The URL can be used to link to this page

Item C09Meeting Date: June H. 2014 Division: Public Works/Engineering Bulk Item: Yes X No Department: Proiect Management AGENDA ITEM WORDING: Approval of a First Amendment to Contract for Professional Services with Bender & Associates Architects, P.A. for the renovation of the community meeting room at the W. Martello Tower. This is a TDC funded project. ITEM BACKGROUND: The Historical Architectural Review Committee (HARC) was involved, for a nominal fee, in the review and approval of the plans for renovations of the meeting room. Bender & Associates paid the fee to HARC. This First Amendment is adding language to the contract with Bender & Associates allowing reimbursement for all fees incurred for securing approval of authorities having jurisdiction over the project. PREVIOUS RELEVANT BOCC ACTION: On January 20,2010 the BOCC approved a Continuing Services Contract with Bender & Associates Architects, P.A. for projects in which construction costs do not exceed $2,000,000.00 or for study activity if the fee for professional services for each individual study under the contract does not exceed $200,000.00. On November 20, 2013, the BOCC approved a ear," nurn4wknPowi January 20, 2014. On December 11, 2013 the BOCC approved a contract with Bender & Associates Architects for the renovation of the community meeting room at the W. Martello Tower. CONTRACT/AGREEMENT CHANGES: Adding language to include as a reimbursable expense thefollowing: All fees incurred for securing approval of authorities having jurisdiction over the proj ect. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $50.00 INDIRECT COST: UDGETED: Yes X No 1011010104 i 11;� i REVENUE PRODUCING: Yes— No AMOUNT PER MONTH Year , e')u 16-11 (f) 1--- APPROVED BY: County Atty 1-OMB/Purchasing — Risk Management . J IL-� DOCUMENTATION: Included X Not Required 5M 04904WE" 1garLm', jlliir��gj�t r1� CONTRACT SUMMARY Contract with: Bender & Associates Contract 4 Effective Date: 12/11/13 Expiration Date: Contract Purpose/Description: First Amendment to Contract for the Design through Construction Administration of the Community Meeting/Event Room Renovation at the W. Martello Tower. Contract Manager: Ann Riger X4439 Project Mgmt/Stop 41 (Name) (Ext.) (Department/Stop for BOCC meeting on 06/11/14 Agenda Deadline: 05/27/14 CONTRACT COSTS Total Dollar Value of Contract: $ 12,050.00 Current Year Portion. $ 12,050-00 Budgeted? Yes Z No F1 Account Codes: 117-77040-530340-TM47805X-530340 Grant: $ County Match: $ ADDIT10NAL COSTS Estimated Ongoing Costs: $-/yr For: (Not included in dollar value above) (eg. maintenance, utilities, C5 - Risk Management _J U� O.M.B./Purchasing �-7-3 1,/ County Attomey5ji t L4 CONTRACT REVIEW Changes Needed Re I 'Wet, YesEl NoEEE11. Yes[] NoEl YeSE NoEl itorial, salaries, etc. Yes[:] Nola�A �It2-1 Date Out CONTRACTFIRST AMENDMENT TO PROFESSIONAL BETWEEN OWNER AND ARCHITECT/ENGINEER FOR MAMIT r FIRSTTHIS BETWEEN OWNER AND ARCHITECT/ENGINEER ("Contract" or "Agreement") for txxr,-rr—rf # # Florida,# between MONROEor and BENDER & ASSOCIATES ARCHITECTS, P.A. ("Architect") is made and entered into order to amend the Contract WITNESSETH WHEREAS, partiesanuary# into a Continuing projectsContract for # construction costs of # rproject underdoes notfor activity if the fee # professional# each individualunder Hundreddoes not exceed Two Thousand WHEREAS,November Amendment # Contract renewinN the Continuing Contract for the first of two one-year periods effective January 20, 2014 and terminating January 19, 2015; and i,roiessionai Services Toror _ . Tco Fort in Key West to support activities and funding opportunities for the Historical West Marte',. # Fort as well as the Garden Club; and • ♦ * r ris 0 review and approval of _ plans _ West Martello Fort prepared by the Architect for a nominal fee; and WHEREAS, neither the Continuing Contract dated January 20`h, 2010 or the Contract for Professional Services dated December 11th, 2013 allow for reimbursement of expenses for the fees incurred for securing approval of authorities having jurisdiction over a project; nowtherefore CONSIDERATIONFN r . `nts stated herein, and for other good and valuableconsideration,_ # acknowledged, the Owner #,, Architect agree: Paragraph 3 of . Contract for Professional includeshall as a Reimbursable- the following: All fees incurred for securing approval of authorities having jurisdiction over the project. 2. All other terms and conditions of this Contract shall comply with the Contract Professional Services dated December 11, 2013, the Continuing Contract dated January 20, 2010, and as renewed on November 20, 2013, which shall be made part of this Contract as if written herein in its entirety. I 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: AMY HEAVILIN, CPA, Clerk 51 an Deputy Clerk Mayor/Chairman BENDER & ASSOCIATE TI'CTS, P.A. By: Print Name : ar- MONROE COUNTY ATTORNEY Title: PPROVED AS TO FORM - Date: (3 A IS, ASMc�-,',-1'ANT CO, A-T-rCRNEY STATE OF FLOWDA COUP -' i) On this 1 day of c 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, the 'person who executed the above Contract with Monroe County for Professional Services for the West Martello Meeting/Event Room Renovation, for the purposes therein contained. VOTARY PUBLIC My Commission expires: DAiINAD.KATLe CONTRACTFOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT/ENGINEER FOR or --Agreem=e and entered into by MONORE COUNTY BOARD OF COUNTY COMMISSIONERS (the "Owner" or "Countya 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 ("BOCCand BENDER & ASSOCIATES ARCHITECTS, P.A. (the "Architect"), whose address is 410 Angela Street, Key West, Florida 33040, its successors and assigns. P&111-2 I 9DON 1: WHEREAS, on the 201h day of January 20 10, the parties entered into a continuing contract for Professional Services, pursuant to Florida Statute 287.055 (2) (g) where services are to be rendered 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 L1,36MMINWAILIN"s "101 Hamm F&MIN two one-year renewais wnicn win communul on januari 2.111, Lit, P, 771 W 'I", 19,2015;and 1T^A'E?E-M—,Tffe—&—ey 1-T —esMarUe-n—(-- =urequestea a renovation to ine L1D&-PV*M the West Martello Fort to support activities and fund- 'ng opportunities for the Historical West Martello Tower Fort as well as the Garden Club; and WHEREAS, the Tourist Development Council (TDC), has appropriated funds to upgrade t existing meeting room for the fiscal year 2014; now therefore I other good and valuable consideration, the sufficiency of which hereby acknowledged, the Owner an1 the Architect agree: Nepair and upgrade the existing meeting roorn in the center courtyard to support community activities and funding opportunities. Provide new insulation, new windows �-Jfical_uLtcgrades, and ADA comfliance as we as is :z to enhance the opportunity for the Historical Fort and Garden Club to sponsor conferences, receptions, and meeting events as possible fund raisers and advertising opportunities. 2. PAYMENTS The fee for Professional Services shall be a lump sum fee of $12,000.00 billed at the end of each of on a percentage complete basis for the following phases: • Design Phase $4,600.00 • Construction Documents 1,560.00 • Bidding 880.00 • Construction 3,560.00 • Sub -consultants 1,00.0 Total $12,000.00 3. REIMBURSABLE EXPENSES Allowable reimbursable expenses are as follows: sealed sets, ■ one electronic copy. ■. and models requested by the County 4. SCHEDULE The Architect shall perform his services as expeditiously as is consistent with professional skill and care and the orderly progress of the or. This contract shall terminate upon completion of Construction of the community meeting/event room renovation. The Architect shall have in place and active the insurance requirements in the continuing contract and all insurance related obligations as set out in the continuing contract. 6. The Architect is professionally qualified to act as the Architect for the Project and is licensed to provide the designated services by the State of Florida having jurisdiction over the Architect and the ■ 7. The Architect assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit by January 31, 2014, a i�� 1� I 11,11gMMMM= schedule for the performance of the Architect's services, The schedule shall be approved by the County and may be adjusted as the project proceeds if approved by the County. The schedule shall include allowances for period of time required for the County's review, and for approval of submission/adjustments by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the County may not be exceeded by the Architect except for delay caused by events not within the control of the Architect or foreseeable by him. 8. All other terms and conditions of this Contract shall comply with the Continuing Contract dated January 20, 2010 and renewed on November 20, 2013. N IN IFITNEI- SS VHEREOF, each party caused this AgreemerAtO be executed by its duty authorized representative on the day and year first above written. Attest- AMY HEAVILIN C.P.A, klerk OF MONROE CO UN TY :,Oltl DA Z. 4;L ]alkWAA By: By-, Deputy Clerk Mayor/Chairmaii Witness to Architect's Signature By: \VfTNESS Signature �WJIITIL Witness Name BENDER &ASSOCIATES ARCHITECTS, P.A. By: �1911atuk--C- �-ate Agent Print Name of Corporate Agent Date: I I-. Is -zv 1 -�s COUNTA OF MONROF On fibs" aily of " Q � 2013, before me, the undersigned nouiry public, personally appeared . known to me to be the person whose name is subscribed above and acknowledged that he is the person who cxcculcd the above Contract with Monroe County for Professional Services for the West Martello Meeting/Event Room Renovation, for the purposes therein contained. MONROE COUNTY ATTORNEY OPRC�VEO AST FPM-. D 0 I/K -- DAINA D, KATUBI leg, 6, Q KiiASSEEL NOTARY PUBLIC �A m Commission # Do 957400 •Exoms Febivary 5,2014 WWITMI-r COUNTY ATTORNEY My Commission expires: Dalo.- , . . A , 0 0 is , I a 6 - 0 11 rq rq cq r4 1 U) OH HP4 (Apa m Pr4H 0 Ck U. U. UJ fnp 1-4 HO 04 94pa0 CA r-4 0 o ko 44 OD ON H E) 0 1-4 —1 V) E-4 H Hd ri Id 04 E-4 lo: WAA-rq u 41 43 ad 14 rim MRPM Cc Ln sr r4 N rl Cq 14 uj z U) 0 H E-1 z o CH .0 M MR R o LL 0 UA ME4 44 0; CO H 0 N. Pa., 04 HMM - 9 ' N o K ;.4 OL) to calm -rq a) to 0 Id to 0 04 U 43 0 ED to !Z.pq 9`42: A 43 43 go � '0 14 54 pq rq Pa H z 0 Pa 0 I I BENDAS-01 ZGONZALEZ DATE (MMIDDJYYYY) CERTIFICATE OF LIABILITY INSURANCE 1 2/10/2014 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 CONTANAME: CT Zoraida Gonzalez Collinsworth, Alter, Fowler & French, LLC PHONE FAx 8000 Governors Square Blvd _rAr_c, No,.EAtI. (305) 822-7800 __iAdC. No): (305) 362-2443 Suite 301 o EMAIL z nzalez caffllc.com Miami Lakes, FL 33016 ADOREss_ g _ Bender & Associates Architects, P.A. 410 Angela Street Key West, FL 33040 INSUREt(S) AFFORDING COVERAGE NAIC p INSURER A: Phoenix Insurance Co j2562 INSURER B: Travelers Indemnity Company .25658 INSURER C:Travelers Casualty and Surety Company of America INSURERD:RLI Insurance Company 13056 INSURER E : INCI IRFR F r1r1 I:PAC-CC !'CpTIrIr'ATI= KII IMRFi7• RFUICifiN loll IflARFR' 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^ IA-DOL1$110R' LTR TYPE OF INSURANCE RWVDPOLICY POLICY EFF POLICY EXP I NUMBER MM1DDIYYYY MMIDDffYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE ? 1,000,000 A • X COMMERCIAL GENERAL LIABILITY X 660817BX318 1/1012014 2/10/2015 �A-'V'A`'E r0 RPNrEIS PREMISES (Ea ocaurrerrce) __ $ 300,000 ? CLAIMS -MADE X !OCCUR I MED ESP (Any one person) 1 $ 5,000 PERSONAL & ADA INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIE_ S PER: PRODUCTS - COMPIOP AOG { $ 2,000,000 POLICY X FRO- I � LOC AUTOMOBILE LIABILITY _ COMEINEJ SINGLE LIMIT (Ea acclda nil $ 1,0®® 000 A X ANY AUTO X BA8179XI55 211112014 2/10/2015 . BODILY INJURY (Per personl F ALL OWNED SCHEDULED BODILY INJURY (Per accident) AUTOS _ :AUTOS NONOWNED...PROPERTY X X DAMAGE •� $ HIRED AUTOS AUTOS (Per arodenl) _ _ I X UMBRELLA LIAB X OCCUR I_ EACH OCCURRENCE $ 2,000,000 g 11 Excess uAe { CLAIMS -MADE] CUP3763T175 2J1012014 2J1012015 AGGREGATE $ — DFD ;• X I RETF_NTIONS 10,0001 1 'Aggregate $ 2,000,000 WORKERS COMPENSATION X (, TOR S l MILS OTR _, AND EMPLOYERS' LIABILITY C ANY PROPRIETORtPARTNERtEXECUTIVE YIN UB3704T808 2/10/2014 211012015 EL EACH ACCIDENT $ 600,000 OFFICERtMENIBER EXCLUDED? [N] N 1 A (Mandatory in NH) EL DISEASE - EA EMPLOYEE $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E L DISEASE -POLICY LIMIT $ 500,000 D Professional Liab RDPOO13858 2110/2014 2/10/2015 Each Claim 2,000,000 D Claims -Made Basis I IRDP0013858 2110/2014 2/10/2015 Annual Aggregate 11 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Professional Liability Retroactive Date 01105/1993; Professional Liability Deductible $15,000 Each Claim Monroe County Board of County Commissioners is an additional insured on the General & Auto Liability excluding professional services. APP RI5 P CEMENT V D T N1gIVE NlA. M UtK I IN14A 1 t MULutrc Monroe County Board of County Commissioners Attn; Project Manager 1100 Simonton St., Room 2216 Key West, FL 33040 WArall THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY• ■ AUTHORIZED REPRESENTATIVE O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CITY Of -t!CEY WEST, FI-JORIDA ® Tax Receipt This Document is a business tax receipt Holder must meet all City zoning and use provisions. P.O. Box 1409, Key West, Florida 33040 (305) 809-3955 Business Name BENDER & ASSOCIATES ARCHITECTS CtlNbr:0001702 Location Addy 410 ANGELA ST Lic NBR/Class 14-00009562 SERVICE - PROFESSIONAL Issue Date: September 10, 2013 Expiration Date:September 30, 2014 License Fee $309.75 Add, Charges $0.00 Penalty $0.00 Total $309.75 per: CRAVER lype: QC Drawer: I 9/11/13 54 eceipt no: 105464 Comments: ARCHITECT 2014 9562 Tlij.s document must ne prominent 2963469 11404 $309.75 BENDER, BENDER & ASSOCIATES ARCHITECTS Trans date: 9/11/13 Ties: 9:42:52 410 ANGELA ST KEY WEST FL 33040 2013 / 2014 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2014 Owner Name: BERT BENDER Mailing Address: 410 ANGELA ST KEY WEST, L 33040 Tax Amount Transfer Fee 1. Sub -Total Penalty L30.00 0.0030,00 1 RECEIPT# 46110-63601 Business Location 410 ANGELA ST KEY WEST, FL 33040 Business Phone 305-296-1347 Business Type: PROFESSIONAL (ARCHITECT) II: STATE LICENSE: AR0011082 Prior Years I Collection Cost Total Paid 0.00 0,00 30,00 THIS BECOMES A TAX RECEIPT Danise 0. Henriques, CFC, Tax Collector THIS ISONLY A TAX. WHEN VALIDATED ED Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY ARTOOR MUNICIPALITY PLANNING I" AMENDMENT TO CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHTIECT/ENGINEER ilm This First Amendment to Contract (herein after "Amendment") between owner and Arch itect/Engine ("Owner" or "County") and Bender & Associates Architects, P.A. ("Arch itect/Engineer") is made and entered into this 201h day of November, 2013, in order to amend the Contract as follows: I 11,F87E&YA-S, o n i a n u a rj, Zrill-,2111 01) P-dTTI-- pursuant to Florida Statute 287.055 (2) (g) where services are to be rendered for projects in which the —.2159IM11I $1111T."I "111TUNII TIT _no 'FTMELM 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 herein, and for other good and valuable consideration, the sufficiency of which hereby acknowledged, the Owner and the Architect agree as follows: 1. The Continuing Contract for Professional Services dated January 20, 2010 and terminating on and terminating January 19, 2015. 411 . . . . . . . . . . . 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 i cr�wi �_wrk ovovided by the Architect for the purpose of informing other clients and potential clients of the Architect's work M�.�,vm- ffamm" b) 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 in all other respects, the original Continuing Contract dated January 20, 2010 remains unchanged. IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly authorized representative on the day and year first written above. (SEAL) AtteW AMY HEVIL, CPA, Clerk aidpy: Deputy Clerk M=_ V By: WITNESSS Signature Print Witness Name Date: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, F5RIDA pp /0 By: Mayor/Chairman ARCHITECT BY: Bender & Asseiarc-!_s"Architects, P.A. MONROE 00INTY ATTORNEY I !,VPRO-, ED AS fO 1791)IM: NAlh rA:r1V W CASSEL l'Y ATTORNEY CONTRACTFOR PROFESSIONAL SERVICES ffEETWEEN OWNER AND i ! THIS CONTRACT y! PROFESSIONAL i T i" i i CountyARCHITECT/ENGINEER (the "Contract" or "Agreement") is made and entered into by Monroe r' political subdivisionof of Florida, throughwhose address is 1100 Simonton Street, Key West, Florida 33040, its successors and assigns i ie County Board Of i i' and Bender& Associates Architects,P.A.. the( "Architect")., whose addressAngela St. Key West, FL 33040, its successorsand assigns. contract. The professional services re# 1 by i Il. to be # for projects 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). 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 bOwner and.gto by ^i. 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 have signed a continuing contract. The professional services rer 1 by i be i of contract,continuing r +_ on date of i _ and ending # years thereafter, with options Owner to renew on basis foradditional The terms and conditions of .# to any •.contract, expressly#i # in the provisions of . rcontract.of differContract r of of 1. shall take precedence. The separate contract will contain its specific scope of work and it is anticipated by this Contracti;! of work• i be addition to the scopei outlined in this Contract i r iIt # 1- ! # # r # # r i warranties to the Owner: 1.1.1 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 i the ► i Architect1.1.2 The necessarypermits or other # # 2&� _U tIIW0-A-rJzVJ hereunder have been fully satisfied; 1.1.3 The Architect shall becomeProjecti the # conditions under which the Project is to be designed, constructed, and operated prior t entering a separate contract for any specific Project. • i i i i I .1 #i' i f i t 1.1.6 The Architect's services shall be performed as expeditiously 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 performance of the Architect's services which may be adjusted as the Project proceeds if approved by the Owner, and shall include allowances for periods of time required for the Owner's and Monroe County 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 #y the Architect except for• by i control of or foreseeableby him. 1.1.7 In providing all services pursuant to this agreement, the Architect shall abide by all statutes, ordinances, • regulations pertaining to, or ■ COUNTYshall entitle the # terminate this agreement immediatelyr• delivery of noticewritten of Architect. e 2J.1 Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6, and other services identified as part of Basic Services, and include normal, civil, structural, mechanical, and electrical engineering 2.1.2 The Design •r Construction shall include,not be # to, plans and specifications which describe all systems, elements, details, components, equipment, r other infon-nationconstruction. Design i Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity,1 comply,applicable i '.. permits,#'. availableregulations. Products, equipment and materials specified for use shall be readily • to the # given by Architectbe responsible fordesigning the Project in accordance and recommendations of the geotechnical information# by the Owner. include,2.1.3 These services shall but not be r to: Preparation # completion of the design program for space requirements and relationships, schematic design, design development, preparation of contract documents for bids, preparation and advertisement for Re�;-uest for Bids tabulation and review of bids. recommendation of contract awards cost estimating during designa document preparation, administration of i documents,i • and • inspections during construction,and recommend approval of contractorinvoices,preparation an# submittal applications,• ii r a.lic presentations r presentations to the County listedCommission. Architect shall arrange his schedule in order to be available to perform the services forone or r requested by i' and with the understanding that fora project the constructionnot i the � 1 " WT rolls &W-MIWO soots i :' 1 . / 2.2.2 The Architect shall review with the Owner r Monroe County Project Managementr proposed # improvements,/ permits, zoning.of # r # • i i r Project. 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 provide drawings, outline specifications, estimate of anticipated cost in accordance with the schematic designs, and other documents for the Owner's approval and the Monroe County 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. lic 1pr WaN - IN I M-i 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 t Monroe County Project Management Department's review. I 2.4.2 The Architect shall assist the Owner and Monroe County Project Management Department in the preparation of the necessary bidding information, bidding forms, the Conditions of Contracts, and the forins of Agreement between the Owner and the Co*ttractors. 2.4.3 The Architect's construction documents (plans, specifications, etc.) will conform to all written codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to receive all permits when applied for. If pen -nits are denied, then the Architect will conform the construction documents in such manner to receive permits upon such plans. Work required fromto conform documents to federal, state, city, county, or agency specifications and permit preparing contracts for construction. 2.5.2 The Architect shall assist the Monroe CountyProject •' Department issuing bidding documents to bidders i conducting pre -bid conferences prospective bidders. The Architect, with the assistance of the Monroe County Project Management Department, shall respond to questions from bidders, and shall issue addenda. CONSTRUCTION2.6 CONSTRUCTION PHASE - ADMINISTRATION OF TH-01 r ACT 2.6.1.Architect'sresponsibility i provide i.sic Services fy ConPhase under this Agreement commences with the award of the Contract for construction and terminates with the issuance to the Owner of the final Pro�e�--�AW_ca&ii �v. —gc4v 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 struction # approved by 2.a all i the Work preparation or #• Documents.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 a - ppropriate 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 Project Management Department to reject Work, which does not conform to the Contract M'IN Ke • i ! ,•f 1i •, 2.6.15 The Architect shall not have control over or charge of and shall not be responsible for ♦nstruction means, methods, techniques,f or procedures, or precautions and programs in ci i Contractor'sresponsibility i Construction. be responsible for the Contractor's schedules or failure to carry out the work in accordance Architectnot 1 over or 2.6.16 The Architect shall make available to the Owner any personnel or consultants employed by ♦ the purpose of . studying, contentions,or investigating any claims, or +actions out of, design or r omissions,2.6.18 The Architect shall, without additional compensation, promptly correct any erro deficiencies, or ♦ product consultants,both. 2.6.19 The Architectr for .!• • costs paid by -. Owner during cor i ! as the result of any omission, deficiency, conflict in the work product of the Architect, its consultants, or both. This added expense is defined as the difference in costfrom ! . have paid if the work was included in the bid, and the actual cost presented by the Contractor. NONMUM Fa !1 l • 3.1 GENERAL 3.1.1 The services described in this Article III are not ! in Basic commencement,shall be vaid for by the Owner as rovided in this agreement as an addition to the compensation paid for the Basic Services but only if approved by the Owner before c as follows: A. Providing services of Architect for other than the previously listed consultinv scope of Project provided . part of Basic Services. customarilyW Providing any other services not otherwise included in this Agreement or nol - ! in accordanceaccepted consulting practice. C. Providing representation before public bodies in connection with the Project, upon approval by the Owner. Additional ARTICLE LIEU "k,• '�' i 4.1 The Owner shall designate Monroe County Project Management Department to act on behalf with respectsto the Project, # 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 notbe attributed to Monroe County or its representative. 4.2 Prompt written notice shall be given by the Owner and Monroe County Project 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 i work of the contractors. - M.i # r ♦ : # # i or coordination of product. ARTICLE l' • .1 The Construction Cost, if applicable, shall be defined in a contract for the specific Project. ARTICLE r Architect covenantsand 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 Subcontractor(s), occasioned by the negligence, errors, or other wrongful act or omission of the Architect, their employees, or agents. agreesvirtue of any deficiency or ambiguity in the plans and specifications provided by the Architect, the Architect r warrants that he shall hold• •' shall •' from + therebp and shall further • i action--anp claim or on • 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 Countyfrom • . increased expenses resulting from such delays. Should any claims be asserted against County by virtue of • 1+ r• r r i• l 1 + . Architectagrees•' warrants that Architect • 1 the County♦'.. shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the County's behalf. 6.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE 7.1 PERSONNEL The Architect shall assign only qualified personnel to perform any service concerning the project. ARTICLE VIII 8.1 PAYMENT Terms o a�iment will be -governed b�i state guid- and/or hourl,�[- by the County. Hourly rates are provided in Exhibit A and are subject to annual affirmation. Details of payment will be set out in the specific separate contract. REIMBURSABLE 8.2 Shall be negotiated and agreed to prior to award of the separate contract, but only to the incurring any expense written approval for any reimbursable expense must be obtained from 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 Commissioners. The budgeted • be modified by an affirmative act F the County'si•.i• of County ♦ • AVAILABILITYMS. If funding cannot be obtained is cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified in this Contract or rarate contracts forrprojects, the 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 [carties shall a -�*jsozatwo:y project awarded to the Architect by # i be performed under^r.rate contracts will be determined by the County• i by the separateArchitect. Each 1ntract will contain specific1r of work,schedule, specifici be i pursuant to, i policy and workbe distributed among all contractors who have signed a continuing contract. Monroe County'sperformance r obligation s pay undercontract contingent upon an annual appropriationby Board o1 Commissioners i the approvalof •. of # and its duration. 9.1 APPLICABLE contractThis i by i accordance of Florida applicableto contracts madeperformed for any mediation, dispute i or litigation* under this contractbe i County,# •. The Parties waive their rightsto a trial 1 y jury. 10.1 OWNERSHIP OF THE PRELIMINARY DESIGN AND THE DESIGN • CONSTRUCTION specific10.1 The Drawings, Specifications and other documents prepared by the Architect for a projectof for irespect that project, and the Architect shall be i the authorof documents and shall retain all common law. • and other reserved rights, including reigoducible coxiXs, of the Architect's Drawings, Specifications and other documents shall not be used by the Owner or others on other projects except by r' with appropriate compensation 110 • 1,71 11W• 1 i IN 10.1.3 The As -Built drawings and specifications may be furnished by the Architect to t Owner in electronic format in addition to the original As -Built documents. I 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. ■ The Architect shall not assign its right hereunder, excepting its right to payment, nor sh 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. I ARTICLE XII NO THIRD PARTY BENEFICIARIES 1■-! 111 , !11 JUMET111M IWFMMMIV�11 M 111 11; 4i 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 aut o t to bind the Countv in an romise : I : aireemeni oi, r0i 101411AW drill 14 Will 11111101FAM 2411 WN 617,011"N I I A1116 '114 $2101011141 ARTICLE XIII 13.1.1 The Architect shall obtain insurance as specified and maintain the requirei insurance at all times that this Agreement is in effect. Professional Liability Insurancl shall also be maintained as specified. In the event the completion of the project (to purchase. ' { insurance, the Architect shall indemnifyCounty from i' all increased expenses resulting fromdelay. 13.1.2 The coverage provided be provided by an insurer with an A.M. Be Rating • better,• ♦ •i business Florida t that an agent r • i Florida. containproviding r. r ♦ t • • cancellation•, r':coverage. ! 1 acceptable isthe County and shall be in a form acceptable to the County. r• r r !, + rr B. Employers .. of t 014 per . 10ii Disease, policy limits, $100,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations,1', owned, hired or non -owned vehicles, with One Hundred Thousand Dollars ($100,000.00) combined single limit and One Hundred Thousand Dollars ($100,000,00) annual aggregate. D. i general liabilitycovering claims fori members public or damage to property of others arising out of any covered act or omission or of 1` agents or r r • or subconsultants, includingPremisesand/orOperations,1 :1 r r • 1.• Form Property Damage r a ContractualLiability EndorsementiI Thousandt 00000.00 per aggregate.occurrence and annual E. Professional liability insurance of Five Hundred Thousand Dollam ($500,000.00) per claim and One Million Dollars ($1,000,000.00) annual aggregate. rimade"policy, Architect shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes, F. County shall be named as an additional insured with respect to Architect's liabilities hereunder in insurance coverage identified in Paragraphs C and D. Architect shall require its subconsultants to be adequately . 1 at leasto the limits prescribed above, r and to any increased limits of Architect if so required by County! pay for t limits of insurance for 1 LG 11. Architect shall provide to the County certificates of insurance or • of insurance policies including those naming the County as an additional by sing any subsection thereunder.County, requirer copy of such policies uponrequest. • ., party14.1 Either hereto may terminate this contractprior to expiration upon Contract14.2 The Owner may terminate this ♦ by other party expensessixty (60) days written notice of its intention to do so. Termination expenses shall include rle under the contract• date on ♦ of i and shall not include any additionalr ♦ in order to stop performance • 1 * r 1 r 1 rfir tMer r1 " II •II J ` ■ contract15.1 This of i of . r' and made a part r • •♦ • • • as a part of this contract.1 between any of those documents, the one imposing the greater burden on the Architect will control. conviction15.2 A person or affiliate who has been place on the convicted vendor list following a 1r public entity crime may notr . bid on 1 to provide any gori or services to a public entity, may not submit a bid on a contract with a public entity for the property ♦ public not be awarded or perform work contractor,supplier,r 1 • or consultant♦' i public and may not transact business with any public entity in excess of the threshold amount rrovided in Secion 187.06YT LOU W1*211 Lollr ♦. 1 OWMIJUA IfItIf• ♦ i I my Iles ARTICLE 114 1 r.1 County and Architect agreer r disagreements be attemo,ted to be res 1 -♦ r ♦ r r conferthe parties. If no resolution can be agreed upon within 30 days after the first meet and session,or be r r♦ mediation beforemediator A Agreementsmutually 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 is in mediation ) • reduced to writing and signed by enforceablerepresentative of each party; however agreements must be approved by the Board of County Commissioners to be enforceable. Agreements reached in mediation shall be • court { {' Monroe County. 16.4 Nothing in this Agreement shall be construed to interfere with a subsequent order institution of legal or equitable proceedings. 16.5 Arbitration is specifically rejected by the parties as a method of settling disputes W. ARTICLE _ • representativesa) 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 # R • timely access to such records• each other for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determinesi I. • to Architect pursuant to this Agreement were spent forpurposes {,. 1::. this Agreement, the Architect.'1. monies together calculated pursuant tofrom 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 of # it .€ applicable to contracts made and to be performed entirely in the State. In the event that any cause of ! proceeding is institute{ for the enforcement ment the Co xi i' ` E of any other administrative or legalproceeding, pursuant to Section XVI of r condition r • of Agreement (or the application therei - or person) d invalid or i . i to any extent bya courtcompetent • i thereby;terms, covenants, conditions and provisions of this Agreement, shall not be affected and each remainingcovenant, i •, and provision of this Agreement shall be r and shall be enforceableto the fullest extent permitted by enforcementof •venants, conditionsprovisions of Agreement• • prevent the accomplishmentof original intent of The County and Architect agree to reform the Agreement to replace any stricken provision with a vali• provision that comesi possible to the intent of stricken r • Attorney's Fees • Costs. The County and Architect agree event any cause of • or administrative proceeding • or - R by any party relative to the enforcementor a of Agreement,party shall be ! to reasonabler and court costsexpenses, as an award .*.non -prevailing party,• shall include, r and courts costs expenses in appellate proceedings. ` Binding• conditions, and provisions of Agreement shall bind and inure to the benefit of f their respective legal representatives, successors, Authority.party representsto the other execution,and • performance Agreement have beenduly authorized by necessary County and corporate action, as required by law. Each party agrees that it has i ample opportunity to submit this Contractto legal counselof •' into this agreement freely, voluntarily and with advise of counsel. ■' Claims for1' or Aid. Architect and County shall be, and is, empowered to apply i i is obtain federal anc state fundssubmission] further the purpose of this Agreement; provided that all applications, requests, gr proposals, and funding solicitations shall be approved by each party prior to h) Adjudication of Disputes or Disagreements. County and Architect agr," that all disputes and disagreements • . be attempted i be _ i a under of this agreement. If no resolution can be agreed upon within 30 days after mediatio then any party shall have the right to seek such relief or remedy ..;, may be provided i, Agreementthis or by • r. Cooperation. In the event any i ■.proceeding instituted against either i art relatin , to the formation.,.• r • breal X 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 ♦ any arbitrationproceedings relate4 to this Agreement. Nondiscrimination, and County agree that there will be no determinationdiscrimination against any person, and it is expressly understood that upon 2. by of 4 4-jurisdiction. 1 occurred, Agreement automatically terminates withoutaction on the part of party, nondiscrimination.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 ! not i to: of 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 i t • yand • r i rwhichprohibits discriminationon i. AbuseSection 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 age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, ! Alcoholism Prevention,and Rehabilitation Act of i 0 (PL r alcoholism;616), as amended, relating to nondiscrimination on the basis of alcohol abuse or Public Health Service Act of • nondiscrimination690dd-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 provisions in any Fe• -apply Covenant limited No Solicitation/PaymentTheArchitect and County respect to itself, it has neither employed nor retained any company or person, other than ?- bona fide employee working solely for it, to solicit or secure this Agreement and that il 110 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, • otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Public Access. The Architect and • shall allow and pennit �-.r matt-mri Is in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, • made or received by the Architect and County in conjunction with this Agreement; and a shall have the right to unilaterally cancel this Agreement upon violation of this provision by County. 0) Non -Waiver of Immunity. Notwithstanding he provisions ♦ Sec. 286.28, Florida Statutes, the participation of the Architect and the County in this Agreement and the acquisition ♦ any ♦ 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. • • 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 tenitorial limits of the County. is Legal Obligations and Responsibties: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, yWiicipY4ig �-Afd(q 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, ♦ 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 re e upon the terms, or any of them, of this Agreement to enforce or attempt to enforce third -party claim or entitlement to or benefit of any service or program contemplat hereunder, and the Architect and the County agree that neither the Architect nor t County or any agent, officer, or employee • either shall have the authority to info cate that a-cv - i.,a-ticular itd' or gr*u-m o nidividuals, e-al [IN 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 -z�m-7,4!pez� b�jv�v any personal liability or accountability by reason of the execution of this Agreement. U) Americans with Disabilities Act of 1990 (ADA). 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 ,foliq[ of the Countp[ 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 ftmds 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 Yiw�'ber of counteiosjarts each of which sliall be regarded as an o4einal 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. U X) Section Headings. Section headings have been inserted in this Agreemew. as a matter of convenience of reference only, and it is agreed that such section headin zn-ntvt z-yzg *f t.ks 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) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By:��sc L�rxYkJi-) By: _ Deputy Clerk Mayor/Chairman COUNTY ATT0r;' ROVED AS TO FO;'� 6��W NATILEENE W. ASSISTANT CYUNTY ATTr"" ;'r' Date-i - -- W11NESS TO Architect's Signature: By: WFTNESS Signature Print Witness Name Date: -ZD4c-. 8 I Z (INSERT NAME,.•f Architect) Signature of Corporate Agent Ego- +>-CNvKfffvm-m Print Name of Corporate' Agent SECTION X111 0 1 Nr r a .a .• li,i`, ', err rrr .- rir Aggregate iIN13 PIMMI"Offlimm ri. i SUBCONSULTANTS The Architect/Consultant a . agrees to indemnify,hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any . all claims forbodily injury, including death, personal . property ..e including property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connectionor by . a of provided by or a or of a s s occasioned by the negligence, errors, wrongfulomission of aincludingSubcontractor(s) officers,any tier, their i or agents. In the event that the completion of the project (to include the work of others) is delayed a . . . as a result of ! to purchase or required insurance, the Architect/Consultant shall indemnify the Countyfrom increased expenses resulting from such delay.a ! any claims be asserted against COUNTY by deficiency or ambiguityplans and specifications provided . oArchitect/Consultant Architect/Consultanta and shall indemnifyfrom lossesoccurring thereby and shall further defend any claim or on a 11, _ ` .. The first ten 1a r.'rr of y, paid to the Architect/Consultant consideration fora above. IE 'rhe extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. ��Mvvxtzwn I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. eep- FiFl4vr--'� *2*� Respondent "Signature MI INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the Architect named below, The following deductibles apply to the corresponding policy. 11111 a X 00 0 9 1 1.13 GENERAL LIABILITY NONE WORKERS COMPENSATION NOt4g 1!2 gg it arm tow F.,§ I Liability policies are X__Occurrence Claims Made lj Insurance Agency Signature CIVII INTERNATIONAL, NC University Place 2) .5212111 T&�'!Sljite '3 Davie, Florida 33328 1 IN RESPOND TO: ! ! ! BOARD OF !UNTY COMMISSIONER E PURCHASING DEPARTMENT GATO BUILDING,ROOM 1-213 1100 SIMONTON STREET FLORIDAKEY WEST, 44i acknowledge of rr' r o TheResponseForm .o-- Lobbying and Conflict of Interpof Clause o Non -Collusion Affidavit o Drug Free Workplace Form o Respondent's Insurance and Indemnification Statement o Insurance Agent's Statement ✓ o Professional and Occupational Licenses I have included rr of rllowing professional and occupational r Check mark items above as a reminder that thff are included. Mailing Address: -` /A 14 7; 14:zeer n Tr ICL- V Telephone: + 4Fax:f Date: .PC— C. Signed: G Witness: (Seal) (Name) (Title) R, ETHICS CLAUSE jbwi2exlnj) MONROE COUNTY, FLORIDA + 4-ssc<�/AT-E—r-s 4,,, (Company) "... warrants that he/it has not employed, retained or otherwise had act on his/it 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 th Agreement or purchase price, or otherwise recover, the Ul amount of any fee commission, percentage, gift, or consideration paid to the former County officer o n e e e tion 2 e tion 3 may cretion 1 0 f 0 er C fu had act of Ordi 'o f Ordin n ts d deduc I t of rm 0 s am �n un on h1s'it nance No ance No iscrotion t f rom th y f ee ty OW Icer 0 employee". All (Signa(ure) Date - STATE OF: rUple . -p.4 COUNTY OF: M oto iq =p r. Subscribed and sworn to (or affirmed) before me on :Dwe- - S -'2-<VCn Ct I (date) by —P, g! r:!� -k e n d -e r (name of affiant). personally known to me or has produced as identification. (type of identification) Daina D Katubi Commission # 004 P54 11 Expires February 5 201 -J NOTARY PUBLIC 91 C=� FBI al le] I _Mt a -4 A V581 d_3 j 4 XH: 2; W Zvi I The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name oT 6usiness) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplacc; and specifying the actions that will be taken against employees for violations of such prohibon. 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 of an�j conviction o6m, 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 parpation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Respondent's Signature 6 ro c E/k_' Date N9 1twneltzra alai 1 r. r of of , according to law on penalty of pedury, depose i • say that: ifthefirmof a the bidder �• Proposal project • Request • i •. ... W and that I executed the said proposal with full authority to do so: 2. the prices in this r ♦ have been ♦ at independently♦ • t consultation, ♦: • agreement • purpose 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 r ♦ have notdisclosed by bidder and will not'', be • -• by the bidder prior to bid opening, directly or • to any other bidder or to any competitor; and 4. no attempt has been • or be .re by the bidder • induce person, partnership or corporationto submit,or • to submit,♦ • for containedpurpose of restricting competition; 5. the statements •. and correct,and made full knowledge r •e County relies upon contained in this affidavit in awarding contracts for said project. �r C ■. • D. STATE OF: F1 e5 COUNTY OF: who, after first being sworn y me, (name of individual signing) affixed his/her signature in the space provided above on this day of 20 oOL. °�a Daina D Katubfi —= -- �ammfSSfOn # DD49541 a NOTARY PUBLIC. 4a Y �0@� February dw S Q1r1 Nly Commission Expires: W 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 any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Architect 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 increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the Architect/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 beVtalf, The first ten dollars ($10.00) of remuneration paid to the Architect/Consultant consideration for the indemnification provided for above. I The extent of liability is in no way limited to, reduced, or lessened by the insuran requirements contained elsewhere within this agreement, i I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. jP—�-r 13 Ocspond7ent Signature W I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES GENERAL LIABILITY NONE WORKERS COMPENSATION NONE PROFESSIONAL LIABILITY $20,OD_Q Liability policies are X Occurrence Claims Made Insurance Agency Signature ftint Name: _ Leigh -W. McCrea.A CIVII INTERNATIONAL, INC. University Place 5220 So. University Dr., Suite 203 Davie, Florida 33328 W-3 Aft 1tf v Per®