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11/15/2006 Contract DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: December 7, 2006 TO: Dave Koppel, County Engineer Engineering Division FROM: Ann Riger Facilities Development Pamela G. Hanc~ Deputy Clerk c:::Y ATTN: At the November 15, 2006, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Standard Form of Agreement between Monroe County and Charley Toppino & Sons for the Big Pine Key Park Retaining Wall Removal and Basin Filling, MM 31 and the Intersection of Sands Road and Atlantis Drive. "contract for Professional Services between Monroe County and William P. Horn, P.A. for professional services for the renovation and addition of the Stock Island Fire Station. Enclosed is a duplicate original of each of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance / File CONTRACT FOR PROFESSIONAL SERVICES BETWEEN COUNTY AND ARCHITECT/ENGINEER ( THIS CONTRACT FOR PROFESSIONAL SERVICES (the "Contract") is made and entered into by MONROE COUNTY, BOARD OF COUNTY COMMISSIONERS, 1100 SimontclO Street, Key West, FL 33040, (the County") and WILLIAM P. HORN, ARCHI1J;CT., P.A., 915 Eaton Street, Key West, FL 33040,("ArchitectlEngineer"), on the aaay of YJw, , 2006. The professional services required by this Contract are to be rendered for the Stock Island Fire Station, identified as the Project, described as follows: Renovation and Addition of the Fire Station facility located on 2nd Street and McDonald Avenue in Stock Island, Key West, Florida, that houses the Volunteer Fire Department and the Monroe County Fire Rescue Department and is operated 24 hours a day. The Fire Station will indude two drive through apparatus bays and approximately 3,500 sJ. of office area and living quarters for the staff. The project will be designed to all federal, state, and county codes and ordinances. As a county-owned building, the facility is to meet the150 m.p.h. hurricane wind loads, required by code. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of whictll hereby acknowledged, the County and the Architect/Engineer agree: ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By eXElCUting this Contract, the Architect/Engineer makes the following express representations and warranties to the County. 1.1.1 The Architect/Engineer is a professional qualified to act as the Architect/Engineer for the Project and is licensed to practice ArchitectureJEngineering by all public entities having jurisdiction over the Architect/Engineer and the Project. 1.1.2 The ArchitectlEngineer shall maintain all necessary licenses, permits or other authorizations necessary to act as Architect/Engineer for the Project until the ArchitectlEngineer's duties there under have been fully satisfIed. 1.1.3 The ArchitectlEngineer has become familiar with the Project site and the local conditions under which the Project is to be designed, constructed, and operated. 1.1.4 The ArchitectlEngineer shall prepare all documents required by this Contract induding, 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 standard of care for all professional services performed or furnished by Architect under this Agreement will be the skill and care used by members of Consultanfs profesSion practicing under similar circumstances at the same time and in the same locality. 1.1.5 The ArchitectlEngineer assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ as Architect/Engineer of Record. 1.1.6 The Architect/Engineer's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect/Engineer shall submit, to the County, a Schedule for the performance of the Architect/Engineer'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 and Construction Managemanfs review, and for approval of submission by authorities having jurisdiction over the Project. Time limits established by this schedule shall not, except for reasonable cause, be exceeded by the ArchitectlEngineer, or County. ARTICLE II SCOPE OF ARCHITECTIENGINEER'S BASIC SERVICE 2.1 [)EFINITION 2.1.1 Architect/Engineer's Basic Services consist of those described in Paragraphs 2.2 through 2.8, and other services identified as part of Basic Services, and indude normal, civil, structural, mechanical, and electrical engineering services. 2.1.2 The Design for Construction shall indude, 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 Construc:tion 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 speciflEld for use shall be readily available unless written authorization to the contrary is given by the County. The ArchitedlEngineer shall be responsible for designing the Project in accordance with the analysE's and recommendations of the geotechnical information furnished per Article 4.4. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect/Engineer shall review the program, schedule and construction budget furnished by the County to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the County. 2.2.2 The ArchitectlEngineer shall review with the County and Construction Manager: proposed site use and improvements, required permits, zoning, selection of materials, building systems and equipment; and method of Projed delivery. 2.2.3 The Architect/Engineer shall review with the County and Construction Manager alternative approaches to design and construction of the Project. 2.2.4 IBased on the mutually agreed-upon program, schedule and construction budget requirements, the Architect/Engineer shall prepare, for approval by the County, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 At intervals mutually agreeable to the County, Construction Manager and ArchitectlEngineer, the ArchitectlEngineer shall provide drawings and other documents which depict the current status of Schematic Design for the County's review and the Construction Manager's infonnation. The ArchitectlEngineer shall provide an estimate of anticipated cost in accordance with the design development phase. 2.2.6 Upon completion of the Schematic Design Phase, the Architect/Engineer shall provide drawings, outline specifications, estimate of anticipated cost in accordance with the schematic designs, and other documents for the County's approval and the Construction Manager's information. 2.2.7 The Schematic Design must be approved in writing, by the County prior to Architec:tlEngineer 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 ele'vations, development of approximate dimensions, areas and volumes, concept sketches as required to explain the design intent to the County. Perspective renderings and models, if required by the County, will be billed as an additional service as billed as a reimbursable expense if that service is performed by additional consultants after the County'll written approval. The ArclhitectlEngineer shall perform the following design phase tasks: ~1. Structural Design/Documentation services during the Schematic Design Phase consisting of recommendations regarding basic strudural materials and systems, analyses, and development of conceptual design solutions in written form for: a predetermined structural system and alternate structural systems. Ii>. Mechanical Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate materials, systems and equipment, and development of conceptual design solutions in written form 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 altemate systems, recommendations regarding basic electrical materials, systems and equipment, analyses, and development of conceptual design solutions in written form 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 altemate 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 !OESIGN DEVELOPMENTIDOCUMENT PHASE 2.4.1 IBased on the approved Schematic Design Documents and any adjustments authorized by the County in the program, schedule or construction budget, the Architec:tlEngineer shall prepare Design Development Documents for the Construction Manager's review and the County'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 County, Construction Manager and Architec:tlEngineer, the ArchitectlEngineer shall provide drawings and other documents which depict the current status of design development for the County's review and the Construction Manager's information. The ArchitectlEngineer 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 Architect/Engineer shall provide drawings, outline specifications and other documents for the County's approval and the Construction Manager's information. The Architec:tlEngineer shall provide an estimatl~ of anticipated costs in accordance with the design development phase. 2.4.4 Tha Design Development Documents must be approved in writing, by the County prior to Architect/Engineer continuing to the Construction Documents Phase. 2.5 IlESIGN DEVELOPMENT PHASE REQUIREMENTS To satisfactorily perform the design development phase requirement, the ArchitedlEngineer 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: la. Building perimeter (footprint) and exterior wall type, thickness and composition fixed 10. 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. ,a. All intemal partitions of appropriate thickness indicated If. Floor, slab, and level elevations !~. Typical door types h. Typical partition types i. Built-in fumiture items - special fumiture and equipment (early clarification of what is "NIC" and "by County") j. Larger scale (e.g., %j. Key areas, lobby, entries, public plaza, major corridors, special spaces, etc. Required: All surfaces (floor, wall, and ceiling treatments), fumiture indication, and layout. 1<. Evacuation routes identified (to indude locating necessary posting of evacuation route plans). 2.5.2 l3eneral Elevations lil. Total full-height facades induding roof structures b. All fenestration C:. Overall vertical building and floor heights d. Indicate cross-reference points with sections 4~. Indicate setbacks, building profiles, expansion joints, etc. 1'. Indicate treatment of visible mechanical equipment l~. System impact (precast concrete, stone, panel systems, metal/glasscurtain wall, etc.) properly selected by adequate technical investigation. 2.5.3 Sections Overall Sections - Overall building longitudinal and transverse "building Ilxplanation" type. Detail Wall Sections - Largest scale (e.g., %'1. Dominate full- height sections conveying basic building configuration, to indicate: n. Foundation and perimeter treatment b. Typical wall construction C:. Back-up structure, abutting floor systems d. Window location and insulation methods II. Flashing, masonry coursings 1. Mechanical penetrations impact (furring, etc.) ~l. Parapet design 2.5.4 [)etails - Large scale (1-112", 3j as required. Indicate key conditions, examples are as follows: ~1. Wmdow types: divisions, pattem, mullion profiles, vent detail, glazing type, jamblhead, plan section Itl. Hollow metal (typical only; keyed to plans and schedules) IC. 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 If. Interior partition types (typical only; keyed to plans and schedules) I~. Built-in fumiture items, receptions, desks, 'NOrk 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 lb. Level changes IC. 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 lb. Soffits, coves, furrings IC. Skylight locations d. Ceiling materials III. Acoustic treatments If. Heating and ventilating register, diffuser locations !~. Sprinklers 11. Access panels 2.5.7 Schedules - Schedules to be non repetitive and comprehensive, with specific keying to floor plans and elevations. ill. Interior finishes b. Doors and frames c. Preliminary hardware It Windowslglazing 2.5.8 Specifications - Comprehensive, abbreviated methods, materials and systems descriptions in tune with drawings. Use CSt format with applicable section numbers. Include all consultant portions as well as those special supplementary c:onditions 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 seme scale as the architectural/engineering drawings ll. 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. Nontypical framing scheme where required: lobby, floors at grade, and other El. 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 Architect/Engineer) Ii. 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 a. Typical floor plans. Systems representation in diagrammatic (nondetailed) 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 convectorlfan coil locations, etc. b. Required punctures: wall, slab, and beam 'c. Locations of major roof-air handling equipment: cooling towers, exhaust fans, etc. d. Preliminary details of major and unique conditions that impact on scheme (as determined by the Architect/Engineer) ,e. 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. lb. 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 la. Indicate areaways, vaults, access to sub grade spaces 1f. Preliminary site and exterior building lighting scheme with identification of fIXture types I~. Parking area defined with preliminary plotting h. Indication of paths, stairs, ramps, beams, terraces, etc. L Plant materials (indication and preliminary schedule) j. DeSign development details: railings, stairs, ramps, paving types and patterns, kiosks, benches, light standards, others 1<. 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. 2.6 CONSTRUCTION DOCUMENTS PHASE 2.6.1 Based on the approved Design Development Documents and any further adjustments authorized by the County in the scope or quality of the Project or in the construction budget, the ArchitectlEngineer shall prepare, for approval by the County and Construction Manager, Construction Documents consisting of Drawings and SpeciflC8tions setting forth in detail the requirements for the construction of the project. 2.6.2 The Architect/Engineer shall provide Drawings and Specifications for the County's and the Construction Manager's review. 2.6.3 Upon completion of the Construction Documents Phase, the Architect/Engineer shall provide Construction Documents for the County's and Construction Manager's approval. Once approved the Architect/Engineer shall provide the County eight (8) complete signed and sealed sets of construction drawings and five (5) completed Project Manuals with technical specifications, saved electronically in Adobe Acrobat file (.pdf) format. Any and all files used to create the technical specifications need to be submitted saved as an Adobe Acrobat file (.pdf) format, including but not limited to; technical sections, reports such as, asbestos, geotechnical, soils, paint, and photographs. The Architect/Engineer shall provide an estimate of anticipated costs in accordance with the construction development phase. 2.6.4 The Architect/Engineer shall assist the County and Construction Manager in the preparation of the necessary bidding information. 2.6.5 The Architect/Engineer'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 Architect/Engineer will conform the construction documents in such manner to receive permits upon such plans. Work required by the ArchitectJEngineer to confoml the documents to federal, state, city, county, or agency specifications to allow them to be approved shall be completed at no charge or cost to the County. 2.7 BIDDING OR NEGOTIATION PHASE 2.7.1 The ArchitectlEngineer, following the County's approval of the Construction Documents and the Architect/Engineer's latest estimate of Construction Cost, shall assist the Construction Manager in obtaining bids or negotiated proposals and assist in preparing contracts for construction. 2.7.2 The ArchitectlEngineer shall assist the Construction Manager in issuing bidding documents to bidders and conducting pre-bid conferences with prospective bidders. The ArchitectJEngineer, with the assistance of the Construction Manager, shall respond to questions from bidders, and shall issue addenda. 2.7.3 The Architect/Engineer shall, provide to the County, all necessary documents required to secure building permit. 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 ArdlitectlEngineer'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 County of the final Project Certificate for Payment including the submission of all project close out documents by the ArdlitectlEngineer and Contractor. The ArdlitectlEngineer will administer the County/Contractor contract as provided for in that document. The Architect/Engineer 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 County. 2.8.2 The Architect/Engineer shall at all times have access to the Work whenever it is in preparation or progress. 2.8.3 The Architect/Engineer shall, as contemplated herein and in the Construction Contract, but not otherwise, act on behalf, and be the agent, of the County throughout construction of the Project. Instructions, directions, and other appropriate communications from the County to the Contractor shall be given to the Contractor by the Architect/Engineer or Construction Manager. 2.8.4 Upon receipt, the ArdlitecUEngineer shall carefully review and examine the Contractor's Schedule of Values, together with any supporting documentation or data which the County or the ArdlitectlEngineer may require from the Contractor. The purpose of such review and examination shall be to protect the County 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 were not found to be appropriate, or if the supporting documentation or data is deemed to be inadequate, and unless the County directs the ArdlitectlEngineer to the contrary in writing, the Schedule of Values shall be retumed 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 Architect/Engineer 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 ArchitectlEngineer shall not approve such Schedule of Values in the absence of such belief unless directed to do so, in writing, by the County. 2.8.5 The ArchitectlEngineer 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 ArchitectlEngineer shall protect the County from continuing deficient or defective work, from continuing unexcused delays in the schedule and from overpayment to the Contractor. Following eech inspection, the ArdlitecUEngineer shall submit a written report of such inspection, together with any appropriate comments or recommendations to the C.ounty. 2.8.6 The Architect/Engineer 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 County Approvals of Payment in such amounts. By issuing an Approval of Payment to the County, the Architect/Engineer reliably informs the County that the ArchitectlEngineer 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 County 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 Architect/Engineer has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work. (2) reviewed construction meens, methods, techniques, sequences or procedures. (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the County 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 Architect/Engineer shall have authority, after notification to the Construction Manager, to reject Work, which does not conform to the Contract Documents. Whenever the ArchitectlEngineer considers it necessary or advisable for implementation of the intent of the Contract Documents the ArchitectlEngineer will have authority, upon written authorization from the County, 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 ArchitectlEngineer 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 Architect/Engineer's action shall be taken with such reasonable promptness as to cause no delay in the Contractor's Work or in construction by the County's own forces, while allowing sufficient time in the ArchitectlEngineer's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and complateness 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 Architect/Engineer's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect/Engineer, of construction means, methods, techniques, sequences, or procedures. The ArchitectlEngineer'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 ArchitectlEngineer shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. Architect/Engineer shall take appropriate action on submittals within 14 calendar days. The ArchitectlEngineer 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 County when requested. 2.8.10 The Architect/Engineer shall review and sign or take other appropriate action on Change Orders and Construction Change Directives prepared by the Construction Manager for the County's approval and execution in accordance with the Contract Documents. ArchitectlEngineer to take appropriate action within 7 calendar days. 2.8.11 The Architect/Engineer 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 ArchitectlEngineer shall require inspection or reinspection and testing or retesting of the work, to include architecturaVengineering, structural, mechanical and electrical engineering portions of the work, in accordance with the provisions of the Construction Contract whenever appropriate. 2.8.13 The ArchitectlEngineer, assisted by the Construction Manager, shall conduct inspections to determine the dates of Substantial Completion and the date of Final Completion. The ArchitectlEngineer shall submit to the County a list comprised of incomplete and/or unacceptable items required by the Contract Documents to include architecturaVengineering, structural, mechanical and electrical engineering portions of the work. The Architect/Engineer shall forward to the Construction Manager warranties and similar submittals required by the Contract Documents which have been received from the Contractor. The Architect/Engineer shall issue a final Project Certificate for Payment upon compliance with the requirements of the Contract Documents. 2.8.14 The Architect/Engineer shall interpret and decide matters concerning performance of the Contractor under the requirements of the Contract Documents upon written request. The Architect/Engineer'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 Architect/Engineers 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 propar Construction Change Directives. 2.8.16 The ArchitectlEngineer shall render written decisions within a reasonable time on all claims, disputes or other matters in question between County 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 ArchitectlEngineer shall not be restricted, modified or extended without written agreement of the County and ArchitectlEngineer. 2.8.18 The Architect/Engineer shall be a representative of and shall advise and consult with the County (1) during construction until final payment to the Contractor is due and (2) as a Basic Service at the County's direction from time to time during the correction period described in the Contract for Construction. This advice and consultation shall be limited to verbal comment on actions of the County and shall not necessitate filing of records, forms, or revisions to drawings, without additional compensation. 2.8.19 The Architect/Engineer shall transmit to the County 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 Architect/Engineer 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/Engineer shall not be responsible for the Contractor's schedules or failure to carry out the 'NOrk in accordance with the contract documents. The Architect/Engineer shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.8.21 The ArchitectlEngineer shall testify in any judicial proceeding concerning the design and construction of the project when requested in writing by the County, and the ArchitectlEngineer shall make available to the County any personnel or consultants employed or retained by the ArchitectlEngineer 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 Architect/Engineer, unless otherwise prevented by counsel of the ArchitectlEngineer and which time it 'NOUld be subject to subpoena. For other claims against the County, the Architect/Engineer will do this under an expert witness with compensation at a rate of $150.00 per hour. 2.8.22 The Architect/Engineer shall review any as-built drawings furnished by the Contractor and shall certify to the County that same are in conformity with constNclion as completed. 2.8.23 The Architect/Engineer shall, without edditional compensation, prompUy correct any errors, omissions, deficiencies, or conflicts in the 'NOrk product of the ArchitectlEngineer or its consultants, or both. 2.8.24 The Architect/Engineer must reimburse the County for any added costs paid by the County during construction that were incurred as the result of any omission, deficiency, or conflict in the work product of the Architect/Engineer, its consultants, or both. This added expense is defined as the difference in cost from that which the County would have paid if the work was included in the bid, and the actual cost presented by the Contractor. ARTICLE III 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 County as provided in this agreement as an addition to the compensation paid for the Basic Services but only if approved by the County before commencement. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in subparagraph 2.8.5 is required, the Architect/Engineer shall provide one or more project representatives to assist in carrying out such additional on-site responsibilities. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing detailed quantity surveys or inventories of material and equipment. 3.4.2 Providing analyses of owning and operating costs. 3.4.3 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of fumiture, fumishings and related equipment. 3.4.4 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.5 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.6 Providing special surveys or environmental studies required for approvals of govemmental authorities or others having jurisdiction over the project. 3.4.7 Providing service relative to future facilities, systems and equipment. 3.4.8 Providing detailed estimates of the construction cost (an item by item enumeration and analysis of all the costs that go to make up the Architect/Engineer's final estimate described in paragraph 5.1). 3.4.9 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.10 Providing services of consultants for other than architectural/engineering, civil, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.11 Providing any other services not otherwise induded in this Agreement or not customarily furnished in accordance with generally accepted architecturaVengineering practice. 3.4.12 Providing assistance with public agencies requiring formal review of project and preparation of documents, reports, studies, renderings, models, payment of fees, applications and other material necessary to seek such approval. 3.4.13 Providing representation before public bodies in conjunction with approval of project, upon approval by County. 3.5 CONnNGENT ADDITIONAL SERVICES 3.5.1 Making revisions in Drawings, Specifications or other documents when such revisions are: a. Inconsistent with approvals or instructions previously given by the County, induding revisions made necessary by adjustments in the County's program or Project budget; b. Required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents and not reasonably anticipated; or c. Due to changes required as a result of the County's failure to render decisions in a timely manner. 3.5.2 Providing services required because of significant changes in the Project induding, but not limited to, size, quality, complexity, the County's schedule, or the method of bidding or negotiating and contracting for construction. 3.5.3 Providing consultation concerning replacement of worK damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such worK. 3.5.4 Providing services in connection with public hearings. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The County shall establish and update an overall budget for the Project based on consultation with the Construction Manager and the Architect/Engineer, which shall indude the Construction Cost, the County's other costs and reasonable contingencies related to all of these costs. 4.2 The County shall designate the Construction Manager to act on the County's behalf with respects to the Project. The County or Construction Manager shall render decisions in a timely manner pertaining to documents submitted by the Architect/Engineer in order to avoid unreasonable delay in the orderly and sequential progress of the ArchitectlEngineer's services. 4.3 The County shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements, and adjoining property and structures; adjacent drainage; rights-of-way; restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary date pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmarK. 4.4 The County shall furnish the geotechnical tests when requested by the Architect/Engineer. Such tests may indude, but not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, and ground corrosion and resistively tests, induding necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 4.5 The County shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, induding auditing services the County may require to verify the Contractor's Application for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the County. 4.6 The services, information, surveys and reports shall be furnished at the County's expense, and the ArchitecllEngineer shall be entiUed to rety upon the accuracy and completeness thereof. 4.7 Prompt written notice shall be given by the County and Construction Manager to the ArchitectlEngineer if they become aware of any fault or defect in the Project or non- conformance with the Contract Documents. 4.8 The proposed language of certificate or certificates requested of the Architect/Engineer or Architect/Engineer's consultants shall be submitted to the County for review and approval at least 14 days prior to execution. The County shall not request certifications that would require knowledge or services beyond the scope of this Agreement. 4.9 The County shall fumish the required information and services and shall render approvals and decisions as expeditiously as necessary for the order1y progress of the Architect/Engineer's services and work of the contractors. 4.10 The County shall fumish the ArchitectlEngineer copies of written communications. 4.11 The County's review of any documents prepared by the ArchitectlEngineer or its consultants shall 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 Architect/Engineer of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.12 The County shall fumish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. ARTICLE V CONSTRUCTION COST 5.1 Contemporaneously with the submission of the Design of Construction, the Architect/Engineer shall submit to the County in writing its final estimate of the contractor's anticipated price for constructing the Project. Once submitted, the final anticipated price estimate shall be adjusted by the ArchitectlEngineer to reflect any increase or decrease in anticipated price resulting from the change in Design for Construction. 5.2 The Construction Cost shall be the total estimated cost to the County of all elements of the project designed or specified by the Architect/Engineer. 5.3 The Construction Cost shall include the cost at current market rates of labor and materials fumished by the County and equipment designed, specified, selected or specially provided for by the ArchitectlEngineer, plus a reasonable allowance for the Contractor's overhead and profit. 5.4 Construction cost does not include the compensation of the ArchitectlEngineer and the Architect/Engineer's consultants, the costs of land, rights-of-way, financing or other costs which are the responsibility of the County. 5.5 The Architect/Engineer agrees that, should the bid for construction of the project exceed ifs estimate by ten percent (10%) or more, it will redesign, redraw and/or rebid, at no additional or expense to the County, until the bids are within the stated limits. ARTICLE VI 6.1 INDEMNIFICATION AND HOLD HARMLESS 6.1.1 The Architect/Engineer covenants and agrees to indemnify and hold harmless 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 attomey's fees) which arise out of, in connection with, or by reason of services provided by the ArchitectlEngineer in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Architect/Engineer in any tier, their employees, or agents. The first ten dollars ($10.00) of remuneration paid to the ArchitectlEngineer 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 Architect/Engineer, the Architect/Engineer agrees and warrants that he shall hold the County harmlass and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the County's behalf. ARTICLE VII 7.1 PERSONNEL 7.1.1 The Architect/Engineer shall assign only qualified personnel to perform any service conceming the project. At the time of execution of this contract, the parties anticipate that the following named individuals will perform those functions as indicated: NAME W/"I.~I'fIP. HO/lJJ ~ ~ ~ft* ()I. '4 FUNCTION ~~PAL A:GT ~nfh,'!f'.+~ So long as the individuals named above remain actively employed or retained by the ArchitectlEngineer, they shall perform the functions indicated next to their names. If there are substitutions to the individuals named above, the Architect/Engineer shall promptly notify the County. ARTICLE VIII 8.1 PAYMENTS 8.1.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the ArchitectlEngineer shall be paid monthly, in accordance with the following schedule: (A) The ArchitecturallEngineering fee shall be based on the following criteria: 1. 2. 3. 4. 5. Schematic Design Design Development Phase Construction Documents Phase Bidding or Negotiation Phase: Construction Phase 15 percent 30 percent 35 percent 5 percent 15 percent An estimated construction cost of $450.000.00 and a fee percentage of 8.4% shall be used to calculate the architecturaVengineering fee. The fee, and the percentage, will be adjusted when the actual construction cost is known. If the project is suspended for a period of at least six months, an adjustment will be determined by mutual agreement and as approved by the Monroe County BOCC. A final adjustment will be made when construction is complete. (B) For the performance of the optional additional services and contingent additional services described in Article III of this contract, provided same are first authorized in writing by the County, the Architect/Engineer shall be paid hourly at the rates identified in Exhibit A, or as negotiated. (C) If the Architect/Engineer's duties, obligations and responsibilities are materially changed through no fault of the ArchitectlEngineer after execution of this contract, compensation due to the Architect/Engineer shall be equitably adjusted, either upward or downward; (D) As a condition precedent for any payment due under this contract, the ArchitectlEngineer shall submit monthly, unless otherwise agreed in writing by the County, an invoice to the County requesting payment for services properly rendered and reimbursable expenses due hereunder. The Architect/Engineer's invoice shall describe with reasonable particularity the service rendered. The ArchitecUEngineer's invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the County may require. 8.2 REIMBURSABLE EXPENSES 8.2. 1 Reimbursable expenses include expenses incurred by the ArchitectlEngineer in the interest of the project: a. Expense of transportation submitted by ArchitectlEngineer, in writing, and living expenses in connection with out-of-county travel authorized by the County, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Fees paid for securing approval of authorities having jurisdiction over the project; C:. Reproductions as requested only by the County (beyond 8 signed and sealed full size sets, plus one full size reproducible set, and one 11 x 17 reproducible set, and one re-writable CD); d. Postage of Drawings and Specifications, except for those charges for postage between the Architects/Engineers branch offices and between the Architect/Engineer and his consultants. e. Renderings and Models requested by the County. ARTICLE IX 9.1 OWNERSHIP OF THE PREUMINARY DESIGN AND THE DESIGN FOR CONSTRUCTION 9.1 The Drawings, Specifications and other documents prepared by the Architect/Engineer for this project are instruments of the ArchitectlEngineer's service for use solely with respect to this project. The Architect/Engineer shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights. Architect/Engineer's Drawings, Specifications and other documents shall not be used by the County or others on other projects, except by agreement in writing. The Architect/Engineer's drawings and specifications, and other documents, may be used for completion of this project by others. 9.1.2 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/Engineer's reserved rights. 9.1.3 The As-Built drawings and specifications will be furnished by the contractor to the County in electronic format in addition to the original As-Built documents. 9.1.4 The County may utilize the construction documents, As-Built documents, etc. as required for reference on any necessary future work on the site. ARTICLE X 10.1 SUCCESSORS AND ASSIGNS 10.1.1 The ArchitectlEngineer 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 County which shall not be unreasonably withheld. ARTICLE XI 11.1 NO THIRD PARTY BENEFICIARIES 11.1.1 Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. ARTICLE XII 12.1 INSURANCE 12.1.1 The Architect/Engineer shall obtain insurance as described in 12.1.2 and maintain the required insurance at all times this contract is in effect. Errors and Omissions Insurance shall also be maintained for a period of two years after final completion of the project. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Architect/Engineer's failure to purchase or maintain the required insurance, the ArchitectlEngineer shall indemnify the County from any and all increased expenses resulting from such delay. 12.1.2. The Architect/Engineer shall furnish the County certificates of insurance indicating the following coverages or in excess thereof: Worker's Compensation in the amount of Statutory Limits; Employer's Liability $100,000 Bodily Injury by Accident, $500,000 Bodily Injury by Disease, policy limits, $100,000 Bodily Injury by Disease, each employee; General Liability (Premises operations, products and completed operations, Blanket Contractual Liability , Personal Injury Liability, Expanded Definition of Property Damage) $300,000 combined single limit, Vehicle Liability should extend a liability for owned, non-owned, and hired vehicles with coverage of $100,000 combined single limit; Architects Errors & Omissions with $250,000 per occurrence/$500,000 aggregate. All sub consultants must have the same coverage. Monroe County shall be named as an additional insured on the General Liability and Vehicle Liability policies. 12.1.3 The coverage provided herein shall contain an endorsement providing sixty (60) 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. ARTICLE XIII TERMINATION 13.1 Either party hereto may terminate this contract upon giving seven (7) days written notice to the other in the event that such other party substantially fails to perform its material obligations sat forth herein. Termination expenses shall include all usual expenses until date of termination and any additional services required in order to stop performance of services, subject to County audit for verification. Architect/Engineer shall not include additional expenses not directly related to termination after notice is given. 13.1.1 The County may terminate this agreement without cause by giving the other party thirty (30) days written notice. 13.1.2 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 XIV ENTIRE AGREEMENT 14.1 This contract constitutas of the form of agreement (Articles I-XV), 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/Engineer will control. 14.2 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 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. ARTICLE XV Added Reauirements 15.1 The following items are part of this contract: a) Architect/Engineer shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to ArchitectlEngineer pursuant to this Agreement were spent for purposes not authorized by this Agreement, the ArchitecVEngineer shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, 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 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, the County and ArchitectlEngineer agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to a trial by jury. 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/Engineer 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/Engineer 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 and court costs, as an award against the non-prevailing party, and shall include attorney's fees and courts costs, in appellate proceedings. 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. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and ArchitectlEngineer and their respective legal representatives, successors, and assigns. f) 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. g) Claims for Federal or State Aid. ArchitecVEngineer 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. II) Adjudication of Disputes or Disagreements. County and ArchitecVEngineer agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions bet\".I8en 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. 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 ArchitectlEngineer 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 ArchitectlEngineer specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. ArchitectlEngineer and County agree that there will be no disaimination 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/Engineer or County agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These indude but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits disaimination 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) 1l1e 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 use ss. 69Odd-3 and 290ee-3) , as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 use 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 use 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/Engineer and County covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. I) 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. m) No Solicitation/Payment. The ArchitectlEngineer 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 ArchitecllEngineer agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Public Access. The Architect/Engineer and County shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the ArchitecVEngineer and County in conjunction with this Agreement; and the ArchitecUEngineer shall have the right to unilaterally cancel this Agreement upon violation of this provision by County. 0) Non-Waiver of Immunity. Notwithstanding he provisions of Sec. 768.28, Florida Statutes, the participation of the ArchitecVEngineer 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 under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, 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. 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 ArchitecVEngineer and the County agree that neither the ArchitecVEngineer 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. s) Attestations. Architect/Engineer agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. t) No Personal Uability. 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) 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 countarpart. v) 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 has caused this Agreement to be executed on the date first above written by its duly authorized representative. BOARD OF COU OF MONROE C COMMISSIONERS , FLORIDA By: By: (Seal) Attest: Or ARCHITECT/ENG ER rchltect, P.A. By: Name Witness: lNlu""rn P, f.}oIJ./J Print Name ffiINt,JP~ L AApJ}JtcL:t Title Print Name Wrtness: o a.: o c..:> t.L1 C.:: Ct;: C. '-'- CJ L1J -J ..... LIJ <i.. D .....J ..". U. ......:j_:~ ::;Cil_ ;,~~:~ .(..)0 -1 ..u ">-X:w :=-10' zUe:::. <C z CI 0 :l: N Print Name x: - MONROE COUNTY ATTORNEY APPRO 0 A P FORM: "\A.-Y>v. SUSAN M. IMSLEY ASSIST~NT COU Y ATTORNEY Date /u- ~I -< 0'" r- I U La..I = "" .... .... ..... I I I I I I I I I ~ . . . . . I . . . RFQ FOR ARCHITECTURAUENGINEERING SERVICES. Stock Island Fire Station NON-COLLUSION AFFIDAVIT I, (;JIU/IJLh P. k/11J./v of the city of JL.jlVj t.J!1rt according to law on my oath, and under penalty of pe~ury, depose and say that: 1. I am f?1,//v t,iPA L of the firm of INjL/'/A/Y) Po ~ A~ht"tr. r::A. , for bids for: the bidder making the Proposal for the project described in the Notice for Calling ~"'/1U./L. IstAUJ rIlL! -shJ77IIN !lrf( 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' this affidavit are true and correct, and made with full knowledge that Monroe unty relies upon the truth of the statements contained in this affidavit in award' g contracts for said project. ~J04 (Signature of Bidder) STATE OF: --.f.lori dcLJ COUNTY OF: MDn t1.,e... PERSONALLY APPEARED BEFORE ME. the undersigned authority, ~ ~_ who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this ~ day of ..8p rf I 20 OLt__. .~'" '~b.i:'FIaALNUII'J('{ M:.Ar-- LISA MO!l.'SALVATGE STATE OF FLORIDA COMMlSSION NO. CC94526! MY COMMISSION EXP. NE 14,2004 My Commission Expires: 59 I I I I I I I I I I I I I I I I I I I RFQ FOR ARCHITECTURAUENGINEERING SERVICES SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY. FLORIDA ETHICS CLAUSE /;NJUIAffl IJ. If4nJ-J warrants that he/it has not employed, retained or otherwise hed act on hisfils behalf any former County officer or employes in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this lXlntract without liability and may also, in its d' cretion, deduct from the contract or purchase price, or otherwise relXlver, the full amoun of any fee, lXlmmission, percentage, gift, or lXlnsideration paid to the former County officer employee, STATE OF F\-.o",-\u,", COUNTY OF t'\o<,->=~ PERSONALLY APPEARED BEFORE ME, the undersigned authority, W/"""IIrt^ '(I, N<1f\N who, after first being swom by me, affixed his/her signature (name of individual signing) In the space provided above on this 22 day of MA<<CYI ,2~. "" NOTARY PUBLIC My commission expires: ~o-.r- ~. '2..00 'l<;- , ) Q)"1I::.. . :..,., c. JEAN V1RBAlJ. _ : ;oi MY COMMISSION' DO 280025 . '.. EXPIRES: January 8, 2008 ", BmdIdThruNolalyPttllicl.lndelwril<<s 62 I RFQ FOR ARCHITECTURAUENGINEERING SERVICES DRUG-FREE WORKPLACE FORM I The und....igned vendor In accordance with Flor1da Statute 287.087 hareby certifies that: I Will; ~ r. Hvrfl Arc,L.i'h1d. f:A. (Name of Business) 1. Publish a stetement nol1fylng employees thai the unlawful manufacture, dls1rlbullon, dispensing, possession, or use of a controlled substance Is prohibited In the workptace and specifying the aellons thai will be taken against employees lor violations of such prohlblllon. I 2. Inform employees about the dangers of drug abuse In the workplace, the business's poney of maintaining a drug-free workplace, any available drug counsaing, rehabllltallon, and employee assistance programs, snd the panalUeathal may be Imposed upon employees lor drug abuse vtoleUons. I 3. Give each employee engaged In provtdlng the commodities or conlrsctual servlcesthalalll under bid a copy of the statemenlspectlled In subsecllon (1). 4. In the statemenlspecllled In subsecllon (1), notify the amployees thai, 88 a condlUon 01 wor1<lng on the commodities or contractual seMcas thai are under bid, the employee will abide by the terms of the statemenl and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any vtolallon of Chapter 893 (Florida Statutes) or of any controlled substance law of the United Stetes or any state, for a vtolaUon occurring In the workplace no later than five (5) days after such conviction. 5. Impoas a sancllon on, or requllll the seUsfacfory partlclpallon In a drug abuse assistance or rehabllltaUon program II such Is available In the employee's community, or any employee who Is so convicted. I I I 6. Make a good lalth effort 10 continue to alntaln a drug-free workplace through implementallon of this secIIon. I As the parson authorized to sig e statemenl, I certify that this firm compiles fulty with the above requirements. ;~/?4- / Da I I I I I 63 I I I I I William P Horn Architect, PA 915 Eaton St Key West FL 33040 CERTIFICATE OF L1ABILlTY~INSURANCE ~- --Hoii-rf-o;;.~;~7~;;;~Y~1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. , F? teE I ~j~URERS AFPORDING .cOVE_RAG~____ -Monrolrc I NAIC 1/ ~NSURER f- ~~"n"y '","<anoo Co Fesllllre. De,~?90 j ~U,RER Tlllt::hnoloqy Insurance Company I SEP 2 5 ~ER I -~-- 2--- - - ~URER --~ ---SEfL-i ~_- ~- '''. ACORD _.._ _..mu........__... PRODUCER The Fullers, Inc 1432 Kennedy Drive Key West FL 33040 Phone: 305-294-6677 Fax: 305-2921-4641 INSURED __m_ "--'--~-m-_________m._.. t-- COVERAGES ~ l RY' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE I~~.::'~ Y 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. INS" OD'D - -- LTR NSRO TYPE OF INSURANCE POLICY NUMBER I GENERAL LIABILITY X ~COMMERCIALGENERA_ L LIABiliTY 090004962995802 CLAIMS MACE I~ OCCUR A X Business Owners ~ --~----- I DA'i!~iMMiDb-rYYl" DATE MM/DDIYYI I LIMITS 09/21/06 09/21/07 EACH OCCURRENCE $ 1000000 PREMISES (Ea occur~ ~?OO OQ____ ~~~ (Any~~~erson) m_ ~?OOQ_,"_____,_ ____ PERSONAL & ADV INJURY $ 1000000 ---------- f-------- - GENERAL AGGREGATE $ 2000000 ---~'-------+-'--=--------- PRODUCTS-COMP/OPAGG $1000000:_m_._-__ GEN'L AGGRE~E,L1MIT APPLIES PER: Xl POLICY I I ~r8T il LOC ~U"TOM08ILE LIABILITY f-- ANY AUTO f--- SCHEDULED AUTOS - _ HIRED AUTOS __ NON-OWNED AUTCIS ALL OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) , BODILY INJURY (Per person) , B r~r~GE LIABILITY r[ ANY AUTO EXCESSJUMBRELL.A LIABILITY tJ OCCUR 0 CLAIMS MADE II DEDUCTIBLE II RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERlMEMBER EXCLUDED" ~~E(;I~!~~~VI~?ONS below OTHER 'm-~( .~ lho' \U If' '-1 . (I (j,-, EACH OCCURRENCE $ (c 'HJ--'n I)~ A~GREGAT~--r;----- \7 yJJ.. . t.~'" --___ { j, w;j '_ : ___~~_~ S BODILY INJURY (Per accident) S PROPERTY DAMAGE (Peraccidenl) , AUTO ONLY - EA ACCIDENT , EA ACC $ , -- OTHER THAN AUTO ONLY: AGG TWC3089569 01/01/06 01/01/07 ~9RY;:;LIIM:rsl _I'-'ER- _ ______._ E.L. EACH ACCIDENT $ 100000 ---~-- !--.~--_._--- E.L.DISEASE-EAEMPLOYEE $100000 ----.--- 1------ --- E.L. DISEASE-POL/CYlIMIT $ 500000 DESCRIPTION OF OPERATIONS I LOCATIONS , VEHICLES' EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS certificate holder is an additioanl insured for liability CERTIFICATE HOLDER MONBOCC CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA y-,':. N DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITT",N NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SH"" IMPOSE NO OBLIGATfON OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD CORPORATION 1988 Monroe County BOCC Risk Management 1100 Simonton St. Key West FL 33040 ACORD 25 (2001/08) Norman Fuller M\"vnu. \It:f''( 11t"Il,A II:. U~ LIABILITY INSURANCE OP 10 NEi HORNWIl J DATE (MM/OOfYYYY) 06/12/06 p,ROOUCER THIS CERTIFICAl . ISSUED AS A MATTER OF INFORMATION ONLY AND CONFER!; flO RIGHTS UPON THE CERTIFICATE The Fullers, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1432 Kennedy Dri''lTe ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Key West FL 33040 --_..... -. -,-+_.- ._-~_._. "'vp," Phone:305-294-6E;77 Fax:305-2 2-4641 I' !,"I-~C i '; :,"f 'INSURERS AFFORDING COVERAGE NAIC# INSURED __I, 'I. ',.J. ,.' ~ _. INSUR R k ,Progressive Commercial Div r--'--'--- .--..- INSUR RS: . William Horn JUN 1 4 ..... '''4SUR R c: 151 Key Haven Rcl 'Ii\jSUR~R 0: : Key West FL 33040 INSUR~R E: COVERAGES MONROE COUNTY THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN sueD TO THE IN~~ra VEP"'\Qn..tc: LlCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONT OCUMENT 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATEjriM/D~ DATE(MMfD~ LIMITS ~NERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY I PREMiSES iEa occurence\ $ I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ - PERSONAL & AOV INJURY $ - GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4, ,n-PRO" n POLICY JECT LOG ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ A X ANY AUTO 2158316-3 OS/29/06 OS/29/07 (EIl8cc1dent) f- f- ALL OWNED AUTOS BODILY INJURY $ 100000 ~ SCHEDULED AUTIJS (Per person) ~ HIRED AUTOS ~.) . BODILY INJURY '{{)SUULe! $ 300000 ~ NON-OWNED AUTOS (Peraccldenl) .~ - (tl PROPERTY DAMAGE $ 50000 I ". I <"C;,- (Per accident) ~~GE UABILlTY III ,~ AUTO ONLY. EA ACCIDENT $ ANY AUTO /(\ JL OTHER THAN EA ACC $ .., ., AUTO ONLY: AGO $ D~SSlUMBRELLA UABILrTY O~~ D" (:-( '~-\f" !.Ul EACH OCCURRENCE $ OCCUR 0 CLAIMS MADE 1 O"6({O""" AGGREGATE $ ( '(J k1 L'( $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATtoN AND I Tc;i\'lcIMW. I IV."" EMPLOYERS' LIABILITY ANY PROPRIETORlPARTNERlEXECUTIVE E.L. EACH ACCIDENT $ OFFrCERfMEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYEI $ ~~~~I~~~VI~~~S below E.L. DISEASE - POLICY LIMIT $ OTHER Monroe ...^....., -i DESCRIPTION OF OPERATIONS J LOCATIONS I VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVJSIONS facl1llle$ Development certificate holder is additional insured JtJN 1 9 2006 liME' <:f,==-)- RECEiVEDBy~I-.'-aJ--~= CERTIFICATE HOLDER CANCELLATION MONBOCC SHOULD AHY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN Monroe County BOCC NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Risk Management IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 1100 Simonton St. Key West FI. 33040 REPRESENTATIVES. / / AUTHORIZED REPRESENTATIVE/. "'1././( . ," - Norman Fuller / " /1 .' ACORD 25 (2001108) / @ ACORD CORPORATION 1988 EXHIBIT A Fixed Hourly Rates: WILLIAM P. HORN ARCHITECT, P.A. License Nn. A^ O(jU3040 l) 15 EATON STREET, KEY WEST, FLORIDA 33040 PHONE: 305-2%-l'Dll2 FAX: 305-2%-103J Date: 10/16/06 To: Monroe County Engineering Dept. 1100 Simonton Street Key West, Florida 33040 Re: Stock Island Fire Station Renovation Stock Island, Florida Exhibit A William P. Horn Architect, P.A. Fixed hourly rates are as follows: Principal Architect $1 95.00/hr. Architect I 25.00/hr. Intern Architect 100.00/hr. Draftsperson 85.00/hr. Structural Engineer 1Z5.00/hr. M.E.P. Engineer 110.00/hr Principal Civil Engineer 150.00/hr. Senior Civil Engineer 120.00/hr. Civil Engineer IOO.OO/hr.