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Item C07C ounty of M onroe {f `° " rel BOARD OF COUNTY COMMISSIONERS n Mayor David Rice, District 4 The FlOnda Key y m 1 �� Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting July 18, 2018 Agenda Item Number: C.7 Agenda Item Summary #4390 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Ann Mytnik (305) 292 -4439 N/A AGENDA ITEM WORDING: Approval to rescind the April BOCC approval of the Second Amendment to the Consultant Agreement for Professional Architectural and Engineering Services with Pike Architects, Inc. ITEM BACKGROUND: A Second Amendment to the Consultant Agreements we have on file for seven (7) Professional A/E Services added required federal provisions to the agreements as well as established a timeline for the consultant's performance and cost estimating requirements and were approved by the BOCC at its April 19, 2018 meeting. Pike Architects, Inc., however, did not approve and execute its amendment despite several attempts by staff to get him to do so (Item C -19). In addition to the non - compliance with approving the Second Amendment, the certificates of insurance on file for Pike Architects for general liability, automobile liability, and professional liability policies expired on 06/06/18. Attempts were made by staff to obtain current certificates of insurance, without success. Separately, based upon advice by County Attorney staff, staff has advised Pike Architects that its contract with the County is terminated due to its failure to comply with the Agreement. PREVIOUS RELEVANT BOCC ACTION: 04/19/18 BOCC approved a Second Amendment to the Consultant Agreement with Pike Architects, Inc. for Professional Architectural and Engineering Services to include required federal contract provisions and establish a timeline for performance and cost estimated requirements. 01/18/17 BOCC approved the First Amendment to the Agreement to revise public records compliance language in accordance with Chapter 119 of the Florida Statutes pursuant to legislative revisions to § 119.0701. 01/21/15 BOCC approved the Consultant Agreement with Pike Architects, Inc. to provide professional services for miscellaneous projects in which construction costs do not exceed Two Million and 00 /100 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 and 00 /100 Dollars ($200,000.00). CONTRACT /AGREEMENT CHANGES: Rescind approval of 2nd Amendment to Consultant Agreement. STAFF RECOMMENDATION: Approval as stated above. DOCUMENTATION: Second Amendment Pike Architects (legal stamped) Pike 1 st Amendment Pike Insurance (expired 6 -6 -18) Pike Professional Servies Agreement FINANCIAL IMPACT: Effective Date: 07/18/18 Expiration Date: 07/18/18 Total Dollar Value of Contract: N/A Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: N/A REVIEWED BY: Kevin Wilson Patricia Eables Maria Slavik Kathy Peters Board of County Commissioners Completed 07/02/2018 2:51 PM Completed 07/02/2018 3:43 PM Completed 07/03/2018 7:28 AM Completed 07/03/2018 6:27 PM Pending 07/18/2018 9:00 AM SECOND AMENDMENT TO THE CONSULTANT AGREEMENT FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES This Second Amendment ( "Amendment ") made and entered into this 19` day of April 2018, by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, its successors and assigns, hereinafter referred to as "County ", through the Monroe County Board of County Commissioners ( "BOCC "), AND Pike Architects, Inc., whose address: is 471 U.S. Highway 1, Suite 101, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "Consultant" or "Contractor ", WITNESSETH. WHEREAS, on the 21" day of January 2015, the parties entered into a Consultant Agreement for Professional Architectural and Engineering Services ( "Agreement "), pursuant to Florida Statute Sec. 287.055 (2) (g) to provide professional services for miscellaneous projects in which construction costs do not exceed Two Million and 001100 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 and 001100 Dollars ($200,000.00); and WHEREAS, on the 18"' day of January 2017, the First Amendment to the Agreement was approved revising Public Records compliance language in accordance with Chapter 119 of the Florida Statutes pursuant to legislative revisions to §119.0701, which became effective March 8, 2016, and any subsequent changes thereto; and WHEREAS, County desires to add required Federal Contract Provisions to its contracts and/or agreements; and WHEREAS, County desires to include an article in the Agreement establishing a timeline for performance and cost estimating requirements; and WHEREAS, Consultant agrees and consents to such revisions in its Agreement to ensure Federal Required Contract Provision requirements and a timeline for performance and cost estimating requirements; and 9 WHEREAS, the parties find it mutually beneficial to amend its Agreement as to the Federal Required Contract Provisions and the timeline for performance and cost estimating requirements; and NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. Article IX, Paragraph 9.5 of the Agreement, is hereby amended to include the following Federal Required Contract Provisions, if applicable, wherein the aforementioned "Consultant" is also referred to herein as "Contractor" for the Federal Required provisions: 9.5 TERMINATION A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this Agreement after five (5) days' written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this Agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2 -721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon seven (7) days' notice to CONTRACTOR. If the COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available 2 to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Art. IX, Section 2 -721 et al. of the Monroe County Code. 2. Article IX, Paragraph 9.18 of the Agreement, is hereby amended to include the following Federal Required Contract Provisions, if applicable, wherein the aforementioned "Consultant" is also referred to as "Contractor" for the Federal Required provisions: 9.18 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY A. CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action of the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. This include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title Vill of Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination of the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opporlunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964 -1965 Comp., p. 339) as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opporlunily, and implementing regulations at 41 C.F.R. 3 Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor), see 2 C.F.R. Part 200, Appendix 11, ¶ C, agrees as follows: 1) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee, who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR'S Iegal duty to furnish information. 4) The CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the CONTRACTOR'S commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 4 6) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the CONTRACTOR'S non - compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 3. Article IX, Paragraph 9.30 of the Agreement, is hereby amended to include the following Federal Required Contract Provisions, if applicable, wherein the aforementioned "Consultant" is also referred to as "Contractor" for the Federal Required provisions: 9.30 DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY AND OBLIGATION It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this 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 the DBE's have the opportunity to compete for and perform contracts, including but not limited to 2 C.F.R. §200.321. The COUNTY and the CONTRACTOR 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. CONTRACTING WITH SMALL AND MINORITY BUSINESSES. WOMEN'S BUSINESS ENTERPRISES. AND LABOR SURPLUS AREA FIRMS. a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible 5 i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using services and assistance, as-appropriate. of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 4. The Agreement is hereby amended to include the following identified as Article IX, Paragraphs 9.31, 9.32, and 9.33, Federal Contract Requirements, wherein the aforementioned "Consultant" is also referred to as "Contractor" for the Federal Required provisions: 9.31 FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its sub - contractors must follow the provisions as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix 11 to Part 200, as amended, including but not limited to: 9.31.1 Clean Air Act and the Federal Water Pollution Control Act CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 -1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). 9.31.2 Davis -Bacon Act. as amended (40 U.S.C. 3141 - 3148) When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non - Federal entities must comply with the Davis -Bacon Act (40 U.S.C. 31413144 and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction "). In accordance with the statute, CONTRACTORS must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, CONTRACTORS must 6 be required to pay wages not less than once a week. If applicable, the COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the CONTRACTORS must also comply with the Copeland "Anti- Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States "). As required by the Act, each CONTRACTOR or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. i) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. ii) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 9.31.3 Contract_ Work_ Hours and Safety Standards Act [40 U.S.C. 3701 - 37081 Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each CONTRACTOR must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These 7 requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 9.31.4 Rights to Inventions Made Under a Contract or Aereement If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business Firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 9.31.5 Clean Air Act (42 U.S.C. 7401-7671g.), Water Pollution Control Act (33 U.S.C. 1251 -1387) as amended Contracts and subgrants of amounts in excess of $150,000 must comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 -7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 - 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 9.31.6 Debarment_ and Suspension—(Executive _Orders 12549 and 12689) A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9.31.7 Byrd Anti- Lobbying Amendment (31 U.S.C. 1352) CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non - Federal award. 91 9.31.8 Compliance with Procurement of recovered materials as set forth in 2 CFR S 200.322 CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $I0,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (1) In the performance of this contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA - designated items, is available at EPA's Comprehensive Procurement Guidelines web site, littps: / /www.epa.gov /smm /comprehensive- procurement - guideline -cpg- program. 9.31.9 Americans with Disabilities Act of I990 (ADA)- as amended The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 9.31.10 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 9.31.11 Fraud and False or Fraudulent or Related Acts The CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONTRACTOR'S actions pertaining to this contract. 9.31.12 Access to Records The following access to records requirements apply to this contract: (1) The CONTRACTOR agrees to provide MONROE COUNTY, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 9 (2) The CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The CONTRACTOR agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 9.31.13 Federal Government not a party to contract CONTRACTOR acknowledges that the Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non - Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 9.31.14 Department of Homeland Security (DHS) Seal. Low. and Flaps The CONTRACTOR shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre - approval. 9.31.15 Compliance with Federal Law. ReauIations, and Executive Order This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The CONTRACTOR will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 9.32 The CONTRACTOR is bound by the terms and conditions of the Federally- Funded Subaward and Grant Agreement between County and the Florida Division of Emergency Management (Division). 9.33 The CONTRACTOR shall hold the Division and County harmless against all claims of whatever nature arising out of the CONTRACTOR'S performance of work under this Agreement, to the extend allow and required by law. 5. The Agreement is hereby amended to include the following identified as Article IX, Paragraph 9.34, Time for Performance /Baseline Schedule /Cost Estimates: 9.34 TIME FOR PERFORMANCE/BASELINE SCHEDULE 1 COST ESTIMATES Time is considered of the essence in the performance of the services required by this Agreement and defined in the scope of work. The CONSULTANT will be prepared to commence work upon receiving a Notice to Proceed from the COUNTY and to complete all functions in accordance with the schedule and delivery requirements outlined in the "Baseline Schedule / Cost Estimates" special provisions and specifications included below: 10 9.34.1 SCHEDULING REQUIREMENTS 1. Baseline Schedule 1.1 A baseline project schedule indicating the preconstruction activities to be monitored and the anticipated completion dates for milestones are included in Section 3.1. 2. Monthly Schedule Update 2.1 The CONSULTANT will report detailed input and schedule updates on all preconstruction activities in accordance with the Baseline Schedule on a monthly basis. All preconstruction activities must be addressed each month even if there is no change in status. Following the Notice to Proceed, this report will be considered due to the COUNTY on or before the fifth (5th) day of each month. 2.2 A brief narrative describing scheduled milestones with the status for each and a projection of milestone activities anticipated for the next sixty (60) days will be included in the report. 2.3 In the event that milestone dates are compromised for any reason, the CONSULTANT will participate in a schedule review and assessment with the COUNTY and the results will be incorporated into the report. The schedule review and assessment may include, but is not limited to, a detailed critical path analysis, consideration of potential delays, development of recovery plans, reporting recovery activities which are underway, assessing the impact of delays, and developing plans for schedule recovery. 2.4 The COUNTY will evaluate the schedule review and assessment results as reported by the CONSULTANT to determine if adequate provisions are proposed to enable the project to progress in accordance with the Baseline Schedule. If it is determined that an adjustment to the Baseline Schedule is warranted and if the delays are not directly attributed to the operations and /or project management practices of the CONSULTANT as required by this Contract, the COUNTY may grant an appropriate extension of time to complete all or any phase of the work. The CONSULTANT will incorporate recommendations for such time extensions into the monthly schedule update report. 2.5 The COUNTY reserves the right, but does not assume the obligation, to intercede at any time should the CONSULTANT fail to demonstrate the ability to progress 11 the project in accordance with the milestone dates established in the Baseline Schedule. Such action on the part of the CONSULTANT shall be considered non- performance and the COUNTY shall have all rights to seek remuneration and other damages as provided for in this Agreement and the laws of the State of Florida. 3. Project Development Process 3.1 Preconstruction activities should at a minimum include the following elements as applicable. II PROJECT DEVELOPMENT PROCESS II Task Name Milestone Comments Date iE1 3.2 The duration of the Contract should extend through the issuance of a Notice to Proceed to the construction contractor as part of the normal project development process. 9.34.2 COST ESTIMATING REQUIREMENTS 1.1 Baseline Cost Estimates 1.1.1 Following the Notice to Proceed for this Contract, the CONSULTANT will review the existing project cost estimate for the project and submit a written confirmation and/or recommendations for any refinements, changes, and revisions to the COUNTY. The COUNTY will consider any project cost estimate recommendations and issue a final Baseline Cost Estimate. 2.1 Cost Estimate Updates. 2.1.1 The CONSULTANT will update the Baseline Cost Estimate with 30% completion, 60% completion, 90% completion, the completion of the final design effort, and after any significant changes in the scope of the project as defined in this Contract. 2.1.2 In the event that the Baseline Schedule is suspended or delayed in any manner, additional updates of the Baseline Cosa Estimate will be required at six (6) month intervals as long as this Contract remains in effect. The COUNTY may suspend this requirement by issuing a written notice to the CONSULTANT. 6. All other terms and conditions of the Consultant Agreement for Professional Architectural and Engineering Services dated January 2I, 2015, and as amended on January 18, 2017, shall remain in full force and effect. IN WITNESS WHEREOF, each party has caused this Amendment to be executed by its duly authorized representative on the day and year first above written. (SEAL) Attest: KEVIN MADOK, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 13y: Deputy Clerk 13 as Mayor /Chairman MONROE COUNTY ATTORNEY'S OFFICE P ROVFD A8 FO A PATRICIA EABL ASSIST E6 ANT COUNTY TTOR DATE: Packet Pg. 283 Date: (SEAL) Attest: Date: CONSULTANT: PIKE ARCHITECTS, INC. Witnesses to Consultant: By,F, Print Name Date Print Name Date Title: Title: Print Name Date Title: 14 FIRST AMENDMENT TO THE CONSULTANT AGREEMENT FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES This First Amendment ( "Amendment ") made and entered into this 18 day of January 2017, by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "County ", through the Monroe County Board of County Commissioners ( "BOCC "), AND Pike Architects, Inc., whose address is 471 U.S. Highway 1, Suite 101, Key West, Florida 33040, its successors and assigns, hereinafter referred to as "Consultant" or "Contractor ", WITNESSETH: WHEREAS, on the 21 day of January 2015, the parties entered into a Consultant Agreement for Professional Architectural and Engineering Services pursuant to Florida Statute Sec. 287.055 (2) (g) to provide professional services for miscellaneous projects in which construction costs do not exceed Two Million and 00 /100 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 and 00 /100 Dollars ($200,000.00); and WHEREAS, County desires to revise language in its contracts and /or agreements for Public Records compliance in accordance with Chapter 119 of the Florida Statutes pursuant to legislative revisions to § 119.0701 which became effective March 8, 2016, and any subsequent changes thereto; and WHEREAS, Consultant agrees and consents to such revisions in its Agreement dated January 21, 2015, to ensure Public Records compliance; and WHEREAS, the parties find it mutually beneficial to amend its Agreement as to the revised language for Public Records compliance; and NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1) Article 9.22, PUBLIC ACCESS, of the Consultant Agreement for Professional Architectural and Engineering Services dated January 21, 2015, shall be revised as follows with the aforementioned Consultant referred to herein also as "Contractor" for this provision only: 1 Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must 2 provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119. 10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119 FLORIDA STATUTES TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT CONTACT THE CUSTODIAN OF PUBLIC RECORDS BRIAN BRADLEY AT PHONE# 3 05 -292- 3470 BRADLEY - BRIAN @MONR.OECOUNTY- FL.GOV MONROE COUNTY ATTORNEY'S OFFICE 1111 12 Street SUITE 408 KEY WEST, FL 33040. 2) All other terms and conditions of this Amendment shall remain in accordance with the Consultant Agreement for Professional Architectural and Engineering Services dated January 21, 2015. WHEREOF, each party has caused this Agreement to be executed by its duly ',s ,., entat ve on the day and year first above written. MADOK, Clerk By: Deputy Clerk Date: 7 t BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor /Chairman Date: OONROE COUNTY ATTORNEY'S OFFICE PP�tOVE AST I° PATRICIA EABLES AS SISTANT CO DATE: TOR Packet iPg. 287 (SEAL) CONS Attest: PIKE Witnesses to Consultant: _ . B Print Name Date Title: 1 m Print Name Date Title: 4 CF &TIFIG4TE OF , 1USVR,4VCE . , THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provlslons or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER HA CO NT AC T ,, . Rick Hansen HO FAX Hansen Insurance, LLC ! Ho E ((305 N 1305) 674 -9998 E -MAIL ,: ..... ,;. 4590 N. Meridian Avenue ADDRESs, .. rickhanseninsurancefl.com Miami Beach FL 33140 INSURERI5i A FFORDING C OVERAG E NAIC M A307619 NSURERA: The Phoenix InsuranceCom an _25623 INSURED INSURER B : RLI 13056 Pike Architects, Inc. 471 US Highway 1, Suite 101 1 INSURER E: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY P AID CLAIMS. INSR TYPE OF INSURANCE °' - R POLICY NUMBER M EFF M POLOC O Y EXP I LIMITS IYYYY� LTR X I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1000000 CLAIMS MADE X! OCCUR PREMISES arrrenceS 1000000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES IACOAD 101, Additional Remarks Schedule may be attached If more apace is required) Certificate Holder is listed as an additional insured with respect to the Commercial r General Liability insurance and Auto Liability insurance where required by written CCC P V GEM BY contract. r Vi Professional Liability insurance is written on a claims -made and reported basis. Monroe County, through the Monroe County Board of County Commissioners 1100 Simonton Street Key West, Florida, 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1988 -2015 ACORD CORPORATION. All riahls reserved.. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD MED EXP (Any one person) is 1000U PERSONAL 6 ADV INJURY 5 1000000 A " 660- 3DO1892A- PHX -17 06106117 06106/19 GENL AGGREGATE LIMIT APPLIES PER I GENERAL AGGREGATE I S 2000000_ X POLICY ,PRO- JECT _. s LOC PRODUCTS - COMPIOP AGG I s 2000000 is 2THER AUTOMOBILE ......_. LIABILITY COMBINED SINGLE LIMIT Eaa �g ll... ......:: S 1L1000 OW.. ANY AUTO BODILY INJURY (Per person) _...... . ., S g . A OWNED SCHEDULED AUTOS ONLY AUTOS • 660- 3D01892A- PHX -17 06106117 L 06106118 BODILY INJURY (Per accident' 5 ; X HIRED x NON -OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY _IvPra,__dP Ia_,,, 5 UMBRELLA LIAR CUR EACH OCCURRENCE S AGGREGATE S EXCESS MAB CLAIMS -MADE S N._..�. DEO RETENTIONS WORKERS COMPENSATION PER I OT9�= AND EMPLOYERS °LIABILITY YIN STATUTE l R __� ANY OFF[CMEIdBER EXCLUD �ry ECUTIVE N 1 Aj NIA per FL Statute E .L 64CH ACCIDENT 5 E.L DISEASE - EA EMPLOYE 5 (Mandatory In NH) taE5CRIPTI N OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S each claim 2000000 Professional B ROP0029269 06106117 06!06!18 annl. aggr. 2000000 Liability DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES IACOAD 101, Additional Remarks Schedule may be attached If more apace is required) Certificate Holder is listed as an additional insured with respect to the Commercial r General Liability insurance and Auto Liability insurance where required by written CCC P V GEM BY contract. r Vi Professional Liability insurance is written on a claims -made and reported basis. Monroe County, through the Monroe County Board of County Commissioners 1100 Simonton Street Key West, Florida, 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1988 -2015 ACORD CORPORATION. All riahls reserved.. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT CONSULTANT AGREEMENT FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES This Agreement ( "Agreement ") made and entered into this 21 day of January 2015, by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ( "BOCC "), U Z M Pike Architects Inc. whose address is 471 US Highway 1 Suite 101 Key West, 33040 its successors and assigns, hereinafter referred to as "CONSULTANT WITNESSETH: WHEREAS, COUNTY desires to employ the professional architectural and engineering services of CONSULTANT pursuant to Florida Statute 287.055(2) (g) for various County Projects located in Monroe County, Florida; and WHEREAS, the employment of the professional architect serves the appropriate public purpose of providing professional architectural services to Monroe County; and WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous projects in which construction costs do not exceed Two Million Dollars ($2,000,000.00) or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand Dollars ($200,000.00); and WHEREAS, The professional services required by this Contract will be for services in the form of a continuing contract, commencing the effective date of this agreement and ending four years thereafter, with options for the County to renew for one additional 1 year period; and WHEREAS, Specific services will be performed pursuant to individual task orders issued by the COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions that are applicable to such Task Orders; and WHEREAS, Execution of a Task Order by the COUNTY and the CONSULTANT constitutes the COUNTY's written authorization to CONSULTANT to proceed with the services described in the Task Order; and WHEREAS, The terms and conditions of this Agreement shall apply to each Task Order, except to the extent expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of this Agreement to be modified will be specifically referenced in the Task Order and the modification shall be precisely described. PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: ARTICLE _1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documents required by this Agreement 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 CONSULTANT 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; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of 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 Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his /her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT 1.1.8 In providing all services pursuant to this agreement, the CONSULTANT 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 CONSULTANT. ARTICLE II SCOPE OF BASIC SERVICES 2.1 SCOPE OF WORK The CONSULTANT will perform for the COUNTY services as described in individual Task Orders in accordance with the requirements outlined in this Agreement and the specific Task Order. Professional services shall include, but not be limited to: Preparation and completion of the design program for space requirements and relationships, schematic design, design development, preparation of contract documents for bidding, scope of work, tabulations and review of bids, recommendation of contract award, cost estimating during design and document preparation, administration of contract documents, consultation and on site inspections during construction, process shop drawings, recommend approval of contractor invoices, preparation and submittal of permit applications, zoning applications and presentations to the County Commission. All projects shall have construction costs, which do 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). 2.1.1 CONSULTANT'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, and electrical engineering services. 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 to the contrary is given by the Owner. The CONSULTANT shall be responsible for designing the Project in accordance with the analyses and recommendations of the geotechnical information furnished per Article 4.4 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The CONSULTANT shall review the program, schedule and construction budget furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 3 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT 2.2.2 The CONSULTANT shall review with the Owner and Monroe County's Project Management Department proposed site use and improvements, required permits, zoning, selection of materials, building systems and equipment; and method of Project delivery. 2.2.3 The CONSULTANT shall review with the Owner and Monroe County's Project Management Department 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 CONSULTANT 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 At levels of completion of 25 %, 50% and 75% of the Schematic Design Phase, the CONSULTANT shall provide schematic design studies for the Owner's review and the Monroe County's Project Management Department's information. 2.2.6 Upon completion of the Schematic Design Phase, the CONSULTANT 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's Project Management Department's information. 2.2.7 The Schematic Design must be approved in writing, by the Owner prior to CONSULTANT continuing to the Design Development Phase. 2.3 , SCHEMATIC DESIGN PHASE REQUIREMENTS 2.3.1 The Schematic Design Phase services shall respond to program requirements and consist of preparation of: conceptual site and building plans, preliminary sections and elevations, development of approximate dimensions, areas and volumes, concept sketches as required to explain the design intent to the owner. Perspective renderings and models, if required by the Owner, will be billed as an additional service after the Owner's written approval. The CONSULTANT shall perform the following design phase tasks a. Structural Design /Documentation services during the Schematic Design Phase consisting of recommendations regarding basic structural materials and systems, analyses, and development of conceptual design solutions for: a predetermined structural system and alternate structural systems. b. Mechanical Design /Documentation services during the Schematic Design Phase consisting of consideration of alternate materials, systems and equipment, and development of conceptual design solutions for: energy source (s), energy conservation, heating and ventilating, air conditioning, plumbing, fire protection, special mechanical systems, process systems, and general space requirements. C. Electrical Design /Documentation services during the Schematic Design Phase consisting of consideration of alternate systems, recommendations regarding basic electrical materials, systems and equipment, analyses, and development of 4 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT conceptual design solutions for: power service and distribution, lighting, telephones, fire detection and alarms, security systems, electronic communications, special electrical systems, and general space requirements. d. Civil Design /Documentation services during the Schematic Design Phase consisting of consideration of alternate materials and systems and development of conceptual design solutions for: on -site utility systems, off -site utilities work, fire protection systems, drainage systems, sewage treatment, and paving. 2.4 DESIGN DEVELOPMENT /DOCUMENT PHASE 2.4.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the CONSULTANT shall prepare Design Development Documents for the Construction Manager's review and the Owner's approval. The Design Development Documents shall consist of drawings and other documents that establish and describe the size and character of the Project as to architectural /engineering, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.4.2 At intervals mutually agreeable to the Owner, Construction Manager and CONSULTANT, the CONSULTANT shall provide drawings and other documents which depict the current status of design development for the Owner's review and the Monroe County's Project Management Department's information. The CONSULTANT shall provide an estimate of anticipated cost in accordance with the design development phase. 2.4.3 Upon completion of the Design Development Phase, the CONSULTANT shall provide drawings, outline specifications and other documents for the Owner's approval and the Monroe County's Project Management Department's information. The CONSULTANT shall provide an estimate of anticipated costs in accordance with the design development phase. 2.4.4 The Design Development Documents must be approved in writing, by the Owner prior to CONSULTANT continuing to the Construction Documents Phase. 2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS To satisfactorily perform the design development phase requirement, the CONSULTANT must complete the tasks set forth in paragraphs 2.5.1 - 2.5.13. 2.5.1 Floor Plans - This consists of general plans, overall coordinating plans, and plan enlargements for important and special areas. Data required: a. Building perimeter (footprint) and exterior wall type, thickness and composition fixed b. Structural grid or system C. Major mechanical /electrical systems determined and their requirements reflected and indicated on plans d. Indicate buildings core - elevators, stairs, etc. e. All internal partitions of appropriate thickness indicated f. Floor, slab, and level elevations 5 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT g. Typical door types h. Typical partition types i. Built -in furniture items - special furniture and equipment (early clarification of what is "NIC" and "by owner") j. Larger scale (e.g., % "). Key areas, lobby, entries, public plaza, major corridors, special spaces, etc. Required: All surfaces (floor, wall, and ceiling treatments), furniture indication, and layout. k. Evacuation routes identified (to include locating necessary posting of evacuation route plans). 2.5.2 General Elevations a. Total full- height facades including roof structures b. All fenestration C. Overall vertical building and floor heights d. Indicate cross - reference points with sections e. Indicate setbacks, building profiles, expansion joints, etc. f. Indicate treatment of visible mechanical equipment g. System impact (precast concrete, stone, panel systems, metal /glass curtain wall, etc.) properly selected by adequate technical investigation. 2.5.3 Sections Overall Sections - Overall building longitudinal and transverse "building explanation" type. Detail Wall Sections - Largest scale (e.g., 3 / "). Dominate full- height sections conveying basic building configuration, to indicate: a. Foundation and perimeter treatment b. Typical wall construction C. Back -up structure, abutting floor systems d. Window location and insulation methods e. Flashing, masonry coursings f. Mechanical penetrations impact (furring, etc.) g. Parapet design 2.5.4 Details - Large scale (1 -1/2 ", 3 ") as required. Indicate key conditions. a. Window types: divisions, pattern, mullion profiles, vent detail, glazing type, jamb /head, plan section b. Hollow metal (typical only; keyed to plans and schedules) C. Frame types (typical only; for compatibility and profile) d. Stair types - egress, public, exterior (including railing design) Metal and glass walls, borrowed lights, etc.; for division, profile, and glazing f. Interior partition types (typical only; keyed to plans and schedules) g. Built -in furniture items, receptions, desks, work tops, counters, cabinet types, display cases, recesses, wardrobes, millwork, etc. 2.5.5 Interior Elevations - Typical and special spaces, interfaced with, and cross - referenced to, floor and reflected ceiling plans. Indicate: a. Breaks 2 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT b. Level changes C. Pertinent vertical dimensions. 2.5.6 Reflected Ceiling Plans - Typical and special space. Integrated plans reflecting structural, mechanical, and electrical impacts. Plans to indicate: a. Lighting layouts b. Soffits, coves, furrings C. Skylight locations d. Ceiling materials e. Acoustic treatments f. Heating and ventilating register, diffuser locations g. Sprinklers h. Access panels 2.5.7 Schedules - Schedules to be non - repetitive and comprehensive, with specific keying to floor plans and elevations. a. Interior finishes b. Doors and frames C. Preliminary hardware d. Windows /glazing 2.5.8 Specifications - Comprehensive, abbreviated methods, materials and systems descriptions in tune with drawings. Use CSI format with applicable section numbers. Include all consultant portions as well as those special supplementary conditions specific to the project. 2.5.9 Preliminary Estimate of Construction Cost - Adjustment of the preliminary estimate of construction cost prepared at the end of schematic design. 2.5.10 Structural Design Development Set a. Floor plans at the same scale as the architectural /engineering drawings b. Typical floor framing plans, including sizing of beam drops, slab openings, thicknesses, and depressions C. Framing indication and governing sizing at: roof structures, penthouse, bulkheads, other d. Non - typical framing scheme where required: lobby, floors at grade, and other e. All column points established f. Final column schedule g. Preliminary details and sections to adequately indicate structural system h. Preliminary details of major unique conditions that impact on scheme (as determined by the CONSULTANT) i. Details indicating accommodation with mechanical /electrical at areas of major interface j. Design development specifications k. Any necessary recommended adjustments to the preliminary estimate of construction cost. 2.5.11 Mechanical /Electrical Design Development Set 7 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT a. Typical floor plans. Systems representation in diagrammatic (non - detailed) style, major items of equipment indicated their space requirements and interface requirements with other systems. Indicate: major shafts (sizes), chases, mechanical rooms and electric closets, and convector /fan coil locations, etc. b. Required punctures: wall, slab, and beam C. Terminal plans (lobby, cellar, roof) with items of heavy equipment shown in diagrammatic style, with their space requirements indicated: (1) Boiler /heater spaces (include clear height requirements), (2) Transformer vaults (approved obtained from local utility company), (3) Switchgear, emergency generator, water storage tanks, fire pumps, etc., (4) Roof cooling towers, major air - conditioning and air - handling equipment, packaged units, etc. d. Locations of major roof -air handling equipment: cooling towers, exhaust fans, etc. e. Preliminary details of major and unique conditions that impact on scheme (as determined by the CONSULTANT) f. Data to be developed in conjunction and in coordination with the project team: 1. Integrated diagrammatic lighting plans indicating all overhead mechanical and electrical equipment for typical floor and special spaces 2. Cuts and explanatory information for interior visual items such as: louvers, registers, heating /cooling units, and cabinets. 3. Exterior louver requirements and proposed locations. 2.5.12 Site Design Development Set a. Building location plan -- building tied down dimensionally with pertinent adjacencies, street lines and grades, property lines, required setbacks, easements, rights of way, manholes, sewers, hydrants, light standards, etc., interfaced with survey. b. Main entry level datum elevation with key exterior grades at building perimeter. C. Site development grading and landscaping plans d. Overall preliminary site grading and defined design of external elements, properly coordinated and interfaced with mechanical /electrical for utility entry points e. Indicate areaways, vaults, access to sub -grade spaces f. Preliminary site and exterior building lighting scheme with identification of fixture types g. Parking area defined with preliminary plotting h. Indication of paths, stairs, ramps, berms, terraces, etc. i. Plant materials (indication and preliminary schedule) j. Design development details: railings, stairs, ramps, paving types and patterns, kiosks, benches, light standards, others k. Design development specifications I. Any necessary adjustments to the preliminary estate of construction cost. 2.5.13 Other Consultants' Design Development Sets As appropriate to the Project. 2.5.14 Limitations - The above list of drawings represents, in general, the requirements of the Project. PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT 2.6 CONSTRUCTION DOCUMENTS PHASE 2.6.1 Based on the approved Design Development Documents and any further adjustments authorized by the Owner in the scope or quality of the Project or in the construction budget, the CONSULTANT shall prepare, for approval by the Owner and Monroe County's Project Management Department, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. 2.6.2 The CONSULTANT shall provide Drawings and Specifications for the Owner's and the Monroe County's Project Management Department's review. 2.6.3 Upon completion of the Construction Documents Phase, the CONSULTANT shall provide Construction Documents for the Owner's and Monroe County's Project Management Department's approval. Once approved the CONSULTANT shall provide the Owner with seven (7) complete signed and sealed sets of construction drawings and four (4) hard copies of the technical specifications and one copy of the drawings and the technical specifications saved electronically in Adobe Acrobat file (.PDF) format delivered on a downloadable CD /DVD Any and all files used to create the technical specifications need to be submitted saved as an Adobe Acrobat file (.PDF) format, with tabbed and indexed section including but not limited to; technical sections, reports such as, asbestos, geotechnical, soils, paint, and photographs. The CONSULTANT shall provide an estimate of anticipated costs in accordance with the construction development phase. 2.6.4 The CONSULTANT shall assist the Owner and Monroe County's 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. 2.6.5 The CONSULTANT's construction documents (plans, specifications, etc.) will conform to all written codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to receive all permits when applied for. If permits are denied, then the CONSULTANT will conform the construction documents in such manner to receive permits upon such plans. Work required from the CONSULTANT to conform 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 Owner. 2.7 BIDDING OR NEGOTIATION PHASE 2.7.1 The CONSULTANT, following the Owner's approval of the Construction Documents and the CONSULTANT's latest estimate of Construction Cost, shall assist the Monroe County's Project Management Department in obtaining bids or negotiated proposals and assist in preparing contracts for construction. 2.7.2 The CONSULTANT shall assist the Monroe County's Project Management Department in issuing bidding documents to bidders and conducting pre -bid conferences with prospective bidders. The CONSULTANT shall assist Monroe County's Project 9 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT Management Department with any specific questions from bidders by responding directly to Project Management on questions. CONSULTANT shall not respond directly to bidders. The County is responsible for issuing all addenda. 2.7.3 The CONSULTANT shall, on behalf of the Owner, file all necessary documents required to secure all permits. Assistance with securing a development approval will be in the form of providing schematic drawings. 2.8 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.8.1. The CONSULTANT's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for construction and terminates with the issuance to the Owner of the final Project Certificate for Payment including the submission of all project close -out documents by the CONSULTANT and Contractor. The CONSULTANT will administer the Owner /Contractor contract as provided for in that document. The CONSULTANT agrees to perform a project check prior to the end of the warranty period as a part of the contract. The check shall not exceed one working day unless additional time is approved by the Owner. 2.8.2 The CONSULTANT shall at all times have access to the Work whenever it is in preparation or progress. 2.8.3 The CONSULTANT shall, as contemplated herein and in the Construction Contract, but not otherwise, act on behalf, and be the agent, of the Owner throughout construction of the Project. Instructions, directions, and other appropriate communications from the Owner to the Contractor shall be given to the Contractor by the CONSULTANT or Monroe County's Project Management Department. 2.8.4 Upon receipt, the CONSULTANT shall carefully review and examine the Contractor's Schedule of Values, together with any supporting documentation or data which the Owner or the CONSULTANT may require from the Contractor. The purpose of such review and examination shall be to protect the Owner from an unbalanced Schedule of Values which allocates greater value to certain elements of the Work than is indicated by such supporting documentation or data, or than is reasonable under the circumstances. If the Schedule of Values was not found to be appropriate, or if the supporting documentation or data is deemed to be inadequate, and unless the Owner directs the CONSULTANT to the contrary in writing, the Schedule of Values shall be returned to the Contractor for revision of supporting documentation or data. After making such examination, if the Schedule of Values is found to be appropriate as submitted, or if necessary, as revised, the CONSULTANT shall sign the Schedule of Values thereby indicating its informed belief that the Schedule of Values constitutes a reasonable, balanced basis for payment of the Contract Price to the Contractor. The CONSULTANT shall not approve such Schedule of Values in the absence of such belief unless directed to do so, in writing, by the Owner. 2.8.5 The CONSULTANT shall carefully inspect the work of the Contractor and shall, at a minimum, inspect work at the Project site once every week. The purpose of such inspections shall be to determine the quality and quantity of the work in comparison with the requirements of the Construction Contract. In making such inspections, the CONSULTANT shall protect the Owner from continuing deficient or defective work, from 10 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT continuing unexcused delays in the schedule and from overpayment to the Contractor. Following each inspection, the CONSULTANT shall submit a written report of such inspection, together with any appropriate comments or recommendations to the Owner. 2.8.6 The CONSULTANT shall initially approve periodic and final payments owed to the Contractor under the Construction Contract predicated upon inspections of the work and evaluations of the Contractor's rate of progress in light of the remaining contract time and shall issue to the Owner Approvals of Payment in such amounts. By issuing an Approval of Payment to the Owner, the CONSULTANT reliably informs the Owner that the CONSULTANT has made the inspection of the work required, and that the work for which payment is approved has reached the quantities or percentages of completion shown, or both, that the quality of the Contractor's work meets or exceeds the requirements of the Construction Contract, and that under the terms and conditions of the Construction Contract, the Owner is obligated to make payment to the Contractor of the amount approved. 2.8.7 The issuance of a Certificate for Payment shall not be a representation that the CONSULTANT has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or; (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.8.8 The CONSULTANT shall have authority, after notification to the Monroe County's Project Management Department to reject Work, which does not conform to the Contract Documents. Whenever the CONSULTANT considers it necessary or advisable for implementation of the intent of the Contract Documents the CONSULTANT will have authority, upon written authorization from the Owner, to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. 2.8.9 The CONSULTANT shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The CONSULTANT's action shall be taken with such reasonable promptness as to cause no delay in the Contractor's Work or in construction by the Owner's own forces, while allowing sufficient time in the CONSULTANT's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractors, all of which remain the responsibility of the Contractors to the extent required by the Contract Documents. The CONSULTANT's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the CONSULTANT, of construction means, methods, techniques, sequences, or procedures. The CONSULTANT's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristic of materials, systems or equipment is required by the Contract Documents, the CONSULTANT shall be entitled to rely upon such certification 11 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. CONSULTANT shall take appropriate action on submittals within 14 calendar days. The CONSULTANT shall maintain a tracking log for the submittals which shall include but not be limited to; the submittal as named in the specification, all dates as required for tracking and the status of approval. A copy of the tracking log will be made available to Owner when requested. 2.8.10 The CONSULTANT shall review and sign or take other appropriate action on Change Orders and Construction Change Directives prepared by the Monroe County's Project Management Department for the Owner's approval and execution in accordance with the Contract Documents. CONSULTANT to take appropriate action within 7 calendar days. 2.8.11 The CONSULTANT shall promptly provide appropriate interpretations as necessary for the proper execution of the work as long as there is no change in Contract price. 2.8.12 The CONSULTANT shall require inspection or re- inspection and testing or retesting of the work, to include architectural /engineering, structural, mechanical and electrical engineering portions of the work, in accordance with the provisions of the Construction Contract whenever appropriate. 2.8.13 The CONSULTANT, assisted by the Monroe County's Project Management Department, shall conduct inspections to determine the dates of Substantial Completion and the date of Final Completion. The CONSULTANT shall submit to the Owner a list comprised of incomplete and /or unacceptable items required by the Contract Documents to include architectural /engineering, structural, mechanical, and electrical engineering portions of the work. The CONSULTANT shall forward to the Monroe County's Project Management Department warranties and similar submittals required by the Contract Documents which have been received from the Contractor. The CONSULTANT shall issue a final Project Certificate for Payment upon compliance with the requirements of the Contract Documents. 2.8.14 The CONSULTANT shall interpret and decide matters concerning performance of the Contractor under the requirements of the Contract Documents upon written request. The CONSULTANT's response to such requests shall be made with promptness and within seven (7) days of receipt of request. 2.8.15 Interpretations and decisions of the CONSULTANTs shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings and submitted on proper Construction Change Directives. 2.8.16 The CONSULTANT shall render written decisions within a reasonable time on all claims, disputes or other matters in question between Owner and Contractors relating to the execution or progress of the Work as provided in the Contract Documents. 2.8.17 Duties, responsibilities and limitations of authority of the CONSULTANT shall not be restricted, modified or extended without written agreement of the Owner and CONSULTANT. 2.8.18 The CONSULTANT shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due and (2) as a Basic Service at the Owner's direction from time to time during the correction period 12 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT described in the Contract for Construction. This advice and consultation shall be limited to verbal comment on actions of the Owner and shall not necessitate filing of records, forms, or revisions to drawings, without additional compensation. 2.8.19 The CONSULTANT shall transmit to the Owner all manuals, operating instructions, as- built plans, warranties, guarantees and other documents and things required by the Construction Contract and submitted by the Contractor. 2.8.20 The CONSULTANT shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The CONSULTANT shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. The CONSULTANT shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.8.21 The CONSULTANT shall testify in any judicial proceeding concerning the design and construction of the project when requested in writing by the Owner, and the CONSULTANT shall make available to the Owner any personnel or consultants employed or retained by the CONSULTANT 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. Testimony will be provided as part of the basic services when in defense of claims for actions of the CONSULTANT, unless otherwise prevented by counsel of the CONSULTANT and which time it would be subject to subpoena. For other claims against the Owner, the CONSULTANT will do this under an expert witness with compensation. 2.8.22 The CONSULTANT shall review any as -built drawings furnished by the Contractor and shall certify to the Owner that same are adequate and complete. 2.8.23 The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its consultants, or both. 2.8.24 The CONSULTANT 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 CONSULTANT, its consultants, or both. This added expense is defined as the difference in cost from that which the Owner would have paid if the work was included in the bid, and the actual cost presented by the Contractor. ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 13 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT 3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. 3.3 The following services are considered Additional Services and not included in Basic Services: A. Providing services of CONSULTANT for other than the previously listed consulting scope of Project provided as 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 COUNTY. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide information regarding requirements for the Project including physical location of work, county maintained roads, maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work, so long as the requested documents are in the possession of the County. 4.7 Information requested by the CONSULTANT that may be of assistance to the CONSULTANT and that the COUNTY has immediate access to will be provided as requested. 14 PROFESSIONAL ARCHITECTURAL AND ENGINERING CONTINUING SERVICES CONTRACT ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY /Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT 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. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT 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 CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT 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. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: r» PROFESSIONAL ARCHITECTURAL AND ENGINERING CONTINUING SERVICES CONTRACT NAME FUNCTION Peter M. Pike Principle Architect Seth Neal Project Architect Kurt Mye D B St enning Office Manager So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A, or as an agreed upon lump sum fee, which will be defined in each specific Task Order. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought and the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses are not allowed as part of this contract. 7.4 ADDITIONAL SERVICES 7.4.1 Any Additional Services shall be negotiated and agreed to with each individual Task Order 16 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT 7.5.1 BUDGET 7,5,1 The CONSULTANT 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 contract 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 of the COUNTY's Board of County Commissioners. 7.5.2 The COUNTY's performance and obligation to pay under this Agreement 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. 7.5.3 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 Agreement or in the separate Task Orders for individual projects, the Agreement may be terminated immediately at the option of the COUNTY by written notice of termination delivered to the CONSULTANT. The COUNTY shall not be obligated to pay for any services provided by the CONSULTANT after the CONSULTANT has received written notice of termination, unless otherwise required by law. 7.5.4 The COUNTY does not guarantee CONSULTANT any specific amount of work or Task Orders under this Agreement. The parties shall enter into a separate Task Order for each project awarded to the CONSULTANT by the COUNTY. The specific services to be performed under these separate Task Orders will be determined by the COUNTY and agreed to by the CONSULTANT. Each Task Order will contain specific scope of work, time schedule, charges, payment conditions, and additional terms and conditions applicable to that specific Task Order. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify. the COUNTY from any and all increased expenses resulting from such delay. 8.2 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 coverage shall contain an endorsement providing sixty (60) calendar 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. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. 17 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000 Disease, policy limits, $100,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and /or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non -owned vehicles, with $50,000 per person, $100,000 per Occurrence, $25,000 Property Damage or $100,000 combined single limit. D. Commercial general liability, including Personal Injury 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 CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and /or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $300,00 per Person, $500,000 per Ocurrence, $200,000 Property Damage or $500,000 Combined Single Limit. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Architects Errors and Omissions insurance of $500,000 per occurrence and $1,000,000 annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self- insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS 18 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT 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. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The Drawings, Specifications and other documents prepared by the CONSULTANT are instruments of the CONSULTANT'S service for use solely with respect to each individual Task Order and the CONSULTANT shall be deemed the author of documents and shall retain all common law, statutory and other reserved rights, including reproducible copies, of the CONSULTANT'S Drawings, Specifications, and other documents shall not be used by the COUNTY or others on other projects except by agreement in writing and with appropriate compensation to the CONSULTANT. The COUNTY 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. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. Termination expenses shall include expenses available under the Agreement through the date on the notice of termination and shall not include any additional services required in order to stop performance of services, unless agreed to in writing by the COUNTY and subject to audit for the purpose of verification. 19 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT 9.6 CONTRACT DOCUMENTS This contract consists of any addenda, the Form of Agreement (Articles I -IX), the CONSULTANT'S response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments, if any, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agreement. Each party to this Agreement or its 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 CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies iii, PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 PUBLIC RECORDS "Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: (a) Keep and maintain public records that ordinarily and necessarily would 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 the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (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 information technology systems of Monroe County. 9.10 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 16 Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.11 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term; covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.12 ATTORNEY'S FEES AND COSTS 21 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out -of- pocket expenses, as an award against the non - prevailing party, and shall include attorney's fees, courts costs, investigative, and out -of- pocket expenses in appellate proceedings. 9.13 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.14 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.15 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.16 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall 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 discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.17 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT 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 CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.18 NONDISCRIMINATION CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent 22 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.19 COVENANT OF NO INTEREST CONSULTANT 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. 9.20 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. 9.21 NO SOLICITATION /PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY 23 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT 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. 9.22 PUBLIC ACCESS. The CONSULTANT 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 CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. 9.23 NON - WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver,of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.24 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.25 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.26 NON - RELIANCE BY NON - PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or 24 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.27 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.28 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.29 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.30 DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY AND OBLIGATION It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this 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 the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT 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. 25 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. Date: JR� �l 0- t i OV15 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/ChaiNT C ULT NT PIK RC ECTS INC. By: Title: ` E. STENNING NOTARY PUBLIC STATE OF FLORIDA Comm FF012833 E)Ires 4/2912017 END OF AGREEMENT NROE COUNTY ATTORNEY MROVED AS TQ OW ern° C P$ ORNIR Y .. /f F 26 UU [JUIy kAU1 K ATTACHMENT "A" HOURLY RATES Principle Architect $200.00 Project Architect $150.00 Draftsman $90.00 Project Manager $90.00 Admin $75.00 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF AR CHITECTURE & INTERIOR DESIGN r A R 0015198 { I he ARCHITECT .Named below IS LICENSED Under the provisions of Chapter 481 FS. Expiration date FEB 28, 2015 PIKE, PETER M 471 US HIGHWAY 1 SUITE 101 KEY WEST FL 33040 -2, VIVA ROPHI RICK SCOTT ISSUED: 04/30/2013 SEQ # L1304300000603 KEN LAWSON GOVERNOR DISPLAY AS REQUIRED BY LAW SECRETARY Business Tax Receipt This Document is a business tax receipt Holder must meet all City zoning and use provisions. P.O. Box 1409, Key West, Florida 33040 (305) 809-3955 Business Name PIKE, PETER, ARCHITECT P.A.Ct1Nbr:0008226 Location Addr 471 US HIGHWAY 1 #101 Lic NBRIClass 15-00009454 SERVICE - PROFESSIONAL Issue Date: September 16, 2014 Expiration Date:September 30, 2015 License Fee $309.75 Add. Charges $0.00 Penalty $0.00 Total $309.75 1 Comments: ARCHITECT '1-2 u. h s document must PIKE, PETER, ARCHITECT P.A. 471 US HIGHWAY 1 STE 101 prominently,, PIKE, PIC i�lam� d'i'tln . KEY WEST FL 33040 2014 / 201S MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30 2015 Business Name: PIKE ARCHITECTS INC Owner Name: PETER M PIKE Mailing Address: 471 US HIGHWAY 1 STE 101 KEY WEST, FL 33040 RECEIPT# 46110 -74142 Business Location: 471 US HIGHWAY 1 STE 101 KEY WEST, FL 33040 Business Phone: 305 - 296 -1692 Business Type: PROFESSIONAL (ARCHITECT) 1 STATE LICENSE: AR- 0015198 --- v,- .. .. _, _. _ . . Tax Amount Tra Fee Sub -Total Penalty Prior Years Collection Cost Tataf Paid 30.00 0.001 . .00 30.,�.� l .__— � - �.00 0.00 0.00 0.00 1 30.00 Paid 000 -13- 00013699 09/09/2014 30.00 THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, KeV West, FL 33041 YOU MUST MEET ALL COUNTY AND /OR MUNICIPALITY PLANNING AND ZONING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041 -1129 EXPIRES SEPTEMBER 30, 2015 Business Name: PIKE ARCHITECTS INC RECEIPT# 46110 -74142 Business Location: 471 US HIGHWAY 1 STE 101 Owner Name: PETER M PIKE KEY WEST, FL 33040 Mailing Address: Business Phone: 305 -296 -1692 471 US HIGHWAY 1 STE 101 Business Type: PROFESSIONAL (ARCHITECT) KEY WEST, FL 33040 0 STATE LICENSE: AR- 0015198 Tax Amount Transfer Fee Sub Total Penalty Prior Years Collection Cast Tot Paid 30.00 0.00 30.00 0.00 0.00 0.00 30.00 Paid 000 -13- 00013699 09/09/2014 30.00 PROFESSIONAL ENGINEERING AND ARCHITECTURAL SERVICES .: - SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Pike Architects, Inc. (Company) warrants that he /it has not employed, retaitl ^ otherwise had act on histits behalf any former County officer or employee in violation of Section of inane No. 010 -1990 or any County officer or employee in violation of Section 3 of Ordinance No, 01 19 For breach or violation of this provision the County may, in its discretion, terminate this Agreem nt Rho liability and may also, in its discretion, deduct from the Agreement or purchase price, or other w s reco r, the full amount of any fee, commission, percentage, gift, or consideration paid to the former o 'ty o ic.er or employee ". (Signature) STATE OF. F lorida _ �....._ COUNTY OF; W _ Monroe v Subscribed and sworn to (or affirmed) before me on Se t ember_8. 2 9 1 (date) by Peter M. Pi ke known to me or has produced (name of affiant). He /She is personally as identification. (type of identification) c . F. Stennif T,PV t=1C My commission expires; __ 4/29/2017 Page 41 of 45 PROFESSIONAL EN AND AR CHITECTURA L SERVIC NON - COLLUSION AFFIDAVIT I, P eter M. Pike — _ ,_ � of the city of _K_" West Florida according to law on my oath, and under penalty of perjury, depose and say that: am President of the firm of Pi r ' Chite t , Inc.__ the bidder making the Proposal for the project described in the Request for Qualifications for: Profe ssional En ingeri and Arch itectu ral Continu 19_q_Service Cont and that I executed 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 relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competit and 4. no a t pt Ines been made or will be made b the bidder to induce any other person, partne shi # r ,orporation to submit, or not to submit, a bid for the purpose of restricting comb i - 1 5. the sta a ent , ontained in this affidavit are true and correct, and made with full knowle a th Monroe County relies upon the truth of the statements contained in this affrdavi ii a arding contracts for said project. ` (Signature of Respondent) (Date) STATE OF: Florida COUNTY OF: Monroe PERSONALLY APPEARED BEFORE ME, the undersigned authority, Peter M. Pike who, after first being sworn by me, (name of individual signing) affixed his /her signature in the space provided above on this 8th day of September _ _2014 . r F ter I lY i� t.iC My Commission Expires: 4/29/2017 r. • ,, ,� L � . FLODA 7� A' PROFESSIONAL ENGINEERING AND ARCHITECTURAL SERVICES DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Pike Architects. Inc, - � - (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. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith a °foil to continue to maintain a drug -free workplace through implementation of this section. As the person au ho i e to sign the statement, I certify that this firm complies fully with the above requirements. Respondent's Signature 9/812014 Date 5 ` E. Stenninl My Commission Expires: 4/29/2017 E. STEWNG WTAR PUWC STATE OF IFL OROK cam -- FF012833 E 7 Page 43 of 45 -,-- - 1 DATE(I C.7.d I ACC>RH CERTIFICATE OF LIABILITY INSURANCE 12/1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ONTgtl l k Hansen 0 Hansen Insurance, LLC PHONE 30 5) 674-9998 NO (305) 674 -9998 IU� WU U111, ( I 4590 N. Meridian Avenue E'MAIL. rick@ hanseninsurancel I. com, Miami Beach, FL 33140 ADQRf.§1 — INSURER 2 AFFORDING COVERAGE NAIC# < A307619 RLI 13056 0 INSIIRFRA' 1 1 4 INSURED Pike Architects, Inc. INSURER B The Phoenix Insurance Company 25674 E IN 471 US Highway 1, Suite 101 L_ 0 INSURER D Key West, FL 33040 4- r_ [N§URER E 305 296-1692 (D E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NIJMBER, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INOR TYPE OF INSURANCE JEL WUXI WVD POLICY NUMBER POLICY EFF AV_Q2ff_y_yyL PO I & y MP LIMITS U) .Ui - - _ GENERAL LIABILITY EACH OCCURRENCE $ 10000 r- MMME ER(E , g2l !415LS (U,2�U r n a2rr X COMMERCIAL GENERAL LLNOUTY $ 1000 0 MED (Any one person) CLAIMS-MADE 0 OCCUR 5 0 PERSONAL & ADV INJURY B 660 06/06/1406/06/15 S 10000 'r y $ 20000 ' E GENERAL AGGREGATE $ 20000 GE11L AGGREGATE LIMIT APPLIES PER, PRODUCTS - COMP/OP AGG _N - L PQLUY M "IF120 1 jj')c $ E AUTOMOBILE LIABILITY I I L M 17-1 BODILY INJURY (Per person) ANYAUTO 660-3D01892A 06/06/1406/06/15 $ B ALL OWNED SCHEDULED AUTOS AUTOS y BODILY INJURY (Per arcident) $ C AM A Gr Pe NON-OWNED X I HIRED AUTOS AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ (D AGGREGATE LIAB CLAIMS-MADE $ ] EXCESS :' RETENTIQU I WORKERS COMPENSATION TWC STATU� , E AND EMPLOYERS'LIABILITY ECUTIVE ANY PROPRIETORIPARTNERIEX d N/A per FL $ (D E.L. EACH ACCIDENT EL _ DISEASE - EA EMPLOYEE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA State Statute $ E1. QlSfASE - P LI Y LIMIT - Ifyes de scribe under IPTIQU QF OPELZATIONS.below DE,S6 Uy A Professional RDP0015524 06/06/1406/06/15$1,000,000 each claim .2 Liability $1,000,000 annl. a g9r. DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICUES (Attach ACORD 101, Additional RomarksSrheduie, ff more space is required) Certificate Holder is listed as an adcUtional insured with respect to the Commercial . 5 General Liability insurance and Auto Liability insurance where required by written contract. JT 0 Professional Liability insurance is written on a claims-made and reported basis. Monroe County, through the Monroe County Board of County Commissioners 1100 Simonton Str-- • r_ 33040 QA_NQgLLATION a (D E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS- M AUTHORIZED REPRESENTATIVE 4 ©1988 -2010 ACORD CORPORATION. All rights reserved ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD