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Item C10Meeting Date: June 11. 2014 Division- Public Works/Enuineering Bulk Item: Yes X No Department: Project Management AGENDA ITEM WORDING: Approval of a contract with Currie Sowards Aguila Architects to perform a Facility Condition Assessment on the Plantation Key Courthouse to determine the viability of the structure. The replacement of the Plantation Key Jail and Courthouse are to be ftmded by the infrastructure sales t.zx. ITEM BACKGROUND: The replacement of the Plantation Key Jail and Courthouse is scheduled I begin this fiscal year. It is unknown if the current P.K. Courthouse is structurally capable undergoing a ma�jor renovation. Currie Sowards Aguila Architects will perform a Facility Conditio )I Assessment to determine if renovation and expansion, or complete replacement would be in the be interest of the residents of Monroe County. PREVIOUS RELEVANT BOCC ACTION: The Board of County Commissioners approved annual appropriation for the replacement of the P.K. Courthouse and Jail on September 12, 2013 as] part of the capital improvement plan. CONTRACT/AGREEMENT CHANGES: N/A TOTAL COST: $14,750.00. INDIRECT COST: BUDGETED: Yes X No I" KTA Dicta APPROVED BY: County Atty DOCUMENTATION: Included Revised 7/09 SOURCE OF FUNDS: Fund . 'L OMB/Purch ng is Managemen. CONTRACT SUMMARY Contract with: Currie Sowards Aguila Contract # Effective Date: 06/11/14 Expiration Date: Contract Purpose/Description: Facility Condition Assessment and report of the P.K. Courthouse. Contract Manager: Ann Riger X4439 Project Mgmt/Stop #1 (Name) (Ext.) (Department/Stop for BOCC meeting on 06/11/14 Agenda Deadline: 05/27/14 to Dollar Value of Contract: $ $14,750.00 Current Year Portion: $ Budgeted? Yes F;j No E] Account Codes: 2aOM 4 o Grant: $ County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ yr For: (Not included in dollar value above) (eg. maintenance, utilities, In= is Management 9:- O.M.B./Purchasing 5 County Attorney ,5141 10 Ali r ,no= Changes Needed Yes El NoE� YesoE Yes E] N o X1 YesF1 No��r_vz6L.-,'� Z� ntorial, salaries, etc.) CONTRACTFOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT/ENGINEER P.K. COURTHOUSE CONDITION ASSESSMENT & REPORT 0 INTJ [a 102 alki I X30110 N -F-TW T Agreement is made and entered into y COMMISSIONERS ("Owner" or "County"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, its successor, and assigns through the Monroe County Board of County Commissioners ("BOCCa■ CURRIE SOWARDS AGUILA ARCHITECTS, the ("Architect")., whose address is 185 NE 4st Avenue, Suite 101, Delray Beach, FL 33483, its successors and assigns. WITNESSETH WHEREAS, on the 201h day of January 2010, 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 000.00); and WHEREAS, on the 20th day of November 2013, the parties entered into a First Amen 0-win n ft -66 6 Wilili r 0 2 1 WHERE AS, it is not known if the current structure of the Courthouse is in a condition to be renovated or possibly demolishing the existing structure and re -building would better meet the interests of the residents of Monroe County; and 'IVAE?U-AS, Architect proposes to perform a Facility Condition Assessment to report and determine the more favorable and cost effective plan of action; 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. Professional Services consist of providing the County with a Facility Condition Assessment and Report based on field non-destructive observations of the Monroe County Court House facility located at 88820 Overseas Highway, Tavernier, Florida. B. Disciplines will include architectural, MEP engineering, structural and civil engineering services. The basic Scope of Services shall be: Facility Condition Assessment (FCA) to include inspections and accurate analysis of all visible architectural, structural, mechanical, electrical and plumbing components of the facility. The results of the FCA shall be detailed in a Facility Condition Assessment Report (FCAR). The process of the FCA and FCAR shall be in general accordance with the standards and practices of ASTM, where applicable and practical. FCA can wholly eliminate the uncertainty regarding the presence of physical deficiencies and the performance of a subject property's building systems. Preparation of a FCAR is intended to reduce, but not eliminate, the uncertainty regarding the potential for component or system failure and to reduce the potential that such component or system may not be initially observed. Further by conducting an FCA and preparing an FCAR, the consultant merely is providing an opinion and does not warrant or guarantee the present or future condition of the subject property, nor may the FCA be construed as either a warranty or guarantee any of the following: compliance with any federal, state, or local statute, ordinance, rule or regulation including but not limited to , fire and building codes, life safety codes, environmental regulations, health codes, zoning ordinances, compliance with trade/design standards, or standards developed by the insurance industry However, should there be any conspicuous material present violations observed or reported based upon actual observable knowledge of violations of the aforementioned, those observations will be included in the FCA and FCAR. D. The FCA will at a minimum include the following items that would normally be in the scope of work designated to the design engineers: 1) Review of visible components and elements of the building, both interior and exterior, specifically materials, treatments, finishes, etc. Review for evidence of water intrusion or other similar system failures. 2) Review vertical circulation systems and life safety components of the facility. 3) Prepare a basic code review and life safety analysis. Specific Code violations will be based on current Florida Building Code (FBC) — 2010 and not the code that may have been enforced at the time the facility was permitted and constructed. 4) Conduct a visual review of readily accessible structural components. 5) Document any structural deficiencies and concerns found. If any are found, recommend remedial repair strategies to address deficiencies and concerns. 6) Review of day-to-day operational observations and report on apparent code or A deficiencies. 7) Review of any available, Client provided reports, drawings, system warranties, maintenance logs, etc., and any other data for assessment. Z�� 8) Visual inspection of immediate on -site areas to determine condition of pavement, flat work, striping and signage, landscape and irrigation systems. 9) Review and report existing HVAC systems and condition of duct work. 10) Report on any readily observable mold or conditions conducive to mold. 11) Observe plumbing system pressure and flows. 12) Observe electrical power and fighting systems, including emergency power systems. E. Limitations and Exclusions: The following items are specifically excluded from the FCA and FCAR, but may be added as an Additional Service and billed at the hourly rates described below in Paragraph 4: 1) It is anticipated that the load -bearing structural systems are concealed by finish materials and buried underground. Consequently, Architect's assessment of the structural conditions of the building will be limited to spot check at any random, readily accessible locations that may be available. Architect will look and report of any secondary signs of concern such as cracking, sagging, and/or deterioration of finish materials. 2) Measurements of existing building conditions. 3) Structural analysis and design calculations. 4) Testing of construction materials or indoor air quality testing and report. 5) Asbestos testing and report. 6) Readily Observable mold and conditions conducive to mold will be reported, however no sampling for mold growth will be conducted, 7) ADA compliance assessment except as related to mechanical, electrical or plumbing systems. 8) Removing, relocating, or repositioning of materials, ceiling, wall, or equipment panels, furniture, storage containers, personal effects, debris material or finishes; conducting exploratory probing or testing; dismantling or operating of equipment or appliances; or disturbing personal items or property, that obstructs access or visibility. 9) Preparing engineering calculations (mechanical, electrical, etc.) to determine any systems, components, or equipment's adequacy or compliance with any specific or commonly accepted design requirements or building codes, or preparing designs or specifications to remedy any physical deficiency. Taking measurements or quantities to establish or confirm any information or representation provided by the owner or use, such as size and dimensions of the subject property or subject building; any legal encumbrances, such as easements. 10) Cost estimates for repair or replacement of facility or components. ��UWNLVJIUE M-11TRUCK111-01 1INT41 Iwo 9 lien A. Three bound copies and one CD of all observations, reports, sketches, if any, and other accomplished data for internal use by the County. H B. Architect and consulting engineers will schedule one site visit to perform the review and analysis as soon as a written notice to proceed is provided. A written report will be delivered within 30 days of completion of the filed inspection. mtrkm allmivags W4211010 A. Site visits beyond the one visit to conduct the assessment shall be reimbursed only if approved, in writing, by the owner, and shall be in the amounts authorized by Section 112.061 Florida Statutes, and/or Monroe County Code, whichever is more restrictive. 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 listed below: Principal $175.00 Project Architect $150.00 Project Manager $125.00 Cadd Tech 1 $85.00 Cadd Tech 11 $65.00 Office Support Staff $45.00 5.PAYMENT Professional fees for the services described shall be a lump sum fee of Fourteen Thousand Seven Hundred and Fifty Dollars and 00/100 ($14,750.00) and shall be invoiced monthly on a percentage of completion basis. All site visits are included. 931MUBUIRROTINTIM A) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in order to perform the service. 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 wm� the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. Q Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D) 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 electronically must be provided to Monroe County in a format that is compatible with the infon-nation technology systems of Monroe County. 7. All other terms and conditions of this Contract shall comply with the Continuing Contract dated January 20, 2010, 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 WI IEREOF, each party caused this Agreement to be executed by its dulN authorized representative on the day and year first above written. I (SEAL) Attest: A HEAVILIN, CPA, Clerk 32 Es ARCflITECT/ENGfNEER- CURRIE SOWARDS AGUILA ARCHITECTS A7k � • Mayor/Chairman By: - MONROE COUNTY ATTORNEY Print Na6d:'-Jo-,rr- APPROVED AS TO F M: Title: Ve iv%c. ow.1 N Date: (0 1 IUALk NAf1LEENE W CASSEL ASSISTANT COUNTY ATTORNEY Date.— -j- - - STATE OF FLORIDA COUNTY OF L'M e04LH On this tip day of 66M 2014, before me, the undersigned notary public, personally appeared 6 t-1 , A6Lu LPG known to me to be the person whose name is subscribed above, or who produced as identification, and acknowledged that he/she is the person who executed the above Contract with Monroe County for Professional Services for the P.R. Courthouse Condition Assessment Report, for the purposes therein contained. J. WHIT7 Commission # EE 032097 Expires November 20, 2014 'OTARY PL, Ll R 4.x f- 44zIx", 2 8MWTWT"Faifl My Commission expires: _LL1201 Za Lf Page 5 of 5 Client#: 1049. -j CURRISOW YYY) ACORD,o CERTIFICATE OF LIABILITY INSURANCE =3 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 ADDITIONAi INSURED, the pollcy(les) 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 endorsernent(s). PRODUCER CONTACT USI Insurance Services, LLC, PHONE 813 321-7500 1 LAYC813 321-7525 !-�qk — _0iC_N_q. Ext): 1715 N. Westshore Blvd. Suite 700 E-MATL ADDRESS! INSURED Currie Sowards Aguila Architects Inc 185 NE 4th Ave Suite 101 Delray Beach, FL 33483 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: MSA Insurance Company F1 1066 INSURER B: Travelers Casual FySt Surety Co 131194 INSURER C: XL Specialty Insurance Company 137885 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. I—P7CF—Icy E� -ff L -FT, INSAl— 7' POLICY LTR —TYPE OF INSURANCE POLICY NUMBER IMMIDD YYYY) 1jMM)ODfYu"yj LIMITS XP GENERAL LIABILITY 1ACHO1111 $ 1 mo.000 A BPG98835 D8/17/2013 08/17/201 , EACH OCCURRENCE COMMERCIAL GENERAL LIABILITY ICLAIMS -MADE r, OCCUR I - — - — — GEN'L AGGREGATE LIMIT APPLIES PER: POLICY _j"' f 1. LOC A AUTOMOBILE LIABILITY BPG98835 08/17/2013 081171201 ANY AUTO —1ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED I AUTOS -F- UMBRELLA LIAR OCCUR EXCESS LIAR HCLAIMS-MADE A -TGED I I RETENTION $, ----L B WORKERS COMPENSATION X UB1436Y349 01111/2013 01101/201 AND EMPLOYERS' LIABILITY YIN ANY PROPRI ETC FXPARTNERIEXECUTIVE NIA OFFICERIMEMBER EXCLUDED? (Mandatory in NIN If yes, describe under DESCRIPTION OF OPERATIONS below — - C Professional DPS9711454 8/24/2013 081241201 Liability I NED ESP (Any one Person) PERSONAL & ADA INJURY GENERAL AGGREGATE PRODUCTS - COMPIOP AGO $500.00O $5,000 $11,000,000 $2,000,000 s2,000,000 ­5 1 OMIT COMBINE 5ING1E (Banceide, ). - [­$1,000,000 BODILY INJURY (Per person) I$ BODILY INJURY (Per accident) 1 :4 EACH OCCURRENCE AGGREGATE t— WC STATU- I -�-b-FH­­ ­ X I TDRY I JMIT.�­ - ; ER . EL EACH ACCIDENT 1$1,000,000 E L. DISEASE - EA EMPLOYEE I $1,000,000 E-L, DISEASE -POLICY LIMIT L$10000,000 $2,000,000 per claim $2,000,000 arml aggr. DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) A, 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. DA WA CERTIFICATE HOLDER UANULLI-A I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton St. ACCORDANCE WITH THE POLICY PROVISIONS. Room 2-216 Key West, FL 33040 AUTHORIZED REPRESENTATIVE 03Q0 1-ft O—W-- Aa4`— L0 1 UiJ6-ZU1U A(;UKU UUKFUKA I IUN. All Ngms re5erveu. ACORD 25 (2010105) 1 of The ACORD name and logo are registered marks of ACORD #S10819832/M10819821 KEBEW STATE OF FLORIDA DEPARTMENT OF BUSMSS AND PROFESSIONAL REGULATION BOARD OF ARCHITECTURE & INTERIOR DESIGN FLORIDA DEPARTMENT CORPORATION OF qafr�il bmmu IS CERTIFIED Uedv Imavo. pro, BUSINESS E rwarciate. F F 9 28. r,m 481 FS AND CURRIE SOVAROS AGUILAARCHITEICTS, INC PROFESSIONAL REGULATION 1 $'5 4VF- 0U=- 10 1 LICEES DELRA'y FL aWl NS RiCKSCOTT ISSUED al-M,0013 9FIJA KEN L'A"ISCIN GOVERNOR DISPLAY AS REOUIRED By LAW SECRETARY STATE Of FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 0 OA RD OF ARCHITECTURE a INTERIOR 0 ESION FraiRrElffw" • The ARCHITECT Nanwid bekm IS LICENSED r Under Zhu pcovmcm�afChapWr4gi FS E-f0fMWPd2t* FEB :26.2016 OURP41E R TG 185 NE VFN1uij.S%J1TC 1*1 DELRAYWH ft 33493 Rn"�� ISSUED SCORWIS SEES 030ASNIOURZ KEN LAWSON CUSPLAS AS REQUIRED BY LAW StCRETa RV STATE OF FLORIDA DEPARTMENT OF BUS INES$ A NO PROFESSIONAL REGULATION BOARD OF ARCHITECTURE & INTERIOR DESIGN T'no eknc I H TECT N 4w� c$ bik-w 1 S LIC E N 5ED U wici :he pivv4s 91 Cb DPW 481 FC E, Pdvc)n daw F E 9 28 2�5 15 S 0% VVA p I") IS, i k NI , S". IN E ATM JSAC ST E 101 'TEol uW W-ACH fL nlw) KEN t-AVIvnON "RM— STATE OF FLORIDA 0 EPARTMENT OF 0 USINESS AND PROFESS IONAL 01IROU LATtO% BOARD OF ARCHiIVCTU ft A iWM A IOR DESIGN Tn&ARCHITECT NonW bc%w IS L Q.E N* rO unts-r IIjo puavijarjnr.)f Chapter 481 FS C "amn Caw FEB 28. 20 1 -5 rr AGUrLA, JWF'24 186 NE &TIA AVE NU lot DELRAY BEACH k0ml RICK SCO77 izsuEn 02's-S-101, ;Xoo KEN LAWSON ScIvFANCIS DiriEl AY AS RFOIJIRED BY LXN SFORETARY 1' AMENDMENT TO CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHTIECT/ENGINEER This First Amendment to Contract (herein after "Amendment") between owner and Arch itect/Enginee r into this 20'h day of November, 2013, in order to amend the Contract as follows: 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 under the contract does not exceed Two Hundred Thousand Dollars ($200,000.00); and 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 years commencing on the date of the contract, with options for the Owner to renew on an annual basis NOW THEREFORE, inconsideration ofthe 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 asfollows: l. The Continuing Contract for Professional Services dated January20, 20lOand terminating on January 19, 2014, shall be renewed for the first of two one-year periods effective on January 20, 2014 and terminating January 19,20l5. 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 performe by the Architect or other information to which the Architect has had access during the Ter of this Master Agreement without the prior written approval of the County, during the Te of this Master Agreement and for a period of two (2) years after the termination of this I ;0 descriqtion of the work -,;orovided by the Architect for the purpose of informing other clients and potential clients of the Architect's work experience and qualifications. 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 3. 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. ttesi, 'FI k EAVILN, CPA, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FL A AZ By� Deputy Clerk Mayor/Chairman WITNESS to Architect's Signature: By: fr WITNESSS Sig a 0 Print Witness Name Date: ARCHITECT By: fur-je S a�rdsAg ila Architects VIONFICE COUNTY ATTORNEY PROVED AS TO F01F Ni rILEENC W Gn=3 lEL ASS11S,TANT COUNTY. -Al T( - )I�NEY Oats - --3- CONTRACTFOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECTIENGINEER THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT/ENGINEER (the "Contract" or "Agreement") is made arid entered into by Monroe County ("Owner" or "County"), a political subdivision of the State of Florida, whose address is I 100 Simonton Street, Key West, Florida 3300, its successors and assigns through the Monroe County Board Of County Commissioners ("BOCC"), and CM2MHILL,Inc. , the ( "Architect/Engineer")., whose address is 6410 5'h Street STE its successors and assigns, This contract shall be effective on the date of execution by the last party signatory to thq contract. This contract is issued as a continuing contract 21TAV9�12) My The professional services required by this Contract 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). The parties shall enter into a separate contract for each project awarded to the Architect/Engineer 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/Engineer, 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/Engineer will be chosen pursuant to Owner policy and work will be distributed among all contractors who have signed a continuing contract. The professional services required by this contract will be for sewrir-eq ri Wil all drxital Dims ror rwo a I to1na 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 terrns of this Contract differ from the terms ofthe seyarate shall take precedence. The separate contract will contain its specific scope of work and it 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 NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficien of which hereby acknowledged, the Owner and the Architect/Engineer agree: I "AI y executin this Contract Archit 1.1.1 The Architect/Engineer is a professional qualified to act as the Architect/Engineer for the Project and is licensed to practice Architecture/Engineering by all public entities having jurisdiction over the Architect/Engineer and the Project; MI iIIIIE1110111D 60 1.1.4 The Architect/Engineer 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/Engineer 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/Engineer assumes full responsibility to the extent allowed bylaw with regards to his performance and those directly under his employ as Architect/Engineer of Record. 1.1.6 The Architect/ Engineer's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The Architect/Engineer shall submit, for the Owner's information, a schedule for the performance of the Arch*t( ry ecaUle D��� 1.1.7 In providing all services • to this agreement, the Architect/Engineer shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the COUNTY to terminate this agreement immediately upon delivery of written notice of termination to the Architect/Engineer. 2.1.1 Architect/Engineer's Basic Services consist of those described in Paragraphs 2.2 through 2.8, and other services identified as part of Basic Services, and include normal, civil, structural, mechanical, electrical, studies, assessments, evaluations, and General Engineering Services including but not limited to transportation, environmental, storm water, waste water, solid waste engineering and other services usually provided by Architect or Engineer firms. 2.1.2 The Design for Construction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Design for Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization tothe contrary is given by the Owner. The Architect/Engineer shall be responsible for designing the Project in accordance with the analyses and recommendations of the geotechnical information furnished by Owner 2.1.3 These services shall include, but not be limited to: Preparation and completion of the design program, space requirements and relationships, scliernatic design, design development, preparation of contract documents for bids, preparation and advertisement for Request for Bids, tabulation and review of bids, recommendation of contract awards, cost estimating during design and document preparation, administration of contract documents, consultation and on -site inspections during construction, review and recommend approval of contractor invoices, preparation and submittal of permit applications, zoning applications, public presentations and presentations to the County Commission. Also included are studies, evaluations, assessments and General Engineering Services which Include but are not be limited to transportation, environmental, storinwater, wastewater, solid waste engineering. Architect/Engineer shall arrange his schedule in order to be available to perform the listed services for one or for several projects if requested by COUNTY and with the understanding that for any individual project the construction costs will not exceed the limits under F.S. 287.055 (2)(g). 2.2.1 The Architect/Engineer shall review the County's program, schedule and construction budget fumished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect/Engine.er shall review with the Owner's proposed site use and improvements, required permits, zoning, selection of materials, building systems and equipment; and method of Project delivery. 2.2.3 The Architect/Engineer shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Architect/Engineer shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 Upon completion of the Schematic Design Phase, the Architect/Engineer shall provide drawings, outline specifications, estimate of anticipated cost in accordance with the schematic designs, and other documents for the Owner's approval and information. 2.2.6 The Schematic Design must be approved in writing, by the Owner prior to Architect/Engineer continuing to the Design Development Phase. ilk!11111711 2111,11 1 1 2.3.1 Upon completion of the Design Development Phase, the Architect/Engineer shall provide drawings, outline specifications and other documents for the Owner's approval and information. The Architect/Engineer shall provide an estimate of anticipated costs in accordance with the design development phase. mt 11514#1---joaff L-ALIKIIIND Sling Lelia FIVIRREIR 2.4.1 —Ine Architect/Engineer shall provide Drawings and Specifications for the Owner's review. 2.4.2 The Architect/Engineer shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of Contracts, and the forms of Agreement between the Owner and the Contractors. 2.4.3 The Architect/Engineer's construction documents (plans, specifications, etc.) w, conform to all written codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to receive all permits when applied for. If permits denied, then the Architect/Engineer will conform the construction documents in such manner to receive pen -nits upon such plans. Work required from the Architect/Engine to conform the documents to federal, state, city, county, or agency specifications and permit requirements to allow them to be iiAe- - - "1 -.71 Ch -zt I wx&�-vrc to the Owner. I WE M 'W� Massis -4"*UMLITI L k-4ib the Owner in obtaining bids or negotiated proposals and assist in preparing contracts for constructio't. 2.5.2 The Architect/Engineer shall assist the Owner in issuing bidding documents bidders and conducting pre -bid conferences with prospective bidders. The i Architect/Engineer, with the assistance of the Ownerz�"6wsyuil, ta, 4�-Liwiltiq J.-*cD__ bidders, and shall issue addenda. 0 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1. 'Me Architect/Engineer's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for construction and tenninates with the issuance to the Owner of the final Project Certificate for Payment including the submission of all project close-out documents by the Architect/Engineer and Contractor, The Architect/Engineer will administer the Owner's contract as provided for in that document. The Architect/Engineer agrees to perfonn 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/Engineer shall at all times have access to the Work whenever it is in preparation or progress. 2.6.3 The Architect/ Engineer shall, as contemplated herein and in the Construction Contract, 'Out 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's designated project representative. 2.6.4 The Architect/Engineer shall have authority, after notification to the Owner to reject Work, which does not conform to the Contract Documents. shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. The Architect/Engineer 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 perfon-ning portions of the work. 2.6.16 The Architect/Engineer shall make available to the Owner any personnel or consultants employed or retained by the Architect/Engineer 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. 2.6-17 The Architect/Engineer shall review any as -built drawings furnished by the Contractor and shall certify to the Owner that same are adequate and complete. 2.6.18 The Architect/Engineer shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Architect/Engineer or its consultants, or both. 2.6.19 The Architect/Engineer must reimburse the Owner for any added costs paid by the Owner during construction that were incurred as the result of anp ornission deficiie—nepwiT, conflict in the work product of the Architect/Engineer, its consultants, or both. This added expense is defined as the ditYerence 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. "111110191grkyMN M§111� �1. 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/Engineer for other than the previously listed consulting scope of Project provided as a part of Basic Services. ik Providing any other services not otherwise included in this Agreement or nol 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 ArchitectJ Engineer. The Arch itect/Engincer shall respond with fee proposal to perform ARTICLE IV IMMEA �WN-�'IRMMI—IMM 4.1 The Owner shall designate Monroe County Project Management Department or Engineering Services Department to act on the Owner's behalf with respects to the Project. The Owner or his designee shall render decisions in a timely manner pertaining to documents submitted the orderly and sequential progress of the Architect/Engineer'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. 4.2 Prompt written notice shall be given by the Owner to the Architect/Engineer if they become aware of any fault or defect in 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/Engineer's services and work of the contractors. 4.4 The Owner's review of any documents prepared by the Architect/Engineer or i consultants shall be solely for the purpose of determining whether such documents ar generally consistent with the Owner's criteria, as and if, modified. No review of such documents shall relieve the Architect/Engineer of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. I 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/Engineer covenants and agrees to indemnify and hold harmless Owner/Monroe County i ? - ZF L I �-; ��, IMI .] and all claims for bodily injury, including death, personal injury, and property damag including property owned by Monroe County, and any other losses, damages, and expenses, including attomey's fees, court costs and expenses, which arise out of, in I connection with, or by reason of services provided by the Architect/Engineer or its Subcontractor(s), occasioned by the negligence, errors, or other wrongful act Or Omission of the Architect, their employees, or agents. 6.2 The first ten dollars (S 10.00) of remuneration paid to the Architect is for the indemnification provided for above. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Architect/Engineer, the Architect/ Engineer agrees and warrants that he shall hold the County harmless and shall indenmify him from all losses occurring thereby and shall further defend any 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/Engineer's failure to purchase or maintain the required Insurance, the Architect/Engineer 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 A-rchitectJEngineer the Architect/Engineer agrees and warrants that Architect/Engineer hold the County harmless 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 ,Agree ment. 6.5 This indemnification shall survive the expiration or early termination of the Agreement. 7.1 PERSONNEL The Architect/Engineer shall assign only qualified personnel to perform any service concerning the project. ARTICLE VIII 8.1 PAYMENT Terms of payment will be (-&verned brA state + i i i iruk-A* i zyy"virei 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. 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 112.061, Florida Statutes; however prior t* incurring any expense written approval for any reimbursable expense must be obtained from the County. 8.3.1 The Architect/Engineer 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 3 0) by County's Board of County Commissioners. 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 angi services trovided terinination, unless otherwise required by law. 8.3.3 The County does not guarantee Architect/Engineer any specific amount of wor or contracts under this aq.-�eement. The ng--ties gVall efiter i-ttia.9 " "...grgto d, IM 10,016 #RJ 1. Taiter mese separate confracis will 5e determined hy the County and agreed by the Architect/Engineer. Each separate contract will contain specific scope of work, time I schedule, charges and payment conditions, and additional terms and conditions applicable to that specific contract, Architect/Engineer will be chosen pursuant to Coun policy and work will be distributed among all contractors who have signed a continuing contract. ' 8.3.4 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 approval of the Board members at the time of contract initiation and its duration. FJ 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 mediation, disq I We conferences symWe-ptiorawking unytk�#Xpi�?Vxl-"5�; lrzo "'WEMI County, Florid& The Parties waive their rights to a trial by jury. PRENIM 10.1 OWNERSHIP OF THE PRELIMINARY DESIGN AND THE DESIGN FOR CONSTRUCTION 10.1 The Drawings, Specifications and other documents prepared by the Architect/Engineer for this proiect are inst--aevsAi-f A- e t Sir- Film -- mrs�p H 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/Engineer. 10.1.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the ro * ect is not to be co*t.st­4t_jie LtIKU'A"I a R I IF0 - . . ;Ko wdjulw� 10.1.3 The As -Built drawings and specifications may be furnished by the Architect/En Lrrto -nr i M-)c W�" docunceicts. 10.1.4 The Owner may utilize the construction documents, As -Built documents, etc. required for reference on any necessary future work on the site, and for constructing, using and maintaining the Project. i it delegate any of its duties hereunder without the written consent of the Owner. The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. ARTICLE XII NO THIRD PARTY BENEFICIARIES AND INDEPENDENT CONTV.4,-CT*'9, JUJAL, 111111 111111111 _111 i in .4 1 1 - ! [I] promise, agreement or representation other than such power and authority that is if spec ically provided for in this Agreement, NBVUX�--� MAANKUSUI�3 13.1.1 The Architect/Engineer 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 (to include the work of others) is delayed or suspended as a result of the Architect/Engineer's failure to purchase or maintain the required insurance, the Architect/Engineer 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, 13-1.3 Architect/Engineer shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida. B. Employers Liability Insurance with limits of S 100,000 per Accident, $500,000 Disease, policy I imits, S ilk Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non -owned vehicles, with One Hundred Thousand Dollars ($100,000-00) combined single limit and One Hundred Thousand Dollars ($ 100,000.00) annual aggregate. D. Commercial general liability covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the 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 Five Hundred Thousand Dollars ($500,000.00) per occurrence and annual aggregate. E. Professional liability insurance of Five Hundred Thousand Dollari-: ($500,000.00) per claim and One Million Dollars ($1,000,000.00) annual aggregate. If the policy is a "claims made" policy, Architect shall maintain A F. County shall be named as an additional insured with respect to Architect/Engineer's liabilities hereunder in insurance coverage identified in Paragraphs C and D. G. Architect/Engineer shall require its subconsultants to be adequately insured least to the limits prescribed above, and to any increased limits Architect/Engineer if so required by County during the term of th Agreement. County will not pay for increased limits of insurance subcnsultants. I o H. Architect/Engineer shall provide to the County certificates of insurance including those naming the County as an additional insured by including any subsection thereunder. 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. Ten-nination 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 perfon-nance of services, unless agreed to in writin,,_�&�wlk---aCnar ��,W of verification. ARTICLE XV ENTIRE AGREEMENT 15.1 This contract constitutes the form of agreement, the exhibits that are attached and made a part of the contract, and the documents referred to in the form of agreement as a part of this contract. In the event any conflict between any of those contract documents, the one imposing the greater burden on the Architect will control. 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 L3ub No R J W11" I I )'-I OJ IS ERIM-12 WWII =III L-AIKU I MA PIWO MWvJ HIM MIRM - - W1 = I ljumd oil In ,43k-101 R IN a [I Ila 16.1 County and Architect/Engineer agree that all disputes and disagreements shall first be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be submitted to mediation before a mediator mutually agreed to by the parties. The cost of medon shall be shared equally. The .T-q-kieS aXe qt Xkedi' e tk, ZtiQ7 is y c624itita ?Freceiieat t+ the iastitrAjut?i *f total *r efkvitalcle 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 arbitrate a dispute which may arise under this Agreement. ARTICLE XVII MAJEW1 nwmffl•l I � a) Architect/Engineer shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Architect'Engineer Q,ursuant to thi t fir yw7,W'iLs e Architect/Engineer 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. E IN h) Adjudication of Disputes or Disagreements, County and Architect/Engineer 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 tight 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 relatinQ to the formation. execution, performance,. —or b rea-c of this Agreement, County and Architect/Engineer agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Architect/Engineer specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. k) Covenant of No Interest, • itect/Engineer and County covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 10 1 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 Sol icitation/Payment. The Architect/Engineer and County war -rant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it. to solicit or secu i e tYjs A nas Nor pztiu or agreea Eo 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 Arcbitect/Engineer agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Public Access. The Architect/Engineer and County shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Architect and County in conjunction with this Agreement; and the Architeet/Engineer 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 Sec. 286.28, Florida Statutes, the participation of the Architect/Engineer and the County in this Agreement and the acquisition of any commercial liability insurance coverage, sell - 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 ImmunitAll of the privileges and Limmunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q) Legal Obligations and Responsibilities: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, reli i eving 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 M participating entity, in which case the performance may be offered in satisfaction of th* 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 1� 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 re 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/Engineer and the County agree that neither t Architect/Engineer nor the County or any agent, officer, or employee of either shall ha the authority to inform, counsel, or otherwise indicate that any particular individual th group of individuals, entity or entities, have entitlements or benefits under Ag-4eement separate and apart inferior to X_wVm4uwrm91:-KKX1WT1A1 the purposes contemplated in this Agreement. S) Attestations. Architect/Engineer agrees to execute such documents as th- County may reasonably require including a Public Entity Crime Statement, an Ethic Statement, and a Drug -Free Workplace Statement. t) No Personal Liability. No covenant or agreement contained herein sha be deemed to be a covenant or agreement of any member, officer, agent or employee o Monroe County in his or her individual capacity, and no member, officer, agent o employee of Monroe Countlu shall be liable icersonallp on this AgreewMUWTMU�_M t 91 t 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/Engineer pursuant thereto. 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/Engineer 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/Engineer and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. w) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken M together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. 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 Si IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly authorized representative on the day and year first above written. BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA B y: •Q�L cc�,, �,w By: Deuty Clerk * pM,or/Chlairman ,'VL N R MBE C 0 U NTY ATTO Rr i H Y PROVED AS TO RM: ASSISTANT COUNYY AITTO r- Y Date- 41 - so - Of moz Date. )a/] co By: Signature 9; Corporate Agent A-rcc— Print Name of -orporate Agent Date: N v v. a o;Z o oq Print Witness Name Date: Z=,2 - - Zz;tn END OF AGREEMENT X Insurance, Reg uIrement EMEMEME831= EMZEE�I 022MU= W#IAJIUWW SUBCONSULTANTS Reguire d Limits Statutory Limits $100,0001$500,0001$ 100,000 $ 100,000 Combined Single Limit 100,00 Combined Single Limit per Occurrence/$ 1,000,000 Aggregate $ 500,000 per occurrence/ $ 1,000,000 Aggregate The Architect/Engineer/Consultants 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 or other wrongful act or omission of the Architect/Engincer/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/Engineer/Consultant's failure to purchase or maintain the required insurance, the Architect/Engineer/Consultant shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the Architect/Engineer/Consultant, the Architect/Engineer/Consultant agrees and warrants that Architect/Engineer/Consultant shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf The first ten dollars ($10.00) of remuneration paid to the Architect/Engincer/Consultan) is consideration for the indemnification provided for above. IE The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. HIM :1610 1 a] in full with all the requirements. Respondent C,:R_ v-,C &I v v 14vF-t Signature Arv--ca- 9 I have reviewed the above requirements with the Architect named below. The following deductibles apply tothe corresponding policy. POLICY DEDUCTIBLES General Liability $500,000 Self -Insured Retention Auto Liabilitv $100,000 Workers Compensation & Employers Liabilily $500,000 Liability policies are X Occurrence X Claims Made Marsh USA Inc. Og'&ti4f- I , 'I/ ?c,[/o f Insurance Broker Sign,atuie Print Name: —Stephen Wilson , tT= language for CH2M HILL. M RESPOND TO: MONROE COUNTY BOARD OF COLNTY COMMISSIONERS c/o PLTRCHASING DEPARTMENT. GATO BUILDING, ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No.(s) Qo q k"!j_vs f �2 00 q • The Response Form v' • Lobbying and Conflict of Interest Clause • Non -Collusion Affidavit • Drug Free Workplace Form • Respondent's Insurance and Indemnification Statement • Insurance Agent's Statement • Professional and Occupational Licenses I have -included a current copy of the following professional and occupational licens-m. rA,p k ir of- C4 %e o c e_ v p.0% e%ot LLZ<�s f_ .1 e_ �4 21%4.1 LL -_%� _�� , - . r_,. &. rc 4.$ _ �_ 04' ;=L k- - 'r le'Okk -3 i-ry t eJ 1 C-4 &I / L a ni -V � 4.ae_ "t �� + — A LCheck mark items above, as a reminder that they are included.) Mailing Address: 66 to St" 5-1- 5,,1 k_,� } W L M ate: . Ov Signed: (Nae) vle-c'. k_� ­_ (Title) W Witness:(Rut 4IL6CIU_d_� 11 ; 1ir � 3 1 1, 11 N � ii 1 1 11 I 1 .1 alum= ETHICS CLAUSE u-- — X— (Company) 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". (Signatufc),07e--r,-r--e—cj C—%- (4,)v% Date: Nd%j- ac;) STATE OF: r= L Cs. to— %. Ak� COUNTY OF: ?,:7- (date b e-c V- < (name of affiant). He She is ersonall know to me or has produced as identification. (type of identification) T -77 V 'PAY P, Notary PUbliC State of Flodda Clark Knapp My Commissior DD751767 4., dR Expims 0 1 /24/20 12t. My commission expires: e;4-ZV-Z-o&Z ov The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: - J. (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 1 0 a Z Z 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). 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 ,rny employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation • this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Signature Nov. P C), 12 029 Date W I I , yu_ according to law on my oath, and under penalty of pedury, depose and say that: am � ne,— of the firm of the bidder making the Proposal for the project described in the Request for Qualifications for: A-nnvc-,( C-,#i 4�Auc4"j AarIAJ��+V and that I execute the said proposal with full authority to do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relatin to such prices with any other bidder or 9 with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Date) (Sign rc of Respondent) STATE OF: PA o o V& e- C- +-4 P-0 M� COUNTY PERSONALLY APPEARED BEFORE ME, the undersigned authority, Cccecl rKLV-t4'.'.' e-j-ww- ke-W who, after first being swom by me, (name of individual signing) affixed his/her signature in the space provided above on this 2044dlay of N 6mw,.b. I MEN: �-J M My Commission Expires: �"'.:'--Notary Public State Clark'Kr'8'p �4y Comm ."" D0751767 'y.1 E 'P"" OV2 41201 2 Em 26 DATE (MMI A62d CERTIFICATE OF LIABILITY INSURANCE 11 120120M THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMA77ON MARSH USA, INC. 1225 17TH STREET, SUITE 2100 DENVER, CO 80202-5534 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 15114 -00124-GAWC-OW1 0 HOU DE SMYTH 38359 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER& Zurich American Insurance Co 16535 CH2M HILL, INC. 9191 SOUTH JAMAJCA STREET INSURER B: American Zurich Insurance Co. 40142 ENGLEWOOD, CO 80112 INSURERC: INSURER 0: INSURER E VERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE 40 F INS U RMCE ..rilllll uav Expamilam TE LIMITS ............ . . . . . . 11 ....... . . . . . . . GL03784726-05 PERSONAL AADV IUWJURY to at GENERAL AGGREGATE Ai ITOMIOBILE LIABI LITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY HIRED AUTOS NON-OWNEDAUTOS tPer accident) PROPERTY DAMAGE (Per accident) -6F.M WNSRELLA LIAUCHLITY ElOCCUR 11 CLAIMS MADE DEDUCTIBLE RETENTION S womait§ COMPENSATION AND EMPLOYERS' ILMALITY Ar4YPROP�UETCPJPARTNERT-�CIJT;VE YIN OFFICE"EMSEREXCLUDEW 1—!4j NH PE" XR It yes, desoibe textim IONSbalow WC8378566-15 (ADS) WC8378565-14 (WI & MA) iWC3734761-04 (ID) I 06101/2009 05/01/2009 05101120M off I DESCRIPTION OF OPF-RATION&ILOCATIONSAIENICLESIEXCLUSHM ADDED BY ENDORSEMENTISPECIAL PROVIMNS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR TO AUTOMOBILE LiABILITY AND AS PER THE GENERAL LIABILITY BROAD FORM ENDORSEMENT, I CER71FICATE HOLDER SEA-001521259-01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE MONROE COUNTY ExPIRA-noft DATE THEREOF, THE ISSUING INSURER WLL ENDEAVOR TO MAIL 1100 SIMONTON STREET KEY 30 DAYS wRn-mN NOME TO THE CERTIFICATE H=ER kAMIED TO THE LEFT, WEST, FL 33040 BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABIUTY OF ANY KINX UPON THE INSURER, ITS AGENTS OR REPRESENTATIVE& ACORD 25 (2009/01) (P 1998-20M ACORD CORPORATION. All Rights Reserved M7�e AC name and logo are registered marks of AC i i • i i MONROE# •;' ■ EXPIRES SEPTEMBER Ri k • 2010 RECEIPT* 46110-27468 Business Name: CH2M HILL fwner Name: CF12M HILL Mailing Address:800 FAIRWAY DR !: KEY WEST, FL Business Location: 0 ', PROFESSIONALSBusiness Phone: 305-294-164S Business Type: !: CONSULTING ENGINEER) Rooms Seats Employees Machines Stalls I For Vending Busintns Only — umber of Machines ; V ndin T e : _ Tax A nt Transfer F Sub -Total penal Prier Years Callection Cast Total Paid $30.00 30.00 _ 50.00 30.00 PAID-000-06-00001603I. 11 ! 0! POSTEDTHIS RECEIPT MUST BE CONSPICUOUSLY IN YOUROF BECOMESTHIS D. Henriquez, CFC, Tax CollectorONLY ! WHEN VALIDATED PO Box 1129, KeV West� FIL 33041 MEET ALL COUNTY AND/Olk MUNICIPALITY PLANNING r, ZONING!: + + « STATE Of FLORMA BOARD OF PROFE33MMAL FNatwEERS 2507 CALLAWAY RD STE 2" TALLAHASSEE, FL 32303-52" CHZM Hill, Inc. 9191 S. JAMAICA ST. ATT: CATHY POWERS FNGLEWOOD, CO 80112-5946 4F Board of Pf"WeNionatEngineers .T •` C-4 Is auftdzed undew Um p"wisions of r'4m Stmtutemy to offer engineering servioss SsCw 471 w to the pubfie dwough a ProfesWmal Engina duiv lic 6-hised wVor Chapter 471. Florida Statutes. Exorat§ow. MFeb-11 'Certfficift of Authorization CA No: Audit No.* 22820112093 DISPLAY AS RXQVIRSD BY LAW 72 DEPARTMENT OF BUSINESS AND PROFESSIONA LA A r! r BOARD OF ARCHITECTURE & INTERIOR DESIGN (850) 487-1395 -4& 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 CH2M HILL INC. 9191 S. aAM;,ICA ST ENGLEWOOD CO 80112 Congratulations? With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulati on. our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. lip DETACH HERE STATE OF FLORIDA AG# 4260707 10E DPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION AAC001992 02/11/09 0881601V ARCHITECT CORPORATION CH2K HILL, INC. 19 CZRTIF113D under the provisions of ch.481 re Rxpi—ti— data JrZB 28, 2011 L09021100511 *EPARTNKNT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF ARCHITECTURE & INTERIOR DESIGN SEW L09021100511 GATE FjAT1--HNJMH1R 02/11/2009� The ARCHITECT CORPORATION Named below IS CERTIFIED Under the provisions of Chapter 481 FS. Expiration date: FEB 28, 2011 , 4 . 1-4�&J"4200179 Will SIM CHARLES W. DRAGO DISPLAY AS REQUIRED BY LAW SECRETARY DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET CH2M HILL INC •• • E,i•L3_ CO 80I 1 Congratulations With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto .yoridalicense.co. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and team more about the Department's initiatives. i 4496092 OF • FLU 092 r • :r _r PROFESSIONAL REGULATION #-+rr 08► F 098012757 JUALIFIED BUSINESS ORGANIZATION CH2K HILL INC r ■r 1�! 1 1 • ! ! I is DEPARTMENT • F BUSINESS AND PROFESSIONAL REG`i >I%, • :c CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#LO9080500877 U!1-rE BATCH NUMBER The BUSINESS ORGANIZATION Namedbelow IS QUALIFIED Under - provisions of Chapter Expiration date: AUG 31, 2011 COMPANY(THIS IS NOT A LICENSE TO PERFORM WORK. THIS ALLOWS THE • F• BUSINESS ONLY IF IT HAS A • CH2M HILL INC • i i• r CO 80112 CHARLIE GRIST CHARLES W. DRAGO GOVERNOR SECRETARY DISPLAY AS REQUIRED BY LAW STATE OF FLORIDA �F%.ter DEPARTMENT OF ;! PROFESSIONAL BOARD OF ARCHITECTURE i NORTH MONRLANDSCAPE OE STREET TALLAHASSEE FL .. -0783 CH2M HILL INC ENGLEWOOD CO 80112 Congratulations} With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurant, and they [seep Florida's economy strong. Every day we work to improve th9 way we do business in order to serve you better. For information about our services, please tog onto www.myloridalicense.com, There you can find mows information about our divisions and the regulations that Impact you, subscribe to department newsletters and learn more about the Department's Initiatives. Our mission at the department is: Ucense Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license$ I DEPARTMENT OF BUSINESS PROFESSIONAL REGULATION L 260001 11/10/09 098088140 LANDSCAPE ARCHITECT BUSINESS CH2X HILL INC HAS REGISTERED wh ff-vVirstion date, NOV 30, .481 DEPARTMENT Or BUSINESS AM PROFESSIONAL! R :aA•i OF LANDSCAPE ,4 N!/ OHER IMMUR-1 ME IFIN&EM&Mi i s i i t :- The LANDSCAPEM:BUSINESS Ramed below HAS REGISTERED Under the provisionsof Y. r; Expiration date: NOV 30, 2011 e< IArole)i 1 CHARLES W. DRAGO DISPLAY AS REQUIRED STATE-OFFFLORM DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF PROF SURVEYORS & MAPPERS 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 CH2M HILL INC 9191 S JAMAICA ST ENGLEWOOD CO 80112 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to Improve the way we do business in order to serve you better. For Information about Our services, please log onto www.myflorldallcense-corn. There you can find more information about our divisions and the regulations that Impact you. subscribe to department newsletters and learn more about the Department's Initiatives. Our mission at the Department is: License Efficienfly, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new licensel (850) 487-1395 STATE OF FLORIDA ACI 4286448 DEPARTMENT OF BUSINESS AND IIIIIIII PROFESSIONAL REGULATION LB72 02/28/09 080380071 SURVEYING & MAPPING BUSINESS --H2M HILL INC 19 CERTIFIED under the pra�isicnz of ch.472 wo z.pi..tiau dt.. FES 28, 2011 L09022800457 DEPARTMENT &F B3jIN`ESj PD PROFESSIONAL REGULATION In BO. PRO URVEYORS & MAPPEh§ SEQ#LO9022800457 DATE 13AICHNUMBER The SURVEYING & MAPPING BUSINESS Named below IS CERTIFIED Under the provisions of Chavter 472 FS. Expiration date: FEB 28, 2011 ROUWTWK� CHARLES W. DRAGO jVlSPLAY AS REQUIRED BY LAW SECRETARY STATE OF IDA �yw "%5rY DEPARTMENT •• BUSINESS AND PROFESSIONAL BOARD OF PROFESSIONAL GEOLOGISTS 1 NORTH MONROE POWERSCH2M HILL, INC ENGLEWOOD CO 80112 Congratulations[ With this license you become one of the nearly one million Floddlans licensed by the Department of Business and Professional Regulation Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to Improve the way we do business in order to serve you better For information about our services. please log onto www.my#toridailcense-con. There you can find more Information about our divisions and the regulations that impact you, subscribe to department newsletters and team more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida. and congratulations on your new license] (850) 7-1395 STATE OF . •, DEPARTMENT OF BUSINESS F. PROFESSIONAL REGULATION GEOLOGY BUSINESS L1121W KILL, INC 13 z. ,:, 0 A 3863695 FLORIDA DEPARTMENT OFF` 9. 6�INES AND PROFESSIONALREGULATION BOARDr C!Ri[J7 ESSIONAL GEOLOGISTS SEQXL08071800389 The GEOLOGY BUSINESS ; [lamed below IS CERTIFIED Expiration date: =JUL1 i ik CH2X HILL, INC POWERS ENGLEWOOD CO 00112 GOVERNOR 1iZ91-11tiW-V119 r r � r EXHIBIT "A" Monroe County Continuing Contract for Architectural/ Engineering Services Professionals -- Engineers, Architects, Planners, Economists, Scientists, Hydrologists, Hydrogeologists, Geologists Regional Group Manager 192 Principal Project Manager, 182 Principal Technologist Senior Project Manager, 167 Senior Technologist Project Manager, Architect/ Engineering 149 Specialist, Scientific Specialist, Planning Specialist Associate Project Manager, 132 Project Architect/ Engineer, Project Scientist, Project Planner Associate Architect/ Engineer, Associate 118 Scientist, Associate Planner Staff Architect/ Engineer 11 104 Staff Architect/ Engineer 1, Staff 92 Scientist II, Staff Planner 11 Staff Scientist I, Staff Planner 1 72 Technicians -- Drafters, Graphic Artists, Computer, Surveyors, Cartographics, Construction Inspectors Technician 6 116 Technician 5 ill Technician 4 99 Technician 3 80 Technician 2 72 Technician 1 64 Technical Aide 55 Office Support Specification Processor 87 Clerical/Office Support 62 KHOU CONTRACTS GROUPkCLIENT,PROPOSALS-CONTRACTS\MONROE COUBTIABSIOMONROE CO EXHIBIT A2010 RATESDOC