03/17/2010 Agreement 1110 111110
DANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: March 23, 2010
TO: Jerry Barnett, Director
Project Management
ATTN: Ann Riger
FROM: Pamela G. Hanc
At the March 17, 2010, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
First Amendment to the Art in Public Places Agreement between Nan Thurn Kitchens
d/b/a Architectural Clayworks to allow the chose work to be exhibited in a different location at
the Key West International Airport.
Contract for Professional Services between Monroe County and William P. Horn,
Architect P.A. to develop a Master Plan for the Higgs Beach Park.
Enclosed is a copy 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 OWNER AND ARCmTECT/ENGINEER
THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND
ARCI-IITECT/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 ("BOeC"), and
William P. Horn. Architect.. P.A. , the ("Architect")., whose address is 915 Eaton St.
Key West. FL 33040, 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 under a continuing contract awarded to William P. Horn Architect
P.A. by Monroe County pursuant to Florida Statute 287.055(2) (g).
The professional services required by this Contract are to be rendered for a project for
study tlctivity that the fee for professional services for each individual study under the
contract does not exceed Two Hundred Thousand Dollars ($200,000.00).
The professional services required by this contract will be for services in the form of
developing a Higg's Beach Park Master Plan, commencing on the effective date of this
contralet and ending 270 days from the commencement date. An extension of time at no
additional cost to the County, in the fonn of an amendment to this contract, may be
granted only by Baec approval.
The terms and conditions of the Continuing Contract shall apply to this contract, unless
expressly modified in the provisions of this contract. Where the tenns of the Continuing
Contract differ from the terms of this contract, the tenns of this contract shall take
precedence. This contract will contain a specific scope of work.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreenlents stated herein, and for other good and valuable consideration, the sufficiency
of which hereby acknowledged, the Owner and the Architect agree:
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By eXt;:cuting 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 licellSed to practice Architecture/Engineering by all public entities having jurisdiction
over tIle 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.
1.1.4 The Architect shall prepare all documents required by this Contract including, but
not linlited to, all contract Master Plans and Specifications, in such a manner that they
shall b.e 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 su.fficient to accomplish the purposes of the Project, therefore, eliminating any
additional design costs due to missing or incorrect design elements in the contract
dOcUITlents;
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
infomlation, a schedule for the performance of the Architect's services which may be
adjUSt4~ as the Project proceeds if approved by the Owner, and shall include allowances
for peliods 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 tile 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 sta1utes, ordinances, rules and regulations pertaining to, or regulating such services,
including those now in effect and hereinafter adopted. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this agreement and
shall entitle the COUNTY to terminate this agreement immediately upon delivery of
writteIl notice of termination to the Architect.
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ARTICLE II
SCOPE OF ARCHITECT/ENGINEER'S BASIC SERVICE
2.1 DEFINITION
2.1.1 Architect's Basic Services consist of those described in Paragraphs 2.2 through
2.3 and other services identified as part of Basic Services, and include Donnal, civil,
structllral, mechanical, and electrical engineering services as required for this project.
2.1.2 The Master Plan shall include, but shall not necessarily be limited to, plans and
specifications that describe all systems, elements, details, co~ponents, materials,
equiplnent, and other infonnation necessary for the development and approval of the
Master Plan. The Master Plan shall be accurate, coordinated 'and in all respects adequate
for ap]provaI of the Development Plan 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 is not responsible for the development of
Construction Drawings.
2.1.3 These services shall include, but not be limited to: Preparation and completion of
the df~sign program for space requirements and relationships, schematic design, design
devel()pment, cost estimating during design and document preparation, preparation and
submittal of approval applications, zoning applications, public presentations and
preserltations to the County Commission. Architect shall arrange his schedule in order to
be available to perform the listed services for the project as requested by COUNTY and
with tJne understanding that for any individual project the costs will not exceed the limits
under F.S. 287.055 (2)(g).
2.2 PHASE ONE, SCHEMATIC DESIGN
2.2.1 The Architect shall review the County's program, schedule and 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 Monroe County Project
Mana~~ement Department's proposed site use and improvements, required approvals,
zonin!~ selection of materials, building systems and equipment; and method of Project
delivery.
2.2.3 The Architect shall review with the Owner and Monroe County Project
Management Department's alternative approaches to design of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule and budget requirements,
the Architect shall prepare, for approval by the Owner, Schematic Design Documents
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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 Phase Two of the Master Plan.
2.2.7 During the development of the Master Plan the Architect will plan, arrange and
conduct Public Meetings and all other meetings as indicated in his proposal that is
attached to and is part of this contract. Upon agreement between the County and the
Architect (the total number of meetings shall remain the same) the number of meetings
with individual committees, boards, staff, and etc. can be modified and scheduled as
needed. The Architect shall provide for recording and distributing meeting minutes. The
County will provide the space for the Public Meetings and meetings with county staff and
committees. Advertising for Public Meetings will be the County's responsibility.
2.2.8 The Architect shall take into consideration, for the development of the Master
Plan, information acquired through meetings identified in 2.2.7 and shall review other
Master Plans generated in the past regarding Higgs Beach Park.
2.2.9 The County, at its discretion, reserves the option to end the project with the
completion of Phase One and not proceed to Phase Two. If the County chooses this
option the Architect shall be paid for work completed on Phase One but will not receive
any additional funds unless instructed in writing to proceed with Phase Two.
2.3 PHASE TWO, DESIGN DEVELOPMENT DOCUMENTS
AND APPROVALS
2.3.1 Upon completion of Phase One, and with written approval from the County, the
Architect shall proceed to Phase Two and provide drawings, outline specifications and
other documents for the Owner's approval and the Monroe County Project Management
Department's information for submittal by the Architect to the City of Key West for
development review and approval. The Architect shall provide an estimate of anticipated
costs in accordance with Phase Two design documents.
2.3.2 The Phase One Documents must be approved in writing, by the Owner prior to
Architect continuing to Phase Two.
2.3.3 The Architect shall provide all Drawings and Specifications required by the City
of Key West's development Review Board for Development Approval and for the
Owner's and the Monroe County Project Management Department's review.
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2.3.4 The Architect shall submit to the City of Key West the above mentioned
documents and information for obtaining Development Approval from the City of Key
West.
2.3.5 The Architect's Development Approval 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 approvals when applied for. If approvals
are denied, then the Architect will conform the documents in such manner to receive
approvals upon such plans. Work required from the Architect to conform the documents
to federal, state, city, county, or agency specifications and approval requirements to allow
them to be approved shall be completed at no additional cost to the Owner.
2.3.6 Duties, responsibilities and limitations of authority of the Architect shall not be
restricted, modified or extended without written agreement of the Owner and Architect.
2.3.7 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 ot: the design of the project.
2.3.8 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.
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 furnished in accordance with generally accepted consulting
practice.
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 based on hourly fees listed on Exhibit A to
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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.
ARTICLE IV
OWNER'S RESPONSIBILITIES
4.1 The Owner shall designate Monroe County Project Management Department to
act on the Owner's behalf with respect 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.
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 criteri~ as and it: modified. No review of such documents
shall relieve the Architect of responsibility for the accuracy, adequacy, fitness, suitability
or coordination of its work product.
ARTICLE V
CONSTRUCTION COST
5.1 The Architect shall provide an Estimated Construction Cost for the total project.
ARTICL~ 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 ot: 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.
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6.2 The first ten dollars ($10.00) of remuneration paid to the Architect is for the
indemnification provided for above. Should any claims be asserted against the County by
virtue of any deficiency or ambiguity in the plans and specifications provided by the
Architect, 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
Payment shall be the agreed to lump sum and will be distributed on a monthly basis as
described below. Additional services will be based on hourly rates to be approved by the
County. Hourly rates are provided in Exhibit A and are subject to annual affirmation.
Details of payment are as specified below.
8.1.1 The Architect shall submit monthly, unless otherwise agreed in writing by the
Owner, an invoice to the Owner requesting payment for services properly rendered and
reimbursable expenses due hereunder. The Architect's invoice shall describe with
reasonable particularly the services rendered. For billing purposes, the project shall be
divided into two portions, known as the Beach side and the Land side. The Architect
shall identify that portion of work completed for the Beach side of the park and that
portion of work completed for the Land side of the park separately. The boundary line
between the two shall be the centerline of Atlantic Boulevard passing through the Park~
The Architect's invoice shall be accompanied by such documentation or data, as required
by the Owner, in support of expenses for which payment is sought.
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S.t.I.A - Phase One Fees
Architectural, Planner, Civil, etc................................... .. $45,000.00
Surveyor $10.500.00
Phase One Total.......... ............................ ................,..555,500.00
8.1.1.B - Phase Two Fees
Architectural, Planner, Landscape Design,
Civil Engineering, Lighting Engineering,
Studies and assessments. etc.
$76.500.00
Phase Two Total..... ........................ ... ..... ....... ... ....576,500.00
8.t.t.C - Total Contract Sum
Phase One.. . . . . . . .. . .. . .. . .. .. . .. .. . .. . .. .. . . . .. .. .. .. .. . . .. . . . . . . . . . .. . . .. .. .. . .. . .. . .. . ... .. $5 5,500.00
Phase Two $76.500.00
Total Contract Sum.. ........ ...... ....... ............ ...... .... .$132,000.00
At this time the number of buildings (new and/or to be renovated) is unknown. Therefore
the above costs are based on design work for 4 (four) buildings. Additional buildings
will be billed as stated below.
Any additional work for Phase I or Phase II can be completed at a fixed fee (to be
determined) or at the standard hourly rates listed in Exhibit A.
The Total Contract Sum 15.........$132,000.00 (one hundred thirty-two thousand
dollars and no cents)
8.2 REIMBURSABLE EXPENSES
All reimbursable expenses are included in the Total Contract Sum, however prior to
incurring any additional expense written approval for that expense must be obtained in
writing 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 1- September 30) by County's Board of County Commissioners.
The budgeted amount may only be modified by an affinnative act of the County's Board
of County Commissioners.
8.3.2 A V AILABILITY 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 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 oftennination, unless otherwise required by law.
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8.3.3 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 perfonned entirely in the State. Venue for any
mediation, dispute conferences or litigation arising under this contract must be in Monroe
County, Florida. The Parties waive their rights to a trial by jury.
ARTICLE X
10.1 OWNERSHIP OF THE PRELIMINARY DESIGN AND THE DESIGN
DOCUMENTS
10.1 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 of these 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 not be used by the Owner
on other projects 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.
10.1.3 The Owner may utilize the documents as required for reference 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.
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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 under 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
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 fonn 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 per Accident, $500,000
Disease, policy limits, $100,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering
claims for injuries to members of the public and/or damages to property of
others arising from use of motor vehicles, including onsite and offsite
operations, and owned, hired or non-owned vehicles, with One Hundred
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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 damage to property of others arising out of any covered act or
omission of the Architect or any of its employees, agents or subcontractors or
subconsultants, including Premises and/or Operations, Independent
Contractors; Broad Form Property Damage and a Contractual Liability
Endorsement with Five Hundred Thousand Dollars ($500,000.00) per
occurrence and annual aggregate.
E. Professional liability insurance of Five Hundred Thousand 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.
G. 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; and subconsultants
shall be required by contract to provide copies of insurance policies to the
Architect. County will not pay for increased limits of insurance for
subconsultants.
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. County reserves the
right to require copies of insurance policies of subconsultants.
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
tennination 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) days written notice of its intention to do so. Termination expenses shall include
expenses available under the contract through the date on the notice of tennination and
shall not include any additional services required in order to stop performance of
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services, unless agreed to in writing by the County and subject to audit for the purpose of
verification.
ARTICLE XV
ENTIRE 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 placed 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 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 mediation before a mediator
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
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.
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16.5 Arbitration is specifically rejected by the parties as a method of settling disputes
which arise under this agreement; neither of the parties shall be compelled by the other to
arbitrate a dispute which may arise under this Agreement.
ARTICLE XVII
Additional Reauirements
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 detennines 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. Sec. 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 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 Architect 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. 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
of any other administrative 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 refonn 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 party
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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.
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. 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
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 Education Amendment of 1972, as amended (20 use
SSe 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 use s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 use ss. 6101-6107) which prohibits discrimination on the basis of
14
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, SSe 523 and 527 (42 use SSe
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 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 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 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, and the Monroe
County Code of Ordinances, 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 SolicitationIPayment. 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
has not paid or agreed to pay any person, company, corporation, individual, or finn, 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 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 ot: all documents, papers, letters or other materials in
its possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the Architect and County in conjunction with this
Agreement; and the Architect shall have the right to unilaterally cancel this Agreement
upon violation of this provision by County.
o ) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 286.28,
Florida Statutes, the participation of the Architect and the County in this Agreement and
15
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 reliet: 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 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
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). 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.
16
v) Disadvantaged Business Enterprise (DBB) Policy And Obligation. It is
the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have
the opportunity to participate in the perfonnance 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 ~y of the parties hereto may
execute this Agreement by singing any such counterpart.
x) Section Headings. Section headings have been inserted in this Agreement
as a matter of convenience of reference only, and it is agreed that such section headings
~art of this Agreement and will not be used in the interpretation of any provision
to~~ ----:::-' "t;, ent.
Ic~:,c;,;::?- ~ \1, ,~~,WHEREOF, each party caused this Agreement to be executed by its duly
t~; u. " ~entative on the day and year first above written.
.f · , i{"l
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~~~
C) :;e.: r~-
L-Y (-y :;t'~
Dferd~~81fCOUNTY ATTORNF;Y
AP ROVED P..8 TO FORM:
vC;
NATILEENE W. CASSEL
ASSISTANT COUNTY ATTORNEY
ate ~/ uf/~
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Date:
WI
By: .
~ITNESS Si~ ')
W'./\/ 111 ~ fvOf I
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Date: ~ ~_ LP
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END OF AGREEMENT
17
SECTION FIVE
INSURANCE REQUIREMENTS AND INDEMNIFICATION STATEMENT
Insurance Reouirement
Required Limits
Workers' Compensation
Statutory Limits
Employer's Liability
$100,000/$500,000/$100,000
General Liability
$500,000 Combined Single Limit
Vehicle Liability
$100,000 Combined Single Limit per
Occurrence/$l,ooo,ooO Aggregate
Architects Errors and Omissions Liability
$500,000 per occurrence/ $1,000,000
Aggregate
IDEMNIFICA TION AND HOLD HARMLESS FOR CONSULTANTS AND
SUBCONSULTANTS
The Architect/Consultant covenants and agrees to indemnify, hold harmless and defend
Monroe County, its commissioners, officers, employees, agents and servants from any
and all claims for bodily injury, including death, personal injury, and property damage,
including property owned by Monroe County, and any other losses, damages, and
expenses of any kind, including attorney's fees, court costs and expenses, which arise out
of: in connection with, or by reason of services provided by the Architect or Consultant
or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other
wrongful act or omission of the Architect/Consultant, including its Subcontractor(s) in
any tier, their officers, employees, servants or agents.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the Architect/Consultant's failure to purchase or maintain the
required insurance, the Architect/Consultant shall indemnify the County from any and all
increased expenses resulting from such delay. Should any claims be asserted against the
COUNTY by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Architect/Consultant, the Architect/Consultant agrees and warrants that
Architect/Consultant shall hold the County hannless and shall indemnify it from all
losses occurring thereby and shall further defend any claim or action on the County's
behalf:
The first ten dollars ($ I 0.00) of remuneration paid to the Architect/Consultant IS.
consideration for the indemnification provided for above.
18
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 ~contract and will comply
in full with all the requirements. /'
wlUlAm A #1/ZN
Respondent
_..,..."_~,,"A'-.~
19
F9b 18 ,1(1 05:12p
\"lILLr'~\~11 P. f...fORN
3,C5-296.,l! 033
p,3
INSU~CE AqJNT'~ STAn~IENT
( have review'c:d the above requiroments with the Architect named below. lbe following
deductibles 8IPply to the corresponding policy.
DEDUCTIBLES
o
o
o
o
POLI(:~Y
_vJO(KU\ CO'Mfl
~t>\ - ~\Ct,
j,~ \\~ '
= e-\t\ fl;J ~ 1 \V\
Uability poJiC1ies are 1- OooulTencc Claims Made
Print Name:
h2sura11ce Ag'cmcy SiSU8ture
/ ~Z~
~~O{~Y\uV\ ~ ,~(
The Fullers Ins.
1432 Kennedy Dr.
Key West, FL 33040
20
SECTION SIX
COUNTY RESPONSE FORMS
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
GA TO BUILDING, ROOM 1-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Addenda No.(s)
I have included:
o The Response Form \J' V
o Lobbying and Conflict of ~est Clause _
o Non-Collusion Affidavit /
o Drug Free Workplace Form ---y- .. /
o Respondent's Insurance and Inderl)t\ification Statement ~
o Insurance Agent's Statement ~
o Professional and Occupational Licenses V
I have included a current copy of the following professional and occupational licenses:
ItllLJllltif ~-iJJI'e ~/ ffJJ6e ) CIPJ I ~~ OC4l/lllldl\ldL
,,/ a/~~t'f
(Cheek mark items above. as a reminder that they are included.)
Mailing Address: t:JLt.? #~~ -;;1':
~
Telephone: !>~~ZI16''''301.. Fax: 3IJS- Z''/I1033
I'
Date: zAe4o,/1
Signed: I - Witness:
Mlbl"~ ,q 1//hI-;
(Name)
r'1't/~L,I'p~L
(Title)
'"
(Seal)
21
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
" t.//t-tllllfh ~ IJ'AIJ tftf,~/JIIl'.Cfj f/.,A. "
(Company)
" 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 d. retion, deduct from the
Agreement or purchase price, or otherwise recover, the 11 amount of any fee,
commission, percentage, gift, or consideration paid to fonner County officer or
employee" .
Date:
STATE OF: TioR} VA
COUNTY OF: fY) ONe of..
Subscribed and sworn to (or affinned) before me on :;J- ) I R 10
(date) by tv'/ / Ii A /VI (name of affiant). @She is
personally known to me or has produced
as identification. (type ofidentificati n
\
. Mltll._
....., ,..... . ... " ,....
· · .., Canm -tlfu ........... It,
tGlI-rlllla , DO 7I77U
.... ......~ NllllDllllNIIIIr
My commission expires: '/h-/ I)~
22
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies
that:
WItt-111M ~ J/'I1IN Alttlr/lA'tr I ;:::Ai.
(Name of Business) I r
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition
of working on the commodities or contractual services that are under bid, the employee
will abide by the terms of the statement and will notify the employer of any conviction of,
or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or
of any controlled substance Jaw 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 e statement, I certify that this firm complies fully with
the above requirements.
Respondent's Signature
~:!~
23
NON-COLLUSION AFFIDAVIT
I, 1#/,,1./ ~ fl1 f7. JJ~t-J of the city of tzl/; ;.;e1t; r L
according to law on my oath, and under penalty of perjury, depose and say that:
1.
I am P/'t/It//,lfJ4 L
.
of the firm of Ml""fYJ ~ /I~I'1N ~/la'IIt~//?A.
the bidder making the Proposal for the project described in the Request for
Qualifications for: 1I/<4~ k~ #J~-rdl PU~
and that I executed the said proposal with full authority to do so:
2. the prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or
with any competitor;
3. unless otherwise required by law, the prices which have been quoted in this
bid have not been knowingly disclosed by the bidder and will not knowingly
be disclosed by the bidder prior to bid opening, directly or indirectly, to any
other bidder or to any competitor; and
4. no attempt has been made or will be made by the bidder to induce any other
person, partnership or corpor tion to submit, or not to submit, a bid for the
purpose of restricting compe" ion;
5. the statements contained i this affidavit are true and correct, and made with
full knowledge that M oe County relies upon the truth of the statements
contained in this atl avit in awarding contracts for said project.
~-
STATE OF: rlof-JOA
COUNTY OF: M O,/\/e Q e.-
PERSONALLY APPEARED BEFORE ME, the undersigned authority, ~ A ~);, ()
Wr1/if)~ ~. who, after first being sworn by me, (name of individual signing) affixed
. his er signature in the space provided above on this ~ay of T€-hrvAIl 7
20 I () ,
ARY PUBLIC
My Commission Expires:
24
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WILLIAM P. HORN ARCHITECT, P.A.
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l) I 5 EATON STREE'l'.KEY WEST, FLORIDA 33040
PHONE: JOS-29h-X:H>2 F^ X: ]05 -1911-11)3.1
Date: 2/8/10
To: Jerry A. Barnett
Director of Project Management
Monroe County, Florida "
Re: Architectural Fee Proposal
Higgs Beach Master Plan
Key West, Florida
Dear Mr. Barnett,
This letter is to propose cost estimates for the work needed to be completed
to create a master plan for the Higgs Beach Site. Work will be in two phases.
Phase one will include the design and drawing of the master plan and all of
the public meetings that are required to obtain input from the public, City of
Key West and the County Commissioners. Phase two, if needed, will include
all of the required work in order to obtain City of Key West Planning Board
and City Commission approvals, including a development agreement.
Phase one work will include obtaining a new survey of the site, creating an
existing site plan with analysis of all existing conditions, including site and
zoning analysis, -existing building condition analysis and existing landscape
and tree analysis. We will provide proposed site 'plan design options for
review by all and' finalize the options to create a master site plan with cost
estimates for the new work. Meetings will include three public meetings in
Key West, one meeting with the Higgs Beach Steering Committee, one
public meeting with the City of Key West Commission, meeting with the
City of Key West planner, two meetings with the Monroe County
Commission and meetings with county staff as required. We will fmalize
the whole prQcess in a bound report.
Costs for phase one is as follows:
Master Site Plan
Fee = $45,000.00
Surveyor
Fee= $'10,500.00
Phase two work, if needed, will include developing the master site plan to
include all of the required items to go through the Planning Board approval
process of the City of Key West and preparing a development agreement.
Work will include filling out all of the applications and requirements,
developing the site plan, landscape plan, civil drainage plan, lighting plan
and coordination with all agencies. Work will also include designing and
drawing plans and elevations of any building improvements or new
buildings that are desired (includes a total of four buildings maximum).
Meetings will include coordination meetings with the county staff and City
of Key West staff, DRC meeting, Tree Commission meeting, Planning
Board meeting and City Commission meeting.
Costs for phase two is as follows:
Fee= $76,500.00
Any additional work can be completed at a fixed fee (to be determined), or
at our standard hourly rates as listed in the annual contract.
ou have any questions. Weare looking forward to working
s project.
illiam P. Horn,
Principal, LEED AP
A.CORD.. CERTIFICA TE OF LIABILITY INSURANCE OP'D N~ OA Q fMMlOOIYYYY)
HO_-1 12/16/0g
PfIIODUCM nt. CERTIFICATe'. ISSUED AI A MATTER OF INFORMATION
ONLY AND CONfERS NO RIGHTS UPON THE CERTIFICATe
The Puller., Ine: HOLDER. THI, CERTIFICATI DOES NOT AMI!ND, eXTEND OR
143Z Kennedy Drive ALTER THE COVERAGE AFFORDeD BV THE POLICIES BELOW.
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ACORD 21 (2001/01)
eli_nit 175 HORNWlL3
. A CORDn. CERTIFI(;A TE OF LIABILITY INSURANCE I DATE (IIMIDDIYYVY)
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PRODUCER THIS CERnFICATE IS ISSUED AS A MAnER OF INFORMAnON
'SU Suncoa.t Insurance Assoc ONLY AND CONFERS NO RIGHTS UPON THE CERnFICATB
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 22181 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Tamp.. FL 33822-2888
813289-5200 INSURERS AFFORDING COVERAGE HAle .
INSURED INSURER A: Beazley Insurance Company, Inc. 37540
William P. Horn, Architect, PeA. INSURER 8:
915 Eaton Street INSURER C;
Key West, FL 33040 INSUReR D:
INSUReR E:
COVERAGES
THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POlICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDIT1ON OF ANY CONTRACT OR OTHER DOCUIoENT WITH RESPECT TO WHICH THIS CERTIFlCA TE MAY BE ISSUED OR
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County of Monroe OAJII nf8I8Ir, THe I.... INSURER WILL. ENOI!AVOR TO IWL -34.. DAYS WRITTEN
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1100 Simonton Street ,~ NO O8UCIATIOII OR LIARITY '" ANY KJNO UPON THlIHSURER. ITS AGENTS 011
Key West, FL 33040 ~A1'IVU.
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ACORD 25 (2001/01) 1 of 2
*8209071/M209070
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8 ACORD CORPORATION 1988
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID N~ DATE (MMlDDIVYVY)
HORNW!l 12/1'10'
'ROGUe... THIS CERTIFICATlIII.IUEO AI A MAnER OF INFORllAnON
ONLY AND CONfERS NO RIGHTS UPON THE CE RTI FICA 11
Th. Puller., IDe HOLDER. THIS CERTIFlCATI DOES NOT AMEND. IXTlHD OR
1432 K.nn.4y D~ive ALTER THE COVERAGI AFFORD!D IY TMI POUCIES B!LOW.
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Phone.305-2tt-"77 Pax.305-2'2-4141 INSURERS AFFORDING COVERAOI NAle .
INSUReD ! INSURER A: Proa~...lv. C~.rai.l Div
. INSURER I:
Willi.. Bora 1 INSURER C:
15 X:I Savell Rei. INSURER D:
Key w. ~ rL 33040 INIUAER E:
COVERAGES
THE POLICES 0' INSURAHC! USTED BILOW HAve IEIN ISSUED TO THlIHIUAID NANs) ABOVE FOR THI POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIRe MINT. TeRM OR CONOITJON OF MY CONTRACT OR OTHER DOCUMINT WITH RESPECT TO WHICH THII CERTFICATE MAY IE ISIUED OR
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ACORD 25 (2001/01)
. ACORD CORPORA nON 1111
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EXHIBIT A
Hourly Rates
II-
----- ---r- --.., -
Monroe C(X!iTty ~
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WILLIAM P. HORN ARCHITECT, P.1f.ECEfVED BY: . ~II~~ 14u. I\A 0003040
915 EATON STREET, KEY WEST. FLORIDA 33040
PHONE: 305-296-8302 FAX: 305-296-1033
Date: 11120/09
To: Jerry Barne~
Faeilities D~elopmeDt Coordinator
Monroe Cou..ay
Re: Hourly Rates
AnDual CODtraet
Dear Mr. Barnett,
Our standard hourly rates are as follows:
Principal Architect $19S.001hr
Architect $130.001hr
Intern Architect SIOO.OOIhr
Draftsperson $8S.001hr
Structural Engineer S 150.001hr
MEP Engineer $ 12S.001hr
Principal Civil Engineer SISO.OOIhr
Senior Civil Engineer SI20.001hr
Civil Engineer $.1 OO.OOIhr
Planner $150.00/hr
Please call if you have any questions. We are looking forward to working
with you.
William P. Horn,
Prineipal