Item G091 T
113E '44
Meeting Date: November 20, 2013 Division: — Public Works/Engineering
Bulk Item: Yes X No — Department: Project Management
U"Dby.v 0 V
a&= I
III 1Le lee Yor proressional services for eacn inf ual stuay unaer tile contract does
not exceed $200,000.00.
ITEM BACKGROUND: A Continuing Contract for Professional Architect/Engineering Services was
awarded to Currie Sowards Aguila Architects on January 20, 2010. The contract term is for four years
with the option to renew the contract for two one year periods. Currie Sowards Aguila Architects
contract will expire on January 19, 2014.
PREVIOUS RELEVANT BOCC ACTION: On January 20,2010 the BOCC approved a Continuing
Services Contract with Currie Sowards Aguila Architects 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.
FrIT4 ff Toro MUMIM
"IT - M41
TOTAL COST: N/A 1! 1" COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: — N/A SOURCE OF FUNDS; N/A
REVENUE PRODUCING: Yes — No X AMOUNT PER MONTH Year
,
APPROVEDBY: County Atty 0 0�
_ O
L MBlPurcVas Risk Management
DOCUMENTATION: Included X Not Required
11) ki
V1 �0'
13ferin
lem ZVI -7761 WIN 1711
Contract with: Currie Sowards Aguila Contract #
Effective Date:
Expiration Date:
01120/14
01/19/15
Contract Purpose/Description:
Renewal of the Continuing Contract for ArchitecturOEngineering Services in which
Construction costs do not exceed $2,000,000-00 for for study activity if the fee for professional
services for each individual stuciv iinder tht r.nntrant dnFa-z nnt,-Yri-i-d -IVW (M AA
Contract Manager: Am Riger
(Name)
X4439 Project Mgmt/Stop #1
(Department/Stop #)
genda Deadline: 11/04/13___
, salaries, etc
RITS MIN
-- a —11 zwyiacu ",4 ifu i ivi%-r ftL
Changes
Date Out
Division Director
Date In
Needed Re i w
YesE] NoM,,
Risk Management
t J 7
Yes NoE]`
O.M.B./Purchasing
Yes Ej NoEl GIM'M'LA' L
.
CountyAttorney
Yes E] No
-- a —11 zwyiacu ",4 ifu i ivi%-r ftL
AMENDMENT TO CONTRACT FOR
PROFESSIONAL
BETWEEN OWNER AND
• :'. •'.. i i i .:..
This First Amendment to Contract (herein after "Amendment") between Owner and Architect /Engineer
for the Continuing Contract for Professional Services ( "Contract"), entered into between Monroe County
I ( "Owner" or "County ") and Currie Sowards Aguila Architects ( "Architect/Engineer") is made and entered
nto this 2& day of November, 2023, in order to amend the Contract as follows:
pursuant to Florida Statute 287.055 rendered for projects in which the
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
uears commencine, on the date of th
• a 1.
for two additional one year periods;
If f ' • 1 ! • • • , • ,
and for other good and valuable consideration, the sufficiency of which hereby acknowledged, the
1wner and the Architect agree as follows:
1 terminating J anuary 1
2. The following shall be added to Article XVII of the original Continuing Contract dated January 20,
2010:
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
..
the purpose f informing other 4 and potential of work
experience Y qualifications.
dated 3. In all other respects, the original Continuing Contract
representative . the day . year first written above.
(SEAL)
Attest: AMY HEAVILN, CPA, Clerk
By:
! - . - r
RIM
F
ARCHITE
By:
rie ar s Aquila Architects
MONROE COUNTY ATTO
ROV D AS T F
N ILEENE W. CASSEL
ASSISTANT COUNTY ATTORNEY
Tam FIL 3360
INSURE
185 NE Suite i•
D elray r
IMF'
INSURER A: MSA Insurance Compa
INSURER B: Travelers Casualty & Surety Co
INSURER C : XL Specialty Insurance Company
INSURER D:
INSURER E
INSURER F
111066
NAIC #
C OVER AGES
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.
INSR (AODL`S'UBR POLICY EFF POLICY EXP LIMITS
LTR TYPE OF INSURANCE �INSR POLICY NUMB (MMIDDdYYYY} [NiMIDDIYYY�
A I GENERAL LIABILITY , BP G98835 1 08/17/2013 48/177201 EACH OCCURRENCE $1 ON
CO MMERCIAL GENERAL LIABILITY
• CLAIMS -MADE ® OCCUR
UMBRELLA LIAB I OCCUR
EXCESS LIAB CLA -MADE 1
DED RETENTION $` _
B WORKERS COMPENSATION X UB5436Y349
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETORIPARTNERIEXECUTIVE
OFFICERIMEMBER EXCLUDED? NIA
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
C I Professional DPS9711454
Liability
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) f
PROPERTY DAMAGE
(PF,r arch innl —1 $
O M 6GE rO RENTED ercurrenre $500,000
Pe E ISFS !a
DIED ESP (Any one person) $ 5,000
PERSONAL &ADV INJURY __$1,
AP PLIES :
GEN 1 PO�
GENERAL AGGREGATE
$2,000,000
PRODUCTS - COMPIOP ADS
$2,000,000
CYEG�LC�L 1111
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–
A
AUTOMOBILE LIABILITY
BPG98835
ANY AUTO
ALL OWNED SCHEDULED
AUTOS _ AUTOS
_
N-OW NED
1 X X
HIRED AUTOS . AUTOS
UMBRELLA LIAB I OCCUR
EXCESS LIAB CLA -MADE 1
DED RETENTION $` _
B WORKERS COMPENSATION X UB5436Y349
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETORIPARTNERIEXECUTIVE
OFFICERIMEMBER EXCLUDED? NIA
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
C I Professional DPS9711454
Liability
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) f
PROPERTY DAMAGE
(PF,r arch innl —1 $
O M 6GE rO RENTED ercurrenre $500,000
Pe E ISFS !a
DIED ESP (Any one person) $ 5,000
PERSONAL &ADV INJURY __$1,
GENERAL AGGREGATE
$2,000,000
PRODUCTS - COMPIOP ADS
$2,000,000
7/2013 08/17/201 COM6INEi] SINGLE LIMIT 1,000,000
fEaacc�dnnl} $
AGGREGATE OCCUR RENCE --
I L'
/01/2013 01/01 /201 X
E.L. EACH ACCIDENT $1.000,000
E.L. DISEASE - EA EMP $1 ,000,000
E L. DISEASE -PO L IMIT $1,000,000
/24/2013 08124/2014 $2,000,000 per claim
$2,000,000 anni aggr.
I I I I I I
DESCRIPTION OF OPERATIONS d LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Professional Liability coverage is written on a claims -made basis.
Monroe County is an additional insured with respect to General Liability and Auto Liability.
CERTIFICATE HOLDER i:ANUtLLAI IUN
M onroe County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
y 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
O 1988 -2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) 1 01`1 The ACORD name and logo are registered marks of ACORD
510819832/10819821 KEBEW
STATE OF FIX RIDA
DEPARTMENT OF SUM658 AND PROFESSIONAL REGULATION
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BOARD OF ARCHITECTURE &INTERIOR DESIGN
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8OARD OF ARCHITECTUR8 41HTERIOR OESM
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The ARCI IITEGT
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Under the wov ry4ng of Chnplsr 46 f FS
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STATE OF FLORIDA
DEPARtMEW Of BUSINESS ANO PROFESSIONAL REGULATMH
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BOARD OF ARCHITECTUR.0 & IN TERIOR DES"
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RICK SCOTT MEANT, UAM.2013 moo L13MOMMIA43
S ECRETARY
cc ✓[nllnrx DISPLAY REQUIRED BY LAW
ANNE M. GANNO
CONSTITUTIONAL TAX COLLECT
Servinx F'On' Rearh "'ourti-4
Serving you.
P,O. Box 3353, West Palm Beach, FL 33402-3353
www.pbctax.com Tel: (561) 355-2264
zff@�.
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b"WAR
134 NE 1 STAVE ST
DELRAY BEACH, FL 33444-3713
M I I I M I M I I I I I I I I I I M I I R I I M I I I I I I I I M I I D I I I I I I I I I
STATE OF FLORIDA
PALM BEACH COUNTY
201312014 LOCAL BUSINESS TAX RECEIPT
This receipt grants the privilege of engaging in or
managing any business profession or occupation
within its jurisdiction and MUST be conspicuously
displayed at the place of business and in such a
manner as to be open to the view of the public,
CONTRACTFOR
PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECT/ENGINEER
This contract shall be effective on the date of execution by the last party signatory to the
contract.
This contract is issued as a continuing contract pursuant to Florida Statute 287.055(2) (g).
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 f o r s tudy activity if the fee for
professional services for each individual study under the contract does not exceed Two
Hundred Thousand Dollars ($200,000.00).
The parties shall enter into a separate contract for each project awarded to the Architect
by the Owner. The specific services to be performed under these separate contracts will
be determined by the Owner and agreed to by the Architect. Each separate contract will
contain specific scope of work, time schedule, charges and payment conditions, and
additional to and conditions applicable to that specific contract. Architect 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 services in the for of a
continuing contract, commencing on the effective date of this contract and ending four
years thereafter, with options for Owner to renew on an annual basis for two additional
years,
The terms and conditions of this Contract shall apply to any separate contract, unless
cxpressly modified in the provisions of the separate contract, "Miere the terms of this
Contract differ from the terms of the separate contract, the terms of the separate contract
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
IDIUM612=9
MMURNM
I
By executing this Contract, Architect makes the following express representations and
warranties to the Owner:
1.1.7 In providing all services pursuant to this agreement, the Architect shall abide by
all statutes, ordinances, rules and regulations pertaining to, or regulating such services,
including those now in effect and hereinafter adopted. Any violation of said statutes,
ordinances, rules and re�ulations shall constitute a material breach of this agreement and
SCOPE OF ARCHITEMENGINEER'S BASIC SERVICE
2.1 DEFINITION 2.2 through
2.1.1 A Basic S consist of those des crib d ed in p 1, civil,
2.6. and other services identified as part of Basic Services, an include norma
structural, mechanical, and e lectrical engineering services.
, ut shall not necessari be l to,
2.1.2 The Design for C shall includes .
r , details. omponents,
d spec if ica tions which describe all Syste m elements I
plans an cessa for ec construction. The es or
materials, equ ipment, and other information ne ts adequate for construct i
C shall be accurate, coor dinated and in all respe law, codes, permits, and
and shall be i conforinity, and complY, with all applicabl
.
regulations. p equipment and materials " le d j u se shall be readily
i contrary is given by the owner. Tile
available un written authorization to the co
Architect shall be responsible for designing t h e p in shed by the Owner. accordance with the analyses
and recommendations Of the ge otechnical information fu of
hall i b not be linutcd to: preparationand completsi
ion
2.1.3 These services s requirements and re i at i ons hips, sc hernatic design, degn
the design program for space re for bids, preparation and advertisement
development, preparatioll of contract document s
f bids, recom-niendation of awars,
f Request for Bids. tabulation and review 0 pre p a ration, administration contract of contra
co st e stimating during design and document during construction, rev iew and
consultation and on -site inspections of permit
documents, rea ration and submittal
recommend approval Of contractor invoices, p p
zoning applications, public presen tations and p to the County
appi ications, d in order to be available t perform the
C Architect shall ar range his sche i f requested by COUNTY and with the
listed services for one or for several prots costs w ill no t exceed the
understanding that for any individual project t cons t r uction
li tinder F.S. 287.055 (2)(9)•
9
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 doctunents illustrating the scale and
relationship of Project components.
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.
Upon completion of the Design Development Phase, the Architect shall providc
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 forms of Agreement between the Owner and the
Contractors.
2.4.3 The Architect's construction documents (plans, specifications, etc.) will conform
to all written codes and regulations of the federal government, county, state,
municipalities, agencies and state departments, in effect at the date of this Agreement,
trid. shall be of such completion as to receive all permits when applied for. If pen are
El
denied, then the Architect will conform the construction documents in such manner to
receive permits upon such plans. Work required from the Architect to conforni the
documents to federal, state, city, county, or agency specifications and permit
requirements to allow them to be approved shall be completed at no charge or cost to the
Omner.
InC440 UTAWITRA e i r I r 1r
preparing contracts for construction.
2.5.2 The Architect shall assist the Monroe County Project Management Department in
issuing bidding documents to bidders and conducting pre-bid conferences with
prospective bidders. The Architect, with the assistance of the Monroe County Project
Management Department, shall respond to questions from bidders, and shall issue
addenda.
2.6.2 The Architect shall at all times have access tote or whenever it is in
preparation or progress.
2.6.3 The Architect shall, as contemplated herein and in the Construction Contract, but
not otherwise, act on behalf, and be the agent, of the Owner throughout construction or
the Project. Instructions, directions, and other appropriate communications from the
Owner to the Contractor shall be given to the Contractor by the Architect or Mon-roe
County Project Management Department.
K.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
Vocuments.
i
1t11*J_UWMffA1VJKfM 6XIAOIRBUF WIMPAMR1411MUM
Contract Documents.
I [01FICS-Miluid mtm ac nj IIRIIJ!NIIAWI I , 'A .
2.6.7 The Architect shall require inspection or re-inspection and testing or retesting of
the work, to include arcbitectural/engineering, structural, mechanical and electrical
engineering portions of the work, in accordance with the provisions of the Construction
Contract whenever appropriate.
2.6.8 The Architect, assisted by the Monroe County Project Management Department,
• Final Completion.
2.6.16 The Architect shall make available to the Owner any personnel or consultants
employed or retained by the Architect for the purpose of reviewing, studying, analyzing
or invest eating., an, claims, contentions allegations. • leaal actions relatina to, or ansing
2.6.17 The Architect shall review any as-built drawings furnished by the Contractor and
shall certify to the Owner that same are adequate and complete.
out additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the Architect or its
consultants, or both.
2.6.19 The Architect must reimburse the Owner for any added costs paid by the Owner
during construction that were incurred as the result of any omission, deficiency, or
conflict in the work product of the Architect, its consultants, or both. This added expense
is defined as the difference in cost from that which the Owner would have paid if the
work was included in the bid, and the actual cost presented by the Contractor.
F. 11 " N I IM 0
M
3.1.1 The services described in this Article III are not included in Basic Services. They
shO be paid f o r by the Owner as provided in this agreement as an addition to the
compensation paid for the Basic Services but only if approved by the Owner before
commencement, and as follows:
A. Providing services of Architect for other than the previously listed consulting
it • Project provided as a part of Basic Services.
B. Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted consulting
practice.
C. Providing representation before public bodies in connection with the Project,
upon approval by the Owner.
3.2 If Additional Services are required, such as those listed above, the Owner
shall issue a letter requesting and describing the requested services to the Architect. The
Architect shall respond with fee proposal to perform the requested services. Only after
receiving an amendment to the Agreement and a notice to proceed from the Owner
proceed with the Additional Services.
La punkmn BLI &LUM-0-M
4.2 Prompt written notice shall be given by the Owner and Mon-roe County Project
Management Department to the Architect 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's services and work of the contractors,
4.4 The Owner's review of any documents prepared by the Architect or its consultants
shall be solely for the purpose of determining whether such documents are generally
consistent with the Owner's criteria, as and if, modified. No review of such documents
shall relieve the Architect of responsibility for the accuracy, adequacy, fitness, suitability
• coordination of its work product.
Me
minta V kiwa gin
5.1 The Construction Cost, if applicable, shall be defined in a contract for the specific
Project.
ARTICLE VI
I I I LOW I I I H I I 1W I 10) 110101 to We a LIM I 1101gym-OKU I I Eqw- I I rmu I I V 441
virtue of any deficiency or ambiguity in the plans and specifications provided by the
Architect, the Architect agrees and warrants that he shall hold the County harmless and
shall indemnify him from all losses occurring thereby and shall further defend any claim
or action on the County's behalf.
6.4 The extent of liability is in no way limited to, reduced or lessened by the insuranc�;
requirements contained elsewhere within the Agreement.
6.5 This indemnification shall survive the expiration or early termination oft e
Agreement.
7.1 PERSONNEL
The Architect shall assign only qualified personnel to perfonn any service concerning the
project.
MMUBMAMI
8.1 PAYMIENT
by the County. Hourly rates are provided in Exhibit A and subject to annual affirmation.
Details of payment will be set out in the specific separate contract.
8.2 REMBURSABLE EXPENSES
Shall be negotiated and agreed to prior to award of the separate contract, but only to the
extent and the amounts authorized by Section 112.06 1, Florida Statutes; however prior to
incurring any expense written approval for any reimbursable expense must be obtained
from the County.
8.3.1 The Architect may not be entitled to receive, and the County is not obligated to
pay, any fees or expenses in excess of the amount budgeted for this Agreement in each
fiscal year (October 1- September 30) by County's Board of County Commissioners. The
budgeted amount may only be modified by an affirmative act • the County's Board of
County Commissioners.
approval of the Board members at the time of contract initiation and its duration,
WHOM"
1U APPLICABLE LAW
This contract is governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and perfonned entirely in the State. Venue for any
I. 1411dater-A if Awxanw�-
County, Florida. The Parties waive their rights to a trial by j ury.
MUMTKIM"
10.1 OWNERSHIP OF THE PRELIMINARY DESIGN AND THE DESIGN
FOR COVSTVUCTIOIJ
a W" N1111111 .. I s
oil
0%
10.1.3 The As-Built drawings and specifications may be furnished by the Architect to the
Owner in electronic format in addition to the original As-Built documents.
10.1.4 The Owner may utilize the construction documents, As-Built documents, etc. as
required for reference on any necessary future work on the site, and for constructing,
using and maintaining the Project.
ARTICLE XII
NO THIRD PARTY BENEFICIARIES
A1U1J_kL_1
13.1.1 The Architect shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. Professional Liability Insurance
shall also be maintained as specified. In the event the completion of the project (to
include the work of others) is delayed or suspended as a result of the Architect's failure to
purchase or maintain the required insurance, the Architect shall indemnify the County
from any and all increased expenses resulting from such delay.
1 H11Y 1 1 111 pinnninni
E. Professional liability insurance of Five Hundred Thousand Dollars
($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
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 narned as an additional insured with respect to Architect's
liabilities hereunder in insurance coverage identified in Paragraphs C and D.
G. Architect shall require its subconsultants to be adequately insured at least t*
the limits prescribed above, and to any increased limits of Architect if so
required by County during the term of this Agreement. County will not pay
for increased limits of insurance for subconsultants.
B
H. Architect shall provide to the County certificates of insurance or a copy of all
insurance policies including those naming the County as an additional insured
by including any subsection thereunder. The County reserves the right to
require a certified copy of such policies upon request.
llgi:iililgcm
14.1 Either party hereto may terminate this contract prior to expiration upon giving
ly-i a I I I I I re I Ito] I or-) I IN I I a Ilk
I OWN I I 1OR ■
15.1 This contract constitutes of 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,
ARTICLE XVI
Me i a FW j
the parties. If no resolution can ■ agreed upon within 30 days after the first meet and
confer session, the issue or issues shall be submitted to mediation before a mediator
UN
mutually agreed to • the pai ties. The cost of mediation shall be shared equally. The
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 Acyreements reached in mediation shall be reduced to writing and signed by the
C� I
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.
Ns
Tn"17"7?7"Li TIRMOTTIVE TV rucrm IFT I I 1 L I I K., p al L I
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
MI
of any other administrative or legal proceeding, pursuant to Section XVI of this
agreement.
e) Binding Effect. The terms, covenants, conditions, and provisions of tj
Agreement shall bind and inure to the benefit of the County and Architect and th
respective legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that tIM1
execution, delivery and performance of this Agreement have been duty authorized by A
necessary County and corporate action, as required by law. Each party agrees that it h
e
had ample opportunity to submit this Contract to legal counsel of its choice and ent
into this agreement fteely, voluntarily and with advise of counsel.
g) Claims for Federal or State Aid. Architect and County agree that ea
shall be, and is, empowered to apply for, seek, and obtain federal and state funds
further the purpose of this Agreement; provided that all applications, requests, gr
proposals, and funding solicitations shall be approved by each party prior to submission]
h) Adjudication of Disputes or Disagreements. County and Architect agrM
T
that all disputes and disagreements shall • attempted to be resolved under Section X
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 as may be provided
this Agreement or by Florida law. I
i) Cooperation. In the event any administrative or legal proceeding
instituted against either qar�y relating to the formation., execution Anrmsn cie_or hm,9A-P
of this Agreement, County and Architect agree to participate, to the extent required by tfs
M
other party, in all proceedings, hearings, processes, meetings, and other activities related
to the substance of this Agreement or provision of the services under this Agreement.
County and Architect specifically agree that no party to this Agreement shall be required
to enter into any arbitration proceedings related to this Agreement,
k) Covenant of No Interest. Architect and County covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict in any
manner or degree with its performance under this Agreement, and that only interest of
each is to perform and receive benefits as recited in this Agreement.
in) No Solicitation/Payment, The Architect and C"ounty warrant that,
M j respect to itsel it has neither emoloied nor retained ani comi2ani or erson other than
[V
a
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 deenned 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
em oiee o Monroe Counti shall be liable oersonallL th* A
_2 �his A�areement or be
U) Americans with Disabilities Act of 1990 (ADA) and Florida Accessibility
Code (FAC), current edition, whichever is required for the specific project. The
Architect will comply with all the requirements as imposed by the ADA, the regulations
of the Federal government issued thereunder, and the assurance by the Architect pursuant
thereto.
w) Execution in Counterparts. This Agreement may be executed in a
number of counterparts, each of which shall be regarded as an original, all of which tak
together shall constitute one and the same instrument and any of the parties hereto ml,
execute this Agreement by singing any such counterpart.
[IN,
X) Section Headings. Section headings have been inserted in this Agreement
as a matter of convenience of reference only, and it is agreed that such section headings
are not a part of this Agreement and will not be used in the interpretation of any provision
of this Agreement.
Date: I zk� N sz�
WITNESS TO Architect's Signature:
By:
Kathleen Davis
ate® I z"z—z- 09
us
Employer's Liability
Mrz Man "M
WMMMM�
Statutory Limits
$100,000 Combined Single Limit
Professional Liability $500,000 per occurrence/ $ 1,000,000
Aggregate
IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND
SUBCONSULTANTS
The first ten dollars ($10.00) of remuneration paid to the A-rchitect/Consultant is
consideration for the indemnification provided for above.
ME
• , j is in no Val
c ntained elsewhere within this agreement.
neinsTrance e ma
with all the requirements
Currie Sowards Aquila Architec
Respondent
ff.=
INSURANCE AGENrs STATEMENT
apply to the corresponding policy.
1111:411111111"ll :
General Li bit - USA Insurance Compa nylftllcy PG31784 /Vv A el
Automobile Liabi I I - MSA Insurance Company/Policy XBPG31784 'None,
Workers Comp - Travelers CasulaV & Suretylftflciv #UB5436Y34 Al-', 0 e-
Prof esslonal LiablIfty - XL Speclafty Insurance /Policy 9617 a ;25, 000
Liability policies are Occurrence X Claims Made
Suncoast Insurance Associates, Inc. "3 600 0r .
Insurance Agency Signature
1'1
II
Date: December 22,2009
Fax: 561-243-8184
Signed: Witness:
Jose N. Aquila, AIA
(Name)
Principal/Secretary
(Title)
AS 4181478 -- — `- -- - - - -- - STATE OF FLORIDA - - - - - - -- --- - --
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MONROE COUNTY, FLORIDA
Currie Sowards A�uiha Architects
(Company)
Principal
( Si g n ure)
Date: December 22, 2009
by Jos6 N. Aguila, AIA He is personally known to me.
NOTARY PUBLIC
My commission expires: t t 10 0
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P ITA O JO10 QVI 1 RINWIN
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later than five (5) ys after such conviction.
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rehabilitation program if such is available in the employee's community, or any employee who is
so coivicted.
♦ 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.
M
6t's Signature
oll
r � Lw # j fflllf j $Rq o 7
I am Secretary/Principal
December 22, 2009
(S nalpfh (Date)
PERSONALLY APPEARED BEFORE ME, the undersigned authority, JosdN.Aguila,AIA
th
22nd day of December 2009 1
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its
1 WC 1 M "N
('JURRIE 9 SOWARDS * AQUILA * ARCHITEC
j*iobeft 0. Curde, rAM Jew M. So%mff&, ALA JoM N. Agulfla
F. Nynm�
Principals
$175.00
Project Architect
$150.00
Project Manager
$125.00
CADD Level 1
$ 85.00
CADD Level 11
$ 65.00
Clerical
$ 45.00