agency I J)f'#rw"P-A Signature we 41, 1 jig 111T.03 millre o The Submission Response Forms V o Lobbying and Conflict of Interest Clause wl o The Non -Collusion Affidavit V o Drug Free Workplace Form V o Respondent's Insurance and Indemnification Statement wl o Insurance Agent's Statement V o Professional and Occupational Licenses V Professional Licenses: os6 N. AZ-:uila, Occupational Licenses: Currie Sobe-ft-AG-.Curriiii?i 1114,31-13s. �1011;. Mfl a* a-r-e-In F * t fev-dr-e-nfM Mailing Address: 134 N. E. I st Avenue, Delray Beach, Florida 33444 I - iall- .1 Date: December 22, 2009 Signed: Jose N. Aquila, AIA (Name) Principal/Secretary (Title) Fax- 561-243-8184 Witness: SWORN !_� •' 1 1 MONROE COUNTY,FLORIDA 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". M%4 Principal [Sign ure} . M PVFTIRAFIJCF• • •W.Iff qmmfl•� by Jos6 N. Aguila, AIA He is personally known to me. NOTARY PUBLIC My commission expires: t t t t t +, OFFIdRI��•• "0tttt$ Vallem."AWA16MU MOW WIN I to] Kyj [a] KI I N1 Wall Wil Lei ISM 103 1 1 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. YOP;46�� above requirements. / Ras Signature December 22, 2009 W. 111 to] L, moll] 11111111[1161 IQ k, W-1122 I 1, Jos6 N. Aquila, AIA of the City of Delray Beach, Florida according to law on my oath, and under penalty of perjury, depose and say that: A I am Secretary/Principal the bidder making the Proposal for the project described in the Request for Qualifications for'. Continuing Contract for Professional Services by Architectural/Engineering Firms or Individuals 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. December 22, 2009 (S Hato gfAbspondent) (Date) ny_,W1 r• 1 1# 1 PERSONALLY APPEARED BEFORE ME, the undersigned authority, Josd N. Aguila, AIA who, after first being sworn by me, affixed his/her signature in the space provided above on thl 22nd day of December 2 O-g ■ .11 OWN C'yU11RRIE 9 SOWARDS * AGUILA * ARCHITECTS F.0tW-ft • CAUde, r" Jew M. Somaids, " JoiO- N. A&ft% " 70-yumu= Principals $175.00 Project Architect $150.00 Project Manager $125.00 CADD Level 1 $ 85.00 CADD Level 11 $ 65.00 Clerical $ 45.00 ye Celebrating our 40th , ar! 'f,rCJJJt(..4Ctm . iW • *AJ 134 roftemst PIM Avenm - DdnW BewJL rwdft 33444 - 561-276.49si • pax. 561-243a184 • www.caa-aachitects.com �fx is