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Item C23BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 16, 2014 Division: Public Works/Engineering Bulk Item: Yes X No _ Department: Project Management Staff Contact Person/Phone #: Kevin Wilson X8797 AGENDA ITEM WORDING: Approval of a 1st Amendment to Contract with William P. Horn Architect, P.A. for professional services for major repair work at the Senior Meal Site at Harvey Government Center. This project is funded from the one -cent infrastructure tax. ITEM BACKGROUND: William P. Horn Architect, P.A. was awarded a contract in August of 2012 for severe concrete spalling repair at the Senior Center. In February of 2013 an independent space assessment was conducted by MBI/K2M Architects, P.A. and it revealed continuing rapid deterioration of the structure, and concluded that: "If not corrected in one year these projects will become critical." Recommendations were to provide repairs to the facility to include the roof replacement and insulation, add ADA accessibility, and to replace the old windows and doors. PREVIOUS RELEVANT BOCC ACTION: on August 15, 2012 the BOCC approved a Contract with William P. Horn Architect, P.A. for professional services for the repair of the concrete spalling at the Key West Senior Center. On December 16, 2009, the BOCC approved a Continuing Contract with William P. Horn for Architectural/Engineering Services for projects in which construction costs do not exceed $2,000,000.00 or for study activity if the fee for professional services for each individual study under the contract does not exceed $200,000.00. On November 20, 2013 the Continuing Contract was renewed for one additional one-year term. CONTRACT/AGREEMENT CHANGES: Increase the Scope of Work to include a roof replacement, insulation, replacement of windows and doors, and include ADA accessibility. Increase in Architectural fees by $31,445.00, from $23,576.00 to $55,021.00. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $31,445.00 INDIRECT COST: BUDGETED: Yes X No _ For the 1st Amendment DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: $31,445.00 SOURCE OF FUNDS: 304 REVENUE PRODUCING: Yes No AMOUNT PER MONTH APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: DISPOSITION: Revised 7/09 Included X Not Required AGENDA ITEM # Year MO COUNTY BOARD OF COUNTY COMMISSIONERS Contract with: William P. Horn Contract Purpose/Description- 1 "Amendment to Contract for repairs at the Contract Manager: Ann Riger (Name) for BOCC Meel,inon 04/16/14 CONTRACT SUMMARY Contract # Effective Date: 04116/14 Expiration Date-, Key West Senior Center X4439 project Mgml/Stop 1#1 (Ext.) (Department/Stop Agen(la Deadline- 04/01114 CONTRACT COSTS Total Dollar Value of Contract: $ $55,021.00 Current Year Portion: $ 37,268.00 Budgeted? Yes Z No El AccountCodes: 304-24000-560620-CjULA06-130310 Grant: $ N/A County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $jyr For: (Not included in dollar value above) (CE. maintertalice, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Division Director Needed r 0-_ Yes E] No1 o �/ X Risk Management j_ Yes El YesNo - ----- O.M.B./Purchasing Yes E1No2j County Attorney Yes E] NoQ/ Comments: OMBForin Revised 2/27101 MUF W2 ls'AMENDMENT TO CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT[ENGINEER FOR SENIOR CENTER CONCRETE SPALLING REPAIR Key West Senior Center 1016 Georgia Street (at the Harvey Government Center) Key West, FL 33040 THIS I" AMENDMENT made as of the 16 1h day of April 2014, FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCI 1ITECT (the "Contract" or "Agreement") is made and entered into by MONORE COUNTY BOARD OF COUNTY COMMISSIONERS (the 46owner" or "County"), a political subdivision of the State of Florida, whose address is I 100 Simonton Street, Key West, Florida 33040, its successors and assigns through the Monroe County Board of County Commissioners ("BOCC"), and WILLIAM P. HORN ARCHITECT, P.A. (the "Architect"), whose address is 915 Eaton Street, Key West, Florida 33040. WHEREAS, on the 161h 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 a study activity if the fee for professional services for each individual study does not exceed Two Hundred Thousand Dollars ($200,000.00); and WHEREAS, on the 201h day of November 2013 the Continuing Contract was renewed for the first of two one-year renewals effective on December 16, 2013 and terminating December 15, 20 14; and WHEREAS, on the 15th day of August 2012 the parties entered into a Contract for Professional Services for repairs at the Senior Center in Key West to include the spalling repairs on the exterior walls, interior all finish patching and replacement, possible window replacements, minor electrical or, and repainting of the walls. The or included measuring the existing building, drawing existing floor plans, elevations, drawing the proposed repair or and specifications; and WHEREAS, in February of 2013 an independent space study assessment was conducted on the Senior Center, it concluded that the building continues to rapidly deteriorate and is in critical disrepair to the critical elements of the building such as the roof structure and exterior concrete; and WHEREAS, to provide all the recommended repairs to the facility additional design services are needed to include replacing the existing roof, replacing the old windows and doors, and include ADA accessibility revisions; now therefore Senior Center Concrete Spalling Repair Page I 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, the Owner and Architect agree: 1. The contract entered into on August 15, 2012 shall be amended to increase the scope of services to include the roof replacement and insulation, replacement of of windows and doors, and include ADA accessibility. 2. The fee for Architectural services shall be 9.02% of the estimated construction costs of $610,000. The fee percentage is in compliance with the State of Florida, Department of Management Services, Fee Guide Calculator for Architectural and Engineering Services. • Design Services $137205.04 • Construction Documents 307811.76 • Bidding Phase 27751.05 • Construction Administration 8,253.15 invoices shall be submitted on a percentage complete basis. This total fee of $551021.00 is an increase of $31,445.00 from the contract dated August 15, 2012. 4. PUBLIC RECORDS: Architect agrees to comply with all requirements of Chapter 119 of the Florida Statutes and specifically: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are 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 the public agency all public records in possession of the artist upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. Senior Center Concrete Spatting Repair Page 2 5. All other terms and conditions of this I st Amendment shall comply with the Contract of August 15, 2012, and the Continuing Contract dated December IG, 2009 and as renewed on November 20, 2013. IN WITNESS WHEREOF, each party caused this I'll Amendment to be executed by its duly .?.uthorized representative on the day and year first above written. (SEAL) Attest: EAVILIN, CPA, CLERK BV: Witneso) r t Signature WITNESS Signature Date: JT Print Witness Name P,AONROE COUNTY ATTORNEY "P ROV L AS�IST, N Date of MONROE COUNTY, FLORIDA M3 Mayor/Chairman WILLIAM P. HORN ARCHITECT, P.A. BY: Signature of Corporate Agent Print Name of Corporate Agent Date! Senior Center Concrete Spalling Repair Page 3 ❑P ID: NF CERTIFICATE OF LIABILITY INSURANCE 00120/13 T1416 C ISSUED INFORMATION ONLY CONFERS NO RIGHTS UPON THE CERTIFICATEL I CERTIFICATE L L On COVERAGE FF BELOW.0 F INSURANCE DOES NOT CONSTITUTE T BETWEEN THE ISSUING I > AUTHORIZED REPRIMENrATIVE OR PRODUCER,IFIC LD IMPORTANT. d the certificaft holder Is an ADDITIONAL INSURED, ) andoNsed. If SUSROGATtON 19 WAIVED, subject, to termshNa and conditions of to policy, cm If POIlChOUi an andonwmnt A obamwa on this SO don not conbr III" to the cer"cale holder in lieu of such aridomemon e . PROMI 305-29446TYoD Act The Fullere, Inc 3 1 N Kennedy11432 Key Walk L Normanull HCI!ltiW I MURMAIoeveluas Nnuc e INSURED willarn P Mom Architect PA @MRER A First Cornm unityIrgaurance Co. Bill Mom OMM e 1 Key Wel L 330Qa: imumm u: 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 REQUAEUENT, TERN! OR CONVITio11l OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY RE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES 6ESCRIHEO HEREIN) IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. ,-NJ Al Mmja AEIx;A U CowERcI LGEmERALLimILITY CLAIMS44 E 0 OCCUR OD XBusignews owners x 0 (INI H OCCURRBI, � - ! 30,0 MED E?(P ant s 6, PWRONAL it ADV INJURY s MEMAGGREGATE S, QeN'L AGGREGATE LIMITAMIES PER: p _CRAW s X PCLEv LOC s AWAUTO ` -' LE s ILY U ) s ALL OVIRIED ALTOS AP ILYIJ ; I Sc I HEDULED ®I) HI WAND NSA • { PROPERTY DMIAM ( e NOWAYNEDAUTOSe s UNWAUA UAS OCCUR EACH OCCURRENCE a C E AGGREGATE DEDUCTME s a A NY YIN U NIA YYC eTAIU- Ol E.L EACH ACCIDENT s E L. DQEA3E-EA SP S gum UjIn NN) l E E L DL9 LI s DE3Cr4lPYCN OF OPERAIMS I LOCATll VEWLEG ACORD 101@ AddMonal ft menewAI6It Mom 00 relvel archilect MONRCON EXPIRATIONSHOULD ANY OF THE ABOVE OESCMSSD POLICIES BE CANCELLED BEFORE THE DATE THEREOP, NOTICEDELIVERED Monroe CountyBoard of County ACCORDANCE MTH _ 1ILICY PROVISIONS. - Commissioners 1100 Simonton Street ' _ J Farm `L• �: 1� *•,.,� MOM DATE (MMr®oIYYYv} CERTIFICATE OF LIABILITY INSURANCE 05/291�1 THIS CERTIFICATE IS ISSUED AS A MATTERINFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTERTHE COVERAGE AFFORDED THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE ES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING I SU (S), AUTHORIZED REPRESENTATIVE OR PRUC , AND THE CERTIFICATE HOL IMPORTANT, If the certificate holder Is an ADDITIONAL INSURED, oilc (I ) must be endorsed. if SUBROGATION 18 WAIVED, subject t the terms and conditions of the policy, Certain policies may require andorsoment. A statement on this certificate d not confer rights to the certificate holder In lieu of such n a en . PRODUCER -i 77 The Pullers, Inc 3 _2 2 1 1432 Kennedyrive t, FL Norman Fuller NAME: Al PwaN Arc No]-. E-MAIL AOg ESS: PRflu�t�', ME r HORNWIi INSURER 5 AP RDINGGOVERAGE NATO a INSURE® William Horn 161 Key Haven Rd. y West, FL 33040 INSURER A: Progressive INSURER INSURER C : INSURER D INSURER E : INSURER F = COVERAGES NUMBER: 1 ■ r * f _ -� � -■;: i � r ■ _ y ■ .;� *. .� it i i i■ ■ i 'i i WNW IIaSR TYPE OF INQU RANCE POLICY NUMBER MFORrpb1YE1'FYY MM ADIY POLICY XP LIMITS GENE L LIABILITY CJDR 11 - ICI ' GEMEI EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY , iY -• L� PREMISE Ea owUr ante F CIAIMS•MAnk OCCUR ply j -jt�j _. MEC EXP jAnY one aersanl S PERSONAL& A6V INJURY 5 GENERAL AGGREGATE $ PRODUCTS - COMP1OP AGG 1 $ GEDL AGGREGATE LIMIT APPLIES PER: POLICY F1 PRO- FI LOG $ AUTOMOBILE LIABILITY x COMBINED SINGLE LIMIT (En accident) ANY AUTO 12 11 061 9114 02� 31 BODILY INJURY (Par ' ALL OWNED AUTOS �on')$ BODILY INJURY (Per $ SCHEDULED AUTOS PROPERTY DAMAGE $ Xi HIRED AUTOS (Pat accident) NON-OWNEO AUTO$ $ X $ UMBRELLA LIAS OCCUR EACH OCCUR RVACE _ 3 Y EXCESS UAB CLAIMS. WDE AGGREGATE 5 05DUCTIBLE $ RETENTION 8 YVCSTATU• 9'rH- WORKERS COMPEN TION AND EMPLOYERS' 1LITY Y! ANY PROPRIETORIPARTNERaXECUTNE E.L. EACH ACCIDENT S �M OrRCERIMEI.I$ER 4:XCLUDE0? (MlIndalory In NH} N J A E.L. DISEASE - FA EMPLOYEE a It es desuibo undue 17 SL�RIPTtON OF OPERATIONSI:Wow E.L. DISEASE • POLICY LIMIT I 3 DESCRIPTION OF OPE TIONS r LOCATIONS 1 VEHICLES {Attach ACORD 101, AddlllanM Remarks SohedUla, It Moro epaco is roqulred) 20121Nflasan FronfierSPU IN6ADOERSCC404279 CERTIFICATE HOLDER Lilo NUIZILIJR 1IV14 MONRCON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES E CANCELLED BEFORE THE XPI TI N DATE THEREOF, NOTICE WILL BE DELIVERED I Monroe County oar County ACCORD CE IIATH T a POLICY PROVISIONS. Commissioners 110i onto Street JAUTHa ED REPRESENT e e West, FL 33 a r ull cj 1988- aRD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACO na a and logo a regist marks of CO D OP JD; NF CERTIFICATE OF LIABILITY INSURANCE 01102M4 TWA CERTWICATE 0 MLED AD A MATTER OF MR3MATION ONLY AND CONFEM NO MIGM UPON THE Cotl*VATE HOILOR% THIS CERTIFICATE DOM NOT AFFWJRATr4MY OR NE"Tr4ELY AMEND, EXTEND OR AL, M THE COVERAGE AFFORDED BY Tom NoLwlw BELOW. THIS CERMCATE OF WUHAN= DIANE noTcougnTUTE A CONTRACT WrW=N THE MMUING UkHtEV40), AIJTMWJUD PWREM'rATIVE OR PRODAJOER, AND THM CERTIFICATE HOLDER. WORTANT, 9 Am owgftcft Wow in on AC CITIONAL INSUREM, ttw penWim) muwt be endorsed. If 3UBROOATION S WAM`M, subjewt to Vw bmmm am candWom of the poft, andain pdldn my require an mwmmNmwGE A obdonme An Mb md%mb dam not coWw A*ft to the owWcatn holder lit Mau of uth andaromionK@I. FVWOUCaR 305"2U4*" The FLdim, Inc 306-M4641 1432 Kennedy Ortwo Key W�mot FL &%W Norman Rallor W� HlDRNW-1 NYMlAFlK*nW0"tMW HMO liffillhon IF Ham Archhuct So, ^; FWds Retail Padmtlon HIS Ham $19 Eamn st. KIT-wast Noun= Q OFAM or TE M THIS 13 TO DERPY THAT 111E POLICIES OF N49URANCE LISTED BELOW HAVE GEM ISSUED TO THE INSURED NAMED AMEND FOR THE POLICY PER000 INDICATED, NOTAXTUSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT Yin RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE ROUCIES DESCRIBED HFRM IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UWTS $ROME MAY HAVE BEEN REDUCED BY PAID CLAIMS. *4 R WKIWOMURRHOE ADM 1pim PWICVWAEM 0"MM" Ulm smanALLAmujry C CIALRALL"Urt �OrIcLeRs-AmsGgNe0 OCCUR I V EM D a 6 MW EXR *1 We 4 POMW A AW "BY a WAL AGGREGATKLAlfrMrVVe8 PER: POLDY-0 M 11 LOC PRODUCTS - COWVOP AGO 9 0 AUTOMMM ANYALITO ALL OWNED AUTOG SCHBOULSO AUTOR HMOAUTOB NG*CVdNWAUMS cowlW-0 AINGLB Lear 8 WOLD NCOW(P-P—) S WMY Nood, Raw w"Art) s MROPEMYOAMAGE :CuFt AMMIMAM EACH OCCLVVMUM 4 AGWEQATE- I WMCTKE laTENTHM a A- VKXNMQGBWVMATM win Aw PA Abodulwy la 04) Ufdw OF GFERATfUMN LiMg MIA 524045 01 011114116 TH -TO - 14pi" F apt 6,L�s EWHACCMW i s PL 4 SHOULD ANY OF THE ABOVI DEGCMW INSURED = CAWXL"D MERGER THE EXPIRAYM DATA TtMMW, NOTICE WALL ME DELNWAM IN Monroe counK ACCORDANCE WM4 IM FOLICY PpowaboNL 11100 Simonton St Key W"t, FIL 33040 Nommin Fullw 01 CORPORATION. Ad rWft vwwwvwd. ACRES) 20 4200*M) Ths, ACORD nwnw and logo an nglatemd onst AC THIS DOCUMENT HAS COLgRED BACKGROUND-MiCROPRINTING - LINEKARK"' PATEWED PAPER AC - STATE OF FLORIDA A #696045 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF ARCHITECTURE & INTERIOR DESIGN SEQ# L12:120500740 12/05/201211281593-40 IAR0013537 The ARCHITECT Named below IS LICENSED Under th6,provisions of Chapter.4817S. Expiration date: FEB 128, 2015 HORN, WILLIAM P 915 EAT ON STREET KEY WEST FL 33040 KEN RICK LAWSON SCOTT SECRETARY GOVERNOR DISPLAY AS REQUIRED BY LAW AC#696120%j STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF ARCHITECTURE & INTERIOR DESIGN SEQ#L12120500815 LICENSE NEE DATE BAT�CHNUM�BE 712/05 2012�128159169 K�AOO 0 3 0 4 n, The ARCHITECT CORPORATION Named below IS CERTIFIED Under the provisions of Chapter 4-8'1:.FS- Expiration date: FEB 28, 2015. WILLIAM P HORN ARCHITECT. PA 915 EATON ST KEY WEST FL 33040 KEN LAWSON RICK SCO SECRETARY GOVERNOR DISPLAY AS REQUIRED BYLAW 2013 2014 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2014 RECEIPT# 46110-61429 Owner Narne; WILLIAM P HORN Business Locatl6q: 915 EATON ST Mailing Address: KEY WEST, FL 33040 915 EATON ST Business PhOne: 305-296-8302 KEY WEST, FL 33040 Business Type. PROFESSIONAL (PROFESSIONAL ARCFIITECT,),.-. STATE LICENSE. AR 0013537 Sub -Total Penalty Collection Cost Total Paid Tax Amount PT�,anslar Fee =ior�yealx 30.00 0,00, 30.00 30.00 0.00 Paid 123-12-00008218 09116/2013 30.00 THIS BECOMES A TAX RECEIPT Danise D. Ferri qvez, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED W) Box ILIL29, Key West, Ft. 33041 YOU MUST MEET ALL COUNTY ANEAOR MUNICIPALITY PLANNING AND ZONING REQUIREMENTS. Business Name HORN, WILLIAM CtlNbro0003377 Location Addr 915 EATON ST Lic NBRIClass 14-0 006982 SERVICE - PROFESSIONAL Issue Date: September 26, 2013 Expiration Dat.e:Septembe'r 30, 2014 License Fee $309.75 Add.. Charges $0.00 Penalty $0.00 Total $309. i5 Oper< CALDER Tfpee Comments: ARCHITECT Date: Ar"U13 54 Debei This document must be prominently displayed -�� iHORN, W HL;j NP HORN, WILLIAM Total payment 915 EATON ST Tran5 date® j/26/1a KEY WEST FL 33040 II 1 i ♦ : 1 • . • •' I • :.It I '. '.! r ;� 11 ;'_ 1 1 i • �Y f • 1Architect's work experience and qualifications. 4. 1 • f' the County G / for documents purgmt toChapter 119, • 1 e':. Statutes,1', shall with theCountyto facilitate1..:. • IIIcompliance wit1Chapter / Florida Statutes. Should /the ArchitectIIexemptionsto the requirements of Chapter 11♦ andreldedstatutes, 1burden oestablishingsuch exemption, 1wayofinjunctive orother provided 1 law, shallbe upon 1 Architect.1'' 1"Architectto cooperatehthe 1 CountyIIconnection1 Public 1! Records shall be groundsfor immediate 1 „ - ' 1 IS • I :f the Continuing Contract by the County. 5. Scope of Work: :i Project • 1 mainly I of 1 I !'. the concrete / 11 ' on theexterior .1 e A interior wall finishpatching(replacement,possiblewindowreplacements,minor electrical work and repdnting of the walls. Work will include measuring the existing ''l, 1 1., drawing existing floor plan, elevations, drawing theproposed repairwork and specifications. f. Payment: Architectural fees shall be as follows; Design, BiddingI 0 Bidding Phase to include attendance at the PreBid meeting 11' 111 bid Construction Administration Phase $5t$94.00 Construction • 11 'i. m I 1 : 1. • 1 Phase • includeattendance at the pre -construction meeting, shop dra** reviews, payment requests review and approvW, and site visits to review construction, ' k weeks1 1 as needed. Y•'. Total Fee S239576.00 i 1 ' l ; 1 ► + 1 11 •. I I I• 1 ► "'. 1 - • [.. • 11 1 :.':1 • 1 • Senior Center Concrete Spalling Repair Page 2 Reimbursable Expenses: reimbursableincluded 1 the Total Contract 11 howeverprior to incurring anyadditional 1 approvalfor that expense '1 mustMobtained in writing from ICounty. • 1i 1>rl ' 1 1: • 1 t -MI, 1 " • 1 ri 1 1 W I I • 11 1 I A ' iI f I 1': • {)MIrttt dated December 16, 2009. `AV W 'I`Ii ES WFIEREOF, 's ex t its y _r suthp"d i�iiesentative on the day and year first above written. (SEAL) DANNY L..KOLHAGE, Deputy i . "1 1 M ! I kyj I w OF ! WELLIAMP.' ' C 'I • , • i f i 1' Date: APA M : a r'q r •r low - Senior Center Concrete Spalling Repair Page isT AMENDMENT TO CONTRACT FOR PROFESSIONAL SERVICES BETWEEN • AND ARCHTIECT/ENGI NEER This First Amendment to • (herein after "Amendment") between Owner and Arch itect/Enginee r 1; -#�i ip�ffdaAA-2 CW1 ("Owner" or "County") and William P. Horn Architect, P.A. ("Architect/Engineei") is made and entered • this 2()th day of November, 2013, in order to amend the • as follows: &M 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 specc • and WHEREAS, the parties endeavored in a few projects under this Continuing Contract including but not limited to the Development of Higgs Beach Park Master Plan; and years commencing • the ►. • the contract, with options for the Owner to renew • an annual •. for two additional one year periods; and for other good and valuable consideration, the sufficiency of which hereby acknowledged, the Owner and the Architect agree as follows: wo- # cum. V*74 ARAJW.V.� A44190iffol INA111 0 it. 0 1 0 1 1 # . 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 publis the County's name and give a general description of the work provided by the Architect fo the purpose of informing other clients and potential clients of the Architect's work experience and quacations. b) Should the County receive a request for documents pursuant to Chapter 119, Florida Statutes, Architect shall cooperate with the County to factate 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 Pub Records request shall be grounds for immediate unilateral cancellation of this Mi I 917M�a� 3. In all other respects, the original Continuing Contract dated December 16, 2009 remains unchanged. 1,2111011111iii2i I MR222�W111!1111 I & r-i'6prpsentative on the day and year first written above. .(SEAL Attest: �MY HEAVILN, CPA, Clerk 6y. V % V.- Deputy Clerk WITNES A tect's . atur B 4WITNESSiSig'Flature PWAA J-. 41 feat/ ,so Print Witness Name BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, F A By: ARCHITECT By: z "Ga William P. Horn Architect, P.A. MONROE COUNTY ATTORNEY A I ' --'A 0 V S TO I ( M: - ?�e-2 W i\jXi!LEE �AsSISTANT COUNTY ATTORNEY Date // -,?- _=-420J- CONTRACTFOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECUENGINEER THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT/ENGfNEER (the "Contract" or "Agreement") is made and entered into by Monroe County ("Owner" or "County"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, its successors and assigns through the Monroe County Board Of County Commissioners ("BOCC"), and William P. Horn, Architect, P.A, the ("Architect")., whose address is 915 Eaton St. Key West, FL 3304 , its successors and assigns. This contract shall be effective on the date of execution by the last party signatory to the contract. T'his 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 ten-ns and conditions applicable to that specific contract. Architect will be 44Kt""Illiey zat WsAewimAct��`�'Wet arutfif, have signed a continuing contract. 191111 1111 00 114*1 [tart I �&*J ILV EIC-bV I aggs a .t. Wg tgr_ jtitVL gmtio-cs foor Ojgiw tig 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 from the terrns of the z shall take precedence. The separate contract will contain its specific scope of work and it 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 weements stated herein an fbi 1 f mi iii i ke sufficie-Y -W ialuile ci r IM IV,-..77J 041�Az N I MQ 30 Eel 11ratISUMN I LVMMRW -]Dipcx-cv. - Ting express representations ana warranties to the Owner: 1.1.2 The Architect shall maintain all necessary licenses, permits or other rfjccw-��4�0 �-Y—dW6—ej y t* 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 specc Project. 1.1.4 The Architect shall prepare all documents required by this Contract including, but not 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 accomplish the !aurposes of lil P011111 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 by law with regards to his performance and those directly under his employ as Architect of Record. 1.1.6 The Architect's services shall beperformed 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 b 'I 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, ordinances. rules and regulations shall constitute a watexal '��re � ' * . u. snail entifFeTffe—(—_,F ",1176—fe—r—minate flus agreement immediately upon written notice of ten-nination to the Architect. P-MINNIB"kILty li" 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, details, components, materials, equipment, and other information necessary for construction. The Design for Construction shall be 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 furnished 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 under F.S. 287.055 (2)(g). 2.2.2 The Architect shall review with the Owner and Monroe County Project Management Department's proposed site use and improvements, required permits, zonin & selection of materials. building systems and e(iuit)ment: and method of Proiect to 14 1 VIVJ F� 2.2.3 The Architect shall review with the Owner and Monroe County Project Project. requirements, the Architect shall prepare, tor approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship • • components. 2.2.6 The Schematic Design must be approved in writing, by the Owner prior tit Architect continuing to the Design Development Phase. .• completion of the Design Development Phase, the Architect shall provide drawings, outline specifications and other f• for the Owner's approval and the Monroe • Project Management Department's information. The Architect shall provide an estimate of anticipated • in accordance with the design development • 2.3.2 The Design Development Documents must be approved in writing, by the Owner prior to Architect continuing to the Construction Documents Phase. 2.4.1 The Architect shall provide Drawings and Specifications for the Owner's and the Monroe County Project Management Department's review. 2.4.2 The Architect shall assist the Owner and Monroe County Project Management Department in the preparation • the necessary bidding information, bidding • the Conditions of Contracts, and the forms of Agreement between the Owner and the Contractors. 2.4.3 The • construction documents (plans, specifications, etc.) will conform to all written codes and regulations • the federal +• county, state, municipalities, agencies and state departments, in effect at the date ♦ this Agreement, and shall be of such completion as to receive all pen -nits when applied for. If permits arc 0 denied, then the Architect will conform the construction documents in such manner to receive permits upon such plans. Work required from the Architect to conform 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. MANIMI , 0 a Tt - - 0 1:11 6:111111111 1'', 11 l i I 1 -1 omp •FLYSTLEW rtrcllsr, TMATTITTRY-WiTur Project Management Department in obtaining bids or negotiated proposals and assist 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. 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. The 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. 7VrMT,;,;7#TX. 11711M V*4_.S 110L conlorm ine 1,111 Documents. # MOM ®R M 0 Now. I I I I wl I t-1 I a 11% 1 lei I wom. I a I a_jayj It MGM= Management Department for the Owner's approval and execution in accordance with the Contract Documents. 2.6.6 The Architect shall promptly provide appropriate interpretations as necessary• 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. "Ik of Final Completion. OW11 I 14 V MU) a I I I I I F-j a I I lid 111.4 ;kill I I mons I sui W4 I vIVAIII-%M1111 skill 1" of -t - 4 0 2.6.11 The Architect shall render written decisions within a reasonable time on -all claims I dis i utes or other matters i jW WJ it WK; (--r UNIRMUT Immol-Rej to -PI IoNg a I I III I Eli-KOKII It Ifi off I is - 61 1 . I I 1 W;4ffil 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 • 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 • of, the design or construction of the project. I I ;Iiiii 1111111!111 11 111 MOMMOM-trib-Z 2.6.18 The Architect shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Architect or its consultants, or !► 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 • paid • 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 • and as follows: I A. Providing services of Architect for • 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 n customarily furnished in accordance with generally accepted consulting practice. I 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 • 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 and sequential progress of the Architect's services. However, the parties acknowledge that due to Monroe County Policy, Ordinances or State or Federal Statute there may be times when a decision must be made by the BOCC, in which case any delay shall not be ,?ttributed to Monroe County or its representative. � ;; IT." i I # , # , W 1111ii � I = Noim, I MUTULErnent 11yepa-tMent LIT tnt;_NMTRX=MI we oi LOCTIr falit or UFYV= 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 determiriing 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 of 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 and all claims for bodi ly 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, or by reason of services provided by the Architect or its of the Architect, their employees, or agents. 6.2 The first ten dollars ($10.00) of remuneration paid to the Architect is for the indemnification provided for above. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Architect, the Architect agrees and warrants that he shall hold the County harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the County's behalf. 6.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Architect's failure to purchase or maintain the required insurance, the Architect shall indemnify County from any and all increased expenses resulting from such delays. Should any claims be asserted against County by virtue of Architect agrees and warrants that Architect hold the County harmless and shall indernnify it from all losses occurring thereby and shall further defend any claims or z.ction on the County's behalf. 6.4 The extent of liability is in no way limited to, reduced or lessened by the insuran requirements contained elsewhere within the Agreement. i 6.5 This indemnification shall survive the expiration or early termination of the Agreement. 7.1 PERSONNEL The Architect shall assign only qualified personnel to perform any service concerning the project. ARTICLE VIII 8.1 PAYMEAT IN� 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 fic 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. 8.3.2 AVAILABILITY OF FUNDS. If funding cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures fo services specified in this Contract or in the separate contracts for individual projects, t agreement may be terminated immediately at the option of the County by written noti of termination delivered to the Architect. The County shall not be obligated to pay for an 6mservices irovi b the Architect a6i e,4x6.itect �,,as receiveckirr,tte-f rf *tic (11 well# - film,1111WRD11 IkI10 110711 EIFA K111M 8.3.3 The County does not guarantee Architect any specific amount of work or contracts und r z: ipr-j�-rm(i ftr �*' project awarded to the Architect by the County. The specific services to be perform 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' , charges and payment conditions, and additional terms and conditions applicable to th specific contract. Architect will be chosen pursuant to County policy and work will'] b distributed among all contractors who have signed a continuing contract. 8.3.4 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. mm"UNKAKI 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 mediation, dispute conferences or litigation arising under this contract must be in Monroe County, Florida. The Parties waive their rights to a trial by jury. ARTICLE X 10.1 OWNERSHIP OF THE PRELIMINARY DESIGN AND THE 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 Awl, mi 4e "'Wili sw '46 'Awfli of-wi 61 11 4TJX1J01J---,-A3(L iVLnZ;r rosel-Tel 111YUS, MMTVMI� uPprouTudic cuples, 1i in 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 or for similar purposes in connection with the project is not to be construed as publication in derogation of the Architect's reserved rights. IWO 10.1.3 The As -Built drawings and specifications may be filmished by the Architect to the S"wner in electronic format in addition to the original As -Built documents. Z 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. WHIRMM] I 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 J J?_V.JFJ,LT_kJ J'E U1,P_F�VJJ1FVJL_CJ_1J'L-T III *MtW*MA'JlJ l"Malt;WD I - I !I mr-11VAlfull 1110mill d[RIMEM VA4 tilt! a allow TIM 61 Lff- 'A�WKMKLWLI, lot, 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 relationshiv of its employees to the County shall be that of an independent contra it- I "M a9 a• mmal "2111114�1 1 1 ARTICLE XIII 13.1 INSURANCE 13.1.1 The Architect shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. Professional Liability Insurance shall also be maintained as specified. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Architect's failure to [I] Ck-urchase or maintain the required insurance, the Architect shall indemnify the County from any and all increased expenses resulting from such delay. 13.1.2 The coverage provided herein shall be provided by an insurer with an A.M. 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 contain an endorsement providing thirty (30) days notice 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. B. Employers Liabty Insurance with limits of $ 100,000 per Accident, $500,0CW1,' Disease, policy limits, $100,000 Disease each employee. I C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non -owned vehicles, with One Hundred 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 tm;, public or damage to property of others arising out of any covered act omission of the Architect or any of its employees, agents or subcontractors subconsultants, including Premises and/or Operations, Independe Contractors; Broad Form Property Damage and a Contractual Liabili 11 Endorsement dre with Five Hund o Thusand o Dllars ($500,000.00) p occurrence and annual aggregate. E. Professional liability insurance of Five Hundred Thousand Dollara (S500,000.00) per claim and One Million Dollars ($1,000,000.00) annual aggregate. If the policy is a "claims made" policy, Architect shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. County shall be named as an additional insured with respect to Architect's liabilities hereunder in insurance coverage identified in Paragraphs C and D. G. Architect shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of Architect if so required by County during the term of this Agreement. County will not pay for increased limits of insurance for subcoriv*&-es-. UN H. Architect shall provide to the County certificates of insurance or a copy of all insurance policies including those naming the County as an additional insured by including any subsection thereunder. The County reserves the right to require a certified copy of such policies upon request. ■ I 121 1140 119 14.1 Either party hereto may terminate this contract prior to expiration upon giving seven (7) days written notice to the other in the event that such other party negligently or for any reason substantially fails to perform its material obligations set forth herein. No termination expenses shall be paid by the Owner after the date of notice of termination. 14.2 The Owner may terminate this Contract without cause by giving the other party sixty (60) days written notice of its intention to do so. Termination expenses shall include expenses available under the contract through the date on the notice of 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 • ARTICLE XV ENTIRE AGREEMENT 15.1 This contract constitutes of the form of agreement, the exhibits that are attached and made a part of the contract, and the documents referred to in the form of agreement as a part of this contract. In the event any conflict between any of those contract documents, the one imposing the greater burden on the Architect will control. conviction MY p0m; Unutj UTTMU May HUL 5'1JVHM-L-"-U0-1 UUMFULA LISPF*T110 U-1y 64111 or services to a public entity, may not • a bid on a contract with a public entity for the property to public entity, may not be awarded or perform work as a II] I 6110il MNEM on 161111 M#1 I VM 1-till UND M M-MUUWMd- J!Jatii it 11 V E 16.1 County and Architect agree that all disputes and disagreements shall first be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be submitted to mediation before a mediator IN 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 equitab+% (■ by either •. Request for mediation shall be in writing and sent to the *ther party. The parties shall agree on a mediator to hear the dispute. �JlIgI, 'Jill III l�I I III irom any coil institution of legal or equitable proceedings. WINA14141111WOURW. U 6 0 ARTICLE XVII Additional Reguirements a) Architect shall maintain all books, records, and documents directly pertinent performance under this Agreement in accordance with generally accepted accounti principles consistently applied. Each party to this Agreement or their authoriz representatives shall have reasonable and timely access to such records of each oth lwi�M to this Agreement for Ccublic records fiwWses durin_tcY�-L4Aqiw�wy 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 thl monies ♦'' with interest calculated pursuant to F.S. Sec. 55.03, running from th- date the monies were paid to County. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or �— appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to a trial by jury. The County and Architect agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by ir between any of them the issue shall be submitted to mediation prior to the institution M, 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 1,mi-y the pr,�vailing ioartgp 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, condons, 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 �,nto 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 *f this Agreement, County and Architect agree to participate, to the extent required by th%-, S1 • party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Architect specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. Architect and County agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court • 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 • 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 • 1972, as amended (20 USC ss. 1681-1683, and 1685-1696), 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 1 6. 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 • alcohol abuse • alcoholism; 7) The Public Health Service Act • 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 1"k• relating to nondiscrimination in the sale, rental or financing of housing; • The I mericans with Disabilities Act of 1990 ,142 USC s. 1201 Notei as mapbe amended from time to time, relating to nondiscrimination • the basis • disability; 10) Any • nondiscrimination provisions in any Federal • state statutes which may apply to the parties to, or the subject matter of, this Agreement. k) Covenant of No Interest. Architect and County covenant that neither presently has any interest, and shall not acquire any interest, which would • 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) •" of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers • 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 • public position, • employment or contractual relationship; and • or use • certain information. m) No Solicitation/Payment. The Architect and • warrant that, in respect to itself, it has neither employed nor retained any company or person, other than —.? bona fide employee working solely for it, to solicit or secure this Agreement and that i! 11M r) Non -Reliance by Non -Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the Architect and the County agree that neither the Architect nor the County or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual ► group of individuals, entity VA or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. S) Attestations. Architect agrees to execute such documents as the County may reasonably require including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. t) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or -besub-ect to any personal liability or accountability by reason of the execution of this Agreement. U) Americans with Disabilities Act of 1990 (ADA). The Architect will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the Architect pursuant thereto. V) Disadvantaged Business Enterprise (DBE) Policy And Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Architect agree to ensure that is have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and the Architect and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. w) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. X) Section Headings, Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duty authorized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By: Deputy Clerk Mayor/Cliairman" Date: DEC 1 6 Z009 LIXA K I ("INSERT NVAof Architect) By Sign re of Corporate �Agent P, &Ilp Print Name ofForpprate Agent 40 Date: -n C= rn CD WITNESS TO Architect's ature: Archit ect's -q C) ;Q By°eT �p ---):X t %C-s G, S -'� -0 a e WITNESS Si at re VVI-- M NpTC-) ..........au o C) U A vwe-& '. L zw..; �0 Print Witness rint Witness Name Date: �2- -7Z�o IE Insurance Requirement General Liability ?JI)FTT%W,qFA"I • SUBCONSULTANTS UXWWr#33RflW Reguired Limits U M ZT "969 VKPITIPTITtl Aggregate The Architect/Consultant covenants and agrees to indemnify, hold harmless and defelt Monroe County, its commissioners, officers, employees, agents and servants from a-rL9 and all claims for bodily injury, including death, personal injury, and property darnag including property owned by Monroe County, and any other losses, damages, expenses of any kind, including attorney's fees, court costs and expenses, which anise o of, in connection with, or by reason of services provided by the Architect or Consult or any of its Subcontractor(s) in any tier, occasioned by the negligence, effors, or oth wrongful act or omission of the Architect/Consultant, including its Subcontractor(s) i any tier, their officers, employees, servants or agents. IRA 11741011tlf gas= W owl - WI-141 1 Fa! COUNTY by virtue of any deficiency or iguity 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. W The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. �r parjjp1 1if t: RESPONDENT'S. STATEMENT/ I understand the insurance that will be mandatory if awarded t contract and will comply in full with all the requirements. Respondent SignaCre MI I have reviewed the above requirements with the Architect named below. The followin!FA deductibles apply to the corresponding policy. POLICY VV Ve i -c- f e- i i Liability policies are • Insurance Agency 0 0 —Claims Made Signature Print Name: 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.(.,) OfJe 4 I'W () rlmty�=_ 41 • The Response Form C/ • Lobbying and Conflict of Intefest Clause, • Non -Collusion Affidavit V • Drug Free Workplace Form • Respondent's Insurance and Inde • Insurance Agent's Statement 5nification Statement • Professional and Occupational Licenses (.) 11191111911F 111111111 R11531111111ill EM= L "4 J4-?APJ14AoA 1ALIVIZOA) , /,01JPA 06Z - 414f^6f-< (Check mark items above, as a reminder that they are included.) f Telephone: -2-f..old F11M wim Fax: Ild-10 3 3 1;1loss (Seal) NOTARY PUBLIC-STP_rE OF YLOMDA David W Gangwisch 10",-.Commission # DD603253 OCT 08, 2010 &IAN11C BONDING COJ"r- w MONROE COUNTY, FLORIDA ETHICS CLAUSE Fj ... warrants that he/it has not employed, retained or otherwise had act on his/its 2.1,E 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 C 'unt y, in its discretion, 10 Yee I terminate this Agreement without liability and may also, in its di - �taion deduct from the Agreement or purchase price, or otherwise recover, the 11 amount of any fee, commission, percentage, gift, or consideration paid to tbfolrmer County officer or employee". (Signat-L61' Date: 7 COUNTY OF: aoL,� e Subscribed and sworn to (or affirmed) before me on (date)by 6VvA7-M (name of affiant). He/She is personally known to me or has produced - as identification. (type of identification) NOTAU PUB LIU My commissio 01P pg'(WIWIR� " 1 , - .0,0Ppl Coe(:S. OB) . 0 1 C-0-- Wil K, 9. NU �. The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: k1WtV1h Po l4g4P A6G_, (Name of Business) 00 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. rehabilitation5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or _ or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace throu implementation of this section. i As the person authorized to sign a statement, I certify that this firm complies fully with the above requirements. I Respondent's Signature /i /7 L ate 25 I, &J-1w1r1 )0- of the city o� kehl krz-,� according to law on my oath, and under penalty of per'Jury,"d-ep-ose an7d say' that: I am tyltbm rn e, don P ofthefirmof the bidder making the Proposal for the project described in the Request for Qualifications for: C LX2rIWJ1J A.14 ZeS 49t!�4� Fid 89EA;15�t and that I executed the said proposal with full authority to do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made by the bidder to induce any other person, partnership or corpor tion to submit, or not to submit, a bid for the purpoo se f restricting co� tion; r? , 5. the statements contained ur this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this afflIdAvit in awarding contracts for said project. (Signature of Respondent) 44( aite) STATE OF: COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, 4ZZ41" who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this //'PZ"day of ]0007 &e-,-�el-- 206719 NOTARY PUi� My Commission y pvw re dd GangwIsch 65sjoa # UD603253 tcow oa 08 2010 wiles, C BI)NDING iNc. RONUM -UMC ATI-NN 961 • The Architect/Consultant covenants r• agrees to indemnify, hold harmless and defe • Monroe County, its commissioners, officers, employees, agents and servants from a and all claims for bodily injury, including death, personal injury, and property dama W including property owned by Monroe County, and any other losses, damagLes, kind includin attorney's eAs, court costs and exxenses w of, in connection with, or by reason of services provided by the Architect or Consult or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or oth wrongful act • omission of the Architect/Consultant, including its Subcontractor(s) any tier, their officers, employees, servants or agents. I In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Architect/Consultant's failure to purchase or maintain the required insurance, the Architect/Consultant shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the Architect/Consultant, the Architect/Consultant agrees and warrants that Architect/Consultant shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall fiu-ther defend any claim or action on the • 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 liability is in no way limited to, reduced, or lessened by the insurance • contained elsewhere within this agreement. FIRM! , IP TM'ffliffli I III 1 111111111111111 11 1 111IM"J= W RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if award th, contract and will comply in full with all the requirements. Respondent Signature WA lwqno I [�% Monroe mojv nViJ WILLIAM P. HORN ARCHITECT, p.ARECUVED BY A A 0003 040 915 EATON STREET, KEY WEST. FLORIDA 33040 PHONE: 305-296-8302 FAX: 305-296-1033 Date: 11/20/09 To: Jerry Barnett Facilities Development Coordinator Monroe County Re: our Rates Annual Contract Dear Mr. Barnett, Architect $130.00/hr Intern Architect $ 1 00.00/hr Draftsperson $85.00/hr Structural Engineer $150.00/hr MEP Engineer $125.00/hr I U-i ;� M LIA 19 M ij!4 I j 1.1- Please call if you have any questions. We are looking forward to working; with you. I William P. Horn, Principal