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Item C42M Meeting Date: May 21, 2014 Division: — Public Works/En&eering Bulk Item: Yes X No Department: Project Management AGENDA ITEM WORDING: Approval of a Contract with William P. Horn Architect, P.A. for Design through Construction Administration services for a new Crawl Key Fire Training Facility. ITEM BACKGROUND: Shower facilities were originally designed by William P. Horn Architect to add ' the small fire training facility located on Crawl Key. Since then, the need for a building with garage ba classrooms, offices, and showers became evident. The new contract with Mr. Hom replaces the old which now null and void. I] PREVIOUS RELEVANT BOCC ACTION: On October 19, 2011, the BOCC approved a Contract for Professional Services with William P. Hom Architect P.A., for Restroom and Shower Facilities at the Crawl Key Fire Training site. On May 16, 2012, the BOCC approved to reject all proposals received for the R-ustoviin alat Mliinc-zi &K him 9X.Tcz&,R-. f&2 the project. On December 16, 2009 the BOCC approved a Continuing Contract with William P. Hom Architect, P.A. for Architectural/Engineering services for projects in which construction costs do not exceed vi-101"t -stuiy-= e ft-r pt&ssitrraf-serrioes-f exczcf $200,000.00. On November 20, 2013 the BOCC approved the first of two one-year renewals of the Continuing Contract. CONTRACT/AGREEMENT CHANGES: Contract with William P. Hom Architect, P.A. dated May 21, 2014 includes a much larger and complicated design than the contract dated October 19, 2011. 1 6 1 1 1' 19 1 topil 11) 101 01PUZA COST TO COUNTY: N/A UL=11) Do SOURCE OF FUNDS: Fund 3c-*/ 01�ul �Q_' �11 APPROVED BY: County Atty 1'0 OVB/PurAIng _ Risk Management DC UMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # PM6 CONTRACT ContractWilliam P. Horn contract Effective05/21/14 Expiration Date: Contract Purpose/Description: DesignthroughCons t►1 Administration 1a Cmwl Key Fire Tmuung Facility (Nam)(Department/Stop Total Dollar Value of 1 r 01 Cur=t tPortion: 50.000.00 Budgeted? t4i.1-ti ��I. �i ■ Account r i + / �.. Grant: County w ADDITIONAL Estimated Ongoing Costs: $___/yr Fw. (Nat included in dolhr valve above) {eg. M612W=oe. utilittics,iaaimrial, AabA , etc. ChangesDue Out Due In Neededf Division Director Yes[] No CountyAttomey jNL2204YesF-1 r � Comments: PnM Raviftwd *)n7JA 1 MVP iM CONTRACTFOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT/ENGINFER Crawl Key Fire Training Facility THIS CONTRACT made as of the 2 1 st day of May, 2014 FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECUENGINEER (the "Contract" or "Agreement") is made and entered into by MONROE COUNTY, BOARD OF COUNTY COMMISSIONERS ("Owner" or "County"), a political subdivision of the State of Florida, whose address is I 100 Simonton Street, Key West, Florida 33040, its successors &4-=ig171M1bLm*ttiNb UhwiTtTHM*m-nir!p William P. Horn, Architect, P.A., the ( "Architect"), whose address is 915 Eaton Street, Key West, Florida, its successors and assigns. WITNESSETfi WHEREAS, on the l6t" day of December 2009, the parties entered into a Continuing Contract for projects in which the estimated construction costs of each individual project under the contract does not exceed Two Million Dollars ($2,000,000.00), or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand Dollars ($200,000.00); and WHEREAS, on the 201h day of November 2013, the parties entered into a First ijeAlimg the Wniiniini -vear WWW - - 6intract for the first of two one 9. r. d 6 LU R W-MM 0 - EM111111F4111 Ilmnil 1401AR �� WHERE, AS, on October 19, 2011 the parties entered into a Contract for Professional Services at the Crawl Key Fire Training Facility to include a 700 s.f one story prefabricated building. All construction proposals received exceeded the budget appropriation; and WHEREAS, a new budget and plans for a one story building for the Crawl Key Fire Station facility is proposed that will include two covered but open garage bays, a training classroom, two offices, and a storage building; now therefore IN CONSIDERATION of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which hereby acknowledged, the Owner and Architect agree: This Contract for Professional Services for the Crawl Key Fire Training Facility supersedes the Contract dated October 19, 2011; and the Contract of October 19, 2011 is now null and void. I � Ittell slew 01 5-M tffil �$ �# RN The project consists of a new 4,625 square foot one story building that will include two covered but open garage bays, a training classroom, two offices, storage room and two restrooms with showers, lockers, and changing areas. The building will have to be raised 5 feet for flood and a ramp and two stairs will be added on the outside for access. SCHEMATIC DESIGN PHASE: Design the building and location on the site. Create a site plan, design floor plan, and elevations). DESIGN DEVELOPMENT PHASE: Develop the design, including building sections, structure, and MEP systems. I I [ Ifilm 111 21-W �16 .1 � Develop construction drawings and specifications for obtaining a building permit and for construction. BIDDING PHASE: [11000-9 PAR IN � I ii, 130 119 "ZI 0 FN101 0 11413-411111-FEN" Complete construction administration including shop drawing reviews, questions & clarifications from contractor, site visits (every other week) or as required, and final punch list. 1 01 HE =-IM WnMM 10f ^i1U111LCULU17U1 ant F-11g111CC1-111?; 3CFV1CCSTTaN u tv WeterinlnC L11C total tee or $126,393.00 based on an estimated construction cost of $1,684,650.00 with average complexity. The fee breakdown is as follows: Schematic Design — 15% $18,958.95 Design Development — 30% 37,917.90 Construction Documents — 35% 44,237.55 Bidding — 5% 6,319.65 Construction Administration — 15% ,18958.95 Total $126,393.00 En known, and in accordance to the State of Florida, Department of Manageme Services. 'i ! 1111111M 11 "IN L419MMATUrelm FGBC Certificate Services — Not to Exceed $20,00 0 Includes application fee to FGBC $2,500.00 County Planning or Approval Hourly Rates A Core Requirements Hourly Rates K�� 111�11111yjq I N Iiiii !!I I I i 11111 1111iiii 111 1111 1 6. HOURLY RATES: Principal Architect $225.00 Architect $150.00 Intern Architect $125.00 Draftsperson $95.00 Structural Engineer $150.00 M.E.P. Engineer $150.00 M.E.P. Drafting $75.00 Principal Civil Engineer $150.00 Senior Civil Engineer $120.00 Civil Engineer $100.00 Civil Drafting $85.00 Landscape Architect $150.00 Landscape Designer $100.00 Principal Planner $150.00 Principal Sustainability Consultant $180.00 Sr. Project Manager Sustainability $125.00 Project Manager Sustainability $95.00 Research Associate-Sustainability $75.00 Office Manager Sustainability $45.00 time, PIJ VVIL11 "11 public records laws of the State of Florida, including but not limited to: (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in order to perform the service. (b) Provide the public with access to public records on the terms and conditions that Monroe Countp would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. (c) Ensure that public records that • exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the contractor upon termination of the contract and destroy any duplicate • records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a forinat that is compatible with the information technology systems of Monroe County. Z� 8. All other terms and conditions of this Contract shall comply with the Continuing Contract dated December 16, 21009, and its renewed on November 20. 2013, which shall be made a part of this contract as if written herein in its entirety. N/1 INUSS R/I HEREOF, each party caused this Agreement to be executed by its duty authorized representative on the day and year first above written, (AFAL) Attest: AMY 11EAVILIN, CPA, Clcrk Im Witnesses for Witness L Print Name: Date, Print Name - Date: BOARD OF COUNTY COPIAMISSIONFRS OF NIONROE COUNTY, FLORIDA M3 Mayor/Chairman RC 111 FF(1. William PAlom, P A 11y: ido, )k 1,0RIDA 20141, before ree, the undersigned notary ) --son whose known to are Ve the puz to h d: Und Us identification, ACknk)VV1edgCd thra he/ it tire per'ron, who cxcculed the shove Contract with Mnnroe County llrot'vssi o al , erAces for 0 Mr t he Crawl Key Fire 1'raining Fa6liq For the purpo,,ei thereill MO ROE COUNTY ATTORNEY 0 � PR VEL D AS TQ F T :o z14 NATI L GENEW A SSEL SSISTANT COUNTY ATTORNEY psge 4 of 4 TMI3 UERTTFICATE 18 ILSUED A$ A MATTER OF INFORMATION OUL CERTIFICATE DOES NOT AFFIRIIEATIVE#`Y OR NEGATIVELY AMEND BELOW- THIS CI!RTIFICATR OF 1ft8W7ANCIE DOi$ NOT CONSTITU REPAtIIBENTIITM ORPRODUCI@R AND 1'HE CERTIFICATE HOLDER IMPORTANT: It 11% C@Mflcafn haldrr Is an ADOMONAL TN3uRBD, dw termsHo and condition of the pollay, OwWn policies may require an I carttfloafa Ilolln Ifeu ct such andon amends). PRODUCER The l Inc U32 Kenn** Dow Kay Wm*. FL 33040 Norman Fuller 10MRza VAIIMM II Mom 915 Eaton St. Key t;, FL 33040 OP ID., NF 09120//3 Y AND COK"Ma NO RIGHT'S UPON THE CERTIFICATE HOLDER. THIS EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES TE A CONTRACT BETWEEN THE IS,SUINQ INSUREAft AUTHQRLZED PolicYthol andonssd. II'SUBM02ATION 18 WAIVED, subtect to ndorswent A @resonant on this don riot dwft to the X ILCT Wiff HORNW 1 rlN M A: First Community Irmuninc/ Co. 139" N MIRERN: RC• IIpR1REll o : ' HIGUMIt s I ■L THIS 1B TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PEMD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONOITlON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH IS CERTIFICATE MAY BE *SUED OR MAY PERTAN, THE INSURANCE AFFORDED BY THE POUCIEB DESCRIBEn HEREIN 19 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY KkVE BEEN REDUCED BY PAID CLAIMS. 7YPi OF 014111RMICe OWN U LWIra sAca veCcc ; I.M.01301 COM MERCLAL L ENRA . LIAgIUTY x 020004111,1129931109 09121113 i 50,004 ij CL*A4S-MAM OCCUR MED E]IP one x B W1RNM bra i 61 Pa= AL SA1YV wURY I WNERALAGOREDATE S �.tiTfa, (EN'LAC(MOATELIMITAPPL1ESPER: PROCUCTS-CONPIDPAGC I X1 POLICY El LOC AUTDMN"LUWLMt ^1COMBINED SMILE Lur iE+axJd�+4 AWAUTO s AP BODILY INJURY ALL OVWM AUTOS aoolLrI�uRYIP.•.�e�. sG QA AUTOS i WAlV N q PROP HI I� �add�Ml i N `S6 i s U=ASOCCUR EACHOCCURRENCE i CLAIM84"DE AGGREGATE i i UICIIIXSl1aCONti11RAY1C11 aTATi1• f7[II- AMD E!11060fF Lj^@Lny YtN EL-EACHACCIDgHT i � 9R�tCUT� MIA E.L DISFA!E-EJL04P 1 y MOOFft E:L OWASE.POU LaAIT i N DESCRIrMN O )NS1VOWLEG ~AC0R010%AddN0rA1Rwwfte,Mm0, qIT arahitoct CERTIFICATE HOLDER CANCELLATION MONRCON SHOULD ANY OF THE ABOVE DESMBSD POLICIES E CANCELLED 4n VO{In Of L'Ltn E EXPIRATION DATENOTICE WILL L RED I ACCORDANCE VATH TH CommissionersE LILY PROVISIONS. I IGO SimontonAU 140PMM 9Ve60IT Key t„ FL 33040 Norman Fullar .IA .1 i . I .. .� I . 1• • R25 ,i ' 1 r- -p�� DATE (MNUDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 105/29113 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 ALTERTHE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSUR ANCrE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSU R{S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(i ) must be endorsed. If SUBROGATION 13 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such en ore en s . PRODUCER 305-294-6677 The Fullers, Inc 5-2 2-46 1 1432 en rive Key West L 33040 Norman Fuller ON99f PRONE Melt No EMAIL PDDDUC& e ' "'HORNWII INSURE S AFFORDING COVERAGE "of INSURED William Horn 161 Key Haven Rd. Key West, FL 33040 INSURER A! PrOgrOSSIVO INSURER e: INSURER C INSURER D INSURER E : tNSUR R F COVERAGES CERTIFICATE NUMBER: REVISION! NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE I POLICY NUMBER MMlaC EFF MMFD POLICY FOP ITS GENERAL LIABILITY COMMERCIAL t3ENERALLIABILITY CLAIMS•MADti �OCCllR F�I]R V _ GFME A �V R NJ_ .d EACH OCCURRENCE $ PREMISE Ea ace $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY El PRO LOC PRODUCTS -COMPIOPAGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X 215831 a 29113 05129114 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per n) $ BODILY INJURY {Per 'deal} $ X PROPERTY DAMAGE (Per accident) $ X X UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ _�J DEDUCTIBLE RETENTION $ Is WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? iMandatory In NH) tf yyes describe under DESCRIPTION OF OPERATIONS below N I A WC STATU- I OTH- 1Q _ER E.L. EACH ACCIDENT It E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES {Attach ACORD 101, Additional Remarks Schedule, It more space Is required) 2012NIssan Frontier S PU lN6ADOERBCC464279 rr-RTIFICATF Hot nFR CANCFI.LATION y - ti r "DE SHOULD ANY OF THE ABOVE g;RIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County THE EXPIRATION a- slF, NOTICE WILL BE DELIVERED IN ACCORDANCE MTH T E POLICY P ROVISIONS. 14Simonton Street Key West, FL 33040 Norman Fuller @) 1988.2DOP Ai; RD CORPORATION. All rights reserved. CO D 25 (0 910) The A O D name and logo are registered marks of I D op Win CERTIFICATE OF LIABILITY INSURANCE I 01/02R4 -gotag 11 dim mli IS HE H i7i'ar"I , W-42 4 -'m IRMO I A"I'll "Mm AM --gum: 25 42,04 mi 42,1011 Ali xx lay Air. T EMS m i I I VAIII AM P Horm AMhMoct PA usum A: Floods Radial FedwaSon all "am 915 Eaton At FL 33" CERTIMATE NUMN REVISION NUMM THIS 18 TO CERTWY THAT THE PGUCIES OF INSURANCE LISTED BELOW HAVE BEEN 158UEO TO THE VISURED NAMED ABaA FOR THE POLICY PEAKYD INDICATEM NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONOITtON OF ANY CONTRACT OR 04THER DOCUMENT WITH RESPECT TO WHICH THIS CERTW"TE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE! AFFORDED BY THE POLICIES DESCRIBED HERM M SUBJECT TO ALL THE TERMS, EXCLUSION@ AND CONDITIONS OF SUCH POLICIES. UM nS SHOWN MAY HAVE BEEN REDUCED By PAD CLAIMS. TMOPHAKINAIRM sum W—UMM Alworm, Lem GENIPAL INME TY COMMERCIAL GENERAL LABILITY CLAIAMMAIS! 1:1 OCCUR SAM OCCURRENCE a a NEDEAF&Vamown) I PERWK4L.SWV1WJW 8 GEMORM, AGORICATH 5 WPM AGGREGA" UMrr APPLES Flat 7 So," F-1 r= F1 Loa FROMM-COMPOOP AM 9 9 AUTOODBULL#MUTY AWAM ALL OWNED AMOS SC LED M909 HMAGAUT04 comimo SIMME LAW BODLYKAMTRwaxwwo 3 FROPERWORMAGE a II "emu" QCCUR a" OCCUMVINCE a A my plg� ORC� le NH] 1fr ,Wwabounder ERA NIAP LI-GKM s F-L MM-M - r-A smm!� a I MARC EL Oundwe -PULCY uisy I a INC" DOWMFnMQFQPERATNMIL*rATWMIVEMLU mWAGG= III, annamd Oman sea*^ womopmejamm) CERTIFICATE HOLDER CAW-FLI-ATION W W .-Mv 0 ifCORPORATION. All rWft susrn�sd. ACORD as awmate) The ACORD name and 1qp are regiamed no MONROE COUNTY BUSINESS TAX RECEIPT RECEIPT# 46110-61429 Business Name: WILLIAM P HORN ARCHITECT _ Owner Name; WILLIAM P HORN Businoss Location: 915 EATON ST Mailing Address: KEY WEST, FL 33040 915 EATON ST Business PhWie-, 05-296-8302 KEY WEST, FL 330 Business Type: PROFESSIONAL (PROFESSIONALARCHITECT). 0 ATE LICENSE: AR 0013537 Tax Amount Transfer Fee' Sub -Total Penalty Prior Years; Collection Cost Total Paid 30.00 0.0013{l. 0.00 t7efl9 9.99 30.00 Paid —12— 21 /1 / 2013 30.00 THIS BECOMES A TAX RECEIPT Dardse D. Henriques, CFC, Tax CollectorTHIS IS ONLY A TAX. WHEN VALIDATED PO Box 11.129, Key West, FIL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY NING i AND ZONING REQUIREMENTS, AC# 6 9 6 6 4 5 STATE OF FLORIDA DEPARTMENT DOOF$ARCHITEECTTUREP&OINTEROIORLDESN REGULATION SEQ# L12120500740 E i 12/05/2012 1281591 0 AR0013537 The ARCHITECT Named below IS LICENSED Under the provisions of Chapter. 4$3.FS. Expiration date: FEB 28, 2015 HORN, WILLIAM P 915 EATON STREET Y WEST FL 33040 RICK aCOT KEN SON GOVERNORDISPLAY AS REQUIRED BY LAW SECRETARY AC# 6 61 STATE OF FLORIDA DEPARTMENTRD OFBARCHITECTTUUR.EP&CINTERIORLDESIGNATIO SEQ L1212osfla815 LICEN 12/05 2012 .12815.9169 0003040 The ARCHITECT CORPORATION Named below IS CERTIFIED Under the provisions of Chapter 4a''I IF. Expiration date: FEB 28, 2015 WILLIAM P HORNARCHITECT PA 915 ETON T L 33040 KEY WEST KEN LAWSON RICK SCOTT SECRETARY GOVERNOR DISPLAY AS REQUIRED BYLAW IST AMENDMENT TO CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHTIECT/ENGINEER This First Amendment to Contract (herein after "Amendment") between Owner and Arch itect/EngineAs f4,r the Ctritinying Ciiitraet fir Frtfessitnal Seireices ("Ctntract"), enterst ii%tt ketwee;% M*Arie Otuq 11 ("Owner" or "County") and Wam P. Horn Architect, P.A. ("Architect/E ngi nee r") is made and entered into this 20th day of November, 2013, in order to amend the Contract as follows: WHEREAS, on December 16, 2009, the parties entered into a continuing contract for Professional Services, pursuant to Florida Statute 287.055 (2) (g) where services are to be rendered for projects in which the estimated construction costs of each individual project under the contract does not exceed Two Million Dollars ($2,000,000.00), or for study activity if the fee for Professional Services for each .......... Architect by the Owner be provided each with specific scopes of work, time schedules, charges and payment conditions, and additional terms and conditions applicable to that specific contract; and limited to the Development of Higgs Beach Park Master Plan; and .11LU77 no IN years commencing on the date of the contract, with options for the Owner to renew on an annual basis 111141 - _z - -MIFERT and for other good and valuable consideration, the sufficiency of which hereby acknowledged, the Owner and the Architect agree as follows: 1The Continuing Contract for Professional Services dated December 16, 2009 and terminating on December 15, 2013, shall be renewed for the first of two one-year periods effective on December 16, 2013 and terminating December 15, 2014. ut"r-Obc azmz��Iw�n& of this Master Agreement without the prior written approval of the County, during the Term of this Master Agreement and for a period of two (2) years after the termination of this Master Agreement. Nevertheless, the parties agree that the Architect may use and publish the County's name and give a general description of the work provided by the Architect for experience and qualifications. b) Should the County receive a request for documents pursuant to Chapter 119, Florida Statutes, Architect shall cooperate with the County to facilitate the County's compliance with Chapter 119, Florida Statutes. Should the Architect assert any exemptions to the requirements of Chapter 119 and related statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Architect. Failure by the Architect to cooperate with the County in connection with a Public Records request shall be grounds for immediate unilateral cancellation of this Master Agreement by the County." unchanged. -11i� presentative on the day and year first written above. o. A Attes tMY HEAVILN, CPA, Clerk Deputy Clerk WITNES Ar tect's ' atur B IT ature nWAkJ-. AgQalso Print Witness Name BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, F�0TA `.,,r�G�%:. .l r-' ref' . << f,,.� By: ARCHITECT By: William P. Horn Architect, P.A. MONROE COUNTY ATTORNEY A 410V E D AS TO M: '(!LEENE W 1 LEEN CASSEL A Jq TAANT COUNTY qWiNEY Date /J - 1--? CONTRACTFOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECUENGINEER -no OF A&XV111t:11L ps Inaut; anu entereu 1 Monroe County ("Owner" or "Countya political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, its successors and assigns through the Monroe County Board Of County Commissioners ("BOCC"), and William P. Horn, Architect, P.A.-, the ( "Architect")., whose address is 915 Eaton St. Key West, FL 33040, its successors and assigns. is contract shall be effective on the date of execution by the last party signatory to the contract. This contract is issued as a continuing contract pursuant to Florida Statute 287.055(2) (g). The professional services required by this Contract are to be rendered for projects in which the estimated construction costs of each individual project under the contract does not exceed Two Million Dollars ($2,000,000.00), or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand Dollars ($200,000.00). The parties shall enter into a separate contract for each project awarded to the Architect by the Owner. The specific services to be performed under these separate contracts will be determined by the Owner and agreed to by the Architect. Each separate contract will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions applicable to that specific contract. Architect will be chosen pursuant to Owner policy and work will be distributed among all contractors who have signed a continuing contract. The professional services required by this contract will be for services in the form of a cii 64111 il ri,- 61- 61 1 S-Cm Aww'', years. The terms and conditions of this Contract shall apply to any separate contract, unless expressly modified in the provisions of the separate contract. Where the terms of this Contract differ Jign JJj Jewl j Marali j, Vilitain ns spetanITTY11pu IM717K anu 0i is anticipated by this Contract that the scope of work in the separate contract will be in addition to the scope of work outlined in this Contract NOW, THEREFORE, in consideration of the mutual promises, covenants and aereements stated herein an for other i ood ani valuaW cl s, 'm mv I I I q I a I [;�qtv,411abm od,'$ I -114,101 4 - ;jl M If W_; I long 17W.-Tafflugg Ito] Alkyj to] V.X#) 3:14ty, 10a UAIMMIMI PIA. it 10 . riw7mw warranties to the Owner: 1"W-J a I f [wall IN I I I M41 0 1.1.2 The Architect shall maintain all necessary licenses, permits or other aJ1A0--&70Ai0JB" hereunder have been fully satisfied; 1.1.3 The Architect shall become familiar with the individual Project site and the local conditions under which the Project is to be designed, constructed, and operated prior to entering a separate contract for any specific Project. 1.1.4 The Architect shall prepare all documents required by this Contract including, bw not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. The Architect warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomvlish the pu construction cost due to missing or incorrect design elements in the contract documents; 1.1.5 The Architect assumes full responsibility to the extent allowed bylaw with regards to his performance and those directly under his employ as Architect of Record. 1.1.6 The Architect's services shall beperforined as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The Architect shall submit, for the Owner's and Monroe County Project Management Department's information, a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds if approved by the Owner, and shall include allowances for periods of time required for the Owner's and Monroe County Project Management Department's review, and for approval of submission by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner may not be exceeded by the Architect except for delay caused by events not within the control of the Architect or foreseeable by him. 1.1.7 In providing all services pursuant to this agreement, the Architect shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating such services, including those now in effect and hereinafter adopted. Any violation of said statutes, shall entitle the • to terminate this agreement immediately upon delivery of written notice of • to the Architect. 2.1.1 Architect'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, civil, structural, mechanical, and electrical engineering services. 2.1.2 The Design for Construction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, • 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 Owner. The Architect shall be responsible for designing the Project in accordance with the analyses and recommendations of the geotechnical information fumished by the Owner. 2.1.3 These services shall include, but not be limited to: Preparation and completion of the design program for space requirements and relationships, schematic design, design development, preparation of contract documents for bids, preparation and advertisement for Request for Bids, tabulation and review of bids, recommendation of contract awards, cost estimating during design and document preparation, administration of contract documents, consultation and on -site inspections during construction, review and recommend approval of contractor invoices, preparation and submittal of permit applications, zoning applications, public presentations and presentations to the County Commission. Architect shall arrange his schedule in order to be available to perform the listed services for one or for several projects if requested by COUNTY and with the understanding that for any individual project the construction costs will not exceed the limits ♦- F.S. 287.055 (2)(g). 1 11 • I . . I . . I I • 2.2.2 The Architect shall review with the • and Monroe County Project Management Department's proposed site use and improvements, required permits, zonin selection of mateial H -W- 2.2.3 The Architect shall review with the Owner and Monroe County Project Management Department's alternative approaches to design and construction of t Project. I 2.2.4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 Upon completion of the Schematic Design Phase, the Architect shall providc drawings, outline specifications, estimate of anticipated cost in accordance with the schematic designs, and other documents for the Owner's approval and the Monroe County Project Management Department's information. 2.2.6 The Schematic Design must be approved in writing, by the Owner prior to Architect continuing to the Design Development Phase. Upon completion of the Design Development Phase, the Architect shall provide drawings, outline specifications and other documents for the Owner's approval and the Monroe County Project Management Department's information. The Architect shall provide an estimate of anticipated costs in accordance with the design development phase. 23.2 The Design Development Documents must be approved in writing, by the Owner prior to Architect continuing to the Construction Documents Phase. W,WMI BMIRWIM111 T "I 10 GNTUT-4401 is I)AU Lei R61 SO Fal M FMij Ig it a OR sp, I U 0.4N I WN to-AITA 1,44W 111111111111, ; I M.NWIM rlow) go Conditions of Contracts, and the forms of Agreement between the Owner and the Contractors. 2.4.3 The Architect's construction documents (plans, specifications, etc.) will conform to all written codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to receive all permits when applied for. If permits are FJ denied, then the Architect will conforra the construction documents in such manner to receive permits upon such plans. Work required from the Architect to conforin the documents to federal, state, city, county, or agency specifications and permit requirements to allow them to be approved shall be completed at no charge or cost to the Owner. 111rill RKG W A. '. N RON � NOVE - 'NJ I - -am more I GN I - . I I HOM IN preparing contracts for construction. 2.5.2 The Architect shall assist the Monroe County Project Management Department in issuing bidding documents to bidders and conducting pre -bid conferences with prospective bidders. The Architect, with the assistance of the Monroe County Project Management Department, shall respond to questions from bidders, and shall issue addenda. Tim MEN including the submission of all project close-out documents by the Architect and Contractor. The Architect will administer the Owner's contract as provided for in that document. The Architect agrees to perform a project check prior to the end of the warranty period as a part of the contract. 'Me check shall not exceed one working day unless additional time is approved by the Owner. 2.6.2 The Architect shall at all times have access to the Work whenever it is in preparation or progress. 2.6.3 The Architect shall, as contemplated herein and in the Construction Contract, but not otherwise, act on behalf, and be the agent, of the Owner throughout construction of the Project. Instructions, directions, and other appropriate communications from the Owner to the Contractor shall be given to the Contractor by the Architect or Monroe County Project Management Department. K= Tr_o_jecF1,Tfa_n_agement -Fepartment to reject ork, which does not contorTn to tne Contract Documents. . . I # U I LVINIMP-MVIR Management Department for the Owner's approval and execution in accordance with th* Contract Documents. 2.6.6 The Architect shall promptly provide appropriate interpretations as necessary for the proper execution of the work as long as there is no change in Contract price. 2.6.7 The Architect shall require inspection or re -inspection and testing or retesting of the work, to include architectural/engineering, structural, mechanical and electrical engineering portions of the work, in accordance with the provisions of the Construction Contract whenever appropriate. 2.6.8 The Architect, assisted by the Monroe County Project Management Department, skall C*z�,-Ivct ixg-Jecti"I'm tittetez%ix.&�- i2tes if,%0stwitial C-+milet4,r. wvl thetate of Final Completion. 2.6.9 The Architect shall interpret and decide matters concerning performance of the Contractor under the requirements of the Contract Documents upon written request. 2.6.10 Interpretations and decisions of the Architects shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings and submitted on proper Construction Change Directives. 2.6.11 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in question between Owner and Contractors relating to the execution or progress of the Work as provided in the Contract Documents. 2.6.12 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect. 2.6.13 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due and (2) as a Basic Service at the Owner's direction from time to time during the correction period described in the Contract for Construction. 2.6.14 The Architect shall transmit to the Owner all manuals, operating instructions, as - built plans, warranties, guarantees and other documents and things required by the Construction Contract and submitted by the Contractor. 2.6.15 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 0 2.6.16 The Architect shall make available to the Owner any personnel or consultants employed or retained by the Architect for the purpose of reviewing, studying, analyzing or investigating any claims, contentions, allegations, or legal actions relating to, or arisi out of, the design or construction of the project. I 11111 F !111!1 11 1 F-1 frel law-) 101VA(Ill 11�&Wxj I ig I - -10 2.6.18 The Architect shall, without additional compensation, promptly correct any effo--' omissions, deficiencies, or conflicts in the work product of the Architect or its consultants, or both. I 2.6.19 The Architect must reimburse the Owner for any added costs paid by the Owner during construction that were incurred as the result of any omission, deficiency, or conflict in the work product of the Architect, its consultants, or both. This added expense is defined as the difference in cost from that which the Owner would have paid if the work was included in the bid, and the actual cost presented by the Contractor. ARTICLE III 3.1 GENERAL 3.1.1 The services described in this Article III are not included in Basic Services. Th shall be paid for by the Owner as provided in this agreement as an addition to the compensation paid for the Basic Services but only if approved by the Owner before commencement, and as follows: I A. Providing services of Architect for other than the previously listed consulting scope of Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement or n0i customarily furnished in accordance with generally accepted consulting practice. C. Providing representation before public bodies in connection with the Project, upon approval by the Owner. 3.2 If Additional Services are required, such as those listed above, the Owner shall issue a letter requesting and describing the requested services to the Architect. The Architect shall respond with fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the Owner proceed with the Additional Services. ARTICLE IV 4.1 The Owner shall designate Monroe County Project Management Department to act on the Owner's behalf with respects to the Project. The Owner or Monroe County Project Management Department shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. However, the ►. acknowledge that due to Monroe County Policy, Ordinances or State or Federal Statute there may be times when a decision must be made by the BOCC, in which case any delay shall not be attributed to Monroe County or its representative. MIMI I 70CUIVILIC idi;; IciP 4"1001ft PIA-ALI M17CI CJ the Project or non-conformance with the Contract Documents. 4.3 The Owner shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect's services and work of the contractors. 4.4 The Owner's review of any documents prepared by the Architect or its consultants shall be solely for the purpose of determining whether such documents are generally consistent with the Owner's criteria, as and if, modified. No review of such documents shall relieve the Architect of responsibility for the accuracy, adequacy, fitness, suitability ,pr coordination • its work product. ARTICLE V 5.1 The Construction Cost, if applicable, shall be defined in a contract for the specific Project. ARTICLE VI 6.1 The Architect covenants and agrees to indemnify and hold harmless Owner/Monroe County and Monroe County Board • County Commissioners from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses, including attorney's fees, court costs and expenses, which arise out of, in connection with, ♦ by reason of services provided by the Architect or its Subcontracuff*oAvaw 'wT Yhr4jwt-r*_1� • the Architect, their employees, • .• 6.2 The first ten dollars ($ 10.00) of remuneration paid to the Architect is for the indemnification provided for above. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the it and specifications provided by the Architect, the Architect agrees and warrants that he shall hold the County harmless and Au'l -WC!Ak11riq1%- t7razW)rp-2�tf or action on the County's behalf. 6.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Architect's failure to purchase or maintain the required insurance, the Architect shall indemnify County from any and all increased expenses resulting from such delays. Should any claims be asserted against County by virtue of Architect agrees and warrants that Architect hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the County's behalf 6.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 6.5 This indemnification shall survive the expiration or early termination of t Agreement. I pa d to] 11mu 7.1 PERSONNEL The Architect shall assign only qualified personnel to perform any service concerning the project. ARTICLE VIII 8.1 PAYMENT by the County. Hourly rates are provided in Exhibit A and are subject to annual affirmation. Details of payment will be set out in the specific separate contract. 8.2 REIMBURSABLE EXPENSES Shall be negotiated and agreed to prior to award of the separate contract, but only to the extent and the amounts authorized by Section 112.06 1, Florida Statutes; however prior tit. incurring any expense written approval for any reimbursable expense must be obtained from the County. 8.3.1 The Architect may not be entitled to receive, and the County is not obligated to pay, any fees or expenses in excess of the amount budgeted for this Agreement in each fiscal year (October I - September 30) by County's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the County's Board of County Commissioners. 0 Fm- EM oil 1111Y 11MITITILUI projec agreement may be terminated immediately at the option of the County by written noti - y for of termination delivered to the Architect. The County shall not be obligated to pa .1 .i any services provided by the Architect after the Architect has received written notice o termination, unless otherwise required by law. 8.3.3 The County does not guarantee Architect any specific amount of work or ecific amount of work or project awarded to the Architect by the County. The specific services to be perform an under these separate contracts will be determined by the County and agreed to by the Architect. Each separate contract will contain specific scope of work, time schedule, tk ssecific contract. Architec will I to '0411 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. 9.1 APPLICABLE LAW This contract is governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and performed entirely in the State. Venue for any Eli$ County, Florida. The Parties waive their rights to a trial by jury. 0 til I ro An it OWNERSHIP OF THE PRELIMINARY DESIGN AND THE DESIGJ— FOR CONSTRUCTION 10.1 The Drawings, Specifications and other documents prepared by the Architect for this project are instruments of the Architect's service for use solely with respect to this irolect, W AeArcV.iteil i W 4 1''-6 4,-r-j1 110 tw -, 9 9 - 4,yr"n, rescrict ria-its, Inulwing roprouixivit; wplus, 01 Eric wrvlum Architect's Drawings, Specifications and other documents shall not be used by the Owner or others on other projects except by agreement in writing and with appropriate compensation to the Architect. 10.1.2 Submission or distribution of documents to meet official regulatory requirements VU-C+rr5tr=,i as leM-J&1r1f in derogation of the Architect's reserved rights. E 10.1.3 The As -Built drawings and specifications may be furnished by the Architect to the *wner in electronic format in addition to the original As -Built documents. 10.1.4 The Owner may utilize the construction documents, As -Built documents, etc. as required for reference on any necessary future work on the site, and for constructing, using and maintaining the Project. The Architect shall not assign its right hereunder, excepting its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the Owner. The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. ARTICLE XII NO THIRD PARTY BENEFICIARIES -TVA.-C-T The Architect is and shall be an independent contractor in the performance of all work, services, and activities under this Agreement and is not an employee, agent or servant of the County. The Architect shall exercise control over the means and manner in which it and its employees perform the work and in all respects the Architect's relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees or agents of the County. The Architect does not have the power or ARTICLE XIII 13.1 INSURANCE 13.1.1 The Architect shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. Professional Liability Insurance shall also be maintained as specified. In the event the completion of the project (to IF Ir,urchase • maintain the required insurance, the Architect shall indemnify the County from any and all increased expenses • from such delay. 13.1.2 The coverage provided herein shall be provided by an insurer with an A.M. Be Rating of VI or better, that is licensed to do business in the State of Florida and that h an agent for service of process within the State of Florida. The insurance certificate sh • an endorsement providing thirty (30) days ♦ to the County prior to cancellation of said coverage. Said coverage shall be written by an insurer acceptable the County and shall be in a form acceptable to the County. • Impipm -me "W0 r;rMoll VIVAN C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others • ♦ use of motor vehicles, including onsite and offsite operations, and ♦ hired ♦ non -owned vehicles, with One Hundred Thousand Dollars ($100,000.00) combined single limit and One Hundred Thousand Dollars ($ 100,000.00) annual aggregate. D. Commercial general liability covering claims for injuries to members of the public ♦ damage to property ♦ others arising ♦ ♦> any covered act or omission of the Architect or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Independent Contractors; Broad Form Property Damage and a Contractual Liability Endorsement with Five Hundred Thousand Dollars ($500,000.00) per ♦ and annual aggregate. E. Professional liability insurance of Five Hundred Thousand DollaV ($500,000.00) per claim and One Million Dollars ($1,000,000.00) annu aggregate. If the policy is a "claims made" policy, Architect shall mainta coverage or purchase a "tail" to cover claims made after completion of t project to cover the statutory time limits in Chapter 95 of the Florida Statut es F. County shall be named as an additional insured with respect to Architecte liabilities hereunder in insurance coverage identified in Paragraphs C and D. I Architect shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of Architect if so required by County during the term of this Agreement. County will not pay for increased limits of insurance for subconsultants. IF H. Architect shall provide to the County certificates of insurance or a copy of insurance policies including those naming the County as an additional insur by including any subsection thereunder. The County reserves the right require a certified copy of such policies upon request. I PI zmj 1 ItzIi 14.1 Either party hereto may terminate this contract prior to expiration upon giving I' .0-IMIM41-I'M -1 9 oil 14.2 The Owner may terminate this Contract without cause by giving the other party sixty (60) days written notice of its intention to do so. Termination expenses shall include expenses available under the contract through the date on the notice of termination and shall not include any additional services required in order to stop performance of services, unless agreed to in writing by the County and subject to audit for the purpose of verification. ARTICLE XV ENTIRE AGREEMENT "WIN M A-10 MaUC a-FAI-E IVIAff"WHEFULA, MIL LnC UIP 11"110-VIT] as a part of this contract. In the event any conflict between any of those contract documents, the one imposing the greater burden on the Architect will control. 15.2 A person or affiliate who has been place on the convicted vendor list following a conviction for public entity crime may not submit a bid on contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the property to public entity, may not be awarded or perform work as a 1 rlier. suf 1Ttractor. or coTsuttaT.txm,-t;r a cottract yJtV a-rXqublic e-ctit 16.1 County and Architect agree that all disputes and disagreements shall first be k IK mutually agreed to by the parties. The cost of mediation shall be shared equally. The parties agree that mediation is a condition precedent to the institution of legal or equitabli proceedings by either party. Request for mediation shall be in writing and sent to the other party. The parties shall agree on a mediator to hear the dispute. 16.2 Mediation shall be held in Monroe County Florida in a location in Key West; the f ocation may be moved only by mutual agreement of the parties. fI E7-) tl GA QF- iN Vitt", I ' 0 111RIMPIOM fill) a Lg!c-1 godau6i" to 16.5 Arbitration is specifically rejected by the parties as a method of settling disputes which arise under this agreement; neither of the parties shall be compelled by the other to bitrate a dispute which may arise under this Agreement. ARTICLE XV11 Additional Reguirements a) Architect shall maintain all books, records, and documents directly pertinent performance under this Agreement in accordance with generally accepted accountiJ4" principles consistently applied. Each party to this Agreement or their authoriz 4 representatives shall have reasonable and timely access to such records of each oth -1 ?Pna';e+ t!AMkyiztraicW- fitqf4Ug, ra** �rii- 4,f for four years following the termination of this Agreement. If an auditor employed by t County or Clerk determines that monies paid to Architect pursuant to this Agreeme were spent for purposes not authorized by this Agreement, the Architect shall repay t monies together with interest calculated pursuant to F.S. Sec. 55.03, running from t - date the monies were paid to County. I b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreeme m shall be governed by and construed in accordance with the laws of the State of Flolrni applicable to contracts made and to be performed entirely in the State. In the event th I any cause of action or administrative proceeding is instituted for the enforcement appropriate court or before the appropriate administrative body in Monroe Coun Florida. The Parties waive their rights to a trial by jury. The County and Architect a E of any other administrative or legal proceeding, pursuant to Section XVI of this agreement. C) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Architect agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Architect agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs expenses, as an award against the non -prevailing party, and shall include attorney's fees and courts costs expenses in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Architect and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advise of counsel. g) Claims for Federal or State Aid. Architect and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Architect agree that all disputes and disagreements shall be attempted to be resolved under Section XVI of this agreement. If no resolution can be agreed upon within 30 days after mediation, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach oft.iisA. ownent. Countv and Architect a2ree to t)articit)ate. to the extent reauired bv the IL other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Architect specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. Architect and County agree that there will be no discrimination against any person, and it is expressly understood that upon 7 determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Architect or County agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of 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) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. k) Covenant of No Interest. Architect and County covenant that neith presently has any interest, and shall not acquire any interest, which would conflict in an] manner or degree with its performance under this Agreement, and that only interest each is to perform and receive benefits as recited in this Agreement. 1) Code of Ethics. County agrees that officers and employees of the County 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. in) No Solicitation/Payment. The Architect and County warrant that, in g jigr,11, ELI, r) Non -Reliance by Non -Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the Architect and the County agree that neither the Architect nor the County • 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 1b ff.] X) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. each party causea MIS Agreemeni authorized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA puty Clerk De Mayor/(�hairman" Date: DEC 1 6 2009 6Q1 a (INSWRT NA of Architect) By: Sign re of Corporate Agent :j m. 6A)jbWAjrh P, ADAP Print Name ofyorpprate Agent 37 Date: -TI C= CD WITNESS TO Architect's ature: Architect's ature- 7Z=� C V SCIN, y: --WITNESS Si at re Z,2 --� �o,��t?,�ari ss�°ate" ��, a ,,hc m � c� � .. `-� rn C) Fn Print Witness Name U Date: 7,7qv /?,. 2-cO E ITIfiRvi Required Limits Statutory Limits H11 1r! 1r !r1illrl I 0=1 C General Liability Vehicle Liability Aggregate SUBCONSULTANTS The Architect/Consultant covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Architect or Consultant or any of its Subcontractor(s) in any tier, occasioned by the negligence, effors, or other wrongful act or omission of the Architect/Consultant, including its Subcontractor(s) in any tier, their officers, employees, servants or agents. Rkt; increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the Architect/Consultant, the Architect/Consultant agrees and warrants that Architect/Consultant shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf The first ten dollars ($10.00) of remuneration paid to the Architect/Consultant is consideration for the indemnification provided for above. PLO The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. V RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded t/contract and will comply in full with all the requirements. IA-11 Respondent Signarure ff MTRTUITZTUNWMTKD�� I have reviewed the above requirements with the Architect named below. The following deductibles apply to the corresponding policy. POLICY Gleu:Ld 111L-' 6,41d) VV C_ ve I -C fe- If-4 ) I MIME= Insurance Agency The Fullers Ins. 1432 Kennedy Dr. Key West, FL 33040 0 0 U —Claims Made Signature /V1 Print Name: )4 rm 4 Pf W, RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No.(s) ONe VL • The Response Form 4/ • Lobbying and Conflict of interest Clause, • Non -Collusion Affidavit • Drug Free Workplace Form • Respondent's Insurance and Inde ent • Insurance Agent's Statement vnification Statern • Professional and Occupational Licenses V) III !V11 I Jill I L /1'01JwtXl 06Z - 4/0l� I =11 I rM ITT Mailing Address: zor- Telephone: Date: Signed: - V MV -VI . rr A A Fax: 1JE10 33 itness- L---(Seal) NOTARY PUBLIC -STATE OF FLORIDA David W. Gangillillidsch uD603253 ,F wires. OCT. w 2010 AT10M BONI)ING CO w XTXMf EWY-71WIT MONROE COUNTY, FLORIDA ETHICS CLAUSE 0 it... warrants that he/it has not employed, retained or otherwise had act on his/W behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County,�nay, in its discretion, Agreement or purchase price, or otherwise recover, the 411 amount of any fee, commission, percentage, gift, or consideration paid to t4:/former County officer or employee". Date: STATE OF: COUNTY OF: ell Subscribed and sworn to (or affirmed) before me on (date)by 6t-),A2-M di-k (name of affiant). He/She is personally known to me or has produced as identification. (type of identification) NOTAU PUB LIU MON My commissio x V b"S.Covo, vi The undersigned vendor in accordance with Florida Statute 287.087 hereby certifi-" that: I (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 is 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 the 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 e statement, I certify that this firm complies fully with the above requirements. Respondent's Signature 11117109 ate A 25 I, &JILZMn F-- AIL'i — of the city of kekl krz-r� J irL - according to law on my oath, and under penalty of pe depose and say that: ri I I am J(6&Arh /dnp the bidder making the Proposal for the project described in the Request for Qualifications for: and that I exicuted the said proposal with full authority to do so. 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made by the bidder to induce any other person, partnership or corpor tion to submit, or not to submit, a bid for the purpose of restricting co. tion; r? i 5. the statements contained ur this affidavit are true and correct, and made with full knowledge that Moniroe County relies upon the truth of the statements contained in this adavit in awarding contracts for said projec 0 (Signature of Respondent) (bate) STATE OF: COUNTY OF: who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this Aln"'Id'ay of v ve—lel-- 20 Of -- A — NOTARY PU1 l My Commission g 4oryNsch vaAd W. Gangwl re Conl6ssjon 4 W603253 ()8,2010 ()CT. F ypires. C 0, G co.. INC. BonED TV11tt; AIIA-1 RE SUBCONSULTANTS The Architect/Consultant covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Architect or Consultant or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Architect/Consultant, including its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the completion of I (to include the work of others) is delayed or suspended as a result of the Architect/Consultant's failure to purchase or maintain the required insurance, the Architect/Consultant shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the Architect/Consultant, the Architect/Consultant agrees and warrants that Architect/Consultant shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Architect/Consultant is consideration for the indemnification provided for above. The extent of liabty is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. RESPONDENT'S STATEMENT / I understand the insurance that will be mandatory if award the contract and will comply in full with all the requirements. Respondent Signature W t � Monroe c(.,tjijty U WILLIAM P. HORN ARCHITECT, P.AqECUVED BY A 0003040 915 EATON STREET, KEY WEST, FLORIDA 33040 PHONE: 305-296-8302 FAX: 305-296-1032 I To: Jerry Barnett Facilities Development Coordinator Monroe County Re: Hourly Rates Annual Contract Dear Mr. Barnett, Architect $130.00AA Intern Architect $100. 001 Draftsperson $85.00)/hr Structural Engineer $150.00 N1EP Engineer $125.0 6 Senior Civil Engineer $120 Civil Engineer $100. Please call if you have any questions. We are looking forward to worki with you. i Sincerely WILL;Z4/P. HORN ARCMTECT, P.A. William P. Horn, Principal