Item C08County of Monroe
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BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
The Florida. Key
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Mayor Pro Tem David Rice, District 4
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Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
January 18, 2017
Agenda Item Number: C.8
Agenda Item Summary #2510
BULK ITEM: Yes DEPARTMENT: Project Management / Facilities
TIME APPROXIMATE: STAFF CONTACT: Ann Mytnik (305) 292 -4439
N/A
AGENDA ITEM WORDING: Approval of a Second Amendment to the Agreement with William
P. Horn Architect, P.A. for the design through construction administration services for the
redevelopment of Bernstein Park. This Amendment is for a fee increase of $192,401.00, from
$339,545.00 to $531,946.00, and to revise the public records language. This project is funded by the
One Cent Infrastructure Sales Surtax.
ITEM BACKGROUND: Article VIII paragraph 8.2.1 (A) of the contract with William P. Horn
Architect, P.A. for the Redevelopment of Bernstein Park states that his consultant's fee will be
adjusted when construction of the park is complete. The fee is calculated using the Fee Guide
Calculator provided by the State of Florida, Department of Management Services for Architectural
and Engineering Services, based on the complexity of construction. Design additions include
enlarging the community center, adding classrooms, a maintenance center, a cistern system, and
putting LED lighting in the ballfield, all of which contributed to the increase in the complexity of the
redevelopment, as well as an increase in construction costs. The contract for construction was
approved at a significantly higher cost than was anticipated, and the consultant, as well as county
staff, feel an adjustment to the fee is warranted at this time.
PREVIOUS RELEVANT BOCC ACTION: On October 16, 2013, the BOCC approved an
Agreement with William P. Horn Architect, P.A. for the Redevelopment of Bernstein Park on Stock
Island. On June 11, 2014, the BOCC approved a First Amendment to the Agreement increasing the
Architectural /Engineering fee due to the inclusion of the community building to the design of the
redevelopment, and revising language for public records. The fee increase was for $173,102.00,
from $166,443.00 to $339,545.00.
CONTRACT /AGREEMENT CHANGES:
Increase A/E fee
STAFF RECOMMENDATION: Approval as stated above.
DOCUMENTATION:
2nd Amendment
1 st Amendment
Agreement of 10 -16 -13
Insurances
FINANCIAL IMPACT:
Effective Date: 01/18/17
Expiration Date:
Total Dollar Value of Contract: $531,946.00 + $26,000 for FGBC
Total Cost to County: $557,946.00
Current Year Portion: $259,778.22
Budgeted: Yes
Source of Funds: Fund 314
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
Yes
01/18/17 314 -25004 -CULTURE & REC FUND 314 $192,401.00
CC 1603
REVIEWED BY:
Doug Sposito
Completed
12/21/2016 8:51 AM
Patricia Eables
Completed
12/21/2016 11:02 AM
Budget and Finance
Completed
12/23/2016 2:05 PM
Maria Slavik
Completed
12/27/2016 7:36 AM
Kathy Peters
Completed
12/27/2016 1:17 PM
Board of County Commissioners
Completed
01/18/2017 9:00 AM
SECOND AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
for
Monroe County Redevelopment of Bernstein Park
THIS SECOND AMENDMENT (hereinafter "AMENDMENT ") to the AGREEMENT
BETWEEN OWNER AND ARCHITECT/ENGINEER ( "AGREEMENT ") for the
Redevelopment of Bernstein Park, entered into between MONROE COUNTY ( "COUNTY ")
and WILLIAM P. HORN ARCHITECT, P.A. ( "CONSULTANT ") is made and entered into this
day of January, 2017, in order to amend the AGREEMENT, as follows:
WITNESSETH
WHEREAS, on October 16, 2013, the parties entered into an Agreement for Professional
Services for the Redevelopment of Bernstein Park on Stock Island to include the raising of the
field by 18" to 24 ", add new restrooms, sports fields and courts, playground equipment, walking
track, storm water retention system, and removal of a dwelling unit; and
WHEREAS, on April 16, 2014, the Monroe County Board of County Commissioners approved
to include a community building of up to 5,000 sq.ft. to the park redevelopment design; and
WHEREAS, on June 11, 2014, the Monroe County Board of County Commissioners approved a
First Amendment to the Agreement to increase the Consultant's fees due to the significant
increase of cost and complexity of the redevelopment project by the addition of the community
building; and
WHEREAS, the First Amendment adjusted Consultant's fees based on an estimated construction
cost of $4,900,000.00 and using the Fee Guide Calculator provided by the State of Florida,
Department of Management Services for Architectural and Engineering Services Group "D"
Complexity for construction resulting in the Consultant's fee of $339,545.00; and
WHEREAS, on July 31, 2014, Debbie Frederick, as Deputy County Administrator, on behalf of
Roman Gastesi, County Administrator, authorized by Memorandum a lump sum fee of
$26,000.00 to be paid for the additional services required for the design, development, and
certification through the Florida Green Building Coalition of the community building for
inclusion in the park redevelopment design pursuant to a proposal of Trifecta dated July 21,
2014, directed to Consultant; and
1
Redevelopment of Bernstein Park
WHEREAS, in accordance with the original Agreement dated October 16, 2013, Article VIII
paragraph (A), a final adjustment of the Consultant's fee will be made when construction is
complete; and
WHEREAS, the actual contract cost for construction was awarded to the Contractor, Burke
Construction Group, Inc., for $7,921,975.00, which is approximately 61.6% greater than the
estimated cost. A fee adjustment for the Consultant prior to completion of the project is being
considered due to the aforementioned significant increase; now, therefore,
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as
follows:
1. Article VIII Paragraph 8.2.1 (A) shall be revised to read as follows:
An actual construction cost of $7,921,975.00 shall be used for the Fee Guide Calculator
provided by the State of Florida, Department of Management Services for Architectural
and Engineering Services. Group "D" Complexity for Construction that is Average
Complexity shall be used which establishes a percentage of 6.71% of the Construction
Cost resulting in the Consultants fee of $531,946.
This Second Amendment to the Agreement hereby increases Consultant's fee by
$192,401, from $339,545 to $531,946 as itemized below:
a)
Schematic Design
15%
$79,791.90
b)
Design Development Phase
30%
$159,583.80
c)
Construction Documents Phase
35%
$186,181.10
d)
Bidding or Negotiation Phase
5%
$26,597.30
e)
Construction Administration
15%
$79,791.90
1_ 4C.f}
2. Article XV, Paragraph 15.16 shall be revised as follows with the "Consultant"
referred to herein also as "Contractor" for this provision only:
Public Records Compliance. Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of
article I of the Constitution of Florida. The County and Contractor shall allow and
permit reasonable access to, and inspection of, all documents, records, papers, letters
or other "public record" materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the County and
Contractor in conjunction with this contract and related to contract performance. The
County shall have the right to unilaterally cancel this contract upon violation of this
provision by the Contractor. Failure of the Contractor to abide by the terms of this
2
Redevelopment of Bernstein Park
provision shall be deemed a material breach of this contract and the County may
enforce the terms of this provision in the form of a court proceeding and shall, as a
prevailing party, be entitled to reimbursement of all attorney's fees and costs
associated with that proceeding. This provision shall survive any termination or
expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
contractor does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records that
would be required by the County to perform the service. If the Contractor transfers all
public records to the County upon completion of the contract, the Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to the County, upon request from the County's custodian of records, in a
format that is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be
made directly to the County, but if the County does not possess the requested records,
the County shall immediately notify the Contractor of the request, and the Contractor
must provide the records to the County or allow the records to be inspected or copied
within a reasonable time.
If the Contractor does not comply with the County's request for records, the County
shall enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract
upon violation of this provision by the Contractor. A Contractor who fails to provide
the public records to the County or pursuant to a valid public records request within a
reasonable time may be subject to penalties under section 119. 10, Florida Statutes.
3
Redevelopment of Bernstein Park
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose
of any public records unless or otherwise provided in this provision or as otherwise
provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT CONTACT THE
CUSTODIAN OF PUB RECORDS BRIAN BRADLEY AT
PHONE# 305 - 292 -3470 BRADLEY- BRIAN @MONROECOUNTY -
FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1.111 12
Street, SUITE 408, KEY WEST, FL 33040.
All other terms and conditions of this Contract shall comply with the Agreement for
Professional Services dated October 16, 2013, and as amended on June 11, 2014,
which shall be made a part of this contract as if written herein in its entirety.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date stated
above. Execution by the Architect must be by a person with authority to bind the entity.
Attest: KEVIN MADOK, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
M
Date:
(SEAL)
Attest:
Deputy Clerk
Witnesses for Contractor:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
■
Mayor /Chairman
Date:
ARCHITECT
WILLIAM P. HO ARCHITECT, P.A.
By:
Print Name: 9 A&—w
Title
Dente:
MONROE COUNTY ATTORNEY'S OFFICE
jM VERODAST%O
PATRICIA EABLES
ASSISTANT COUNTY ATTORNEY
DATE:
Redevelopment of Bernstein Park
4
STATE OF FLORI A
COUNTY( F
On this , day of 2016, before me, the undersigned notary public, personally
appeared , known to me to be the person whose name is subscribed above, or who
produced qj ,r as ide a aeration, sand acknowledged that he /she is the person who executed
the above SSecont mendme.nt to Agreement with Monroe County for Professional Services for the Redevelopment of
Bernstei Pa k for the purposes therein contained.
A
NOTARY PUBLIC
ANN M. MYTMK
Notary Public • State of Florida
Commission 0 GG 000808
My Commission expires: Eatplras Jul 24, 2020
W i.
Redevelopment of Bernstein Park
FIRST AMENDMENT
TO THE CONSULTANT AGREEMENT FOR
PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
This First Amendment ( "Amendment ") made and entered into this 18 day of January
2017, by and between Monroe County, a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns,
hereinafter referred to as "County ", through the Monroe County Board of County
Commissioners ( "BOCC "),
AND
Bermello Ajamil & Partners, Inc., whose address is 2601 South Bayshore Drive, 10
Floor, Miami, Florida, 33133, its successors and assigns, hereinafter referred to as "Consultant"
or "Contractor ",
WITNESSETH:
WHEREAS, on the 21" day of January 2015, the parties entered into a Consultant Agreement for
Professional Architectural and Engineering Services pursuant to Florida Statute Sec. 287.055 (2)
(g) to provide professional services for miscellaneous projects in which construction costs do not
exceed Two Million and 00 /100 Dollars ($2,000,000.00) or for study activity if the fee for
professional services for each individual study under the contract does not exceed Two Hundred
Thousand and 00 /100 Dollars ($200,000.00); and
WHEREAS, County desires to revise language in its contracts and /or agreements for Public
Records compliance in accordance with Chapter 119 of the Florida Statutes pursuant to
legislative revisions to § 119.0701 which became effective March 8, 2016, and any subsequent
changes thereto; and
WHEREAS, Consultant agrees and consents to such revisions in its Agreement dated January
21, 2015, to ensure Public Records compliance; and
WHEREAS, the parties find it mutually beneficial to amend its Agreement as to the revised
language for Public Records compliance; and
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth
below, the parties agree as follows:
1) Article 9.22, PUBLIC ACCESS, of the Consultant Agreement for Professional
Architectural and Engineering Services dated January 21, 2015, shall be revised as
1
follows with the aforementioned Consultant referred to herein also as "Contractor" for
this provision only:
Public Records Compliance. Contractor must comply with Florida public records laws,
including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of
the Constitution of Florida. The County and Contractor shall allow and permit reasonable
access to, and inspection of, all documents, records, papers, letters or other "public
record" materials in its possession or under its control subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the County and Contractor in
conjunction with this contract and related to contract performance. The County shall
have the right to unilaterally cancel this contract upon violation of this provision by the
Contractor. Failure of the Contractor to abide by the terms of this provision shall be
deemed a material breach of this contract and the County may enforce the terms of this
provision in the form of a court proceeding and shall, as a prevailing party, be entitled to
reimbursement of all attorney's fees and costs associated with that proceeding. This
provision shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is
required to:
(1) Keep and maintain public records that would be required by the County to perform
the service.
(2) Upon receipt from the County's custodian of records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor
does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records that would be
required by the County to perform the service. If the Contractor transfers all public
records to the County upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the County,
upon request from the County's custodian of records, in a format that is compatible with
the information technology systems of the County.
2
(5) A request to inspect or copy public records relating to a County contract must be
made directly to the County, but if the County does not possess the requested records, the
County shall immediately notify the Contractor of the request, and the Contractor must
provide the records to the County or allow the records to be inspected or copied within a
reasonable time.
If the Contractor does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract upon
violation of this provision by the Contractor. A Contractor who fails to provide the public
records to the County or pursuant to a valid public records request within a reasonable
time may be subject to penalties under section 119. 10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of
any public records unless or otherwise provided in this provision or as otherwise
provided by law.
IF THE CONTRACTOR HAS —QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT CONTACT THE C
OF PUBLIC RECORDS BRIAN BRADLEY AT PHONE# 305 -292-
3470 BRADLEY - BRIAN @MONROECOUNTY- FL.GOV MONROE
COUNTY ATTORNEY'S OFFICE 111112 TH Street SUITE 408 KEY
WEST, FL 33040.
2) All other terms and conditions of this Amendment shall remain in accordance with the
Consultant Agreement for Professional Architectural and Engineering Services dated
January 21, 2015.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor /Chairman
(SEAL)
Attest:
Witnesses to Consultant:
Print Name Date
Title:
Title: 1 0 l
CONSULTANT:
BERMELLO AJAMIL & PARTNERS, INC.
4
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTRORtZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE H OLDER.
IMPORTANT: if the cerfil0te holder Is on ADDITIONAL INSURED. the policy(Ies) must be endorsed. If SUBROGATION 18 WMED, siQect to
the terms and conditlons of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate folder In lieu of such endorsement#sl,
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2400 East Commercial Blvd. I
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Fort Lauderdale, FL 33308 INSURS a APPORMINGCOVaRAG
INSURER A: Hartford Casualty Insurance Co.
INSURED Bermello, AJamil &Partners, Inc. INSURED 6: Twin City Fire Insurance Co.
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INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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Certificate holder Is additional Insured with respect to Commercial General Liability, and Commercial
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(See Attached Descriptions) N1A*
Monroe County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
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AGREEMENT FOR
PROFESSIONAL SERVICES
for
Monroe County Redevelopment of Bernstein Park
This Agreement ( "Agreement ") made and entered into this 16` day of October,
2013 by and between Monroe County, a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and
assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of
County Commissioners (`BOCC "), and William P. Horn Architect, P.A., a Corporation
of the State of Florida, whose address is 915 Eaton Street, Key West, Florida, 33040, its
successors and assigns, hereinafter referred to as "CONSULTANT ",
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of
CONSULTANT for the Redevelopment of Bernstein Park on Stock Island, Monroe
County, Florida. The park is subject to flooding both from heavy rain and when tides are
very high, which limits its use. The Redevelopment options shall include raising the
level of the entire field by 18" to 24 ", add new restrooms, baseball field, soccer field,
basketball court, playground equipment, and a walking track; and include a storm water
retention system and removal of the existing dwelling unit. Bernstein Park is
approximately 6 acres in size. Final park uses and features will be clarified and /or
revised by County staff.
WHEREAS, CONSULTANT has agreed to provide professional services which
shall include providing a cost estimate for the redevelopment of the park, and raising the
elevation, and providing all design drawings and bid support service through
Construction Administration services. Consultant's attendance at public meetings
including BOCC and Park and Recreation Board meeting's, may at times be required.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the sufficiency
of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows:
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONSULTANT makes the following express
representations and warranties to the COUNTY:
Redevelopment of Bernstein Park
1.1.1 The CONSULTANT is professionally qualified to act as the CONSULTANT for
the Project and is licensed to provide the designated services by the State of Florida
having jurisdiction over the CONSULTANT and the Project;
1.1.2 The CONSULTANT shall maintain all necessary licenses, permits or other
authorizations necessary to act as CONSULTANT for the Project until the
CONSULTANT'S duties hereunder have been fully satisfied;
1.1.3 The CONSULTANT has become familiar with the Project sites and the local
conditions under which the Work is to be completed.
1.1.4 The CONSULTANT shall prepare all documents required by this Agreement in
such a manner that they shall be accurate, coordinated and adequate for use in the
subsequent implementation phases and shall be in conformity and comply with all
applicable law, codes and regulations. The CONSULTANT warrants that the documents
prepared as a part of this Agreement will be adequate and sufficient to accomplish the
purposes of the Project, therefore, eliminating any additional cost due to missing or
incorrect information;
1.1.5 The CONSULTANT assumes full responsibility to the extent allowed by law with
regards to his performance and those directly under his employ.
1.1.6 The CONSULTANT'S services shall be performed as expeditiously as is
consistent with professional skill and care and the orderly progress of the Project. The
CONSULTANT shall submit, for the COUNTY'S and its representative's information, a
schedule for the performance of the CONSULTANT'S services which may be adjusted
as the Project proceeds if approved by the COUNTY, and shall include allowances for
periods of time required for the COUNTY'S review, and for approval of submission by
authorities having jurisdiction over the Project. Time limits established by this schedule
and approved by the COUNTY may not be exceeded by the CONSULTANT except for
delay caused by events not within the control of the CONSULTANT or foreseeable by
him. The sole remedy for delay shall be an extension of time.
1.1.7 CONSULTANT is an independent contractor under this Agreement. Services
provided by CONSULTANT shall be subject to the supervision of CONSULTANT. In
providing the services, CONSULTANT and its agents shall not be acting and shall not be
deemed as acting as officers, employees, or agents of the COUNTY, nor shall they accrue
any of the rights or benefits of a COUNTY employee.
2.1 DEFINITION
2.1.1 CONSULTANT'S Basic Services consist of those described in Paragraphs 2.2
through 2.8, and other services identified as part of Basic Services, and include normal
consulting services to Redevelop Bernstein Park on Stock Island, and complete the
2
Redevelopment of Bernstein Park
Project. The CONSULTANT shall commence work on the services provided for in this
Agreement promptly after approval of the Monroe County Board of County
Commissioners,
2.1.2 The Design for Construction shall include, but shall not necessarily be limited to,
plans and specifications which describe all systems, elements, details, components,
materials, equipment, and other information necessary for construction. The Design for
Construction shall be accurate, coordinated and in all respects adequate for construction
and shall be in conformity, and comply, with all applicable law, codes, permits, and
regulations. Products, equipment and materials specified for use shall be readily
available unless written authorization to the contrary is given by the County. The
Consultant shall be responsible for designing the Project in accordance with the analysis
and recommendations of the geotechnical information furnished.
2.1.3 Consultant services shall include, but not be limited to: Preparation and
completion of the design program for space requirements and relationships, schematic
design, design development, preparation of contract documents for bids, assist in the
preparation and advertisement for Request for Bids, attendance at the pre -bid conference,
tabulation and review of bids, recommendation of contract awards, cost estimating during
design and document preparation, administration of contact documents, attendance at the
pre - construction meeting, consultation and on -site inspections during construction,
review and recommend approval of contractor invoices, preparation and submittal of
permit applications, zoning applications, a maximum of four public meetings, and two
presentations to the County Commission, and drawings that result from the public
meetings and presentations to Board of County Commissioners.
2.1.4 Consultant shall design any public building on the property in compliance with
the Florida Green Building Standard for County Buildings as required by Resolution 147-
2010.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Consultant 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 Consultant shall review with the County and Department of Project
Management: proposed site use and improvements, required permits, zoning, selection of
materials, building systems and equipment; and method of Project delivery.
2.2.3 The Consultant shall review with the County and the Department of Project
Management alternative approaches to design and construction of the project.
2.2.4 Based on the mutually agreed upon program, schedule and construction budget
requirements, the Consultant shall prepare, for approval by the County, Schematic Design
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Redevelopment of Bernstein Park
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, Department of Project
Management, and Consultant, the Consultant shall provide drawings and other documents
which depict the current status of Schematic Design for the County's review and the
Department of Project Management's information. The Consultant 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 Consultant 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 Department of
Project Management's information.
2.2.7 The Schematic Design must be approved in writing, by the County prior to
Consultant continuing to the Design Development Phase.
1 I 1
2.3.1 The Schematic Design Phase services shall respond to program requirements and
consist of preparation of: Conceptual site and building plans, preliminary sections and
elevations, development of approximate dimensions, areas and volumes, concept sketches
as required to explain the design intent to the 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's written approval.
2.4.1 Based on the approved Schematic Design Documents and any adjustments
authorized by the County in the program, schedule or construction budget, the Consultant
shall prepare Design Development Documents for the Department of Project
Management'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 /civil, landscaping, structural, mechanical, and
electrical systems, materials and such other elements as may be appropriate.
2.4.2 At intervals mutually agreeable to the County, the Department of Project
Management and Consultant, the Consultant shall provide drawings and other documents
which depict the current status of design development for the County's review and the
Department of Project Management's information. The Consultant shall provide an
estimate of anticipated cost in accordance with the design development phase.
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Redevelopment of Bernstein Park
2.5.1 Upon completion of the Design Development Phase, the Consultant shall provide
drawings, outline specifications and other documents for the County's approval and the
Department of Project Management's information. The Consultant shall provide an
estimate of anticipated costs in accordance with the design development phase.
2.5.2 The Design Development Documents must be approved in writing, by the County
prior to Consultant continuing to the 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 for the Project or in the
construction budget, the consultant shall prepare, for approval by the County and Monroe
County Project Management, Construction Documents consisting of Drawings and
Specifications setting forth in detail the requirements for the construction of the project.
2.6.2 The Consultant shall provide Drawings and Specifications for the County's and
the Department of Project Management's review.
2.6.3 Upon completion of the Construction Documents Phase, the Consultant shall
provide Construction Documents for the County's and Monroe County Project
Management Department's approval. Once approved the Consultant shall provide the
County eight (8) complete signed and sealed sets of construction drawings and eight (8)
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 Consultant shall provide an estimate of anticipated costs in accordance
with the construction development phase.
2.6.4 The Consultant shall assist the County and the Monroe County Project
Management Department in the preparation of the necessary bidding information,
bidding forms, the Conditions of the Contract, and the forms of Agreement between the
Owner and the Contractors.
2.6.5 The Consultant's construction documents (plans, specifications, etc.) will
conform to all written codes and regulations of the federal government, county, state,
municipalities, agencies and state departments, in effect at the date of their Agreement,
and shall be of such completion as to receive all permits when applied for. If permits are
denied, then the Architect will conform the construction documents in such manner to
receive permits upon such plans. Work required from the Consultant to conform the
documents to federal, state, city, county, or agency specifications and permit
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Redevelopment of Bernstein Park
requirements to allow them to be approved shall be completed at no charge or cost to the
County.
2.7.1 The Consultant, following the County's approval of the construction Documents
and the Consultant's latest estimate of Construction Cost, shall assist the Monroe County
Project Management Department in obtaining bids or negotiated proposals and assist in
preparing contracts for construction.
2.7.2 The Consultant shall assist the Monroe County Project Management Department
in issuing bidding documents to bidders and conducting pre -bid conferences with
prospective bidders. The Consultant, with the assistance of the Monroe County project
Management Department, shall respond to questions from bidders, and shall issue
addenda.
2.7.3 The Consultant shall attend a pre - construction meeting with the contractor
awarded the contract for construction.
1 1 1 1 1
2.8.1 The Consultant's responsibility to provide Basic Services for the Construction
Phase under this Agreement commences with the award of the Contract for construction
and terminates with the issuance to the County of the final Project Certificate for
Payment including the submission of all project closeout documents by the consultant
and Contractor. The Consultant will administer the county's contract as provided for in
that document. The Consultant agrees to perform a project check prior to the end of
warranty period as a part of the contract. The check shall not exceed one working day
unless additional time is approved by the Owner.
2.8.2 The Consultant shall at all times have access to the Work whenever it is in
preparation or progress.
2.8.3 The Consultant shall, as contemplated herein and in the Construction Contract,
but not otherwise, act on behalf, and be the agent, of the 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 Consultant or Monroe
County Project Management Department.
2.8.4 Upon receipt, the Consultant shall carefully review and examine the Contractor's
Schedule of Values, together with any supporting documentation or data which the
County or the Consultant may require from the contractor. The purpose of such review
and examination shall be to protect the County from an unbalanced Schedule of Values
Redevelopment of Bernstein Park
rel
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 Consultant to the
contrary in writing, the Schedule of Values shall be returned to the Contractor for
revision of supporting documentation or data. After making such examination, if the
Schedule of Values is found to be appropriate as submitted, or if necessary, as revised,
the Consultant shall sign the Schedule of Values thereby indicating its informed belief
that the Schedule of Values constitutes a reasonable, balanced basis for payment of the
Contract Price to the Contractor. The Consultant shall not approve such Schedule of
Values in the absence of such belief unless directed to do so, in writing, by the County.
2.8.5 The Consultant shall have authority, after notification to the Monroe County
Project Management Department to reject Work, which does not conform to the Contract
Documents.
2.8.6 The Consultant shall carefully inspect the work of the Contractor and shall, at a
minimum, inspect work at the Project site once every other week, unless otherwise
needed. The purpose of such inspections shall be to determine the quality and quantity of
the work in comparison with the requirements of the Construction Contract. In making
such inspections, the Consultant shall protect the County from continuing deficient or
defective work, from continuing unexcused delays in the schedule and from overpayment
to the contractor. Following each inspection, the Consultant shall submit a written report
of such inspection, together with any appropriate comments or recommendations to the
County.
2.8.7 The Consultant shall initially approve periodic and final payments owed to the
contractor under the Construction Contract predicated upon inspections of the work and
evaluations of the Contractor's rate of progress in light of the remaining contract time and
shall issue to the County Approvals of Payment in such amounts. By issuing an
Approval of Payment to the County, the Consultant reliably informs the County that the
Consultant has made the inspection of the work required, and that the work for which
payment is approved has reached the quantities or percentages of completion shown, or
both, that the quality of the Contractor's work meets or exceeds the requirements of the
Construction Contract, and that under the terms and conditions of the Construction
Contract, the County is obligated to make payment to the Contractor of the amount
approved.
2.8.8 The issuance of an Application for Payment shall not be a representation that the
Consultant has (1) made exhaustive or continuous on -site inspections to check the quality
or quantity of the work. (2) reviewed construction means, methods, techniques,
sequences or procedures. (3) reviewed copies of requisitions received from
Subcontractors and materials 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.
Redevelopment of Bernstein Park
7
2.8.9 The Consultant shall have authority, after notification to the Monroe County
Department of Project Management, to reject work, which does not conform to the
Contract Documents. Whenever the Consultant considers it necessary or advisable for
implementation of the intent of the Contract Documents the Consultant will have
authority, upon written authorization for 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.
2.8.10 The Consultant shall review and approve or take other appropriate action upon
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for
the limited purpose of checking for conformance with information given and the design
concept expressed in the Contract Documents. The Consultant's action shall be taken
with such reasonable promptness as to cause no delay in the Contractor's work in in
construction by the County's own forces, while allowing sufficient time in the
Consultants professional judgment to permit adequate review. Review of such submittals
is not conducted for the purpose of determining the accuracy and instructions for
installation or performance of equipment or systems designed by the contractors, all of
which remain the responsibility of the contractors to the extend required by the Contract
Documents. The Consultants review shall not constitute approval of safety precautions
or, unless otherwise specifically stated by the Consultant, of construction means,
methods, techniques, sequences, or procedures. The Consultant's approval of a specific
item shall not indicate approval of an assembly of which the item is a component. When
professional certification of performance characteristic of materials, systems or
equipment is required by the Contract Documents, the consultant shall be entitled to rely
upon such certification to establish that the materials, systems or equipment will meet the
performance criteria required by the Contract Documents. Consultant shall take
appropriate action on submittals within 14 calendar days. The Consultant shall maintain
a tracking log for the submittals which shall include but not be limited to; the submittal as
named in the specification, all dates as required for tracking and the status of approval. A
copy of the tracking log will be made available to County when requested.
2.8.11 The Consultant shall review and sign or take other appropriate action on Change
Orders and Construction Change Directives prepared by the Monroe County Project
Management Department for the County's approval and execution in accordance with the
Contract Documents.
2.8.12 The Consultant shall promptly provide appropriate interpretations as necessary for
the proper execution of the work as long as there is no change in Contract price.
2.8.13 The Consultant shall require inspection or re- inspection and testing or retesting of
the work, to include architectural /engineering, structural, mechanical and electrical
engineering portions of the work, in accordance with the provisions of the Construction
Contract whenever appropriate.
2.8.14 The Consultant, assisted by the Monroe County Project Management Department,
shall conduct inspections to determine the dates of Substantial Completion and the date
Redevelopment of Bernstein Park
0
of Final Completion. The Consultant shall submit to the County a list comprised of
incomplete and /or unacceptable items required by the Contract Documents to include
architectural /engineering, structural, mechanical and electrical engineering portions of the
work. The Consultant shall forward to the Department of Project Management
warranties and similar submittals required by the Contract Documents which have been
received for the Contractor. The Consultant shall issue a final Project Application for
Payment upon compliance with the requirements of the contract Documents.
2.8.15 The Consultant shall interpret and decide matters concerning performance of the
Contractor under the requirements of the Contract Documents upon written request.
2.8.16 Interpretations and decisions of the Consultant shall be consistent with the intent
of and reasonably inferable from the Contract Documents and shall be in writing or in the
form of drawings and submitted on proper Construction Change Directives.
2.8.17 The Consultant shall render written decisions within a reasonable time on all
claims, disputes or other matters in question between County and Contractor relating to
the execution or progress of the Work as provided in the Contract Documents.
2.8.18 Duties, responsibilities and limitations of authority of the Consultant shall not be
restricted, modified or extended without written agreement of the County and Consultant.
2.8.19 The Consultant shall be a representative of and shall advise and consult with the
County during construction until final payment to the Contractor is due and as a Basic
Service at the County's direction from time to time during the correction period as
described in the Contract for Construction.
2.8.20 The Consultant 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.
2.8.21 The Consultant shall not have control over or charge of and shall not be
responsible for construction means, methods, techniques, sequences or procedures, or for
safety precautions and programs in connection with the Work, since these are solely the
Contractor's responsibility under the Contract for Construction. The Consultant shall not
be responsible for the Contractor's schedules or failure to carry out the work in
accordance with the contract documents. The Consultant shall not have control over or
charge of acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons performing portions of the work.
2.8.22 The Consultant shall testify in any judicial proceeding concerning the design and
construction of the project when requested in writing by the County, and the Consultant
shall make available to the County and personnel or consultants employed or retained by
the Consultant for the purpose of reviewing, studying, analyzing or investigating any
claims, contentions, allegations, or legal actions relating to, or arising out of, the design
or construction of the project. Testimony will be provided as part of the basic services
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Redevelopment of Bernstein Park
when in defense of claims for actions of the Consultant, unless otherwise prevented by
counsel of the Consultant and which time it would be subject to subpoena. For other
claims against the County the Consultant will do this under an expert witness with
compensation at a rate of $150.00 per hour, or otherwise negotiated.
2.8.23 The Consultant shall make available to the County any personnel or consultant
employed or retained by the Consultant for the purpose of reviewing, studying, analyzing
or investigating any claims, contentions, allegations, or legal actions relating to, or arising
out of, the design or construction of the project.
2.8.24 The Consultant shall review any as -built drawings furnished by the Contractor
and shall certify to the County that same are adequate and complete.
2.8.25 The Consultant shall, without additional compensation, promptly correct any
errors, omissions, deficiencies, or conflicts in the work product of the Consultant or his
consultants, or both.
2.8.26 The Consultant 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 Consultant, its consultants, or both. This added
expense is defined as the difference in cost from that which the Owner would have paid if
the work was included in the bid, and the actual cost presented by the Contractor.
2.8.27 The Consultant is required to attend all scheduled construction progress meetings
3.1 The services described in this Article III are not included in Basic Services. They
shall be paid for by the Board of County Commissioners as an addition to the
compensation paid for the Basic Services but only if approved, in writing, by the County,
and may need approval by the Board of County Commissioners before commencement,
and are as follows:
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
If more extensive representation at the site than is described above is required, the
Consultant shall provide one or more project representatives to assist in carrying out such
additional on -site responsibilities. Consultant shall bill for additional services at the
hourly rates established on Exhibit A.
3.2.2 Consultant's representation beyond four public meetings with the Park and
Recreation Board and two public meetings with the Monroe County Board of County
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Redevelopment of Bernstein Park
Commissioners shall be considered additional service representation beyond basic
services and shall be bill at hourly rates established on Exhibit A.
3.3.1 Providing detailed quantity surveys or inventories of material and equipment.
3.3.2 Providing analysis of owning and operating costs.
3.3.3 Providing interior design and other similar services required for or in connection
with the selection, procurement or installation of furniture, furnishings, and related
equipment.
3.3.4 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.
3.3.5 Providing special surveys, site evaluations or comparative studies of prospective
sites.
3.3.6 Providing special surveys or environmental studies required for approvals of
governmental authorities or others having jurisdiction over the project.
3.3.7 Providing service relative to future facilities, systems and equipment.
3.3.8 Providing detailed estimates of the construction cost (an item by item
enumeration and analysis of all the costs that go to make up the Consultant's final
estimate described above).
3.3.9 Making investigations, inventories of materials or equipment, or valuations and
detailed appraisals of existing facilities.
3.3.10 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
3.3.11 Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted architectural /engineering
practice.
3.3.12 Providing assistance with public agencies such as the South Florida Water
Management District and /or the Army Corps of Engineers, 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.
3.3.13 Florida Green Building Coalition Land Development Certification.
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Redevelopment of Bernstein Park
3.4 CONTINGENT ADDITIONAL SERVICES
3.4.1 Making revisions in Drawings, Specifications or other documents when such
revisions are:
a. Inconsistent with approvals or instructions previously given by the County,
including 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 matter.
3.4.2 Providing services required because of significant changes in the Project
including, but not limited to, size, quality, complexity, the County's schedule, or the
method of bidding or negotiating and contracting for construction.
3.4.3 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.
3.4.4 Providing services in connection with public hearings, beyond the number of
public hearings and meetings described in Basic Services.
ARTICLE IV
OWNER'S RESPONSIBILITIES
4.1 The County shall establish and update an overall budget for the Project based on
consultation with the Consultant, which shall include the Construction Cost, the County's
other costs and reasonable contingencies related to all of these costs.
4.2 The County shall designate the Department of Project Management to act on the
County's behalf with respects to the Project. The County or Department of Project
Management shall render decisions in a timely manner pertaining to documents
submitted by the Consultant in order to avoid unreasonable delay in the orderly and
sequential progress of the Consultant's services.
4.3 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 data
pertaining to existing buildings, other improvements and trees; and information
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Redevelopment of Bernstein Park
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
Consultant. Such tests may include, 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, including 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, including 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 Consultant shall be entitled to rely upon the accuracy and
completeness thereof.
4.7 Prompt written notice shall be given by the County to the Consultant 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 Consultant
or his 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 furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
Consultant's services and work of the contractors.
4.10 The County shall furnish the Consultant copies of written communications.
4.11 The County's review of any documents prepared by the Consultant or his
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 Consultant of responsibility for the accuracy, adequacy,
fitness, suitability or coordination of its work product.
4.12 The County shall furnish 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
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Redevelopment of Bernstein Park
5.1 Contemporaneously with the submission of the Design of Construction, the
Consultant shall submit to the County, in writing, it final estimate of the contractor's
anticipated price for construction of the project. Once submitted, the final anticipated
price estimate shall be adjusted by the Consultant 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 Consultant.
5.3 The Construction Cost shall include the cost at current market rates of labor and
materials furnished by the County and equipment designed, specified, selected or
specially provided for by the Consultant, plus a reasonable allowance for the Contractor's
overhead and profit.
5.4 Construction Cost does not include the compensation of the Consultant and the
Consultants sub- consultants, the costs of land, rights -of -way, financing or other costs
which are the responsibility of the County.
5.5 The Consultant agrees that, should the bid for construction of the project exceed
it's 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
1 1 1 1 1 1
6.1 The CONSULTANT covenants and agrees to indemnify, and hold harmless
Monroe County and Monroe County Board of County Commissioners, officers,
employees, agents and servants from any and all claims for bodily injury, including
death, personal injury, and property damage, including damage to property owned by
Monroe County, and any other losses, damages, and expenses (including attorney's fees)
which arise out of, in connection with, or by reason of services provided by
CONSULTANT or its Subcontractor(s) in any tier, occasioned by the negligence, errors,
or other wrongful act or omission of the CONSULTANT, its Subcontractor(s) in any tier,
their officers, employees, servants and agents.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of Consultant's failure to purchase or maintain the required
insurance, CONSULTANT shall indemnify OWNER from any and all increased
expenses resulting from such delay. Should any claims be asserted against OWNER by
virtue of any deficiency or ambiguity in the plans and specifications provided by the
CONSULTANT, CONSULTANT agrees and warrants that CONSULTANT shall hold
the County harmless and shall indemnify it from all losses occurring thereby and shall
further defend any claim or action on the OWNER'S behalf.
The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is
consideration for the indemnification provided for above.
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Redevelopment of Bernstein Park
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.
The CONSULTANT shall assign only qualified personnel to perform any service
concerning the project. At the time of execution of this Agreement, the parties anticipate
that the following named individuals will perform those functions as indicated:
NAM FUNCTIO
So long as the individuals named above remain actively employed or retained by the
CONSULTANT, they shall perform the functions indicated next to their names. If they
are replaced CONSULTANT shall notify COUNTY of the change immediately All
consulk�ttrts
_Si c ley [.h CO NSULTANT to ref rfon aii_y service collcerniiig tile_
oroiect shall execute the following forms, oa i . teal signed forges ap licensers shall be
delivered to COUNTY prior to lie -girtni g any work on the p roj ect -
Lobbying and Conflict of Interest Clause
Non - Collusion Affidavit
Drug Free Workplace Form
Copies of all professional and occupational licenses shall be submitted
ARTICLE VIII
/ P_ /
• I
8.2.1 For its assumption and performances of the duties, obligations and responsibilities
set forth herein, the Consultant shall be paid monthly, in accordance with the following
schedule:
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Redevelopment of Bernstein Park
(A) The Consultant's fee shall be based on the following criteria:
1.
Schematic Design
15 percent
2.
Design Development Phase
30 percent
3.
Construction Documents Phase
35 percent
4.
Bidding or Negotiation Phase
5 percent
5.
Construction Administration
15 percent
An estimated construction cost of $2,500,000 shall be used for the Fee
Guide Calculator provided by the tae of Florida, Department of
Management Services for Architectural and Engineering Services. Group
"E" Complexity for Construction that is considerably less than average
complexity shall be used which establishes a percentage of 6.67% of the
Construction Cost resulting in the Consultants fee of $166,443.00.
A final adjustment will be made when construction is complete.
(B) If the CONSULTANT'S duties, obligations and responsibilities are
materially changed by amendment to this Agreement after execution of
this Agreement, compensation due to the CONSULTANT shall be
equitably adjusted, either upward or downward.
(C) As a condition precedent for any payment due under this Agreement, the
CONSULTANT shall submit monthly, unless otherwise agreed in writing
by the COUNTY, a proper invoice to COUNTY requesting payment for
services properly rendered and due hereunder. The CONSULTANT'S
invoice shall describe with reasonable particularity the service rendered.
The CONSULTANT'S invoice shall be accompanied by such
documentation or data in support of expenses for which payment is sought
at the COUNTY may require.
(D) The CONSULTANT will be required to submit a detailed FEE
SCHEDULE with each invoice for COUNTY approval.
(E) For the performance of the optional additional services and contingent
additional services described above, provided same are fist authorized in
writing by the County, the Consultant shall be paid hourly at the rates
identified in Exhibit A, or as negotiated.
8.2.2 REIMMURSABLE EXPENSES
Reimbursable expenses include expenses incurred by the Consultant in the
interest of the project:
a. Expense of transportation submitted by Consultant, 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.
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Redevelopment of Bernstein Park
b. Fees paid for securing approval of authorities having jurisdiction over
the project.
c. Reproductions as requested only by the County, beyond eight 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 Consultants branch offices and between the
Consultant and his sub - consultants.
' 1
8.3.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not
obligated to pay, any fees or expenses in excess of the amount budgeted for this contract
in each fiscal year (October 1 - September 30) by COUNTY'S Board of County
Commissioners. The budgeted amount may only be modified by an affirmative act of the
COUNTY'S Board of County Commissioners.
8.3.2 The COUNTY'S performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Board of County Commissioners and the
approval of the Board members at the time of contract initiation and its duration.
ARTICLE IX
INSURANCE
9.1 The CONSULTANT 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 CONSULTANT'S
failure to purchase or maintain the required insurance, the CONSULTANT shall
indemnify the COUNTY from any and all increased expenses resulting from such delay.
9.2 The coverage provided herein shall be provided by an insurer with an A.M. Best
Rating of VI or better, that is licensed to do business in the State of Florida and that has
an agent for service of process within the State of Florida. The insurance certificate shall
contain an endorsement providing thirty (30) days notice to the COUNTY prior to any
cancellation of said coverage. Said coverage shall be written by an insurer acceptable to
the COUNTY and shall be in a form acceptable to the COUNTY.
9.3 CONSULTANT 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 Five Hundred Thousand Dollars
($500,000) per Accident, Five Hundred Thousand Dollars ($500,000)
Disease, policy limits, Five Hundred Thousand Dollars ($500,000) Disease
each employee.
17
Redevelopment of Bernstein Park
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 Three Hundred
Thousand Dollars ($300,000.00) combined single limit or Three Hundred
Thousand Dollars ($300,000.00) per occurrence and Two Hundred Thousand
Dollars ($200,000.00) per person and Two Hundred Thousand Dollars
($200,000.00) Property Damage.
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 CONSULTANT or any of its employees, agents or
subcontractors or subconsultants, including Premises and/or Operations,
Independent Contractors; Three Hundred Thousand Dollars ($300,000.00) per
Person and Two Hundred Thousand Dollars ($200,000.00) Property Damage
and Five Hundred Thousand Dollars ($500,000.00) per occurrence, or a
Contractual Liability Endorsement with Five Hundred Thousand Dollars
($500,000) combined single Limit.
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, CONSULTANT shall
maintain coverage or purchase a "tail" to cover claims made after completion
of the project to cover the statutory time limits in Chapter 95 of the Florida
Statutes.
F. Architectural Errors and Omissions Insurance of Five Hundred Thousand
Dollars per occurrence ($500,000.00), or One Million Dollars ($1,000,000.00)
Aggregate.
G. COUNTY shall be named as an additional insured with respect to
CONSULTANT'S liabilities hereunder in insurance coverage identified in
Paragraphs C and D.
H. CONSULTANT shall require its subconsultants to be adequately insured at
least to the limits prescribed above, and to any increased limits of
CONSULTANT if so required by COUNTY during the term of this
Agreement. COUNTY will not pay for increased limits of insurance for
subconsultants.
I. CONSULTANT shall provide to the COUNTY certificates of insurance or a
copy of all insurance policies including those naming the COUNTY as an
additional insured by Section 12.1.3 including any subsection thereunder. The
COUNTY reserves the right to require a certified copy of such policies upon
request.
18
Redevelopment of Bernstein Park
1 NEW
OWNERSHIP OF THE PRELIMINARY DESIGN AND THE DESIGN
FOR CONSTRUCTION
10.1.1 The Drawings, Specifications and other documents prepared by the Consultant for
this project are instruments of the Consultant's service for use solely with respect to this
project. The Consultant shall be deemed the author of these documents and shall retain
all common law, statutory and other reserved rights. Consultant's Drawings,
Specifications and other documents shall not be used by the County or others on other
projects, except by agreement in writing. The Consultant's Drawings and Specifications,
and other documents, may be used for completion of this project by others.
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 Consultant's reserved rights.
10.1.3 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.
10.1.4 The County may utilize the construction documents, As -Built documents, etc. as
required for reference on any necessary future work on the site.
ARTICLE
SUCCESSSORS AND ASSIGNS
11.1 The CONSULTANT shall not assign its right hereunder, except its right to
payment, nor shall it delegate any of its duties hereunder without the written consent of
the COUNTY. Subject to the provisions of the immediately preceding sentence, each
party hereto binds itself, its successors, assigns and legal representatives to the other and
to the successors, assigns and legal representatives of such other party.
ARTICLE XII
NO THIRD 'ABENEFICIARIES
12.1 Nothing contained herein shall create any relationship, contractual or otherwise,
with or any rights in favor of, any third party.
1
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 set forth herein. Termination expenses shall include all usual
19
Redevelopment of Bernstein Park
expenses until date of termination and any additional services required in order to stop
performance of services, subject to County audit for verification. Consultant 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 Bard of County Commissioners and the
approval of the Board members at the time of contract initiation and its duration.
It 4 DMI I!
14.1 This contract consists of this Agreement, the CONSULTANT'S response to the
Rccl nest fou° ualilicatior s for tlrc Rcdevclo ua cnt of Bernstein Park our Stock Island,
Mon 7e County, f1orida the documents referred to in the Agreement as a part of this
Agreement, and attachments. In the event of any conflict between any of the contract
documents, the one imposing the greater burden on the CONSULTANT will control.
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a proposal on contracts to provide any
goods or services to a public entity, may not submit a proposal on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
proposals on leases of real property to public entity, may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of this
Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida
Statutes). Violation of this section shall result in termination of this Agreement and
recovery of all monies paid hereto, and may result in debarment from COUNTY'S
competitive procurement activities.
In addition to the foregoing, CONSULTANT further represents that there has been no
determination, based on an audit, that it or any subconsultant has committed an act
defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not
been formally charged with committing an act defined as a "public entity crime"
regardless of the amount of money involved or whether CONUSULTANT has been
placed on the convicted vendor list.
20
Redevelopment of Bernstein Park
CONSULTANT will promptly notify the COUNTY if it or any subcontractor or
subconsultant is formally charged with an act defined as a "public entity crime" or
has been placed on the convicted vendor list.
ARTICLE XV
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.
CONSULTANT 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 its
authorized representatives shall have reasonable and timely access to such records of
each other party to this Agreement for public records purposes during the term of the
Agreement and for four years following the termination of this Agreement. If an auditor
employed by the OWNER or County Clerk determines that monies paid to
CONSULTANT pursuant to this Agreement were spent for purposes not authorized by
this Agreement, the CONSULTANT shall repay the monies together with interest
calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the
monies were paid by the COUNTY.
N 104 19 U . ON I N
This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida applicable to contracts made and to be performed entirely in the
State. In the event that any cause of action or administrative proceeding is instituted for
the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT
agree that venue shall lie in Monroe County, Florida, in the appropriate court or before
the appropriate administrative body, The Parties waive their rights to a trial by jury. The
COUNTY and CONSULTANT agree that, in the event of conflicting interpretations of
the terms or a term of this Agreement by or between any of the parties, the issue shall be
submitted to mediation prior to the institution of any other administrative or legal
proceeding.
21
Redevelopment of Bernstein Park
If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any
extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The COUNTY and
CONSULTANT agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
The COUNTY and CONSULTANT agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees and court costs, as an award against the non - prevailing party,
and shall include reasonable 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. The OWNER and
CONS ULTANT agree that nothing in this Agrees eat, obligates them to Arbitratiopa and
tfur y agree to Medation of tlisites instead of Arbitration.
r � 1
The terms, covenants, conditions, and provisions of this Agreement shall bind and
inure to the benefit of the COUNTY and CONSULTANT and their respective legal
representatives, successors, and assigns.
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.
15.8 CLAIMS FOR FEDERAL OR STATE AID
N /A.
15.9 ADJU OF DISPUTES OR DISAGREEMENTS
OWNER and CONSULTANT agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each of
the parties. If no resolution can be agreed upon within 15 days after the first meet and
confer session, the issue or issues shall be discussed at a public meeting of the Board of
zz
Redevelopment of Bernstein Park
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.
In the event any administrative or legal proceeding is instituted against either
party relating to the formation, execution, performance, or breach of this Agreement,
OWNER and CONSULTANT agree to participate, to the extent required by the other
party, in all proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement.
COUNTY and CONSULTANT specifically agree that no party to this Agreement shall
be required to enter into any arbitration proceedings related to this Agreement.
CONSULTANT and OWNER 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. CONSULTANT or OWNER agrees to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These
include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352)
which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of
the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685 - 1686),
which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended,
relating to confidentiality of alcohol and drug abuse 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 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13,
Article VI, which prohibits discrimination on the basis of race, color, sex, religion,
national origin, ancestry, sexual orientation, gender identity or expression, familial status
or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which
may apply to the parties to, or the subject matter of, this Agreement.
I I I
23
Redevelopment of Bernstein Park
CONSULTANT and OWNER covenant that neither presently has any interest,
and shall not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
1 1
OWNER 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.
The CONSULTANT and OWNER warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee working
solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay
any person, company, corporation, individual, or firm, other than a bona fide employee
working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach
or violation of the provision, the CONSULTANT agrees that the COUNTY 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.
The CONSULTANT and OWNER shall allow and permit reasonable access to,
and inspection of, all documents, papers, letters or other materials in its possession or
under its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the CONSULTANT and OWNER in connection with this Agreement; and
the OWNER shall have the right to unilaterally cancel this Agreement upon violation of
this provision by CONSULTANT.
1 1
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation
of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any
commercial liability insurance coverage, self - insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent
of liability coverage, nor shall any contract entered into by the COUNTY be required to
contain any provision for waiver.
24
Redevelopment of Bernstein Park
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.
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.
IMMIff I 1 '•
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 CONSULTANT and
the OWNER agree that neither the CONSULTANT nor the OWNER 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.
CONSULTANT agrees to execute such documents as OWNER may reasonably
require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free
Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the
execution of a truth in negotiation certificate stating that wage rates and other factual unit
costs supporting the compensation pursuant to the Agreement are accurate, complete, and
current at the time of contracting. The original contract price and any additions thereto
shall be adjusted to exclude any significant sums by which the agency determines the
contract price was increased due to inaccurate, incomplete, or concurrent wage rates and
other factual unit costs. All such adjustments must be made within one year following the
end of the Agreement.
25
Redevelopment of Bernstein Park
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.
This Agreement may be executed in any number of counterparts, each of which
shall be regarded as an original, all of which taken together shall constitute one and the
same instrument and any of the parties hereto may execute this Agreement by signing any
such counterpart.
S WHEREOF, each party has caused this Agreement to be executed by its
ed representative on the day and year first above written.
eputy
BOARD OF COUNTY COMISSIONERS
OF MON ,, E COU: TY, FLO DA
By:
7-
(Seal)
Attest:
Date: o 0
MONROE COUNTY ATTORNEY'
AP - OVED AS TO VORM
W. CASSEL
ATTORNEY
Date ....._., ..... .,. __m
26
Redevelopment of Bernstein Park
SECTION FOUR
COUNTY FORM
H 9 � Uld j —malml V � kars
RESPOND TO: MONROE COUNTY BOARD OF C Y COMMISSIO't
c/o PURCHASING DEPARTME NT
GATO BUILDING, ROOM 2-213
1100 SIMONTON STREET
KEY W' + RIDA 33040
I have included:
"ill" PT
wl - m l a i'wl
above a 11
M�iling Address:
Tele hone:
p
32
REQUE ST FOR QUA.1 1FICATIONS FOR TH E PEDEVERLOPMENT OF BERNSTEW PARK.,
STOCK ISIANID, �VIONRUE COUNTY, FLORJ)DA
LOBBYING AN'#) CONFLICT OF INTEREST CLAUSE
SWORN STATEME NT UNDER OR )INN NCE NO. 010-1990
MONRWE COUNTY, FLORIDA
ETHICS CLAUSE
J
rARY PUBLIC
commission ex'R 1 �ry S,
ts JO BENNETT
Commission # EE 097995
Expires May 26 2015
33
RISQUEST FOR QUA—T tFICATIUMS FOR Tl-f' RIEDEVELOPMENT OF BEMSTELY Pere,,
STOCK, ISLA—NfD, P,40 COM FLORIDA
NON-COLLUSION AFFIDAVIT
OfthC City O
according to law on my oath, and under penalty of perjury, depose and say that:
1. 1 am
of the firm of
the bidder making the Proposal for the project described in the Request for
Qualificadimis for:
I Of
offliumm
LA
1qdT'XRY PUBLIC
C r 1 0 , J� 'mossion
Expws may
7 my F, 35
'QUEST FOR QUALIFICATIONS FOR THE REDBVI Tffi�,_qr
RE
m
STOCK. ISLAND, MONROE COUNlY, FLORIDA
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies
that:
(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 maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the Cement, I certify that this firm complies fully with
the above requirements.
Respondent's Signature
-9 //3
34
REQUEST FOR QUALIFICATIONS FOR TBE REDEVELOPMENT OF BERNSTEIN PARK,
STOCK ISLAND, O COUNTY, FLORIDA
PUBLIC ENTHY CRIME SIAMMENY
Sivatur9
Date:
36
REQUEST FOR QUALIFICATIO79S FOR TIM REDEVELOPIVJT.. OF BERNSTEW PARK,
STOCK ISLAND, MO E COU' FLOI),,I,',-,f,)A
AGEIU!�j��r4l Mg,
Liability policies are —Z-Occurronce
Pflnt
L-Ab
RE5EO Wr$
�LQC
L"Mmmumm
, P 9*— L Z a
Respondent
p( k , '-�j (I -oos ncA 6Lie, 61coike
Co n -� e 1 4 P,,, f) t ,
t) Y\
C)
48
IM�QUF-ST FOI,t QUAIMICATIONS ]FOR THE REDEVELOPMENT OF BERNSTPHN PARK,
STOCKISLAND, MONROB COUNTY, PURIM
Business Name: WILLIAM P HORN ARCHITECT
Owner Name: WILLIAM P HORN
Mailing Addres!�:
915 EATON ST
KEY WEST, FL 33040
915 EATON ST
KEY WES FL 33040
Plione: 305-296 8302
J.',u,s'kaess Type: PROFESSIONAL (PRO FES"' ARC[-i]TE(,
Tax in
Amo
I Transfer Fee' 1- �
S u b - Total
penalt y
ColleclJon Cost
Total Paid
30A0
OaO 30.00
0
0,00
0.00
30.00
THIS BECOMES A TAX RECEIPT Danise D. Hear iquez, CFC, Tax Collector THIS IS ONLY A TAX.
WHEN VALIDATED PO By 1129, Key West, FL 33041 YOU MUST MEET ALL
COUNTY AND/OR
MUNICIPALITY PLANNING
AND ZONING REQUIREMENTS.
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13)oord of I'Iro('essionc Engiricters
AtXeSts dicit
Paul Raphael Semnies, P.E,
'I's hconsed (Is o Engilleer tonde ! r Chapter 471, I-Iorida Stottires
2128/2015 RE Lic, No,
A - uditr No. 228201509622 4 4 1337
State of Florl , --da
Boord of
fly o� ioncil En'gineers
Attests that
State
Fl((-,ri
State of Florl , --da
Boord of
fly o� ioncil En'gineers
Attests that
r�� �
MITCHELL PLANNING & DESIGN, I
Jilt r�
Document Number
PIOOOOO15794
FEI JEIN Number
271
Date Filed
02 /19/201 0
State
L
Status
AC TIV E
15450 103RD PL
OCKLAWAHA, FL 3217
r�� �
- 01
Dqparftrient i rl S eel s
I certify from the records of this office that LANDWISE DESIGNi, INC is a
corporation organized under the laws of the State of Florida, filed on August 2,
2004, effi�ctive july 30, 2004
I fbaher certify that said corporation has paid all fees due this office through
December 31, 2013, that its most recent annual reportJuniform business report
was filed on April 11, 2013, and its status is active.
Given ander may harud mnd the
64 Seal of the State qj'Moriela
at Tallahassee, the Capital, this is
the Eleveulh day (#*. 2013
To authenticate this certifleatevisit the followilmg site,enter this
ID, and then follow the instructions displayed.
STATE OF FLORMil
!D IP (,l j ,j
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SC, x1l, . ... .
nu im
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KEN LAWSON
DISP AS BY I-AkAf SECRETARY
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EXHIBIT "A"
Nq/V(,J.,J P. HORN A.1 ITECT, P.A.
f icense No AA 000
To- David R. Dill
Director of Project Nfinagement
Monroe Coutity
MITI
01110111 , ; I
List of Subcontractors
OL[r standard hoot - ly rates are as follows:
Axchitect-.
Principal Architect
$2225.00/hr
Architect
$150.00/ hr
YnLern Al chilect
$125-00/1u
Draftspex.son
$95A /hr
Stmetural Engdneer:
Strae-wral Engineer
$150.00/1
MEP Enghieer
PHONE: 305-296-8302 FAXi 305-296-103
Draf,'tiiig
$85.00/lir
Landscape �Vchitect:
Landscape Architect
$150,00/hr
Landscape Designer
$100,00/hr
Planner-,
Principal Planner
$150.001br
Sustainability Consultant:
Principal
$180.00/lir
Sr. Project Manager
$125.00/hr
Project Manager .
$95.00/hr
Re h Ass-ociaw
$75.00/hr
Office Mat iager
$45.00/lu
Please call if yoti have any questions. We are looking forward to working
with you,
Sincerely
!-/60RN ARCIRT'I",CY, P,,A�
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William P. Horn, Architect, PA.
915 Eaton Street
Key West, FL 33040
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The Fullers, Inc 3011-292-4641
1432 Kennedy Drive
Key West. 1R 39040
Norman Fuller
INSURED William Horn
151 Key Haven Rd.
Key West, FL 33040
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Key West, FL 33"0
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SHOULD ANY OF THE ABOVE DESCRIBED POUCIEe SE CANCELLED BEFORE
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ACCORDANCE WITH THE POLICY .
AUTRORMED ROMI
Norman Fuller
ACORD 25 (2009109) The ACORD name and boo are m9islamd =
CORPORATION. M rights