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Item C28 BOARD OF COUNTY CONUMSIONERS AGENDA ITEM SUh WIARY Meeting Date:July 16,2014 Division: Public WodW'Eng n dog Bulk Item: Yes X No _ Department:__Proi ct Manaaeumt Staff Contact Person/Phone#: Kevin Wilson X8797 AGENDA ITEM WORDING: Approval of a Fust Amendment to Contract for Professional Services with Currie Sowards Aguila Architects to authorize fee adjustment based on actual construction costs for the Design through Construction Administration of the old recycling center on Magnolia Street in Key Largo for'the purposes of relocating the Upper Keys Public Works Division. This project is funded through iritrastructure sales tax. ITEM BACKGROUND: It is customary that the Contract for Professional Services provide language to adjust the Architect's fee based on the actual costs of construction. This First Amendment adds such language to the contract for the Public Works Offices on Magnolia Street. PREVIOUS RELEVANT BOCC ACTION: On November 20, 2013, the BOCC approved a Contract for Professional Services with Currie Sowards Aguila Architects for the Public Works Offices on Magnolia Street. On January 20, 2010 the BOCC approved a Continuing Contract with Currie Sowards Aguila Architects for projects in which the estimated construction costs of each individual project under the contract does not exceed$2,000,000.00 or for study activity if the fee for professional services for each individual study under the contract does not exceed$200,000.00. On November 20, 2613 the BOCC approved a one-year renewal of the continuing contract effective January 20,2014 and terminating January 19,2015. CONTRACT/AGRLEMENT CHANGES: Adding language to adjust fee when construction costs ate!mown. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST:Not yet available I INDIRECT COST: BUDGETED: Yes 7f No 111141RENTIAL OF LOCAL PREFERENCE: COSTTO COUNTY•:._. . ! SOURCE OF FINDS: Fuud 304 REVENUE PRODUCING: Yes o X AMOUNT PER MONTH Year APPROVED BY: County Atty ___ OMBIPurchasing Risk Managertte DOCUMENTATION: Included X Not Required DL9POSITION: AGENDA rrEM# rH 1 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Currie Sowards Aguila Contract# Effective Date: 07/16/14 Expiration Date: Contract Purpose/Description: fessional Services,Desi through,Construction.Adminisqulion for the M olia add langqNLe to!ddjurst the fee when actual construction costs are known- Contract Manager. Ann AjEr X4439 Pro"ect Mew 'ato #1 (Name) (EXQ (Depwtment/Stop#) for BOCC meetin on 07/16/14 .Agenda Deadline:07/O1/14 CONTRACT COSTS Total Dollar Value of Contract:$ 52.200 Current Year Portion: $ 52,2200 Budgeted?Yes® No ElAccount Codes: Y -SGD ve Grant:$ N/A County Match: $ - - - ADDITIONAL COSTS Estimated Ongoing Costs:$ /yr For of included in dollar value above a miainte utili• gal etc. CONTRACT VIE Changes Date Out Date In Needed ter Division Director Yes NqEj Risk Management p., YesO Nei O.M.B. li urtg "°1 --Iq Yes[]No© fin^" • i-'y County Attorney 6 i/Yes❑No Comments: f �Ny � ynygyp�pyy O C'6m i2 wed cv" 2/27 01 +1CP#2 FIRST AAUNDNIENT TO CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT/ENGINEER FOR PUBLIC WORKS OFFICES ON MAGNOLIA STREET THIS FIRST AMENDMENT(herein after,"AMENDMENT"to CONTRACT BETWEEN ER AND CHIT ER("'Contract!'or"A em ')for the Public Works Offices on Magnolia Street,entered into between MONROE COUNTY ,,owner,,or"County l and CURRIE SOWARDS Af"UILA ARCHITECTS("Architectl' is made and entered into this 10 day of July 2014, in order to amend the Contract as follows: WiTNESSETH WHEREAS,on the 2&day of Janu2010,ary parties entered into a Continuing Contract for projects in which the estimated construction costs of each individual project under the contract does not exceed Two Million Doll ($2,000,000.00),or for study activity if the foe for professional services for each individual study under the contract does not exceed Two Hundred Thousand dollars( 00,000. tl),and WHEREAS,On the 200'day of November,2013 the Continuing Contact for Professional Services was renewed for the first of two one year renewals effective January 20ei,2014 and terminating on January 190',2015;and WHEREAS,also on the 20c'day of November 2013 the parties entered into a contract for Professional Services for the design through construction administration of the renovation of the Magnolia Street Recycling Center for the purposes ofrelocating the Upper Keys Public Works Division;and WHEREAS,it is customary that the Architect's fee for professional services be adjusted when the actual costs of construction are known;now therefore IN CONSIDERATION of the mutual promises,covenants and agreements stated herein, and for other good and valuable consideration,the sufficiency of which hereby acknowledged„the Owner and Architect agree: 1. Paragraph 3 of the Contract for Professional Services for the Public Works Offices on Magnolia Street dated November 20a",2013 shall be amended to add the following language: Architect's fee shall be adjusted by 8.63%of the actual construction costs when construction is complew This percentage is the standard current amount to be used by the State of Florida Guidelines. Page t of Public Works Offices on Magnolia Street a 2. All other terms and conditions of the Continuing Contract dated January 2e, 2010,as ramved on November 20 2013,and the Contract for Professional Services for the Public Works Offices on Magnolia Street dated November 20'h 2013 remain in full force and effect. IN WITNESS WHEREOF,each party caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest:AMY HEAVILIN,CPA,Clerk OF MONROE COUNTY,FLORIDA By: By: Deputy ClerkMayor/Chairman ARCHITECT/ENGINEER CURRIE SO WARDS AGUILA ARCHITECTS By, MONROE COUNTY ATTORNEY Prin 4P OVED AS TO F,OR Tine: Date: NA ILEENE VV. CASED ASSISTANT COUNTY ATTORNEY SCATS OF no: DaA COUNTY OF 011this-W "' day of 2014, befom me, the undersigned nowt', public, Personally appcerod known to aw to be the parson whose owe Is subscribed above,or who produced as ideatifteflon,sAd wlatowledpd that Wshe is the person who executed the above Contract with Moosoe Courq for Profesdonal Savices for the Public W ; ' Officts,on Magnolia 5trect,fbr the purposes tersin contained. M expif= 10MEY 0z Nib 90wN*ssmt sr20,20l4 saidAw0y"AAWWWW410410" Peso 2 of 2 Public Works Of m on Mapotta Shoat SLATS OF FL.OF00A DEPARTMENT Of BUSINESS AND F"FNOFE$ ONAL REGU6.9k1*14BOARD OF ARCHfTFOTURE 6 INTERIOR DEMON w, FLORIDA DEPARTMENT _. .__.. El OFW �"r �Ts eaoarama Lobm�m NN7q Fr�nr'wawwaw�al&LNtO Nor�NLw F a BUSINESS AND f PROFESSIONAL REGULATION r CLNRLF' .Are LLNIEr .NN LICENSES A NOHOW` e MCK SCOTT 55t EW +57JWE'✓1013 1Xl$ L't N4twco11613 KEN LAWSON GOVE'.RNPR DISPLAYAS REQUIREC E'3Y LAW SEORFrAR'e �r STATE OF FLORIDA m,IDEPARIDM�kEANRtD Of D LSLRESS AND PROfOSSI�O N AI REGOLNI'loN OFAR CC1E 4 INTERIOR DEstGN w �mm Nam+ C t2 AlLiIP^S �T i !TLC R� r o, w Y1Cdf{�l�U�ld �l!: �„„RW1L7"� ,I'1Nk W' fdlClt SCUTY MSURC1, VM*013 SO* 6130MM0106 KEN LAWSON COVFRNOR DISPLAY AS REQUIRED BY LAW SECAL,rARY LS+ R 'STATE Of FL.OWDA DEPARtMENT OF DOWN "AND PROFESSIONAL.REGULATION {L D OF A RN CTURE IN MOR DLSIOR WIMS !TnCk' NIM+nwr L I ISL.N004%D M LPalpw,Lh ibv^Wa'"SaN'C84 mi401FA. V a y ga s a gLdtw P68 28H 2 15 �1WrNS gN AM, ,6 id,.µ "l( ,a ' �' . N'dOC K S,I�;rJ TT d' N7'LD: fJp,O V'4d,2Qb1,S ^.tR;:CIS I.f'k�Ya 4:KYV'1YY1Y57lp l{R-d LAV'I$01^d . C t"�'Xk1!°2NOR I.)JSHL.AYAS RE.QUIRED BY LAN 7f" R@NARY STATE OF FLORIDA yA DVARIM EWOF 9NJ091'NES9 ANO PROFESSIONAL F11GULA'r ION �n LIOARD OF ARCkMOTLILLC LL INTERLDR DESIGN yy 40 1cbTEG I Naawro 4A Rawr NS$16 SAwSPCA UPtToW pN rwa ww OLC GLOP AAd aaS . E.,w g''wwdN4wru dio wk: 14V 2LN,2LN 16 AMA* S LPL ASS, „r °^6Y1 .; I(P N"MIIQ 01 1 N'L 9 J h IJ 1'0i ((,"A 1 l oiYd. Client#-.1049229 CURRISOW DATE 1"1111,YY" ACORD. CERTIFICATE OF LIABILITY INSURANCE 1/02/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER. I Nffidkfkiif--.If cart_1fl c ate h'-*-i d9_rI9 iin4_00 IT 10_NA L INSURED,the-. h a -of I—cy('—Ies j must be endorsed.If S U 0 RO GATI 0 N IS WAIVED,,a u bja ct to the terms and conditions of the policy,certain policies may require an endorsement A statement on this cartIftcats does not confer rights to the certificate holder In Ileu of such andomemen!LS). PRODUCER kWCT USI Insurance Services,LLC, — 1715 N.Wastshore Blvd.Suite 700 EML813—32?11-17500. 813 321-7525 Tampa,FL 33607 Ll!ERLS)AffORDING CQVP$I&GE._____.NA INSURER A.MSA Insurance Company 11066 ...................TNiUi6' INSURER aTravelers Casualty&Surety Co 31194 Currie Sowards Agulla Architects Inc 185 RE 4th Ave INSURER C XL S Insurance Company 37886 Suftle'll INSURER D; Delray Beach,FL 33483 INSURER E.: I INS COVERAGES CERTIFICATE NUMBER; REVISION NUMBER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SE 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. ............... TYPE OF INSURANCE LIMITS . . ............. ......... ............. A GENERALUASILITY x BPG98835 0811712013 08117/201 EACHOCCURRENCE si 000 tl00 * ,_ p�nL s5 OOO X COMMERCIAL GENERAL LIABILITY ENTEDI $500.000 ........... CLAIMS MADE I Al OCCUR M EXP me PERSONAL R A DY.INAURY .$11,11 LOO 000 ............ f NERAL AqqMqAjE�, AGGREGATE LIMIT APPLIESPROOUCTS-COMP/OPAGr. s2.000000 Re Lp!j $ sle T AUTOMOBILE LIABILITY x BPG98835 D8111712013 08/17126"1'" ANY AUTO BODILY INJURY(Per parwn) S ALL OWNED SCHEDULED BODILY IN (Par accIdent) $ AUTOS AUTOS X HIRED AUTOS x AUTOSNON.OWNEO t 11I ........ UMBRELLA ........... ...... ....... ........ ...... I" HOCCUR EACH OCCURRENCE EXCESS IJA8 CLAIMS-MADE AGGREGATE $ ou WC STATU-7 ............... 1 lmr_� _'_' WORKERS COMPENSATION X UB5436Y349 0110112014 01/01120 AND EMPLOYERV LIABILITY YIN A or P�FCRQQCREtMW� ECUTIVE IL& F" 11 NIA AqtjA5�01OENT_ $1 00 009. tM..d4t*rj In NH) C.L.DISEASE-EA EMPLOYEE,$ .............. runder Ox- S6 doscribe u __.RtPTIRtNLOF OPERATIONS kl mE.L.DISEASE POLICY LIMIT $1000000 Professional DPS97111454 0812412013 08/2412014 $2,000,000 per claim Liability $2,000,000 anni aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACCRO 101,AddMonal Remarka,Schedule.If more space In required) Professional Liability coverage Is written on a claims-made basis. RE:Public Works Offices,Magnolia Street,Monroe County Is an additional Insured with r s O to Gener'lal� Liability and Auto Liability. I DAYE" WAIVW'111�1r_ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DISLIVERED IN 1100 Simonton St. ACCORDANCE MTN THE POLICY PROVISIONS. Room 2-216 Key West,FL 33040 AUTHORISED REPRESENTATIVE 06-W. 0 1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(20110105) 1 of I The ACORD name and logo are registered marks of ACORD #S115206118/1111111422873 KEBEW CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECUENGINEER PUBLIC WORKS OFFICES ON MAGNOLIA STREET THIS CONTRACT made as of the 20"' day of November 2013, FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT/ENGINEER (the "Contract" or "Agreement") is made and entered into by MONROE COUNTY, BOARD OF COUNTY' COMMISSIOENRS ("Owner" or"County"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, its successors and assigns through the Mon-roe County Board of County Commissioners ("BOCC"), and CURRIE SOWARDS AGUILA ARCHITECTS ( "Architect"), whose address is 185 NE 4 th Avenue, Suite 101, Delray Beach, FL 33483, its successors and assigns. WITNESSETH. WHEREAS, on the 201h day of January 2010, the parties entered in a continuing contract for projects in which the estimated construction costs of each individual project under the contract does not exceed Two Million dollars ($2,000,000.00), or for study activity if the fee for professional services for each individual study wider the contact does not exceed Two Hundred Thousand Dollars ($200,000.00); and WHEREAS, the Upper Keys Public Works Division is to relocate to the site on Magnolia Street in Key I...argo that was previously used as a recycling center; and WHEREAS, on June 19, 2013 the Owner and Architect entered into a Contract for a Site Analysis and Conceptual Design of the Magnolia Street Facility proposing a final site plan, floor plan, and exterior elevations; now therefore IN CONSIDERATION of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which hereby acknowledged, the Owner and the Architect agree, 1. SCOPE OF SERVICES Task 1. Base Plan Preparation. - Architect will prepare the final base plan. It will be necessary for the design team to visit the site and field measure all existing conditions and document visible existing systems in order to prepare base plans for future use in the preparation of the bid and permit documents. Task 2. Construction Documents Preparation -Architect shall prepare the bidding and permit documents, providing the County eight signed and sealed sets of drawings and specifications and one electronic version. The bidding and permit documents shall be sufficient for the County's use in obtaining bids from selected general contractors and obtaining a building permit from the local jurisdiction for construction. Disciplines will include architecture, structural engineering, and Public Works Offices,Magnolia Street MEP engineering as needed. Architect shall also provide a Construction Cost estimate to the County. Task 3. Construction Administration - Architect shall provide Construction Administration Services to include attendance to an initial pre-construction meeting, review of contractor's submittals, responses to Request for Information (RFI's),review of monthly applications for payment, and up to three site visits at progress meetings during construction, including a final review, 2. EXCLUSIONS. The following specific items are excluded from the Scope of Work and may be added if requested for an additional fee: • Site Plan Approval services • Environmental. surveys or abatement specifications • Interior design services • TeleData Systems or Security • Fire Protection design • Civil engineering • Landscape or irrigation design • Gjeotechnical services • Furniture, Fixtures, and Equipment selection • LEE1.) Commissioning • Roof condition Evaluation 1 PAYMENTS The fee for professional services shall be as follows: • Task I —Base Plan Preparation $ 5,675.00 • 'task 2 -Construction Document Preparation $36,800.00 • Task 3 —Construction Administration $ LO "Total $52,200M Invoices will be monthly on a percentage of completion basis. 4. REIMBURSABLE EXPENSES Five site visits, one visit in Task I and four visits in Task 3 (pre-construction meeting, and three on-site progress meetings), are included in the above fee. Printing expenses are included in the above fee. Allowable reimbursable expenses are as follows: • Travel expenses beyond the five required by this Contract, if authorized by the County, but only to the extent arid in the amounts authorized by Section 112.061 Florida Statutes. • Reproductions as requested only by the County beyond the eight(8) signed and sealed sets, and one electronic copy. 0 Renderings and models requested by the County. 5. SCH.14DULE 2 Public Works Offices,Magnolia Street The Architect shall perform its services as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. 6. Consultant shall have in place and active the insurance requirements in the continuing contract and all insurance related obligations as set out in the continuing contract. 7, The CONSULTANT is professionally qualified to act as the CONSULTANT for the Project and is licensed to provide the designated services by the State of Florida having jurisdiction over the CONSULTANT and the Project, The CONSULTANT is professionally qualified to act as the CONSULTANT for the Project and is licensed to provide the designated services by the State of Florida having jurisdiction over the CONSULTANT and the Pr(.>ject. 8. The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly, under his employ. The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional. skill and care and the orderly progress of the Project,. The CONSULTANT shall submit, for the COUNTY'S and its representative's information, a schedule for the performance of the CONSULTANT'S services which may be adjusted as the Project proceeds if approved by the COUNTY, and shall include allowances for periods of time required for the COUNTY'S review, and for approval of submission by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the COUNTY may riot be exceeded by the CONSULTANT except for delay caused by events not within the control of the CONSULTANT or foreseeable by him. 9. The Architect shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other infon-nation pertaining to the services perfon-ned by Architect or other information to which the Architect has had access during the Term. of the Continuing Contract without the prior written approval of the County, during the Tenn of the Continuing Contract and for a period of two years after the termination of the Continuing Contract. M Should the County receive a request for documents pursuant to Chapter 119, Florida Statutes, Architect shall cooperate with the County to facilitate the County's compliance with Chapter 119, Florida Statutes. Should the Arcl-titect, assert,any exemptions to the requirements of Chapter 119 and related statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Architect. Failure by the Architect to cooperate with the County in, connection with a Public Records request shall be grounds for immediate unilateral cancellation of the Continuing Contract by the COLII`Ity. 3 Public Works Offices, Magnolia Street. I L All other terms and conditions of this Contract shall be in accordance to the Continuing Contract of January 20, 2010, which is attached hereto as Exhibit I IN WITNESS WHEREOF, each party caused this Agreement to be executed by its daly representative on the day and year first above written. BOARD OF COUNTY COMMISSIONERS !!�tr MY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA. :V unl By: Deputy Clerk Mayor/ChaiiTnan C Witnesses forA ARCHITECT/ENGINEER to "Y' Witness 1: Currie Sowards Aguila Architects Print Nam Date: A-_.I. ............ By: - ..........Print c Witness ' Title: Print Nat Date: Date: STATE OF FLORIDA COUNTY OF PA On this 15ti-day of 'W-y I s 11 2013, before me, the undersigned not pub ic, per ona y alipeared.-A&kil,r-.A6Vl-L-P'---,..—, known to me to be the Person whose narrie is subscribed above, or who produced — ---- , —as identification, and acknowledged that ----------he/she is the person who executed the above Contract. with Monroe County for Architect/Engineering services for the Public Works Offices on Magnolia Street, for the purposes therein contained. J.WiffLEY MONROE (,O'jN,TY ATTORNEY z Ion#EE 0,32097 Novem 20,2M4 PROVED XS TO FORM: VA AS S 4 Public Works Offices,Magnolia Street � 1� AMENDMENT TO CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCNT|ECr/ENGINEE0 FOR THE EXTENSION OF THE CONTINUING CONTRACT This First Amendment to Contract(herein after"Amendment") between Owner and Architect/Engineer furLheContinuinQCmn¢rac1forProfeas|ona|Senvices("Cont,act"),entered|ntoheNvoenMunroeComn4/ ("Owner"or"County")and Currie Sowards Agu\|a Architects("Architect/En0(neer")is made and entered into this 2O1h day ofNovember,2O13, in order to amend the Contract asfollows; VV|TNE65ETH WHEREAS,on January 20,2010,the parties entered into a continuing contract for Professional Services, pursuant to Florida Statute 287.055(2)(g)where services are to be rendered for projects in which the estimated construction costs of each individual project under the contract does not exceed Two Million Dollars($2,000,000.00),or for study activity if the fee for Professional Services for each individual study under the contract does not exceed Two Hundred Thousand Dollars($200,000.00);and WHEREAS,the Continuing Contract stipulates that a separate contract for each project awarded to the Architect by the Owner he provided each with specific scopes of work,time schedules, charges and payment conditions,and additional terms and conditions applicable to that specific contract;and WHEREAS, in accordance tothe Continuing Contract the Professional Services will be for a period of four years commencing omthe date of the contract,with options for the Owner to renew omsn annual basis for two additional one year periods; NOW THEREFORE, in consideration of the mutual promises,covenants and agreements stated herein, and for other good and valuable consideration,the sufficiency of which hereby acknowledged,the Owner and the Architect agree asfollows: 1. The Continuing Contract for Professional Services dated January 20,2010 and terminating on January 19,2O14,shall be renewed for the first of two one-year periods effective on January 28,2O14 and terminating January 19, 2O1S. 2. The following shall be added to Article XVII of the original Continuing Contract dated January 20, 2010: � a) Architect shall not disclose,publish,or authorize others to disclose or publish,design data, � drawings,specifications, reports,or other information pertaining to the services performed by the Architect or other information to which the Architect has had access during the Term of this Master Agreement without the prior written approval of the County,during the Term of this Master Agreement and for a period of two(2)years after the termination of this � Master Agreement.Nevertheless,the parties agree that the Architect may use and publish the Cownty's name and give a general description of the work provided by the Architect for the purpose nf informing other clients and potential clients of the Architect's work experience and qualifications. b) Should the County receive a request for documents pursuant to Chapter 119, Florida Statutes,Architect shall cooperate with the County to facilitate the County's compliance with Chapter 129'Florida Statutes. Should the Architect assert any exemptions to the requirements mf Chapter 11B and related statutes,the burden uf establishing such exemption,by way of injunctive or other relief as provided by law,shall be upon the Architect. Failure by the Architect to cooperate with the County in connection with aPublic Records request shall be grounds for immediate unilateral cancellation of this Master Agreement bythe County." 3. |n all other respects,the original Continuing Contract dated January 2O, 201Oremains unchanged. IN WITNESS WHEREOF,each party caused this Agreement to be executed by its duly authorized mi #ve on the day and year first written above. AVILN,CPA,Clerk BOARD OF COUNTY COMMISSIONERS OFK8ONROE COUNT� F DA By: Deputy Clerk Mayor/Chairman WITNESS to Architect's Signature: ARCHITECT ^ , By: By: WITNESSS Sig e 4,ur eS)atrclsAgullaArch�itects N10NR8E COUNTY ATTORNEY CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT/ENGINEER THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITFur/ENGINEER(the "Contract" or"Agreement") is made and entered into by Monroe County ("Owner" or"County"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, its successors and assigns through the Monroe County Board Of County Commissioners ("BOCC"), and Currie Sowards Aguila Architects, the ( "Architect")., whose address is.1 34 NE I'ST Avenue, Delray Beach FL 33444, its successors and assigns. This contract shall be effective on the date of execution by the last party signatory to the contract. This contract is issued as a continuing contract pursuant to Florida Statute 287.055(2) (g). The professional services required by this Contract are to be tendered for projects in which the estimated construction costs of each individual project under the contract does not exceed Two Million Dollars ($2,000,000.00), or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand Dollars ($200,000.00). The parties shall enter into a separate contract for each project awarded to the Architect by the Owner. The specific services to be performed Linder these separate contracts will be determined by the Owner and agreed to by the Architect. Each separate contract will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions applicable to that specific contract. Architect will be chosen pursuant to Owner policy and work will be distributed among all contractors who have signed a continuing contract. The professional services required by this contract will be for services in the form of a continuing contract, commencing on the effective date of this contract and ending four years thereafter, with options for Owner to renew on an annual basis for two additional years. The terms and conditions of this Contract shall apply to any separate contract, unless expressly modified in the provisions of the separate contract. Where the terms of this Contract differ from the terms of the separate contract, the terms of the separate contract shall take precedence. The separate contract will contain its specific scope of work and it is anticipated by this Contract that the scope of work in the separate contract will be in addition to the scope of work outlined in,this Contract NOW,"THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which hereby acknowledged, the Owner and the Architect agree: I FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Contract, Architect makes the following express representations and warranties to the Owner: 1.1.1 The Architect is a professional qualified to act as the Architect for the Project and is licensed to practice Architecture/Engineering by all public entities having jurisdiction over the Architect/Engineer and the Project; 1.1.2 The Architect shall maintain all necessary licenses, permits or other authorizations necessary to act as Architect for the Project until the Architect's duties hereunder have been fully satisfied; 1.1.3 The Architect shall become familiar with the individual Project site and the local conditions under which the Project is to be designed, constructed, and operated prior to entering a separate contract for any specific Project. 1.1.4 The Architect shall prepare all documents required by this Contract including, but not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. The Architect warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional construction cost due to missing or incorrect design elements in the contract documents; 1.1.5 The Architect assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ as Architect of Record, 1.1.6 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The Architect shall submit, for the Owner's and Monroe County Project Management Department's information, a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds if approved by the Owner, and shall include allowances for periods of time required for the Owner's and Monroe County Project Management Department's review, and for approval of submission by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner may not be exceeded by the Architect except for delay caused by events not within the control of the Architect or foreseeable by him. 1.1.7 In providing all services pursuant to this agreement, the Architect shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and 2 shall entitle the COLNTY to terminate this agreement immediately upon delivery of written notice of termination to the Architect. ARTICLE 11 SCOPE OF ARC HITECT/ENGI NEER'S BASIC SERVICE 2.1 DEFINITION 2.1.1 Architect's Basic Services consist of those described in Paragraphs 2.2 through 16, and other services identified as part of Basic Services, and include normal, civil, structural, mechanical,and electrical etigincering,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. 'Fhe Design for Construction shall be accurate, coordinated arid 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 Architect shall be respruisible for designing the Project in accordance with the analyses and recommendations of the geotechnical information furnished by the Owner. 2.1.3 These 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 bids, preparation and advertisement for Request for Bids, tabulation and review of"bids, recommendation of contract awards, cost estimating during design and document preparation, administration of contract documents, consultation and on-site inspections during construction, review and recommend approval of contractor invoices, preparation and submittal of permit applications, zoning applications, public presentations and presentations to the County (7ornmission, Architect shall arrange his schedule in order to be available to perform the listed services for one or for several protects it' requested by COUWY and with the understanding that for any individual project the construction costs will not exceed the limits tinder F.S. 287M055 (2)(g). 2.2 SCHEMATIC DESIGN PHASE 2.2.1 "flee Architect shall review the County's 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, 2.2.2 The Architect shall review, with the Owner and Ivlonroe County Project Management I.)epartnient's proposed site use and improvements, required permits, zoning, selection of materials, building systems and equipment; and method of Project delivery. 3 ........... 2.2.3 The Architect shall review with the Owner and Monroe County Project Management Department's alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements,the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 Upon completion of the Schematic Design Phase, the Architect shall provide drawings, outline specifications, estimate of anticipated cost in accordance with the schematic designs, and other documents for the Owner's approval and the Monroe County Project Management Department's information. 2.2.6 The Schematic Design must be approved in writing, by the Owner prior to Architect continuing to the Design Development Phase. 2.3 DESIGN DEVELOPMENT/DOCUMENT PHASE 2.3.1 Upon completion of the Design Development Phase, the Architect shall provide drawings, outline specifications and other documents for the Owner's approval and the Monroe County Project Management Department's information. The Architect shall provide an estimate of anticipated costs in accordance with the design development phase. 2.3.2 The Design Development Documents must be approved in writing, by the Owner prior to Architect continuing to the Construction Documents Phase. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 The Architect shall provide Drawings and Specifications for the Owner's and the Monroe County Project Management Department's review. 2.4.2 The Architect shall assist the Owner and Monroe County Project Management Department in the preparation of the necessary bidding information, bidding forms, the Conditions of Contracts, and the forms of Agreement between the Owner and the Contractors, 2.4.3 The Architect's construction documents(plans, specifications, etc.)will conform to all written codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to receive all permits when applied for. If permits are 4 denied, then the Architect will conform the construction documents in such manner to receive permits upon such plans. Work required from the Architect to conform the documents to federal, state, city, county, or agency specifications and permit requirements to allow them to be approved shall be completed at no charge or cost to the Owner. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following the Owner's approval of the Construction Documents and the Architect's latest estimate of Construction Cost, shall assist the Monroe County Project Management Department in obtaining bids or negotiated proposals and assist in preparing contracts for construction. 2.5.2 The Architect shall assist the Monroe County Project Management Department in issuing bidding documents to bidders and conducting pre-bid conferences with prospective bidders. The Architect, with the assistance of the Monroe County Project Management Department, shall respond to questions from bidders, and shall issue addenda. 2.6 CONSTRUCTION PHASE- ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1. The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for construction and terminates with the issuance to the Owner of the final Project Certificate for Payment including the submission of all project close-out documents by the Architect and Contractor. The Architect will administer the Owner's contract as provided for in that document, The Architect agrees to perform a project check prior to the end of the warranty period as a part of the contract. The check shall not exceed one working day unless additional time is approved by the Owner. 2.6.2 The Architect shall at all times have access to the Work whenever it is in preparation or progress, 2.6.3 The Architect shall, as contemplated herein and in the Construction Contract, but not otherwise, act on behalf, and be the agent, of the Owner throughout construction of the Project. Instructions, directions, and other appropriate communications from the Owner to the Contractor shall be given to the Contractor by the Architect or Monroe County Project Management Department. 2.6.4 The Architect shall have authority, after notification to the Monroe County Project Management Department to reject Work, which does not conforin,to the Contract Documents. 2.6.5 The Architect shall review and sign or take other appropriate action on Change Orders and Construction Change Directives prepared by the Monroe County Project 5 Management Department for the Owner's approval and execution in accordance with the Contract Documents. 2.6.6 The Architect shall promptly provide appropriate interpretations as necessary for the proper execution of the work as long as there is no change in Contract price. 2.6.7 The Architect shall require inspection or re-inspection and testing or retesting of the work, to include architectural/engineering, structural,mechanical and electrical engineering portions of the work, in accordance with the provisions of the Construction Contract whenever appropriate. 2.6.8 The Architect, assisted by the Monroe County Project Management Department, shall conduct inspections to determine the dates of Substantial Completion and the date of Final Completion, 2.6.9 The Architect shall interpret and decide matters concerning performance of the Contractor under the requirements ofthe Contract Documents upon written request. 2.6.10 Interpretations and decisions of the Architects 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. 2.6.11 The Architect shall render written decisions within a reasonable time oil 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. 2.6.12 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect. 2.6.13 The Architect 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 described in the Contract for Construction. 2.6.14 The Architect shall transmit to the Owner all manuals, operating instructions, as- built plans,warranties, guarantees and other documents and things required by the Construction Contract and submitted by the Contractor. 2.6.15 The Architect shall not have control over or charge of and shall not be responsible for construction means,methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. 'I he Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons perfomfing portions of the work. 6 2.6.16 The Architect shall make available to the Owner any personnel or consultants employed or retained by the Architect for the purpose of reviewing, studying, analyzing or investigating any claims,contentions, allegations, or legal actions relating to, or arising out of, the design or construction of the project, 2.6.17 The Architect shall review any as-built drawings furnished by the Contractor and shall certify to the Owner that same are adequate and complete. 2.6.18 The Architect shall, without additional compensation,promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Architect or its consultants,or both, 2.6.19 The Architect must reimburse the Owner for any added costs paid by the Owner during construction that were incurred as the result of any omission,deficiency, or conflict in the work product of the Architect, its consultants,or both. This added expense is defined as the difference in cost from that which the Owner would have paid if the work was included in the bid, and the actual cost presented by the Contractor. ARTICLE III ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article III are not included in Basic Services. They shall be paid for by the Owner as provided in this agreement as an addition to the compensation paid for the Basic Services but only if approved by the Owner before commencement, and as follows: A. Providing services of Architect for other than the previously listed consulting scope of Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement or not customarily famished in accordance with generally accepted consulting practice. C. Providing representation before public bodies in connection with the Project, upon approval by the Owner. 3.2 If Additional Services are required, such as those listed above, the Owner shall issue a letter requesting and describing the requested services to the Architect. The Architect shall respond with fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the Owner proceed with the Additional Services. 7 ARTICLE IV OWNER'S RESPONSIBILITIES 4.1 The Owner shall designate Monroe County Project Management Department to act on the Owner's behalf with respects to the Project. The Owner or Monroe County Project Management Department shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. However,the parties acknowledge that due to Monroe County Policy, Ordinances or State or Federal Statute there may be times when a decision must be made by the BOCC, in which case any delay shall not be attributed to Monroe County or its representative. 4.2 Prompt written notice shall be given by the Owner and Monroe County Project Management Department to the Architect if they become aware of any fault or defect in the Project or non-conformance with the Contract Documents. 4.3 The Owner shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect's services and work of the contractors. 4.4 The Owner's review of any documents prepared by the Architect or its consultants shall be solely for the purpose of determining whether such documents are generally consistent with the Owner's criteria, as and if, modified. No review of such documents shall relieve the Architect ofresponsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. ARTICLE V CONSTRUCTION COST 5.1 The Construction Cost, if applicable, shall be defined in a contract for the specific Project. ARTICLE VI INDEMNIFICATION AND HOLD HARMLESS 6.1 The Architect covenants and agrees to indemnify and hold harmless Owner/Monroe County and Monroe County Board of County Commissioners from any and all claims for bodily injury,including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses, including attorney's fees, court costs and expenses, which arise out of, in connection with,or by reason of services provided by the Architect or its Subcontractor(s), occasioned by the negligence, errors, or other wrongful act or omission of the Architect, their employees, or agents. 6.2 The first ten dollars ($10.00) of remuneration paid to the Architect is f.or the, indemnification provided for above. Should any claims be asserted against the County by 8 virtue of any deficiency or ambiguity in the plans and specifications provided by the Architect,the Architect agrees and warrants that he shall hold the County harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the County's behalf. 6.3 In the event the completion of the project(to include the work of others)is delayed or suspended as a result of the Architect's failure to purchase or maintain the required insurance, the Architect shall indemnify County from any and all increased expenses resulting from such delays. Should any claims be asserted against County by virtue of any deficiencies or ambiguity in the plans and specifications provide by the Architect the Architect agrees and warrants that Architect hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the County's behalf. 6.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 6.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VII 7.1 PERSONNEL The Architect shall assign only qualified personnel to perform any service concerning the project. ARTICLE VIII 8.1 PAYMENT Terms of payment will be governed by state guidelines and/or hourly rates to be approved by the County. Hourly rates are provided in Exhibit A and subject to annual affirmation. Details of payment will be set out in the specific separate contract. 8.2 REIMBURSABLE EXPENSES Shall be negotiated and agreed to prior to award of the separate contract, but only to the extent and the amounts authorized by Section 112.061., Florida Statutes; however prior to incurring any expense written approval for any reimbursable expense must be obtained from the County. 8.3 BUDGET 8.3.1 The Architect may not be entitled to receive, and the County is not obligated to pay, any fees or expenses in excess of the amount budgeted for this Agreement in each fiscal year(October I- September 30) by County's Board of County Coma-lissioners. The budgeted amount may only be modified by an affirmative act of the County's Board of County Commissioners, 4 8.3.2 AVAILABILITY OF FUNDS. If funding cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified in this Contract or in the separate contracts for individual prqJJects, the agreement may be terminated immediately at the option of the County by written notice of termination delivered to the Architect. The County shall not be obligated to pay for any services provided by the Architect after the Architect has received written notice of termination, unless otherwise required by law. 8.3.3 The County does not guarantee Architect any specific amount of work or contracts under this agreement. The parties shall enter into a separate contract for each project ject awarded to the Architect by the County. The specific services to be performed under these separate contracts will be determined by the County and agreed to by the Architect. Each separate contract will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions applicable to that specific contract. Architect will be chosen pursuant to County policy and work will be distributed among all contractors who have signed a continuing contract. 8.3.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE IX 9.1 APPLICABLE LAW This contract is governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and performed entirely in the State. Venue for any mediation, dispute conferences or litigation arising under this contract must be in Monroe County, Florida. 'rhe Parties waive their rights to a trial by jury. ARTICLE X 10.1 OWNERSHIP OF "THE PRELIMINARY DESIGN AND THE DESIGN FOR CONSTRUCTION im 'The Drawings, Specifications and other documents prepared by the Architect for this project are instruments of the Architect's service for use solely with respect to this project, and the Architect shall be deemed the author ofthese documents and shall retain all common law, statutory and other reserved rights, including reproducible copies, of the Architect's Drawings, Specifications and other documents shall riot be used by the Owner or others on other pro'jects except by agreement in writing and with appropriate compensation to the Architect. 10,1.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the project is not to be construed as publication in derogation of the Architect's reserved rights. 10 10.1.3 The As-Built drawings and specifications may be furnished by the Architect to the Owner in electronic format in addition to the original As-Built documents. 1.0.1.4 The Owner may utilize the construction documents, As-Built documents, etc. as required for refcrence on any necessary future work on the site, and for constructing, using and maintaining the Project. ARTICLE XI 11.1 SUCCESSORS AND ASSIGNS The Architect shall not assign its right hereunder, excepting its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the Owner. The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. ARTICLE XII NO THIRD PARTY BENEFICIARIES AND INDEPENDENT CONTRACTOR RELATIONSHIP 12.1 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, between the parties which creates or gives rise to any rights in favor of, any third party. 12.2 INDEPENDENT CONTRACTOR RELATIONSHIP The Architect is and shall be an independent contractor in the performance of all work, services, and activities tinder this Agreement.and is not an employee, agent or servant of the County, The Architect shall exercise control over the means and manner in which it and its employees perform the work and in all respects the Architect's relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees or agents of the County. The Architect does not have the power or authority to bind the County in any promise, agreement or representation other than such power and authority that is specifically provided for in this Agreement. ARTICLE XIII 13.1 INSURANCE 13.1.1, The Architect shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. Professional Liability Insurance shall also be maintained as specified. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Architect's failure to I I purchase or maintain the required insurance, the Architect shall indemnify the County from any and all increased expenses resulting from such delay. 13.1.2 The coverage provided herein shall be provided by an insurer with an A.M. Best Rating of VI or better, that is licensed to do business in the State of Florida and that has an agent for service of process within the State of Florida. The insurance certificate shall contain an endorsement providing thirty (30) days notice to the County prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the County and shall be in a form acceptable to the County. 13.1.3 Architect shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida. B. Employers Liability Insurance with limits of $100,000.00 per Accident, $500,000.00 Disease, policy limits, $100,000.00 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with One Hundred Thousand Dollars ($100,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. D. Commercial general liability covering claims for injuries to members of the public or darnage to property of others arising out of any covered act or omission of the Architect or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Independent Contractors; Broad Form Property Damage and a Contractual Liability Endorsement with One Hundred Thousand Dollars ($100,000.00) per occurrence and annual aggregate. E. Professional liability insurance of Five Hundred 'Thousand Dollars ($500,000.00) per claim and One Million Dollars ($1,000,000.00) annual aggregate. If the policy is a "claims made" policy, Architect shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. County shall be named as an additional insured with respect to Architect's liabilities hereunder in insurance coverage identified in Paragraphs C and D. (',i. Architect shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of Architect if so required by County during the term of this Agreement. County will not pay for increased limits of insurance for subconsultants. 12 H. Architect shall provide to the County certificates of insurance or a copy of all insurance policies including those naming the County as an additional insured by including any subsection thereunder. The County reserves the right to require a certified copy of such policies upon request. ARTICLE XIV TERMINATION 14.1 Either party hereto may terminate this contract prior to expiration upon giving seven(7) days written notice to the other in the event that such other party negligently or for any reason substantially fails to perform its material obligations set forth herein. No termination expenses shall be paid by the Owner after the date of notice of termination. 14.2 The Owner may terminate this Contract without cause by giving the other party sixty (60) (lays written notice of its intention to do so. Termination expenses shall include expenses available under the contract through the date on the notice of termination and shall not include any additional services required in order to stop performance of services, unless agreed to in writing by the County and subject to audit for the purpose of verification. ARTICLE XV ENTIRF, AGREEMENT 15.1 This contract constitutes of the form of agreement, the exhibits that are attached and made a part of the contract, and the documents referred to in the form of agreement as a part of this contract. In the event any conflict between any of those contract documents, the one imposing the greater burden on the Architect will control. 15.2 A person or affiliate who has been place on the convicted vendor list following a conviction for public entity crime may not submit a bid on contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the property to public entity, may not be 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 ofthe 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, ARTICLE XVI DISPUTE RESOLUTION 16.1 County and Architect agree that all disputes and disagreements shall first be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be submitted to niediation,before a mediator 13 mutually agreed to by the parties. The cost of mediation shall be shared equally. The parties agree that mediation is a condition precedent to the institution of legal or equitable proceedings by either party. Request for mediation shall be in writing and sent to the other party. The parties shall agree on a mediator to hear the dispute. 16.2 Mediation shall be held in Monroe County Florida in a location in Key West; the location may be moved only by mutual agreement of the parties. 16.3 Agreements reached in mediation shall be reduced to writing and signed by the L representative of each party; however agreements must be approved by the Board of County Commissioners to be enforceable. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction in Monroe County. 16.4 Nothing in this Agreement shall be construed to interfere with a subsequent order from any court of competent jurisdiction ordering the parties to enter into mediation after institution of legal or equitable proceedings, 16.5 Arbitration is specifically rejected by the parties as a method of settling disputes which arise under this agreement; neither of the parties shall be compelled by the other to arbitrate a dispute which may arise tinder this Agreement. ARTICLE XVII Additional Requirements 17.1 The following items are part of this contract: a) Architect shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Architect pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Architect shall repay the monies together with interest calculated pursuant to F.S. See. 55.03, running from the date the monies were paid to County. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be perft)rmed entirely in the State. In tile event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Architect agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Tile Parties waive their rights to a trial by jury. The County and Architect agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution 14 of any other admirdstrative or legal proceeding, pursuant to Section XVI of this agreement. C) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Architect agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Architect agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing patty shall be entitled to reasonable attorney's fees and court costs expenses, as an award against the non-prevailing party, and shall include attorney's fees and courts costs expenses in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit Of the County and Architect and their respective legal representatives, successors, and assigns, 0 Authority. Each party represents and warrants to the other that the execution, delivery mid performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advise of counsel. g) Claims for Federal or State Aid. Architect and 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. h) Adjudication of Disputes or Disagreements. County and Architect agree that all disputes and disagreements shall be attempted to be resolved under Section XVI of this agreement, If no resolution can be agreed upon within 30 days after mediation, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law, i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Architect agree to participate, to the extent required by the 15 other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Architect specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement, j) Nondiscrimination. Architect 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 on the part of any party, effective the date of the court order, Architect or County agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to 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 I"Idacation 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' 1,973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 LfSC 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 arnended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment arid 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 patent records; 8) 'Title Vflt of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing, 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. k) Covenant of No Interest. Architect and County covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 1) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees, as delineated in Section 1123 13, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. in No Solicitation/Payment. The Architect and County warrant that, In. respect to itself, it has neither 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 16 has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide ei'iiployee working solely for it, any fee, cornmission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement, For the breach or violation of the provision, the Architect agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission,percentage, gift, or consideration. n) Public Access. The Architect and County shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials ill its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Architect and County in conjunction with this Agreement; and the Architect shall have the right to unilaterally cancel this Agreement upon violation of this provision by County. 0) Non-Waiver ofIrnmunity. Notwithstanding he provisions of See. 286.28, Florida Statutes, the participation of the Architect 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. P) 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 Linder 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. (1) 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 perfbrmance 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 taw. r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the Architect and the County agree that neither the Architect nor the County or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity 17 or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. S) Attestations. Architect agrees to execute such documents as the County may reasonably require including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. t) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of`any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. U) Americans with Disabilities Act of 1990 (ADA)and Florida Accessibility Code (FAC), current edition, whichever is required for the specific project. The Architect will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the Architect pursuant thereto. V) Disadvantaged Business Enterprise (DBE) Policy And Obligation. It is the policy of the County that DBEs, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Architect agree to ensure that DBE.'s have the opportunity to participate in the performance of the Agreement. In this regard,all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and the Architect and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. w) Execution in Counterparts, This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument. and any of the parties hereto may execute this Agreement by singing any such counterpart. i 8 X) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEA1,) BOARD OF COUNTY COMMISSIONERS Attest: DANNY I.- KOLHAGE, Clerk OF MONROE COIJ FLORIDA By: tap By. ......... .......... -. —-------- Deputy Clerk Mayor/Chairman Date: CURRIE SOWARDS AGUILA -Y ATTC) 'POE MJN'T ARCHITECTS P V� '�o A RO D 'S Tr, r�E T L E N !V N. L. By: S, .................... ASs,0,S-rPv,-r fo wila, A-fA, Principal WITNESS TO Architect's Signature: Kathleen Davis Date: END OF AGREEMENT 19 cllentM 004 WR OW3 DATE(MM/DDIYYYY) ACORD. CERTIFICATE OF LIABILITY INSURANCE 11125/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ISLI Suncoast Insurance Assoc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O.Box 22668 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Tampa, FL 33622-2668 813 289.5200 INSURERS AFFORDING COVERAGE NAIC INSURED INSURER A: MSA Insurance Comp any 11066 Currie Sowards Agulla Architects Inc 134 N E 1 st Avenue INSURER B: Travelers Casual!y&Surety�o 119038 Delray Beach,FL 33444 INSURER C: XL Specialty Insurance Company 37885 INSURER D! INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ATIO Im TYPE OF INSURANCE POLICY NUMBER LIMITS A GENERAL LIABILITY BPG98835 08117/09 08/17/10 EACH OCCURRENCE X coK4ur--R0AL GENERAL LIABILITY $500.000 CLAIMS MADE �OCCUR MED ESOP(M 0 00 y one parson) $5, _PERSONAL&ADVIH4YRY $1 000 000 GENERAL AGGREGATE $2"000.L040 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-comp/op AGG s2.000.000 POLICYFJ LOC A AUTOMOBILE LIABILITY BPG98835 08117/09 08117110 COMBINED SINGLE UMI I ANY AUTO (Fa accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per Person) HIRED AUTOS BODILY INJURY $ X NON-OWNEO AUTOS (Per accident) PROPERTY DAMAGE $ I (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO 0 ) OTHER THAN EA ACC A___. v AUTO ONLY AGG $ EXCESSIUMBIRELLA LIABILITY JEACH OCCURRENCE $ DOCCUR 1:1 CLAIMS MADE AGGREGATE 11i DEDUCTIBLE $ RETENTION IB WORKERS COMPENSATION AND iJB4i36Y34910 01/01/10 m 01/01/11 X EMPLOYERS'LIIABILITY El,EACH ACCIDENT $100000 ANY PROPRIETOR/PARTNER/IEXECUTNE OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE j-1—OO-J.0-00 . N yes. under PE , AL PROVISIOYIW2&_ E.L.DISEASE-POLICY LIMIT $5001000 C OTHER Professional DPR9680953 08/24/09 08124/10 $1,000,000 per claim Liability $1,000,000 anni aggr. DESCRIPTION OF OPERATIONS(LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Professional Liability Is claims made and reported. P T- Monroe County is an additional insured with respect to General Liability and Auto Liability. CERTIFICATE HOLDER CANCELLATION 10 Days for Non-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Monroe County DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 A DAYS WRITTEN 1100 Simonton St. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO 00 SO SHALL Room 2-216 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Key West,FL 33040 REPRESENTATIVES AU OR(ZED REPRESE14TATNE 00—CWA.Aal ACORD 25(2001/08)1 of 2 #S222658/M222647 KEEI (D ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the poficy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. WORD 25-S(2001/08) 2 of 2 #S2226581M222647 SECTION FIVE INSURANCE REQUIREMENTS AND INDEMNIFICATION STATEMENT Insurance Requirement Required Limits Worker's Compensation Statutory Limits Employer's Liability $100,0001$500,0001$100,000 General Liability $100,000 Combined Single Limit Vehicle Liability $100,000 Combined Single Limit per Occurrence/$1,000,000 Aggregate Professional Liability $500,000 per occurrence/$1,000,000 Aggregate IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS The Architect/Consultant covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Architect or Consultant or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Arci-dtect/Consultant, including its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the completion of the project(to include the work of others) is delayed or suspended as a result of the Architect/Consultant's failure to purchase or maintain the required insurance,the Architect/Consultant shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the Architect/Consultant, the Architect/Consultant agrees and warrants that Architect/Consultant shall hold the County harmless and shall inderimify it from all losses occurring thereby and shall further defend any claim or action on the Countys behalf The first ten dollars ($10.00) of remuneration paid to the Architect/Consultant is consideration for the indemnification provided for above. 20 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements Qxrria STnEqs�Au�ja Architects Respondent Signature INSURANCE AGENrs STATEMENT I have reviewed the above requirements with the respondent named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES General Uabllq-MSA lnsnn—c�Co"� Workers 0 Professlpnal Uabllt!y-X lnsu�a V!5 000 _Pce/Poll��R9617044 Liability policies are Occurrence Claims Made Suncoast Insurance Associates, Inc. 00e.- ..........................Insurance Agency Signature COUNTY RESPONSE FORMS RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 1 acknowledge receipt of Addenda No.(s) I have included: o The Submission Response Forms..........V.....o Lobbying and Conflict of Interest Clause oe o The Non-Collusion Affidavit ✓ o Drug Free Workplace Form o Respondent's Insurance and Indemnification Statement V o Insurance Agent's Statement V o Professional and Occupational Licenses v In addition, I have included a current copy of the following professional and occupational licenses: Professional Licenses: Currie Sowards Agulla Architects, Robert G. Currie,Jess M. Sowards,Jose N.Aguila, Occupational Licenses: ,C-u,lrr-i,e.-.S-owards..,�g.!4i�l�?�!q�itects, Robert G.Currie,Jess M.Sowards,Jose N. Aquila (Check mark items above, as a reminder that they are included.) Mailing Address: 134 N.E.1st Avenue,Delray Beach,Florida 334" Telephone: 561-276-4951 Fax:. 661-243-8184 .......... ........ Date: December 22,2009 Signed: Witness, Jose_N,Aqui�la, AIA (Name-)—--------- rPrinc.Dal/Secret KTS!�� (Title) FLORIDA _ .._.._. 4181479 A i All OF FLOMCA,h DEPARTMENT OF dfl!1!7,710,111 V 'A4A _.__.., pWsatvsa aaere 1 4T ri dq� BUSINESS w ak. ��.� 4 �ra tK6k it tltak'frt" *@ rKS eat C2911 x 4WY.P � m. ast caa�a 4«c.A rats 29. �a�� N. AND a AAYKCI"tArAYfiCNt t6.*« PROFESSIONAL REGULATION LICENSES d64'LAY AS r'1!ECNJfRELY!PY LAW ...AG 4181334 Agk1P74"M"E Of FLOM A �tp itlS�rwA6P L^h S7r+A�t� t't A'. �BRk�'CtG�t+"Af C'dkowro'mxxaa.Ya ar »r� w,�aww to 4Ta^ FI10 9m tan+nsaw p, a aaa^ 201t5Ms 444 1' . NCti4jrAt4uC.i� , to �, 24 134�1A C!1'hR2.ZL C116T � CNhB,tdt6'N. U6AClQ tlP5V1CYlk.Y CFlfVI,Y"rYN V p1MatA'r'8"k BYLAW B'6CA�Fik'6Y --------------- AWit 418,1435 aaTATE OF fLOAIDA 00,4614vx40a . u vrvwato tIL��v t '�kdh4or 'GMao 4t va as a�B.av ut uBaw M:a,M'.441 rr mar« Cllk r ar. lot Y j L".WffiWaua 4",t,romm,. CNAIC&Y8 YM 1pvW ) I (4S#'"pdWYrl*9YW0Vft0 BY LAW a16CiCSPmK7 4112FACGMCN�SRYCYA a wauwur� r" ' xatsrar sew�atanat�aa tag �,wzakak t6 re.^.eptarn 70." �'tWq yC{'Fna NWLdfffiWk 0 2 t%A6�Nb,a,�MktrkkA r"6tY a' e1444 att y � ppF a7W;Nr� SflT CHiR,G6S.W': IIRjtG:{7 ' Ck..PuY AY,r C1t;,CY4X6irCb RY!AW 68eAE'SIrkB CURRIE • SOWARDS • AGUILA • ARCHITECTS PALM BEACH COUNTY OCCUPATIONAL LICENSES .............. ............. 201043M STATE Of FLORIDA (1&02 PALM BEACH C04JWrf LOCAL BUSINESS TAX RECEIPT E)(P I R E S: SEPTEMBER 30, 2 0 f 0 C'URR�E SOWAAMAOftA (XATEk)AF AWAIP(Ecil CURRIE VNMAUS AGOLA A Nk 15 I 41,11 AJKllwtTKc rs We DE AA"BF1, 1,1644 3"Q TRNSFA j:,V, THO 4 11001f A LULL,100 NOT PAY lo'"w...' "'D Iawpr lAl, sa A TIM Tp* :luq=U' L --!t— ith. ....... l" ' -""" ......... TAX OOUALICA,PALM MACH CXNAOTY RZCVPTtO&V TAX C4'%Lf.CYOR TAX COLLECTOR,PAM BEACH COUNT V BY rX7 MM"LiVTOR 2006-00688 STATE OF FLORIDA DAI u A PALM BEACH COUNTY P. LOCAL BUSINESS TAX RECEIPT EXPIRES, SEPTEMBER-30. 2010 CURRIE TOWARDS AQUILA LOCATED AT CNTY S3,ca ARCH I FCIS P 1111H tIDDIIT 1; 111 BE 11T A1111111 DFIRAY REACH FL 13444 TOTAL is go THIS "H,'t 15 NOT A PILL•DO NOT PAY "w".-0" 0 l., wwm,,iuwaaara Ma A#CHjtLC'f PAID F10C IAX COLLECTOR 35 00 STR 449 UI66L957 D1/170009 APOU00164 ANNE M,GANNON THIS DOCUMENT IS VALID ONLY WHEN AVCC!jEE_j 2005-00687 STATE OF FLORIDA OA-0 l 6 PALM BEACH COUNTY LOCAL BUSINESS TAX RECEIPT EXPIRES: SEPTEMBER-30 - 2010 CURPfF SOWARDS AGUrLA LIMAUEH AT CH y ss'Qlp ARCH I T E_CfS SOWARDS" ,f.55 H 13" Hr IST ATUF DELRAY EFACH F1- 13441, ruCAt 53 00 Wes"l" �'POS 4S 1407 A IMLL DD 1107 PAY ARCHIMot PAID. PIC TAX CDLLECTOR 33 UO R7R 049 01661OS9 07/17/2009 ANNE M GANNON THIS DOCUMENT IS VALID ONLY WHEN RECeIPTED TAX COLLECTOR,PALM REACH COUNTY BY TAX COLLECTOR 2006.OID683 STATE OF FLORIDA Olt 0k6 PALM BEACH COUNTY LOCAL BUSINESS TAX RECEIPT EXPIRES: SEPTEMBER-30- 2010 CVRRIP ',OWARLS AGUIkA LOCATED Al Cuty 53 09 AK H I T E clS ACUl A 33SE N 134 HE 131 AVENUL DELRAY BEACH FL 33441, tCrAlL si of Thg�—ipl k P. "W'd THIS 15 NOT A BILL DO NOT PAY 6.0.'N.M ""uy a .4—m ARCHI TEC t rAlu PRC TAX COLLECTOR ARD01,1049 b3 00 RYN 0- AJ1661960 ANNE M.GANNON THIS DOCUMENT IS VALID ONLY WHEN RECEIPTIED TAX COLLECTOR,PALM BEACH COUNTY BY TAX COLLECTOR CURRIE o SOWARDS * AGUILA - ARC1111TECTS LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Currie Sowards Aquila ...... ...... �,Arc.hltects (Company) .any) .......... warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, In Its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". Principal ... . ........................................................ ....................................................... (sign ure) Date, December 22,2009 STATE OF FLORIDA COUNTY OF PALM BEACH Subscribed and sworn to(or affirmed) before me on December22, 2009 .................---" -", ...............by AIA He is personally known to me. ................................ My commission expires: fA I %kAT/y . . 4 b . dX OF FLOYN DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Currie Sowards Aquila Architects .... .. ...... 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, contenclere 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 effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. �.R e s 6 n Vs Signature December 22, 2009 Date NON-COLLUSION AFFIDAVIT 1, Jose N.Aguila,AIA of the city of Delra Beach, Florida according to law on my oath, and under penalty of perjury, depose and say that° I am.Secrets ry/Principal of the firm of Currie Sowards A oils Architects the bidder making the Proposal for the project described in the Request for Qualifications for: Continuing Contract for Professional Services b � Architectural/Engineering Firms or Individuals and that I executed the said proposal with full authority t do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made b the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. December 22, 2009 . . .......................................(S naW spondent) (Date) sp STATE OF FLORIDA COUNTY OF PALM BEACH PERSONALLY APPEARED BEFORE ME, the undersigned authority, Jose N. A oils,AIA who, after first being sworn by me, affixed his/her signature in the space provided above on this 22nd day of December 2009, NOTARY PUBLIC My Commission Expires: Ob 40 Co OFF EMBIT"A" CURRIE * SOWARDS * AGUILA • ARCHITECTS Mbeft 0.Currie.rAlA Jeas M.Sowards,AIA Joel Pi.AguJW MA Hourly Rates: Principals $ 175.00 Project Architect $ 150.00 Project Manager $ 125.00 CADD Level 1 $ 85.00 CADD Level 11 $ 65.00 Clerical $ 45.00 AL celebrating our Qh year! Mrftechm-Planning-Intafor Demop-*m2ewiw 134 mftewt rant AMW DdM 56WA Ma ida 334"-561.2764"l-Pan:WI-243-8164-www--c-,4A-ar0Jtect%,LUM of