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05/16/2012 Contract DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: May 23, 2012 TO: Jerry Barnett, Director Project Management ATTN: Ann Riger Contract Administrator FROM: Pamela G. Hanc D.C. At the May 16, 2012, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item C15 a Contract for Professional Services with William P. Horn Architect, P.A. for the Lester Building Roof replacement. Enclosed is a duplicate original 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 ARCHITECT/ENGINEER FOR LESTER BUILDING ROOF REPLACEMENT THIS CONTRACT made as of the 17A day f flit 2012 FOR y , PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT (the "Contract" or "Agreement ") is made and entered into by MONORE COUNTY BOARD OF COUNTY COMMISSIONERS (the "owner" or "County "), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, its successors and assigns through the Monroe County Board of County Commissioners ( "BOCC "), and WILLIAM P. HORN ARCHITECT, P.A. (the "Architect "), whose address is 915 Eaton Street, Key West, I e M IPSIR1011 NOW THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which are hereby acknowledged, the Owner and the Architect/Engineer agree: This contract shall be effective on the date of execution by the last party signatory to the contract. 2. This contract is in accordance to the Continuing Contract as approved by the BOCC on December 16, 2009 where professional services are to be rendered for projects in which the estimated construction costs of each individual project under contract does not exceed Two Million Dollars ($2,000,000.00), or for a study activity if the fee for professional services for each individual study does not exceed Two Hundred Thousand Dollars ($200,000.00). All terms and conditions of the continuing contract approved by the BOCC shall apply to this contract. Modifications to the existing contract consist of the following: 3. The Architect shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the services performed by Architect or other information to which the Architect has had access during the Term of the Continuing Contract without the prior written approval of the County, during the term of the Continuing Contract and for a period of two years after the termination of the Continuing Contract. Nevertheless, the parties agree the Architect may use and publish the County's name and give a general description of the work provided by the Architect for the purpose of informing other clients and potential clients of the Architect's work experience and qualifications. LESTER BUILDING ROOF REPLACEMENT 4. 5. 91 7. 8. Should the County receive a request for documents pursuant to Chapter 119, Florida Statutes, Architect shall cooperate with the County to facilitate the County's compliance with Chapter 119, Florida Statutes. Should the Architect assert any exemptions to the requirements of Chapter 119, and related statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Architect. Failure by the Architect to cooperate with the County in connection with a Public Records request shall be grounds for immediate unilateral cancellation of the Continuing Contract by the County. Scope of Work: Architect shall provide the Design through Construction Administration Services for the Roof Replacement at the Lester Building located at 530 Whitehead Street, Key West, Florida. The 3 story building has a 30 year old metal roof on the original building and a 20 year single ply roof on the rear addition. The metal roof will be replaced with metal roofing, gutters and downspouts, and the single ply roof will be replaced with single ply roofing, gutters and downspouts. Payment: Architectural fees shall be as follows: • Design and Construction Documents and Specification $17,000.00 • Bidding Phase 1,000.00 • Construction Administration 6,000.00 Total $24,000.00 Invoices shall be billed monthly on a percentage of completion basis. 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. All other terms and conditions of this Contract shall comply with the Continuing Contract dated December 16, 2009. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW LESTER BUILDING ROOF REPLACEMENT 2 T£FNESS WHEREOF, each party caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By. By: Deputy Clerk -67141 Mayor /Chairman Witness to Architect' igna By: WITH SS Signature Print Witne Name Date: STATE OF FLORIDA WILLIAM P. HO ARCHITECT, P.A. By: Signature of Corporate Agent wi���,n�✓ �a -. Print Name of Co orate Ag&iit - 7 1 r Date: Z !Z. w o A i= O O COUNTY OF MONROE On this . day of 274 .2012, before me, the undersigned notary public, personally appeared w ' t - Y , known to me to be the person whose name is subscribed above and acknowledged that he is the person who executed the above Contract with Monroe County for Professional Services for the ester Building Roof Replacement for the purposes therein contained. NOTARY PUBLIC My Commission expires: b f 5�/ 2 01 S 0V o111 Notary Public State of Florida Rachel Kohler My Commission EE097254 orr� Expires 05 /25/2015 3 LESTER BUILDING ROOF REPLACEMENT DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: ri «&J-46 A AVAty A2 (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug - free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintai drug -free workplace through implementation of this section. As the person authorized to sign the statement certify that this firm complies fully with the above requirements. Bidder's Date OMB - MCP#5 4 LESTER BUILDING ROOF REPLACEMENT SWORN STATEMENT UNDER ORDINANCE NO. 10 -1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE W/1.61/011'1 t gynp 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. 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 contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former Cou /fficer or employee. ( ignatur ) Date: Z STATE OF Vld r I COUNTY OF �W PERSONALLY APPEARED BEFORE ME, the undersigned authority, W1 11, <� rn )-td In who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this 2'f day of A2" 20 20 l2 . � NOTARY PUBLIC My commission expires: b &5 Z ► L o� Notary Public State of Florida OMB - MCP FORM #4 t`f: Rachel Kohler + � My Commission EE087254 cF Expires 05125 /201 5 LESTER BUILDING ROOF REPLACEMENT NON - COLLUSION AFFIDAVIT I, W it AM A HOAki , of the city of Kom �/rL,r/� according to law on my oath, and under penalty of perjury, depose and say that; l.) I am the bidder making the Proposal for the project described as follows: 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 corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5.) the statements contained in this affidavit are true and ortect, and made with full knowledge that Monroe County relies upon the truth o e statements contained in this affidavit in awarding contracts for said project. STATE OF ��� &" COUNTY OF M6 Yl /&--- PERSONALLY APPEARED BEFORE ME, the undersigned authority, 4 i l n, ✓►^ who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this 2 day of J ", 20 1?- . n Notary Public State of Florida Rachel Kohler c My Commission EE097254 p Expires 05/25/2015 _ S NO ARY PUBLIC My Commission Expires: 5 ZS 12v t 6 LESTER BUILDING ROOF REPLACEMENT