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Item D02
County of Monroe <r BOARD OF COUNTY COMMISSIONERS � Mayor David Rice, District 4 IleOI1da Keys ��x t t 0. Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District I P f,< George Neugent, District 2 a Heather Carruthers, District 3 County Commission Meeting May 16, 2018 Agenda Item Number: D.2 Agenda Item Summary #4108 BULK ITEM: Yes DEPARTMENT: Project Management / Facilities TIME APPROXIMATE: STAFF CONTACT: Ann Mytnik (305) 292 -4439 N/A AGENDA ITEM WORDING: Approval of a third amendment to the agreement with William P. Horn Architect, P.A. for post construction inspection services in the amount of $13,900.00 at Bernstein Park. This is funded by the one -cent infrastructure tax. ITEM BACKGROUND: The aftermath of Hurricane Irma created uncertainties of the final construction and repairs of the building and grounds at the new Bernstein Park in Stock Island. Staff desires a complete inspection of the building and grounds to include structural engineering, mechanical, electrical, plumbing inspections, landscaping and irrigation inspections, and civil engineering to include drainage, and underground water and sewer connections. PREVIOUS RELEVANT BOCC ACTION: October 16, 2013 BOCC approved an Agreement for Professional Services with William P. Horn Architect, P.A., for the Redevelopment of Bernstein Park. April 16, 2014 BOCC approved to include a community building of up to 5,000 sq. ft. to the park redevelopment design. June 11, 2014 BOCC approved a First Amendment to the Agreement to increase his Consultant's fee due to the significant increase to the design. January 18, 2017 BOCC approved to increase the Consultant's fee again based on the significant actual cost of construction. The contract required the County to adjust the fee based on the actual construction cost upon completion of the project, but opted early to adjust the fee due to its significance. CONTRACT /AGREEMENT CHANGES: Closeout inspections STAFF RECOMMENDATION: Approval as stated above. DOCUMENTATION: EXECUTED NOTARIZED AND STAMPED Bernstein- 3rd Amendment for Wm. Horn (5 8 18) Horn Bernstein 2nd Amendment Horn 1 st Amend Horn - Bernstein Park Agreement Trfecta Approval Bernstein FGBC Automobile Liability General Liability Workers Comp Professional Liabiliiy FINANCIAL IMPACT: Effective Date: 05/16/18 Expiration Date: Total Dollar Value of Contract: $544,346.00 Total Cost to County: $544,346.00 Current Year Portion: $17,188 (not including FGBC) Budgeted: Yes Source of Funds: 314 25004 560630 CC1603 530310 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: If yes, amount: Yes. 05/16/18 314 -25004 - CULTURE & REC FUND 314 $13,900.00 CC 1603 REVIEWED BY: Cary Knight Completed 05/01/2018 10:52 AM Patricia Eables Completed 05/01/2018 11:54 AM Budget and Finance Completed 05/01/2018 1:53 PM Maria Slavik Completed 05/01/2018 2:00 PM Kevin Wilson Completed 05/01/2018 2:40 PM Kathy Peters Completed 05/01/2018 3:20 PM Board of County Commissioners Pending 05/16/2018 9:00 AM MME WITNESSETH WHEREAS, On October 16, 2013, the parties entered into an Agreement for Professional C. Services for the Redevelopment of Bernstein Park on Stock Island to include the raising of the field by 18" to 24, add new restrooms, sports fields and courts, playground equipment, walking track, storm water retention system, and removal of a dwelling unit; and WHEREAS, On April 16, 2014, the Monroe County Board of County Commissioners approvoi to include a community building of up to 5,000 sq. ft. to the park redevelopment design; and C:1 WHEREAS, On June 11, 2014, the Monroe County Board of County Commissioners approved a First Amendment to the Agreement to increase the Consultant's fees due to the significant increase of cost «4< »w ::. lity of the redevelopment project by the addition of the community increase fees from $166,443.00 to $339,545.00)_� Redevelopment of Bernstein Park 1. In accordance with Article 111, paragraph 3.2 Project Representation Beyond Basic Services, the Consultant shall provide extensive representation at the site to include the following: 2. All offier terms and conditions of this Contract shall comply with the Agreement for Professional Services dated October 16, 2013, and as amended on June 11, 2014, and January L. 2017, which shall be made a part of this contract as if written herein in its entirety. 2 Redevelopment of Bernstein Park IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment t :231 date stated above. Execution by the Architect must be by a person with > §o §< to bind % >« m w 0 MOM 0 M M ZT <a« (SEAL) Attest: Print Name: (SEAL) ANAIS A ORP.ACA MY COMMISSION S FF215654 - ' EX , V PIRES March 31, 2019 'Cl , �407, z3 nordallowyse-ice.row " e» t \ \� �� � \ \ \� \ \ \ �� w «» 2> « � ■\ ■ « , -, » <� � , PAfRIbJA EABLE-3 ASSISTANT COUNTY A DATE: N SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES for Monroe County Redevelopment of Bernstein Park THIS SECOND AMENDMENT (hereinafter "AMENDMENT ") to the AGREEMENT BETWEEN OWNER AND ARCHITECT/ENGINEER ( "AGREEMENT ") for the Redevelopment of Bernstein Park, entered into between MONROE COUNTY ( "COUNTY ") and WILLIAM P. HORN ARCHITECT, P.A. ( "CONSULTANT ") is made and entered into this day of January, 2017, in order to amend the AGREEMENT, as follows: WITNESSETH WHEREAS, on October 16, 2013, the parties entered into an Agreement for Professional Services for the Redevelopment of Bernstein Park on Stock Island to include the raising of the field by 18" to 24 ", add new restrooms, sports fields and courts, playground equipment, walking track, storm water retention system, and removal of a dwelling unit; and WHEREAS, on April 16, 2014, the Monroe County Board of County Commissioners approved to include a community building of up to 5,000 sq.ft. to the park redevelopment design; and WHEREAS, on June 11, 2014, the Monroe County Board of County Commissioners approved a First Amendment to the Agreement to increase the Consultant's fees due to the significant increase of cost and complexity of the redevelopment project by the addition of the community building; and WHEREAS, the First Amendment adjusted Consultant's fees based on an estimated construction cost of $4,900,000.00 and using the Fee Guide Calculator provided by the State of Florida, Department of Management Services for Architectural and Engineering Services Group "D" Complexity for construction resulting in the Consultant's fee of $339,545.00; and WHEREAS, on July 31, 2014, Debbie Frederick, as Deputy County Administrator, on behalf of Roman Gastesi, County Administrator, authorized by Memorandum a lump sum fee of $26,000.00 to be paid for the additional services required for the design, development, and certification through the Florida Green Building Coalition of the community building for inclusion in the park redevelopment design pursuant to a proposal of Trifecta dated July 21, 2014, directed to Consultant; and 1 Redevelopment of Bernstein Park WHEREAS, in accordance with the original Agreement dated October 16, 2013, Article VIII paragraph (A), a final adjustment of the Consultant's fee will be made when construction is complete; and WHEREAS, the actual contract cost for construction was awarded to the Contractor, Burke Construction Group, Inc., for $7,921,975.00, which is approximately 61.6% greater than the estimated cost. A fee adjustment for the Consultant prior to completion of the project is being considered due to the aforementioned significant increase; now, therefore, IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. Article VIII Paragraph 8.2.1 (A) shall be revised to read as follows: An actual construction cost of $7,921,975.00 shall be used for the Fee Guide Calculator provided by the State of Florida, Department of Management Services for Architectural and Engineering Services. Group "D" Complexity for Construction that is Average Complexity shall be used which establishes a percentage of 6.71% of the Construction Cost resulting in the Consultants fee of $531,946. This Second Amendment to the Agreement hereby increases Consultant's fee by $192,401, from $339,545 to $531,946 as itemized below: a) Schematic Design 15% $79,791.90 b) Design Development Phase 30% $159,583.80 c) Construction Documents Phase 35% $186,181.10 d) Bidding or Negotiation Phase 5% $26,597.30 e) Construction Administration 15% $79,791.9 0 2. Article XV, Paragraph 15.16 shall be revised as follows with the "Consultant" referred to herein also as "Contractor" for this provision only: Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this 2 Redevelopment of Bernstein Park provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119. 10, Florida Statutes. 3 Redevelopment of Bernstein Park The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119 FLORIDA STATUTES TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305- 292 -3470 BRADLEY- BRIAN @MONROECOUNTY - FL.GOV MONROE COUNTY ATTORNEY'S OFF 1111 12 Street SUITE 408 KEY WEST FL 33040. 3. All other terms and conditions of this Contract shall comply with the Agreement for Professional Services dated October 16, 2013, and as amended on June 11, 2014, which shall be made a part of this contract as if written herein in its entirety. WHEREOF, the parties hereto have executed this Amendment on the date stated by the Architect must be by a person with authority to bind the entity. ADOK, CPA COURT & COMPTROLLER _ Deputy Clerk. Date: _ a (SEAL) Attest: Witnesses for Contractor: NI naitzr MONROE COUNTY ATTORNEY'S OFFICE Print Name Date APPO YED AS TTO F PATRICIA EABLES ASSISTANT COUNTY 9NEY DATE: Redevelopment of Bernstein Park 4 STATE OF FLORIDA COUNTY OF On this day of 2016, before me, the undersigned notary public, personally appeared . known to me to be the person whose name is subscribed above, or who produced as ids nl ii €ttion, and acknowledged that he /she is the person who executed the above Second Amcn(fiment to Agreement with Monroe County for Professional Services for the Redevelopment of Bernstein Park for the purposes therein contained. )TARY PUBLIC ANN M. MYTNIK Notary Public • State of Florida My Commission expires: : rg Commission N GG 009808 y Comm. Expires Jul 24, 2020 Atlliiti Redevelopment of Bernstein Park FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES for Monroe County Redevelopment of Bernstein Park THIS FIRST AMENDMENT (herein after "AMENDMENT ") to the AGREEMENT BETWEEN OWNER AND ARCHITECT/ENGINEER ( "AGREEMENT ") for the Redevelopment of Bernstein Park, entered into between MONROE COUNTY ( "COUNTY ") and WILLIAM P. HORN ARCHITECT, P.A. ( "CONSULTANT ") is made and entered into this 1 l day of June, 2014, in order to amend the AGREEMENT, as follows: WITNESSETH WHEREAS, On October 16, 2013, the parties entered into an Agreement for Professional Services for the Redevelopment of Bernstein Park on Stock Island to include the raising of the field by 18" to 24 ", add new restrooms, sports fields and courts, playground equipment, walking track, storm water retention system, and removal of a dwelling unit; and WHEREAS, On April 16, 2014 the Monroe County Board of County Commissioners approved to include a community building of up to 5,000 sq.ft. to the park redevelopment design; and WHEREAS, The inclusion of a community building to the redevelopment design will significantly increase the cost and complexity of the project; now therefore IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. Article VIII Paragraph 8.2.1 (A) shall be revised to read as follows: An estimated construction cost of $4,900,000 shall be used for the Fee Guide Calculator provided by the State of Florida, Department of Management Services for Architectural and Engineering Services. Group "D" Complexity for Construction that is Average Complexity shall be used with establishes a percentage of 6.93% of the Construction Cost resulting in the Consultants fee of $339,545.00. 2. PUBLIC RECORDS "Pursuant to F.S. 119.070 1, Consultant and its sub - consultants shall comply with all 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. 1 Redevelopment of Bernstein Park (b) Provide the public with access to public records on the terms and conditions that Monroe County 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 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 Monroe County all public records in possession of the contractor 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 Monroe County in a format that is compatible with the information technology systems of Monroe County. 3. All other terms and conditions of this Contract shall comply with the Agreement for Professional Services dated October 16, 2013, which shall be made a part of this contract as if written herein in its entirety. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date stated by the Architect must be by a person with authority to bind the entity. VILIN, CPA COURT & COP Deputy Clerk Date BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, F ORlDA By: Ma or /Chairman ARCHITECT WILLIAM P. HORN ARCHITECT, P.A. MONROE COUNTY ATTORNEY PPROVEL) ]all ORM I# t ILEENE W CASSEI_ ASSISVNNT COUNTY ATTORNEY STATE OF FLORIDA ate.... COUNTY OF On this day of 192 "4. 4 , 2014, before me, the undersigned notary public, personally appeared _ . ,011) -__ known t me to be the person whose name is subscribed above, or who produced r ' t >` a [E —as identification, and acknowledged that he /she is the person who executed the above Contract with Monroe County for Professional Services for the Redevelopment of Bernstein Park for the purposes therein contained. � KHURSHIDA GULYAMOVA NOTARY PUBLIC MY COMMISSION #FF096419 EXPIRES: FEB 26, 2018 Bonded through 1 st State Insurance My Commission expires: 2 Redevelopment of Bernstein Park DATE: November 1, 2013 TO: David Hill, Director Project Management ATTN: Ann Riger FROM. • Vitia Fernandez, D. C. oow� �R$ At the October 16, 2013, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item C16 Professional Services Agreement with William P. Horn Architect, P.A. for the Monroe County Redevelopment of Bernstein Park. The Redevelopment will be funded through the one cent infrastructure sales tax. Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions, please feel free to contact our office. cc: County Attorney Finance File 500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 - 295 -3130 Fax: 305 - 295 -3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax: 305- 289 -6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146 Packet Pg. 1034 AGREEMENT FOR PROFESSIONAL SERVICES for Monroe County Redevelopment of Bernstein Park This Agreement ( "Agreement ") made and entered into this 16 day of October, 2013 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners (`BOCC "), and William P. Horn Architect, P.A., a Corporation of the State of Florida, whose address is 915 Eaton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "CONSULTANT ", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for the Redevelopment of Bernstein Park on Stock Island, Monroe County, Florida. The park is subject to flooding both from heavy rain and when tides are very high, which limits its use. The Redevelopment options shall include raising the level of the entire field by 18" to 24 ", add new restrooms, baseball field, soccer field, basketball court, playground equipment, and a walking track; and include a storm water retention system and removal of the existing dwelling unit. Bernstein Park is approximately 6 acres in size. Final park uses and features will be clarified and/or revised by County staff. WHEREAS, CONSULTANT has agreed to provide professional services which shall include providing a cost estimate for the redevelopment of the park, and raising the elevation, and providing all design drawings and bid support service through Construction Administration services. Consultant's attendance at public meetings including BOCC and Park and Recreation Board meeting's, may at times be required. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: Redevelopment of Bernstein Park 1.1.1 The CONSULTANT is professionally qualified to act as the CONSULTANT for the Project and is licensed to provide the designated services by the State of Florida having jurisdiction over the CONSULTANT and the Project; 1.1.2 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.3 The CONSULTANT has become familiar with the Project sites and the local conditions under which the Work is to be completed. 1.1.4 The CONSULTANT shall prepare all documents required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in the subsequent implementation phases and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional cost due to missing or incorrect information; 1.1.5 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.6 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The CONSULTANT shall submit, for the COUNTY'S and its representative's information, a schedule for the performance of the CONSULTANT'S services which may be adjusted as the Project proceeds if approved by the COUNTY, and shall include allowances for periods of time required for the COUNTY'S review, and for approval of submission by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the COUNTY may not be exceeded by the CONSULTANT except for delay caused by events not within the control of the CONSULTANT or foreseeable by him. The sole remedy for delay shall be an extension of time. 1.1.7 CONSULTANT is an independent contractor under this Agreement. Services provided by CONSULTANT shall be subject to the supervision of CONSULTANT. In providing the services, CONSULTANT and its agents shall not be acting and shall not be deemed as acting as officers, employees, or agents of the COUNTY, nor shall they accrue any of the rights or benefits of a COUNTY employee. ARTICLE II SCOPE OF CONSULTANT'S BASIC SERVICE 2.1 DEFINITION 2.1.1 CONSULTANT'S Basic Services consist of those described in Paragraphs 2.2 through 2.8, and other services identified as part of Basic Services, and include normal consulting services to Redevelop Bernstein Park on Stock Island, and complete the 2 Redevelopment of Bernstein Park Project. The CONSULTANT shall commence work on the services provided for in this Agreement promptly after approval of the Monroe County Board of County Commissioners. 2.1.2 The Design for Construction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Design for Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the County. The Consultant shall be responsible for designing the Project in accordance with the analysis and recommendations of the geotechnical information furnished. 2.1.3 Consultant services shall include, but not be limited to: Preparation and completion of the design program for space requirements and relationships, schematic design, design development, preparation of contract documents for bids, assist in the preparation and advertisement for Request for Bids, attendance at the pre -bid conference, tabulation and review of bids, recommendation of contract awards, cost estimating during design and document preparation, administration of contact documents, attendance at the pre - construction meeting, consultation and on -site inspections during construction, review and recommend approval of contractor invoices, preparation and submittal of permit applications, zoning applications, a maximum of four public meetings, and two presentations to the County Commission, and drawings that result from the public meetings and presentations to Board of County Commissioners. 2.1.4 Consultant shall design any public building on the property in compliance with the Florida Green Building Standard for County Buildings as required by Resolution 147- 2010. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Consultant shall review the program, schedule and construction budget fiimished by the County to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the County. 2.2.2 The Consultant shall review with the County and Department of Project Management: proposed site use and improvements, required permits, zoning, selection of materials, building systems and equipment; and method of Project delivery. 2.2.3 The Consultant shall review with the County and the Department of Project Management alternative approaches to design and construction of the project. 2.2.4 Based on the mutually agreed upon program, schedule and construction budget requirements, the Consultant shall prepare, for approval by the County, Schematic Design 3 Redevelopment of Bernstein Park Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 At intervals mutually agreeable to the County, Department of Project Management, and Consultant, the Consultant shall provide drawings and other documents which depict the current status of Schematic Design for the County's review and the Department of Project Management's information. The Consultant shall provide an estimate of anticipated cost in accordance with the design development phase. 2.2.6 Upon completion of the Schematic Design Phase, the Consultant shall provide drawings, outline specifications, estimate of anticipated cost in accordance with the schematic designs, and other documents for the County's approval and the Department of Project Management's information. 2.2.7 The Schematic Design must be approved in writing, by the County prior to Consultant continuing to the Design Development Phase. 2.3 SCHEMATIC DESIGN PHASE REQUIREMENTS 2.3.1 The Schematic Design Phase services shall respond to program requirements and consist of preparation of: Conceptual site and building plans, preliminary sections and elevations, development of approximate dimensions, areas and volumes, concept sketches as required to explain the design intent to the County. Perspective renderings and models, if required by the County, will be billed as an additional service as billed as a reimbursable expense if that service is performed by additional consultants after the County's written approval. 2.4 DESIGN DEVELOPMENUDOCUMENT PHASE 2.4.1 Based on the approved Schematic Design Documents and any adjustments authorized by the County in the program, schedule or construction budget, the Consultant shall prepare Design Development Documents for the Department of Project Management's review and the County's approval. The Design Development Documents shall consist of drawings and other documents that establish and describe the size and character of the Project as to architectural /civil, landscaping, structural, mechanical, and electrical systems, materials and such other elements as may be appropriate. 2.4.2 At intervals mutually agreeable to the County, the Department of .Project Management and Consultant, the Consultant shall provide drawings and other documents which depict the current status of design development for the County's review and the Department of Project Management's information. The Consultant shall provide an estimate of anticipated cost in accordance with the design development phase. 4 Redevelopment of Bernstein Park 2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS 2.5.1 Upon completion of the Design Development Phase, the Consultant shall provide drawings, outline specifications and other documents for the County's approval and the Department of Project Management's information. The Consultant shall provide an estimate of anticipated costs in accordance with the design development phase. 2.5.2 The Design Development Documents must be approved in writing, by the County prior to Consultant continuing to the Construction Documents Phase. 2.6 CONSTRUCTION DOCUMENTS PHASE 2.6.1 Based on the approved Design Development documents and any further adjustments authorized by the county in the scope or quality for the Project or in the construction budget, the consultant shall prepare, for approval by the County and Monroe County Project Management, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. 2.6.2 The Consultant shall provide Drawings and Specifications for the County's and the Department of Project Management's review. 2.6.3 Upon completion of the Construction Documents Phase, the Consultant shall provide Construction Documents for the County's and Monroe County Project Management Department's approval. Once approved the Consultant shall provide the County eight (8) complete signed and sealed sets of construction drawings and eight (8) completed Project Manuals with technical specifications, saved electronically in Adobe Acrobat file (.pdf) format. Any and all files used to create the technical specifications need to be submitted saved as an Adobe Acrobat file (.pdf) format, including but not limited to; technical sections, reports such as, asbestos, geotechnical, soils, paint, and photographs. The Consultant shall provide an estimate of anticipated costs in accordance with the construction development phase. 2.6.4 The Consultant shall assist the County and the Monroe County Project Management Department in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the forms of Agreement between the Owner and the Contractors. 2.6.5 The Consultant's construction documents (plans, specifications, etc.) will conform to all written codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of their Agreement, and shall be of such completion as to receive all permits when applied for. If permits are denied, then the Architect will conform the construction documents in such manner to receive permits upon such plans. Work required from the Consultant to conform the documents to federal, state, city, county, or agency specifications and permit 5 Redevelopment of Bernstein Park requirements to allow them to be approved shall be completed at no charge or cost to the County. 2.7 BIDDING OR NEGOTIATION PHASE 2.7.1 The Consultant, following the County's approval of the construction Documents and the Consultant's latest estimate of Construction Cost, shall assist the Monroe County Project Management Department in obtaining bids or negotiated proposals and assist in preparing contracts for construction. 2.7.2 The Consultant shall assist the Monroe County Project Management Department in issuing bidding documents to bidders and conducting pre -bid conferences with prospective bidders. The Consultant, with the assistance of the Monroe County project Management Department, shall respond to questions from bidders, and shall issue addenda. 2.7.3 The Consultant shall attend a pre - construction meeting with the contractor awarded the contract for construction. 2.8 CONSTRUCTION ADMINSTRATION PHASE 2.8.1 The Consultant's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for construction and terminates with the issuance to the County of the final Project Certificate for Payment including the submission of all project closeout documents by the consultant and Contractor. The Consultant will administer the county's contract as provided for in that document. The Consultant agrees to perform a project check prior to the end of warranty period as a part of the contract. The check shall not exceed one working day unless additional time is approved by the Owner. 2.8.2 The Consultant shall at all times have access to the Work whenever it is in preparation or progress. 2.8.3 The Consultant shall, as contemplated herein and in the Construction Contract, but not otherwise, act on behalf, and be the agent, of the County throughout construction of the Project. Instructions, directions, and other appropriate communications from the County to the Contractor shall be given to the Contractor by the Consultant or Monroe County Project Management Department. 2.8.4 Upon receipt, the Consultant shall carefully review and examine the Contractor's Schedule of Values, together with any supporting documentation or data which the County or the Consultant may require from the contractor. The purpose of such review and examination shall be to protect the County from an unbalanced Schedule of Values Redevelopment of Bernstein Park which allocates greater value to certain elements of the Work than is indicated by such supporting documentation or data, or than is reasonable under the circumstances. If the Schedule of Values were not found to be appropriate, or if the supporting documentation or data is deemed to be inadequate, and unless the County directs the Consultant to the contrary in writing, the Schedule of Values shall be returned to the Contractor for revision of supporting documentation or data. After making such examination, if the Schedule of Values is found to be appropriate as submitted, or if necessary, as revised, the Consultant shall sign the Schedule of Values thereby indicating its informed belief that the Schedule of Values constitutes a reasonable, balanced basis for payment of the Contract Price to the Contractor. The Consultant shall not approve such Schedule of Values in the absence of such belief unless directed to do so, in writing, by the County. 2.8.5 The Consultant shall have authority, after notification to the Monroe County Project Management Department to reject Work, which does not conform to the Contract Documents. 2.8.6 The Consultant shall carefully inspect the work of the Contractor and shall, at a minimum, inspect work at the Project site once every other week, unless otherwise needed. The purpose of such inspections shall be to determine the quality and quantity of the work in comparison with the requirements of the Construction Contract. In making such inspections, the Consultant shall protect the County from continuing deficient or defective work, from continuing unexcused delays in the schedule and from overpayment to the contractor. Following each inspection, the Consultant shall submit a written report of such inspection, together with any appropriate comments or recommendations to the County. 2.8.7 The Consultant shall initially approve periodic and final payments owed to the contractor under the Construction Contract predicated upon inspections of the work and evaluations of the Contractor's rate of progress in light of the remaining contract time and shall issue to the County Approvals of Payment in such amounts. By issuing an Approval of Payment to the County, the Consultant reliably informs the County that the Consultant has made the inspection of the work required, and that the work for which payment is approved has reached the quantities or percentages of completion shown, or both, that the quality of the Contractor's work meets or exceeds the requirements of the Construction Contract, and that Linder the terms and conditions of the Construction Contract, the County is obligated to make payment to the Contractor of the amount approved. 2.8.8 The issuance of an Application for Payment shall not be a representation that the Consultant has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the work. (2) reviewed construction means, methods, techniques, sequences or procedures. (3) reviewed copies of requisitions received from Subcontractors and materials suppliers and other data requested by the County to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the contract sum. 7 Redevelopment of Bernstein Park 2.8.9 The Consultant shall have authority, after notification to the Monroe County Department of Project Management, to reject work, which does not conform to the Contract Documents. Whenever the Consultant considers it necessary or advisable for implementation of the intent of the Contract Documents the Consultant will have authority, upon written authorization for the County, to require additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such work is fabricated, installed or completed. 2.8.10 The Consultant shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Consultant's action shall be taken with such reasonable promptness as to cause no delay in the Contractor's work in in construction by the County's own forces, while allowing sufficient time in the Consultants professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and instructions for installation or performance of equipment or systems designed by the contractors, all of which remain the responsibility of the contractors to the extend required by the Contract Documents. The Consultants review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Consultant, of construction means, methods, techniques, sequences, or procedures. The Consultant's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristic of materials, systems or equipment is required by the Contract Documents, the consultant shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. Consultant shall take appropriate action on submittals within 14 calendar days. The Consultant shall maintain a tracking log for the submittals which shall include but not be limited to; the submittal as named in the specification, all dates as required for tracking and the status of approval. A copy of the tracking log will be made available to County when requested. 2.8.11 The Consultant shall review and sign or take other appropriate action on Change Orders and Construction Change Directives prepared by the Monroe County Project Management Department for the County's approval and execution in accordance with the Contract Documents. 2.8.12 The Consultant shall promptly provide appropriate interpretations as necessary for the proper execution of the work as long as there is no change in Contract price. 2.8.13 The Consultant shall require inspection or re- inspection and testing or retesting of the work, to include architectural /engineering, structural, mechanical and electrical engineering portions of the work, in accordance with the provisions of the Construction Contract whenever appropriate. 2.8.14 The Consultant, assisted by the Monroe County Project Management Department, shall conduct inspections to determine the dates of Substantial Completion and the date 8 Redevelopment of Bernstein Park of Final Completion. The Consultant shall submit to the County a list comprised of incomplete and/or unacceptable items required by the Contract Documents to include architectural/engineering, structural, mechanical and electrical engineering portions of the work. The Consultant shall forward to the Department of Project Management warranties and similar submittals required by the Contract Documents which have been received for the Contractor. The Consultant shall issue a final Project Application for Payment upon compliance with the requirements of the contract Documents. 2.8.15 The Consultant shall interpret and decide matters concerning performance of the Contractor under the requirements of the Contract Documents upon written request. 2.8.16 Interpretations and decisions of the Consultant shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings and submitted on proper Construction Change Directives. 2.8.17 The Consultant shall render written decisions within a reasonable time on all claims, disputes or other matters in question between County and Contractor relating to the execution or progress of the Work as provided in the Contract Documents. 2.8.18 Duties, responsibilities and limitations of authority of the Consultant shall not be restricted, modified or extended without written agreement of the County and Consultant. 2.8.19 The Consultant shall be a representative of and shall advise and consult with the County during construction until final payment to the Contractor is due and as a Basic Service at the County's direction from time to time during the correction period as described in the Contract for Construction. 2.8.20 The Consultant shall transmit to the County all manuals, operating instructions, as -built plans, warranties, guarantees and other documents and things required by the Construction Contract and submitted by the Contractor. 2.8.21 The Consultant shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Consultant shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. The Consultant shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.8.22 The Consultant shall testify in any judicial proceeding concerning the design and construction of the project when requested in writing by the County, and the Consultant shall make available to the County and personnel or consultants employed or retained by the Consultant for the purpose of reviewing, studying, analyzing or investigating any claims, contentions, allegations, or legal actions relating to, or arising out of, the design or construction of the project. Testimony will be provided as part of the basic services 9 Redevelopment of Bernstein Park when in defense of claims for actions of the Consultant, unless otherwise prevented by counsel of the Consultant and which time it would be subject to subpoena. For other claims against the County the Consultant will do this under an expert witness with compensation at a rate of $150.00 per hour, or otherwise negotiated. 2.8.23 The Consultant shall make available to the County any personnel or consultant employed or retained by the Consultant for the purpose of reviewing, studying, analyzing or investigating any claims, contentions, allegations, or legal actions relating to, or arising out of, the design or construction of the project. 2.8.24 The Consultant shall review any as -built drawings furnished by the Contractor and shall certify to the County that same are adequate and complete. 2.8.25 The Consultant shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Consultant or his consultants, or both. 2.8.26 The Consultant must reimburse the County for any added costs paid by the County during construction that were incurred as the result of any omission, deficiency, or conflict in the work product of the Consultant, its consultants, or both. This added expense is defined as the difference in cost from that which the Owner would have paid if the work was included in the bid, and the actual cost presented by the Contractor. 2.8.27 The Consultant is required to attend all scheduled construction progress meetings. ARTICLE III ADDITIONAL SERVICE 3.1 The services described in this Article III are not included in Basic Services. They shall be paid for by the Board of County Commissioners as an addition to the compensation paid for the Basic Services but only if approved, in writing, by the County, and may need approval by the Board of County Commissioners before commencement, and are as follows: 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES If more extensive representation at the site than is described above is required, the Consultant shall provide one or more project representatives to assist in carrying out such additional on -site responsibilities. Consultant shall bill for additional services at the hourly rates established on Exhibit A. 3.2.2 Consultant's representation beyond four public meetings with the Park and Recreation Board and two public meetings with the Monroe County Board of County 10 Redevelopment of Bernstein Park Commissioners shall be considered additional service representation beyond basic services and shall be bill at hourly rates established on Exhibit A. 3.3 OPTIONAL ADDITIONAL SERVICES 3.3.1 Providing detailed quantity surveys or inventories of material and equipment. 3.3.2 Providing analysis of owning and operating costs. 3.3.3 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings, and related equipment. 3.3.4 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.3.5 Providing special surveys, site evaluations or comparative studies of prospective sites. 3.3.6 Providing special surveys or environmental studies required for approvals of governmental authorities or others having jurisdiction over the project. 3.3.7 Providing service relative to future facilities, systems and equipment. 3.3.8 Providing detailed estimates of the construction cost (an item by item enumeration and analysis of all the costs that go to make up the Consultant's final estimate described above). 3.3.9 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.3.10 Providing services of consultants for other than architectural/engineering, civil, structural, mechanical and electrical engineering portions of the project provided as a part of Basic Services 3.3.11 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural /engineering practice. 3.3.12 Providing assistance with public agencies such as the South Florida Water Management District and/or the Army Corps of Engineers, requiring formal review of project and preparation of documents, reports, studies, renderings, models, payment of fees, applications and other material necessary to seek such approval. 3.3.13 Florida Green Building Coalition Land Development Certification. 11 Redevelopment of Bernstein Park 3.4 CONTINGENT ADDITIONAL SERVICES 3.4.1 Making revisions in Drawings, Specifications or other documents when such revisions are: a. Inconsistent with approvals or instructions previously given by the County, including revisions made necessary by adjustments in 'the County's program or project budget. b. Required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents and not reasonably anticipated; or C. Due to changes required as a result of the County's failure to render decisions in a timely matter. 3.4.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the County's schedule, or the method of bidding or negotiating and contracting for construction. 3.4.3 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work. 3.4.4 Providing services in connection with public hearings, beyond the number of public hearings and meetings described in Basic Services. ARTICLE IV OWNER'S RESPONSIBILITIES 4.1 The County shall establish and update an overall budget for the Project based on consultation with the Consultant, which shall include the Construction Cost, the County's other costs and reasonable contingencies related to all of these costs. 4.2 The County shall designate the Department of Project Management to act on the County's behalf with respects to the Project. The County or Department of Project Management shall render decisions in a timely manner pertaining to documents submitted by the Consultant in order to avoid unreasonable delay in the orderly and sequential progress of the Consultant's services. 4.3 The County shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements, and adjoining property and structures; adjacent drainage; rights -of -way; restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information 12 Redevelopment of Bernstein Park concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 4.4 The County shall furnish the geotechnical tests when requested by the Consultant. Such tests may include, but not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, and ground corrosion and resistively tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 4.5 The County shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the County may require to verify the Contractor's Application for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the County. 4.6 The services, information, surveys and reports shall be furnished at the County's expense, and the Consultant shall be entitled to rely upon the accuracy and completeness thereof. 4.7 Prompt written notice shall be given by the County to the Consultant if they become aware of any fault or defect in the Project or non - conformance with the Contract Documents. 4.8 The proposed language of certificate or certificates requested of the Consultant or his consultants shall be submitted to the County for review and approval at least 14 days prior to execution. The County shall not request certifications that would require knowledge or services beyond the scope of this Agreement. 4.9 The County shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Consultant's services and work of the contractors. 4.10 The County shall furnish the Consultant copies of written communications. 4.11 The County's review of any documents prepared by the Consultant or his consultants shall solely for the purpose of determining whether such documents are generally consistent with the County's criteria, as and if, modified. No review of such documents shall relieve the Consultant of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.12 The County shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. ARTICLE V CONSTRUCTION COSTS 13 Redevelopment of Bernstein Park 5.1 Contemporaneously with the submission of the Design of Construction, the Consultant shall submit to the County, in writing, it final estimate of the contractor's anticipated price for construction of the project. Once submitted, the final anticipated price estimate shall be adjusted by the Consultant to reflect any increase or decrease in anticipated price resulting from the change in Design for Construction. 5.2 The Construction Cost shall be the total estimated cost to the county of all elements of the project designed or specified by the Consultant. 5.3 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the County and equipment designed, specified, selected or specially provided for by the Consultant, plus a reasonable allowance for the Contractor's overhead and profit. 5.4 Construction Cost does not include the compensation of the Consultant and the Consultants sub - consultants, the costs of land, rights -of -way, financing or other costs which are the responsibility of the County. 5.5 The Consultant agrees that, should the bid for construction of the project exceed it's estimate by ten percent (10%) or more, it will redesign, redraw and/or rebid, at no additional or expense to the County, until the bids are within the stated limits. ARTICLE VI INDEMNIFICATION AND HOLD HARMLESS 6.1 The CONSULTANT covenants and agrees to indemnify, and hold harmless Monroe County and Monroe County Board of County Commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by CONSULTANT or its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONSULTANT, its Subcontractor(s) in any tier, their officers, employees, servants and agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of Consultant's failure to purchase or maintain the required insurance, CONSULTANT shall indemnify OWNER from any and all increased expenses resulting from such delay. Should any claims be asserted against OWNER by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, CONSULTANT agrees and warrants that CONSULTANT shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the OWNER'S behalf. The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for the indemnification provided for above. 14 Redevelopment of Bernstein Park The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. ARTICLE VII PERSONNEL 7.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced CONSULTANT shall notify COUNTY of the change immediately All consultants assigned by the CONSULTANT to Aerform anv service concerning the project shall execute the following forms, original signed forms and licenses shall be delivered to COUNTY prior to beginning . __any work on the project: Lobbying and Conflict of Interest Clause Non - Collusion Affidavit Drug Free Workplace Form Copies of all professional and occupational licenses shall be submitted ARTICLE VIII COMPENSATION 8.1 CONTRACT SUM 8.2 PAYMENTS 8.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the Consultant shall be paid monthly, in accordance with the following schedule: 15 Redevelopment of Bernstein Park (A) The Consultant's fee shall be based on the following criteria: 1. Schematic Design 15 percent 2. Design Development Phase 30 percent 3. Construction Documents Phase 35 percent 4. Bidding or Negotiation Phase 5 percent 5. Construction Administration 15 percent An estimated construction cost of $2,500,000 shall be used for the Fee Guide Calculator provided by the State of Florida, Department of Management Services for Architectural and Engineering Services. Group "E" Complexity for Construction that is considerably less than average complexity shall be used which establishes a percentage of 6.67% of the Construction Cost resulting in the Consultants fee of $166,443.00. A final adjustment will be made when construction is complete. (B) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward. (C) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. (D) The CONSULTANT will be required to submit a detailed FEE SCHEDULE with each invoice for COUNTY approval. (E) For the performance of the optional additional services and contingent additional services described above, provided same are fist authorized in writing by the County, the Consultant shall be paid hourly at the rates identified in Exhibit A, or as negotiated. 8.2.2 REIMBURSABLE EXPENSES Reimbursable expenses include expenses incurred by the Consultant in the interest of the project: a. Expense of transportation submitted by Consultant, in writing, and living expenses in connection with out -of- county travel authorized by the County, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes. 16 Redevelopment of Bernstein Park b. Fees paid for securing approval of authorities having jurisdiction over the project. c. Reproductions as requested only by the County, beyond eight signed and sealed, full size sets, plus one full size reproducible set, and one 11 x 17 reproducible set, and one re- writable CD. d. Postage of drawings and specifications, except for those charges for postage between the Consultants branch offices and between the Consultant and his sub - consultants. 8.3 BUDGET 8.3.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY'S Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY'S Board of County Commissioners. 8.3.2 The COUNTY'S performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE IX INSURANCE 9.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. Professional Liability Insurance shall also be maintained as specified. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 9.2 The coverage provided herein shall be provided by an insurer with an A.M. Best Rating of VI or better, that is licensed to do business in the State of Florida and that has an agent for service of process within the State of Florida. The insurance certificate shall contain an endorsement providing thirty (30) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 9.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida. B. Employers Liability Insurance with limits of Five Hundred Thousand Dollars ($500,000) per Accident, Five Hundred Thousand Dollars ($500,000) Disease, policy limits, Five Hundred Thousand Dollars ($500,000) Disease each employee. 17 Redevelopment of Bernstein Park C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non -owned vehicles, with Three Hundred Thousand Dollars ($300,000.00) combined single limit or Three Hundred Thousand Dollars ($300,000.00) per occurrence and Two Hundred Thousand Dollars ($200,000.00) per person and Two Hundred Thousand Dollars ($200,000.00) Property Damage. D. Commercial general liability covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Independent Contractors; Three Hundred Thousand Dollars ($300,000.00) per Person and Two Hundred Thousand Dollars ($200,000.00) Property Damage and Five Hundred Thousand Dollars ($500,000.00) per occurrence, or a Contractual Liability Endorsement with Five Hundred Thousand Dollars ($500,000) combined single Limit. E. Professional liability insurance of Five Hundred Thousand Dollars ($500,000.00) per claim and One Million Dollars ($1,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. Architectural Errors and Omissions Insurance of Five Hundred Thousand Dollars per occurrence ($500,000.00), or One Million Dollars ($1,000,000.00) Aggregate. G. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverage identified in Paragraphs C and D. H. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. I. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured by Section 12.1.3 including any subsection thereunder. The COUNTY reserves the right to require a certified copy of such policies upon request. 18 Redevelopment of Bernstein Park ARTICLE X OWNERSHIP OF DOCUMENTS 10.1 OWNERSHIP OF THE PRELIMINARY DESIGN AND THE. DESIGN FOR CONSTRUCTION 10.1.1 The Drawings, Specifications and other documents prepared by the Consultant for this project are instruments of the Consultant's service for use solely with respect to this project. The Consultant shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights. Consultant's Drawings, Specifications and other documents shall not be used by the County or others on other projects, except by agreement in writing. The Consultant's Drawings and Specifications, and other documents, may be used for completion of this project by others. 10.1.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the project is not to be construed as publication in derogation of the Consultant's reserved rights. 10.1.3 - The As -Built drawings and specifications will be furnished by the contractor to the County in electronic format in addition to the original As -Built documents. 10.1.4 The County may utilize the construction documents, As -Built documents, etc. as required for reference on any necessary future work on the site. ARTICLE XI SUCCESSSORS AND ASSIGNS 11.1 The CONSULTANT shall not assign its right hereunder, except its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the COUNTY. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives, of such other party. ARTICLE XII NO THIRD PARTY BENEFICIARIES 12.1 Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. ARTICLE XIII TERMINATION 13.1 Either party hereto may terminate this contract upon giving seven (7) days written notice to the other in the event that such other party substantially fails to perform its material obligations set forth herein. Termination expenses shall include all usual 19 Redevelopment of Bernstein Park expenses until date of termination and any additional services required in order to stop performance of services, subject to County audit for verification. Consultant shall not include additional expenses not directly related to termination after notice is given. 13.1.1 The County may terminate this agreement without cause by giving the other party thirty (30) days written notice. 13.1.2 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Bard of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE XIV ENTIRE AGREEMENT 14.1 This contract consists of this Agreement, the CONSULTANT'S response to the Request for Qualifications for the Redevelopment of Bernstein Park on Stock Island Monroe County, Florida the documents referred to in the Agreement as a part of this Agreement, and attachments. In the event of any conflict between any of the contract documents, the one imposing the greater burden on the CONSULTANT will control. 14.1.1 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a proposal on contracts to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the constriction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY'S competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. 20 Redevelopment of Bernstein Park CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. ARTICLE XV ADDED REQUIREMENTS 15.1 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. 15.2 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the OWNER or County Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 15.3 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in Monroe County, Florida, in the appropriate court or before the appropriate administrative body. The Parties waive their rights to a trial by jury. The COUNTY and CONSULTANT agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of the parties, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 15.4 SEVERABILITY 21 Redevelopment of Bernstein Park If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 15.5 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non - prevailing party, and shall include reasonable attorney's fees and courts costs, in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. The OWNER and CONSULTANT agree that nothing in this Agreement obligates them to Arbitration and they agree to Mediation of disputes instead of Arbitration. 15.6 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 15.7 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. 15.8 CLAIMS FOR FEDERAL OR STATE AID N /A. 15.9 ADJUDICATION OF DISPUTES OR DISAGREEMENTS OWNER and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 15 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of 22 Redevelopment of Bernstein Park County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 15.10 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, OWNER and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 15.11 NONDISCRIMINATION CONSULTANT and OWNER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or OWNER agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 15.12 COVENANT OF NO INTEREST 23 Redevelopment of Bernstein Park CONSULTANT and OWNER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 15.13 CODE OF ETHICS OWNER agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 15.15 NO SOLICITATION/PAYMENT The CONSULTANT and OWNER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15.16 PUBLIC ACCESS. The CONSULTANT and OWNER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and OWNER in connection with this Agreement; and the OWNER shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. 15.17 NON - WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self - insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 15.18 PRIVILEGES AND IMMUNITIES 24 Redevelopment of Bernstein Park All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 15.19 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non- Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 15.20 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 CONSULTANT and the OWNER agree that neither the CONSULTANT nor the OWNER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities,_ have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 15.21 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as OWNER may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 15.22 NO PERSONAL LIABILITY 25 Redevelopment of Bernstein Park No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 15.23 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 signing any such counterpart. 3 WHEREOF, each party has caused this Agreement to be executed by its �d representative on the day and year first above written. BOARD OF COUNTY COMISSIONERS HEAVLIN CP Clerk OF MO E COUNTY, FLORIDA du By: S Deputy Clerk Mayor /Chairman (Seal) Attest: Witness for CONSULTANT Sign: ,`//__ Pri is k 1 . �zyu Title: 1.14E wr MONROE COUNTY ATTORNEY AP OVED AS TO F RM/ 3ATi .EFME W. CASSEL - �r,NIT C0.JNTY Date Date: Ai1�LOZ—A Address: P.A. �pilGta CONSULTANT WILLIAM P. ORN ARCHITECT, Sign: Print: (,(/! L� �/�1� 1 _ Title: ���: /�����' c Date: d� �� �� 26 Redevelopment of Bemstein Park SECTION FOUR COUNT' RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 2213 1100 SIMONTON STREET KEG' WEST, FLORIDA 33040 I acknowledge receipt of Addenda No.(s) I have included: • The Response Form y • Lobbying and Conflict of In erest Clause • Non - Collusion Affidavit / • Drug Free Workplace Form t/ • Respondent's Insurance and Indej ification Statement • Insurance Agent's Statement VV • Professional and Occupational Licenses I have included a current copy of the following professional and occupational licenses: �t (Check marls items above, as a reminder that they are included .1 Mailing Address: 91 r 7 �Af *tiJ S 'r., Kell &4vi l L , 3 3040 Telephone: y 0° ?zr Date: Signed: L F ax: 3a5.140 (Name) 1Wm41*L (Title) Witness: r-- Vg; r /yWA (Seal) 32 RE€ VEST FOR QUALIFICATIONS FOR TIDE REDEVELOPNIEN'T OF BERNSTEIN PARK, STOCK ISLAM, MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) warrants that he /it has not employed, retained or otherwise had act on his /its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010- 1990 or any County officer or employee in violation of /dic of Ordinance No. 010 -1990. For breach or violation of this provision the C, in its discretion, terminate this Agreement without liability and may also, in itn, deduct from the Agreement or purchase price, or otherwise recover, the ount of any fee, comission, percentage, gift, or consideration paid to the County officer or employee ". (Signature Date: Q Z w STATE OF: COUNTY O jda W cribed and sworn to or affirmed before me on 1 ® C He /She is i to me M+ - identification. (type of identification) commission JO BENNE 7 Commission # EE 097995 Expires May 26, 2015 Banded Thor Tray Fain Nsurance 8W365 33 REQUEST FOR QUALIFFCAi3ONS FOR TBE REDEVELOPMENT OF BERNSTEIN PARK, STOCK ISLAND, MONROE COUNTY, FLORIDA I, Mi-,410 i A 4&aW 4 of the city of -9G` �/✓ � according to law on my oath, and under penalty of perjury, depose and say that: Iam of the firm of P/Z' 4/ Jt loi d A1 444# AVC, P !a the bidder making the Proposal for the project described in the Request for Qualifications for: 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 corporation to submit, or not to submit, a bid for the purpose of restricting compe ion; 5. the statements contained i is affidavit are true and correct, and made with full knowledge that Mo e County relies upon the truth of the statements contained in this affid it in awarding contracts for said project. /- - (�ig re of Respondent) (ate) STATE COUNT J / / P SONALLY APPEARED BEFORE ME, the undersigned authority, L� J who, after first being sworn by me, (name of ' dividua signing) affixed his /her signature in the space provided above on this ay of 20 "GARY PUBLIC y C p es 95 � mmission 0 Expires 15 '= es 26, May ce gpp 3&5 Ear : eondedThNiroyFainlnsura 35 REQUEST FOR QUALIFICATIONS FOR THE REDEVEL F'BERNSTEIN PARK, STOCK ISLAND, MONROE COUNTY, FLORIDA DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4..In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the tement, I certify that this firm complies fully with the above requirements. ,� Respondent's Signature 6'18 /1 34 REQUEST FOR QUALIFICATIONS FOR THE REDEVELOPMENT OF BERNSTEIN PARK, STOCK ISLAND, MONROE COUNTY, FLORIDA "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a 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 constniction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read d acknowledge the public Entity Crime Statment Si atur Date: �O� j� 36 REQUEST FOR QUALIFICATIONS FOR TBE REDEVELOPMENT OF BERNSTEIN PARK, STOCK ISLAND, MONROE COUNT', FLORIDA INSURANCLAGENT'S SIATEMENJ I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DED 1XITIBLES 0 �: ( Orc, (D Liability polkies are _-Z-0murrence -Claims Made 1�� 5 an C' Insurance AgenCy. Si NaN A RES-P9MM-NT'S STATEMENT I understand the insurancethat will be mandatory if in full with all the requirements_ Respondent and will comply Rospodent ta 1 i pbk c_� a"s, ncA— Faye, 66- Co� � 1 � c~ a ���.� , n ti � ova c��'- Ca ix b 5-a \1 f �Vvff 48 REQUEST FOR QUAL[FicAnon Fop, Ti m REEF-VELOPMENT OF BF.RWIMN PARK, STOCK ISLAND, MONROE COUNTY, FLOWDA 2013 % 2©14. _. MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2014 Tax Amount Transfer Fee' Sub -Total Penalty PnorYears° Collection Cost Total Paid 30.00 0.00 1 30.00 1 0.00 ,0 00 0.00 30.00 THIS BECOMES A TAX RECEIPT Danise D:'Henrique, tFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND /OR MUNICIPALITY PLANNING AND ZONING REQUIREMENTS. AC#69604 s STAVE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF ARCHITECTURE & INTERIOR :RESIGN SEES# L12120500740 ��..tate ot Plori Boa of Professiona E ng inee rs Attests that Alley Emil Perez Jr., RE �. A y �" a � t Is licensed as a Professional t g; neer under Chapter 47 1, Florida Statutes Expiration: 2/28/2015 RE. Lic. No: Audit No: 228201522135 51465 Attachment: or - er s ei ar Agreement ( er nstein Park - 3rd A me ndme n t Horn L State o.f Flor 1 0 da Board of Professional Engineers Attests that PaLd Raphael a me , P.E. z s . 1s licensed as ® Professional engineer w er Chapter 71, Florida Statutes Expirotion: 2/28/2015 P.E. Lic. No-, Audit No. 228201509622 44137 State of - Floridd Board of Professional En neers Attests that gi Innovative Engineering Group Inc ct is oudharimed under the provisions of Se lot, 471.023,.'Ficirida Statutes, to offer engineering services to v e pulblic through a Professional Engineer, duly licen'sed under Chapter 471, Florida Statutes. Emc-''.r c-don- 2128/2015 CA Lic. No. -W'70-.LN " 8201500069 Certificate of Authorization .2 6717 StatC7 ritda. cord of Profession l En'gi n*eers Attests thot Sud it umor -Gupt' 0 ' X. Is licensed as a Profesgional Engifie . er wider Chapter 471, Florida Stdtutes , rarion: 2128/2015 P.F. 13C. No: : 'N - O: 27820150G217 29189 Detail by F-EInfilly Name 1-9,1771,13MI I ... 11 - 1 . MITCHELL PLANNING & DESIGN, INC. UZ Document Number FEI/EIN Number Date Filed P10000015794 15450 SE 103RD PLACE ROAD OCKLAWAHA, FL 32179 Changed Mailing Address C/O BARKER SERVICES, PO BOX 12 KEY WEST, FL 33041 I . registered Agent Name & Address BARKER, RONALD A 13 ARBUTUS DRIVE KEY WEST, FL 33040 Officer /Director Detail Name & Address Title PRES MITCHELL, BARBARA A 1 15450 SE 103RD PLACE RD OCKLAWAHA, FL 32179 Report Year Filed Date 2811 HARM 2013 03/08/201 I certify from the records of this office that LANDWISE DESIGN, INC is a corporation organized under the laws of the State of Florida, filed on August 2, 2004, effective July 30, 2004. The document number of this corporation is PO4000112416. I further certify that said corporation has paid all fees due this office through December 31, 2013, that its most recent annual report/uniform business report was filed on April 11, 2013, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under nay hand and the Great ,Seal of the ,Mate of Florida at Tallahassee, the Capital, this is the Eleventh day of April, 2013 }„ f Secretary ofState Authentication ID: CC8666905818 To authenticate this certificate,visit the following site,enter this ID, and then follow the instructions displayed. https:// efde .sunbiz.org/certauthver.html W0 VMS- � S�iE '� h STATE OF FLORID DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF LANDSCAPE ARCHITECTURE t #LZZZr�OZs LICE! Se _F4t_R 11 / 30 / 2 0 12 113 3 099372 'LA666669 The LANDSCAPE ARCHITECT z below HAS REGISTERED Under the Provisions of Ch �er *P �`S.. .8XPiration dater Nov 30, 2013 QUALIFIED PROFESSIONAL, M.ANGROVE t����R ROBERTS, LA DD B 4073 SAN JUG _pkvENUE J.A.CK SON'v FL, 32210 c RICK SCOTT GOVERNOR KEN L,AY7S�?N DISPLAY AS REQUIRED BY LAVV SECRETARY c • z E L L CL c E c L c u EXHIBIT "A" WILLIAM P. HORN ARCHITECT, P. 4. License No. AA 0003040 915 EATON STREET, KE'Y'WIST, FLORIDA 33040 Date. 9/27/13 Toe David R. Hill Director of Project Management Monroe County Re: 2013 Hourly Rates Bernstein Park Contract Dear Mr. Dill, Please see the following hourly rates below. List of Subcontractors: PHONE: 305-296-8302 FAX: 305-296-10-33 MEP Engineer- Innovative Engineering Group Civil Engineer: Perez Engineering & Development, Inc. Structural Engineer Thomas Timmins, PE Landscape Architect- Landwise Design, Inc. Planner - Mitchell Planning & Design, Inc. Sustainability Consultant- Trifecta Construction Solutions Our standard hourly rates are as follows: Architect: Principal Architect $225.00/hr Architect $150.00 /hr Intern Architect $125.00/hr Draftsperson $95,00/hr Stitictural Engineer: Structural Engineer $150.00/hr MEP Engineer: Engineer $150.00/hr Drafting $75.00/hr Civil Engineering. Principal Civil Engineer $150.00/hr Senior Civil Engineer $120.00/hr Civil Engineer $100 -00 /hr Drafting $85.00 /hr Landscape .Architect: Landscape Architect $150.00 /hr Landscape Designer $100.00/ , Planner: Principal Planner $I50.00/hr Sustainability Consultant: Principal $180.00/hr Sr. Project Manager $125.00 /hr Project Manager . $95.00 /hr Research Associate $75.00 /hr Office Manager $45.00 /hr Please call if you have any questions. We are looking forward to working with you. Sincerely WU.,LIAM P HORN ARCHITECT, P.A. j William P. Horn, Principal D.2.d TYPE OF INSURANCE GENERAL UABIUTY CER TIFICATE F LIABILITY INSURANCE DA 0110211- POUCY NUMBER THIS CERTIFICATE IS .ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. _ I CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 13Y THE POLL BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHOR REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the 0er0cate holder is an ADDITIONAL INSURED, the policy(ie8) must be endorsed. If SUBROGATION IS WAIVED, subje m the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer tI rights certificate holder in lieu of such endorsement(s). PRODUCER 305 - 2944677 " CT The Fullers, Inc 305- 2924641 ENE $ 9432 Kennedy Drive Na: E LraLl _ Key West, FL 33040 �� c °U �IDj:HORNW -1 _ Norman Fuller - I U . ER 5 AFFORDING COVERAGE NAI INSURFM William P Horn Architect PA INSURER A: Florida Retail Federation 13111 Horn _ 915 Eaton St. INSURER B: — INSURER C: Key West, FL 33040 0 — GEML AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC PRODUCTS - COMPIOP AGG INSURER D: INSURER E; INSURER F $ AUTOMOBILE LIABILITY ANY AUTO COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PEF INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 7 COMBINED SINGLE LIMIT (Ea scoldent) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TES BODILY INJURY (Per person) EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS I LTR TYPE OF INSURANCE GENERAL UABIUTY POUCY NUMBER lq" lMMMLNMj LIMITS EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY F PREMISES Ea oocunenea $ MED EXP (Anyone person} $ CLAIMS-MADE OCCUR PERSONAL ADV INJURY $ GENERAL AGGREGATE S GEML AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC PRODUCTS - COMPIOP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea scoldent) $ BODILY INJURY (Per person) $ ALL A S BODILY INJURY (For accident) $ SCHEDULE SCHEDULED AUUTT OS PROPERTY DAMAGE (Peraccdent) $ HIRED AUTOS NON -OWNED AUTOS $ $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS CLAIMS -MADE DEDUCTIBLE $ $ RETENTION S A WORKERS COMPENSATION AND EMPLOYERS' LIABIUTY ANY PROPRIETORIPARTNER/5XECUTIVE YIN OFFICERIMEMBER EXCLUDED? NIA 62I1 -40946 01 09/01/14 WG STATU- OTH- c E.L. EACH ACCIDENT $ 1 : 019 E.L. DISEASE - EA EMPLOYEES 7 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 1,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 901, Additional Remaft Schedule, If more space is required) . i s 2 Monroe County Board of County Commissioners 1100 Simonton Street Key West, FL 33040 ACORD 25 (2009/09) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFO THE EXPIRATION DATE THEREOF, NOTICE WMILL BE DELIVERED ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED Norman I 0 The ACORD blame and loges are registered i CORPORATION. All rights reserve( ACS OP -IC +�.-�- CERTIFICATE OF LIABILITY INSURANCE DAT!£(MEUODIYYr 09/20/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TH CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATNELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLCCu BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the P011cy(Ies) must be endorsed. If SUBROOATION IS WAIVED, sub)edt the terms and conditions of the Policy, certain Polities may require an endorsement A statement on this eertt(eate does not Confer rlDhts to ti cartt eate holderin lieu o Such erttinnearnonNet PRODUCER 305 - 294-6677 The Fullers, Inc 303 - 292-4641 1432 Kennedy Drive Key Went, FL 33040 Norman Fuller INSURED Wllll P Mom Architect PA Bill Ham 913 Eaton St. Key West, FL 33040 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TW CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CO NDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE R;:F:m Rims Ins:n ITV DAM m An,e Irg TYFa OF rNe uR/wcsl GENERAL LIABILITY - u ---- - - -... ...., ��. Mrs A► COMMERCIAL GENERAL LIA.BILRY CLAIMS ED X 090004962995809 09/21/13 0912i114 EACH OCCURRENCe s 50,i MED EXP cm e.ion j 5,1 OCCUR X Business OvrneTs O wne rs PERSONAL&ADVIWURY $ GENERALAGGREOATE $ 2,000,1 GEN'LAGGREGATELIMITAPPLIESPER: X POLICY P � LOC AUTOMOBILIitlA9alTy ANYAUTO c 'l PRODUCTS- CQMPN>PAGG i i OMSI ; INGLE umfr S b ALL OWNED AUTOS AP OW BODILY INJURY (Pxperson) ; SCHEDULED AUTOS DA - BODILY INJURY(Pereecklen!) ; HIRED AUTOS NON- OWHEDAUTOS WAIV NIA .� PROPERTY DAMAGE (Peraccklenl) : S UMLRELrALIAS OCCUR EXCESSUAB CLAIM &MADE EACH OCCURRENCE s 0 AGGREGATE 9 DEDUCTIBLE f R WC STATi1� O'7Ff- S WORIIERSCOnPeNSATION AND EMPLOYER@ LIAI; " ANY PROPRIETORIPARTNERMXECUTtK YIN OFFICERANEMWREXCLUDEW Ivan dory In NH) U daaboendn RI F RA N below NIA E.L. EACHACCIDEHT Is E & DISEASE -EA EMPLOYE S E.L DISEASE - POUCYLeA1T S DESCRIPTIONOFOPMAT 10NwiIn!eInnus,-- .�- ...��.��___ p...- u......vnu - ,u7, n�uvnsl 1(OIIIe1Re aerleawet IT TAeff epee b re4ulr'sai MONRCON Monroe County Board of County Commissioners 1100 Simonton Street Key West, FL 33040 ACORD 25 (2009109) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE IOPLICY PROVISIONS. AUTHOPim REPREy Norman Fuller ®1$918-; The ACORD name and logo are Malstered marks All rights reserved. • PRPICUGER 305- 29"87T Th9 pullier$, Inc R N 30&2924"1 PE 1432 Kennedy Drive tm. N arc No . Koy W t, FL 33040 ADORM: NO an Fuller .t4ORNW ►1 FRODOCER IO S APFORDINGC$YERAGE Naar ,N9URl p William Horn INSURERA:P rogressive 151 Key Haven Rd. Key WeA FL 33040 waUR�R O rNeuRER c: INSURER D POURER E • t U E w C0VERA4aES cE#RTIFICATENumsEl2. R DPali UMBER.- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED INDICATED. NAMED ABOVE FOR THE POLICY PERM NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH# W � CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TQ ALL T14E TERN EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMPCS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ' LTR TYPE OP OISURANCE CY EXP tmD _ -- POUCr NUMBER I M LIMITS L tiENERAE LIABILITY CL R :MMF.RCIAL EACH OCCURRENCE $ GENERAL LIABILITY }( DAMAGE r A � CLAIMS•IMDE OCCUR FR S � � iNED EXP LF4ny wFe Dmsani S PERSONAL &AMMURY $ L — - - _ LENERaLAflGREGATE i GEN'L AGGREGATS LIMIrAPPU@S PER: PRO PRODUCTS - COMPIOP AGG $ POLICY LAC i - AUTOMOBILE Ll9.pIL/SY X COMBINED SINGLE LIMN' s 1,004 A ANYAuTD 21513319 419121)113 06129114 (Ea - WOM) ALLOWNEDAUTOS EODNYINJURY(PerParaon) i X SC14EDULWAUTOS EODiLYINJURY(Perwddani) S HB4EDAUT{yg PROPERTY DAMAGE $ (Per aetiderdl y X NON - YME0 AUT03 Z 3 EL" UaB EXCESS UAB CLAIMS E EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE $ RETEN WOIRKERSCOMPEN&ATION Fr NDEMPL.OYERVUAmLffY YtCSTATU- OTi4• $ L YIN PROpRIE7OR1PAR7NERtPJCECUTIVE OFFiCERtA4EMA$REXCLUDED? � NIA 0 EL.BACHACCIDENT 3 (M*fldatM In NH) Ky c,ffieut�er D @SCR1PTtON OP OPERATIONSIMOW E.C. DISEASE -EA EMPLOY S - FT E.L DISEASE - POLICY LIMIT $ I k U Ut t LOCATIf?NS t I.E6 20 Wi rt Frontier S PU INUDOEROCC464279 Monroe County Lard of County Commissioners 1100 Simonton W r e at Key W est, FL 33040 ACORD 25 (2909109) SHOULD ANY OF 714E bSSM DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE IWMQF, NOTICE VVIL.L BE VELIV D 11 ACCORDANCE WITH YVE POLICY PROVISIONS. AUTHORWO REPRM NOrrrcan Fuller m 1988 -20 RD CORPORAT . All eeglft r omed. The ACORD name and 1 090 are registmred marke Off CO 0 1 D.2 -d Client #:10 1 12 1ia,..JIP4 AC R& CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DDNYYY) 08/22/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION t.)NUf AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIF HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS 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 th( certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: USI Insurance Services, LLC PHONE g13 321 -7500 FAX 813 321 -7525 A/C No, at): A/C, No 1715 N. Westshore Blvd. Suite 700 1 E -MAIL Tampa, FL 33607 INSURED INSURER(S) AFFORDING COVERAGE NAIC INSURER A : Llberty Insurance Underwriters 19917 INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: r rr, William P. Horn, Architect, P.A. 915 Eaton Street Key West, FL 33040 COVERAGES CERTIFICATE NUMBER: RFVISInN NIIMRFR- 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY. PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE NSRL WVD POLICY NUMBER Y EFF - MM /D MIDD YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR - BY fl r DAMAGE TO RR ELATED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ WAI R 1A alp. GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ POLICY PRO JECT LOC - $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED AUTOS NON -OWNED AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ NIA T 4 _ E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT I $ DESCRIPTION OF OPERATIONS below A Professional AEA1015530001 08/20/2013 08/20/201 $2,000,000 per claim Liability $2,000,000 annl aggr. UtW;K1F I IUN Ur UPLRATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Professional Liability coverage is written on a claims -made basis. Project: Stock Island Fire Station. Monroe County Board of County Commissioners Attn: Risk Management 1100 Simonton Street Key West, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserve( ACORD 25 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S10837684/M10837680 KEBEW MONROE COUNTY PROJECT MANAGEMENT M E M O R A N D U M TO: Roman Gastesi, County Administrator Debbie Frederick, Deputy County Administrator THRU: Kevin Wilson, Division Director, Public Works /Engineerih FROM: Ann Riger, Contract Administrator, Project M,anagenie�t DATE: July 24, 2014 RE: Bernstein Park Redevelopment — Florida Green Building Coalition With the approval to include a community building to the redevelopment design of Bernstein Park, came the responsibility of compliance with going green standards and obtaining certification from the County's adopted Florida Green Building Coalition. Under supervision and direction from Mr. William P. Horn (Architect on record for the Redevelopment of Bernstein Park), Trifecta proposes to assist with the design development and certification through the Florida Green Building Coalition for a cost of $26,000. Attached is a copy of the proposal. Mr. Horn's contract with us includes this Certification as part of Optional Additional Services. Payment for these services will be on a lump sum basis as outlined on the attached proposal, and not at hourly rates as indicated in section 3.2 of his contract. His contract states that additional services must be approved in writing. Thank you for your consideration in approving this additional service. 2 iz Wilson Roman Gastesi Debbie Frederick tri -Pecta William P. Horn Architect, PA 915 Eaton Street Key West, Fl 33040 Phone: 305 - 296 -8302 Fax: 305- 296 -1033 July 21, 2014 Dear Mr. Horn: Thank you for contacting us regarding our assisting you with design development and certification of the Bernstein Park with the Florida Green Building Coalition Green Commercial Building Standard. SERVICES FGBC PROJECT ASSESSMENT $8,000.00 Trifecta works with the project owner and design team to successfully complete the design development, construction documents, and specifications that include all targeted FGBC credits. Trifecta will conduct a site visit and evaluation, facilitate a kick off meeting for the project team to identify project goals and credits targeted, and complete a baseline and action plan for the projects. Credit Analysis and Project Assessment FGBC PROJECT DOCUMENTATION AND SUBMITTALS Initial Here for Acceptance $16,000.00 Coordinate and track targeted FGBC points, administer and update tracking documents, monitor credit design and documentation progress, review project calculations, and where applicable, provide guidance on material selections to earn FGBC points and assist the team with specifications as they relate to the certification process. Establish format and reporting procedures for contractor and architect team for submittals. Conduct on site meetings and inspections, review contractor and architect submittal packages and review all final documentation for final submittal to the FGBC. Credit Action Plan and Submittals FGBC PROJECT CERTIFICATION FEES FGBC fee based on a 6,000 SF ± building Initial Here for Acceptance Project Certification Fees $ 2,000.00 Initial Here for Acceptance TRAVEL The base price of the contract includes two trips on behalf of the project. If additional travel is necessary and incurred on behalf of William P. Horn Architect, PA, the client will be responsible for reimbursing all expenses associated with such travel. Any travel expense in excess of $100.00 will be submitted by Trifecta to William P. Horn Architect, PA for preapproval. FEE: We propose to provide our services described above for the lump sum fees listed below plus reimbursable expenses. Reimbursable expenses will be billed separately and shall be paid within 60 days after receipt. If you elect to accept our services, please initial next to the service and then sign the appropriate line below. By initialing and signing below, you will have committed to pay the fee for our services and reimbursable expenses per the listed conditions. Reimbursable and contingencies not to exceed $2,500. Reimbursable Expenses Initial Here for Acceptance P.O. Box 6o024 www.trifectaconstruction.com Office 2 39 -2 7 8- 3 1 75 Fort Myers, FL 33906 Fax 239-278-3176 tri -Pecta INCLUSIONS & EXCLUSIONS Trifecta cannot guarantee that the project will be awarded any level of FGBC Certification. Certification requires execution of items by all team members; therefore no single team member can assume full responsibility. These services will not include architectural or engineering design (i.e. signed and sealed contract documents.) These services will also not include items that fall in an architect's /engineers scope such as site visits during construction and responses to bidder questions, permitting comments, and BFI's. Commissioning services are available upon request as well as stormwater calculations, daylighting calculations, and water use budget calculations. The need for these services will depend on the FGBC credits pursued and the ability of the selected design and engineering team. This proposal is for services that Trifecta has agreed to perform for William P. Horn Architect, PA. In exchange for services, William P. Horn Architect, PA agrees to pay Trifecta the fees agreed upon which is based on 24 months of services from date of signing. Upon completion of each accepted service, as initialed above, William P. Horn Architect, PA will be invoiced. William P. Horn Architect, PA agrees to remit payment of said invoices within 60 days to Trifecta from the date of issue. Upon acceptance of the terms of this proposal, William P. Horn Architect, PA agrees to enter into a contractual relationship with Trifecta. This agreement constitutes the final agreement between the parties. Any changes to this agreement must be requested in writing and duly signed by both parties. Trifecta reserves the right to review and, if need be, increase fees to account for changes in the price of goods, increased costs and the clients request for additional services. To complete these services William P. Horn Architect, PA must provide us with copies of all requested project documentation such as site surveys, plans, engineering drawings and or access to the a project specific FTP site. The terms and fees stated here within this proposal are valid for 30 days By signing this agreement, I acknowledge that I have the authority to do so on behalf of William P. Horn Architect, PA. Proposal Accepted by: Position/ Title of person signing: This day of 20 Respe tfully Submitted, Jennifer Languell, Ph.D. Trifecta P.O. Box 6o024 www.trifectaconstruction.com Office 2 39 -2 7 8- 3 1 75 Fort Myers, FL 33906 Fax 239-278 -3176 FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES for Monroe County Redevelopment of Bernstein Park THIS FIRST AMENDMENT (herein after "AMENDMENT ") to the AGREEMENT BETWEEN OWNER AND ARCHITECT/ENGINEER ( "AGREEMENT ") for the Redevelopment of Bernstein Park, entered into between MONROE COUNTY ( "COUNTY ") and WILLIAM P. HORN ARCHITECT, P.A. ( "CONSULTANT ") is made and entered into this 1 I ` day of June, 2014, in order to amend the AGREEMENT, as follows: WITNESSETH WHEREAS, On October 16, 2013, the parties entered into an Agreement for Professional Services for the Redevelopment of Bernstein Park on Stock Island to include the raising of the field by 18" to 24 ", add new restrooms, sports fields and courts, playground equipment, walking track, storm water retention system, and removal of a dwelling unit; and WHEREAS, On April 16, 2014 the Monroe County Board of County Commissioners approved to include a community building of up to 5,000 sq.ft. to the park redevelopment design; and WHEREAS, The inclusion of a community building to the redevelopment design will significantly increase the cost and complexity of the project; now therefore IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. Article VIII Paragraph 8.2.1 (A) shall be revised to read as follows: An estimated construction cost of $4,900,000 shall be used for the Fee Guide Calculator provided by the State of Florida, Department of Management Services for Architectural and Engineering Services. Group "D" Complexity for Construction that is Average Complexity shall be used with establishes a percentage of 6.93% of the Construction Cost resulting in the Consultants fee of $339,545.00. 2. PUBLIC RECORDS "Pursuant to F.S. 119.070 1, Consultant and its sub - consultants shall comply with all 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. 1 Redevelopment of Bernstein Park (b) Provide the public with access to public records on the terms and conditions that Monroe County 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 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 Monroe County all public records in possession of the contractor 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 Monroe County in a format that is compatible with the information technology systems of Monroe County. 3. All other terms and conditions of this Contract shall comply with the Agreement for Professional Services dated October 16, 2013, which shall be made a part of this contract as if written herein in its entirety. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date stated ution by the Architect must be by a person with authority to bind the entity. tlt fit. " 1EAVILIN, CPA BOARD OF COUNTY COMMISSIONERS h� A4 V 1 JIT C(t ltT (`OMIT "l` [ I..l.l l2 OF MONROE COUNTY, It ORIDA Deputy Clerk l'ut� or /C"11au - man ARCHITECT WILLIAM P. HORN ARCHITECT, P.A. MONROE COUNTY ATTORNEY pp"" "' El 6 "ItTItFE W CASEt A551S'TANT CUI�PJTY ATTORNEY STATE OF FLORIDA Date a, -— COUNTY OF On this Z3 ""'day of . _. 2514, 'before me, the undersigned notary public, personally appeared _ known t me to be the person whose name is subscribed above, or who produced identification, and acknowledged that helshe is the person who executed the above Contract with Monroe County for Professional Services for the Redevelopment of Bernstein Park for the purposes therein contained. , KHURSHIDAGULYAMOVA NOTARY PUBLIC G '` MY COMMISSION #FF096419 EXPIRES: FEB 26, 2018 Bonded through tst State Insurance My Commission expires: 2 Z� � Redevelopment of Bernstein Park AMY NEAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER MONROE COUNTY, FLORIDA DATE: November 1, 2013 TO: David Hill, Director Project Management ATTN: Ann Riger FROM. • Vitia Fernandez, D.C. f Vil. At the October 16, 2013, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item C16 Professional Services Agreement with William P. Horn Architect, P.A. for the Monroe County Redevelopment of Bernstein Park. The Redevelopment will be funded through the one cent infrastructure sales tax. Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions, please feel free to contact our office. cc: County Attorney Finance File 500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 -295 -3130 Fax: 305 - 295 -3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax: 305 -289 -6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146 Packet Pg. 1086 AGREEMENT FOR PROFESSIONAL SERVICES for Monroe County ,Redevelopment of Bernstein Park This Agreement ( "Agreement ") made and entered into this 16' day of October, 2013 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners (`BOCC "), and William P. Horn Architect, P.A., a Corporation of the State of Florida, whose address is 915 Eaton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "CONSULTANT ", WITNES SETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for the Redevelopment of Bernstein Park on Stock Island, Monroe County, Florida. The park is subject to flooding both from heavy rain and when tides are very high, which limits its use. The Redevelopment options shall include raising the level of the entire field by 18" to 24 ", add new restrooms, baseball field, soccer field, basketball court, playground equipment, and a walking track; and include a storm water retention system and removal of the existing dwelling unit. Bernstein Park is approximately 6 acres in size. Final park uses and features will be clarified and/or revised by County staff. WHEREAS, CONSULTANT has agreed to provide professional services which shall include providing a cost estimate for the redevelopment of the park, and raising the elevation, and providing all design drawings and bid support service through Construction Administration services. Consultant's attendance at public meetings including BOCC and Park and Recreation Board meeting's, may at times be required. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: Redevelopment of Bernstein Park 1.1.1 The CONSULTANT is professionally qualified to act as the CONSULTANT for the Project and is licensed to provide the designated services by the State of Florida having jurisdiction over the CONSULTANT and the Project; 1.1.2 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.3 The CONSULTANT has become familiar with the Project sites and the local conditions under which the Work is to be completed. 1.1.4 The CONSULTANT shall prepare all documents required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in the subsequent implementation phases and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional cost due to missing or incorrect information; 1.1.5 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.6 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The CONSULTANT shall submit, for the COUNTY'S and its representative's information, a schedule for the performance of the CONSULTANT'S services which may be adjusted as the Project proceeds if approved by the COUNTY, and shall include allowances for periods of time required for the COUNTY'S review, and for approval of submission by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the COUNTY may not be exceeded by the CONSULTANT except for delay caused by events not within the control of the CONSULTANT or foreseeable by him. The sole remedy for delay shall be an extension of time. 1.1.7 CONSULTANT is an independent contractor under this Agreement. Services provided by CONSULTANT shall be subject to the supervision of CONSULTANT. In providing the services, CONSULTANT and its agents shall not be acting and shall not be deemed as acting as officers, employees, or agents of the COUNTY, nor shall they accrue any of the rights or benefits of a COUNTY employee. ARTICLE II SCOPE OF CONSULTANT'S BASIC SERVICE 2.1 DEFINITION 2.1.1 CONSULTANT'S Basic Services consist of those described in Paragraphs 2.2 through 2.8, and other services identified as part of Basic Services, and include normal consulting services to Redevelop Bernstein Park on Stock Island, and complete the 2 Redevelopment of Bernstein Park Project. The CONSULTANT shall commence work on the services provided for in this Agreement promptly after approval of the Monroe County Board of County Commissioners. 2.1.2 The Design for Construction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Design for Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the County. The Consultant shall be responsible for designing the Project in accordance with the analysis and recommendations of the geotechnical information furnished. 2.1.3 Consultant services shall include, but not be limited to: Preparation and completion of the design program for space requirements and relationships, schematic design, design development, preparation of contract documents for bids, assist in the preparation and advertisement for Request for Bids, attendance at the pre -bid conference, tabulation and review of bids, recommendation of contract awards, cost estimating during design and document preparation, administration of contact documents, attendance at the pre - construction meeting, consultation and on -site inspections during construction, review and recommend approval of contractor invoices, preparation and submittal of permit applications, zoning applications, a maximum of four public meetings, and two presentations to the County Commission, and drawings that result from the public meetings and presentations to Board of County Commissioners. 2.1.4 Consultant shall design any public building on the property in compliance with the Florida Green Building Standard for County Buildings as required by Resolution 147- 2010. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Consultant shall review the program, schedule and construction budget furnished by the County to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the County. 2.2.2 The Consultant shall review with the County and Department of Project Management: proposed site use and improvements, required permits, zoning, selection of materials, building systems and equipment; and method of Project delivery. 2.2.3 The Consultant shall review with the County and the Department of Project Management alternative approaches to design and construction of the project. 2.2.4 Based on the mutually agreed upon program, schedule and construction budget requirements, the Consultant shall prepare, for approval by the County, Schematic Design 3 Redevelopment of Bernstein Park Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 At intervals mutually agreeable to the County, Department of Project Management, and Consultant, the Consultant shall provide drawings and other documents which depict the current status of Schematic Design for the County's review and the Department of Project Management's information. The Consultant shall provide an estimate of anticipated cost in accordance with the design development phase. 2.2.6 Upon completion of the Schematic Design Phase, the Consultant shall provide drawings, outline specifications, estimate of anticipated cost in accordance with the schematic designs, and other documents for the County's approval and the Department of Project Management's information. 2.2.7 The Schematic Design must be approved in writing, by the County prior to Consultant continuing to the Design Development Phase. 2.3 SCHEMATIC DESIGN PHASE REQUIREMENTS 2.3.1 The Schematic Design Phase services shall respond to program requirements and consist of preparation of: Conceptual site and building plans, preliminary sections and elevations, development of approximate dimensions, areas and volumes, concept sketches as required to explain the design intent to the County. Perspective renderings and models, if required by the County, will be billed as an additional service as billed as a reimbursable expense if that service is performed by additional consultants after the County's written approval. 2.4 DESIGN DEVELOPMENT/DOCUM ENT PHASE 2.4.1 Based on the approved Schematic Design Documents and any adjustments authorized by the County in the program, schedule or construction budget, the Consultant shall prepare Design Development Documents for the Department of Project Management's review and the County's approval. The Design Development Documents shall consist of drawings and other documents that establish and describe the size and character of the Project as to architectural /civil, landscaping, structural, mechanical, and electrical systems, materials and such other elements as may be appropriate. 2.4.2 At intervals mutually agreeable to the County, the Department of Project Management and Consultant, the Consultant shall provide drawings and other documents which depict the current status of design development for the County's review and the Department of Project Management's information. The Consultant shall provide an estimate of anticipated cost in accordance with the design development phase. Redevelopment of Bernstein Park 2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS 2.5.1 Upon completion of the Design Development Phase, the Consultant shall provide drawings, outline specifications and other documents for the County's approval and the Department of Project Management's information. The Consultant shall provide an estimate of anticipated costs in accordance with the design development phase. 2.5.2 The Design Development Documents must be approved in writing, by the County prior to Consultant continuing to the Construction Documents Phase. 2.6 CONSTRUCTION DOCUMENTS PHASE 2.6.1 Based on the approved Design Development documents and any further adjustments authorized by the county in the scope or quality for the Project or in the construction budget, the consultant shall prepare, for approval by the County and Monroe County Project Management, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. 2.6.2 The Consultant shall provide Drawings and Specifications for the County's and the Department of Project Management's review. 2.6.3 Upon completion of the Construction Documents Phase, the Consultant shall provide Construction Documents for the County's and Monroe County Project Management Department's approval. Once approved the Consultant shall provide the County eight (8) complete signed and sealed sets of construction drawings and eight (8) completed Project Manuals with technical specifications, saved electronically in Adobe Acrobat file (.pdf) format. Any and all files used to create the technical specifications need to be submitted saved as an Adobe Acrobat file (.pdf) format, including but not limited to; technical sections, reports such as, asbestos, geotechnical, soils, paint, and photographs. The Consultant shall provide an estimate of anticipated costs in accordance with the construction development phase. 2.6.4 The Consultant shall assist the County and the Monroe County Project Management Department in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the forms of Agreement between the Owner and the Contractors. 2.6.5 The Consultant's construction documents (plans, specifications, etc.) will conform to all written codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of their Agreement, and shall be of such completion as to receive all permits when applied for. If permits are denied, then the Architect will conform the construction documents in such manner to receive permits upon such plans. Work required from the Consultant to conform the documents to federal, state, city, county, or agency specifications and permit Redevelopment of Bernstein Park requirements to allow them to be approved shall be completed at no charge or cost to the County. 2.7 BIDDING OR NEGOTIATION PHASE 2.7.1 The Consultant, following the County's approval of the construction Documents and the Consultant's latest estimate of Construction Cost, shall assist the Monroe County Project Management Department in obtaining bids or negotiated proposals and assist in preparing contracts for construction. 2.7.2 The Consultant shall assist the Monroe County Project Management Department in issuing bidding documents to bidders and conducting pre -bid conferences with prospective bidders. The Consultant, with the assistance of the Monroe County project Management Department, shall respond to questions from bidders, and shall issue addenda. 2.7.3 The Consultant shall attend a pre - construction meeting with the contractor awarded the contract for construction. 2.8 CONSTRUCTION ADNIINSTRATION PHASE 2.8.1 The Consultant's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for construction and terminates with the issuance to the County of the final Project Certificate for Payment including the submission of all project closeout documents by the consultant and Contractor. The Consultant will administer the county's contract as provided for in that document. The Consultant agrees to perform a project check prior to the end of warranty period as a part of the contract. The check shall not exceed one working day unless additional time is approved by the Owner. 2.8.2 The Consultant shall at all times have access to the Work whenever it is in preparation or progress. 2.8.3 The Consultant shall, as contemplated herein and in the Construction Contract, but not otherwise, act on behalf, and be the agent, of the County throughout construction of the Project. Instructions, directions, and other appropriate communications from the County to the Contractor shall be given to the Contractor by the Consultant or Monroe County Project Management Department. 2.8.4 Upon receipt, the Consultant shall carefully review and examine the Contractor's Schedule of Values, together with any supporting documentation or data which the County or the Consultant may require from the contractor. The purpose of such review and examination shall be to protect the County from an unbalanced Schedule of Values Redevelopment of Bernstein Park which allocates greater value to certain elements of the Work than is indicated by such supporting documentation or data, or than is reasonable under the circumstances. If the Schedule of Values were not found to be appropriate, or if the supporting documentation or data is deemed to be inadequate, and unless the County directs the Consultant to the contrary in writing, the Schedule of Values shall be returned to the Contractor for revision of supporting documentation or data. After making such examination, if the Schedule of Values is found to be appropriate as submitted, or if necessary, as revised, the Consultant shall sign the Schedule of Values thereby indicating its informed belief that the Schedule of Values constitutes a reasonable, balanced basis for payment of the Contract Price to the Contractor. The Consultant shall not approve such Schedule of Values in the absence of such belief unless directed to do so, in writing, by the County. 2.8.5 The Consultant shall have authority, after notification to the Monroe County Project Management Department to reject Work, which does not conform to the Contract Documents. 2.8.6 The Consultant shall carefully inspect the work of the Contractor and shall, at a minimum, inspect work at the Project site once every other week, unless otherwise needed. The purpose of such inspections shall be to determine the quality and quantity of the work in comparison with the requirements of the Construction Contract. In making such inspections, the Consultant shall protect the County from continuing deficient or defective work, from continuing unexcused delays in the schedule and from overpayment to the contractor. Following each inspection, the Consultant shall submit a written report of such inspection, together with any appropriate comments or recommendations to the County. 2.8.7 The Consultant shall initially approve periodic and final payments owed to the contractor under the Construction Contract predicated upon inspections of the work and evaluations of the Contractor's rate of progress in light of the remaining contract time and shall issue to the County Approvals of Payment in such amounts. By issuing an Approval of Payment to the County, the Consultant reliably informs the County that the Consultant has made the inspection of the work required, and that the work for which payment is approved has reached the quantities or percentages of completion shown, or both, that the quality of the Contractor's work meets or exceeds the requirements of the Construction Contract, and that tinder the terms and conditions of the Construction Contract, the County is obligated to make payment to the Contractor of the amount approved. 2.8.8 The issuance of an Application for Payment shall not be a representation that the Consultant has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the work. (2) reviewed construction means, methods, techniques, sequences or procedures. (3) reviewed copies of requisitions received from Subcontractors and materials suppliers and other data requested by the County to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the contract sum. 7 Redevelopment of Bernstein Park 2.8.9 The Consultant shall have authority, after notification to the Monroe County Department of Project Management, to reject work, which does not conform to the Contract Documents. Whenever the Consultant considers it necessary or advisable for implementation of the intent of the Contract Documents the Consultant will have authority, upon written authorization for the County, to require additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such work is fabricated, installed or completed. 2.8.10 The Consultant shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Consultant's action shall be taken with such reasonable promptness as to cause no delay in the Contractor's work in in construction by the County's own forces, while allowing sufficient time in the Consultants professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and instructions for installation or performance of equipment or systems designed by the contractors, all of which remain the responsibility of the contractors to the extend required by the Contract Documents. The Consultants review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Consultant, of construction means, methods, techniques, sequences, or procedures. The Consultant's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristic of materials, systems or equipment is required by the Contract Documents, the consultant shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. Consultant shall take appropriate action on submittals within 14 calendar days. The Consultant shall maintain a tracking log for the submittals which shall include but not be limited to; the submittal as named in the specification, all dates as required for tracking and the status of approval. A copy of the tracking log will be made available to County when requested. 2.8.11 The Consultant shall review and sign or take other appropriate action on Change Orders and Construction Change Directives prepared by the Monroe County Project Management Department for the County's approval and execution in accordance with the Contract Documents. 2.8.12 The Consultant shall promptly provide appropriate interpretations as necessary for the proper execution of the work as long as there is no change in Contract price. 2.8.13 The Consultant shall require inspection or re- inspection and testing or retesting of the work, to include architectural/engineering, structural, mechanical and electrical engineering portions of the work, in accordance with the provisions of the Construction Contract whenever appropriate. 2.8.14 The Consultant, assisted by the Monroe County Project Management Department, shall conduct inspections to determine the dates of Substantial Completion and the date Redevelopment of Bernstein Park of Final Completion. The Consultant shall submit to the County a list comprised of incomplete and/or unacceptable items required by the Contract Documents to include architectural/engineering, structural, mechanical and electrical engineering portions of the work. The Consultant shall forward to the Department of Project Management warranties and similar submittals required by the Contract Documents which have been received for the Contractor. The Consultant shall issue a final Project Application for Payment upon compliance with the requirements of the contract Documents. 2.8.15 The Consultant shall interpret and decide matters concerning performance of the Contractor under the requirements of the Contract Documents upon written request. 2.8.16 Interpretations and decisions of the Consultant shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings and submitted on proper Construction Change Directives. 2.8.17 The Consultant shall render written decisions within a reasonable time on all claims, disputes or other matters in question between County and Contractor relating to the execution or progress of the Work as provided in the Contract Documents. 2.8.18 Duties, responsibilities and limitations of authority of the Consultant shall not be restricted, modified or extended without written agreement of the County and Consultant. 2.8.19 The Consultant shall be a representative of and shall advise and consult with the County during construction until final payment to the Contractor is due and as a Basic Service at the County's direction from time to time during the correction period as described in the Contract for Construction. 2.8.20 The Consultant shall transmit to the County all manuals, operating instructions, as -built plans, warranties, guarantees and other documents and things required by the Construction Contract and submitted by the Contractor. 2.8.21 The Consultant shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Consultant shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. The Consultant shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.8.22 The Consultant shall testify in any judicial proceeding concerning the design and construction of the project when requested in writing by the County, and the Consultant shall make available to the County and personnel or consultants employed or retained by the Consultant for the purpose of reviewing, studying, analyzing or investigating any claims, contentions, allegations, or legal actions relating to, or arising out of, the design or construction of the project. Testimony will be provided as part of the basic services 9 Redevelopment of Bernstein Park when in defense of claims for actions of the Consultant, unless otherwise prevented by counsel of the Consultant and which time it would be subject to subpoena. For other claims against the County the Consultant will do this under an expert witness with compensation at a rate of $150.00 per hour, or otherwise negotiated. 2.8.23 The Consultant shall make available to the County any personnel or consultant employed or retained by the Consultant for the purpose of reviewing, studying, analyzing or investigating any claims, contentions, allegations, or legal actions relating to, or arising out of, the design or construction of the project. 2.8.24 The Consultant shall review any as -built drawings furnished by the Contractor and shall certify to the County that same are adequate and complete. 2.8.25 The Consultant shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Consultant or his consultants, or both. 2.8.26 The Consultant must reimburse the County for any added costs paid by the County during construction that were incurred as the result of any omission, deficiency, or conflict in the work product of the Consultant, its consultants, or both. This added expense is defined as the difference in cost from that which the Owner would have paid if the work was included in the bid, and the actual cost presented by the Contractor. 2.8.27 The Consultant is required to attend all scheduled construction progress meetings. ARTICLE III ADDITIONAL SERVICE 3.1 The services described in this Article III are not included in Basic Services. They shall be paid for by the Board of County Commissioners as an addition to the compensation paid for the Basic Services but only if approved, in writing, by the County, and may need approval by the Board of County Commissioners before commencement, and are as follows: 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES If more extensive representation at the site than is described above is required, the Consultant shall provide one or more project representatives to assist in carrying out such additional on -site responsibilities. Consultant shall bill for additional services at the hourly rates established on Exhibit A. 3.2.2 Consultant's representation beyond four public meetings with the Park and Recreation Board and two public meetings with the Monroe County Board of County to Redevelopment of Bernstein Park Commissioners shall be considered additional service representation beyond basic services and shall be bill at hourly rates established on Exhibit A. 3.3 OPTIONAL ADDITIONAL SERVICES 3.3.1 Providing detailed quantity surveys or inventories of material and equipment. 3.3.2 Providing analysis of owning and operating costs. 3.3.3 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings, and related equipment. 3.3.4 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.3.5 Providing special surveys, site evaluations or comparative studies of prospective sites. 3.3.6 Providing special surveys or environmental studies required for approvals of governmental authorities or others having jurisdiction over the project. 3.3.7 Providing service relative to future facilities, systems and equipment. 3.3.8 Providing detailed estimates of the construction cost (an item by item enumeration and analysis of all the costs that go to make up the Consultant's final estimate described above). 3.3.9 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.3.10 Providing services of consultants for other than architectural/engineering, civil, structural, mechanical and electrical engineering portions of the project provided as a part of Basic Services 3.3.11 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural /engineering practice. 3.3.12 Providing assistance with public agencies such as the South Florida Water Management District and/or the Army Corps of Engineers, requiring formal review of project and preparation of documents, reports, studies, renderings, models, payment of fees, applications and other material necessary to seek such approval. 3.3.13 Florida Green Building Coalition Land Development Certification. 11 Redevelopment of Bernstein Park 3.4 CONTINGENT ADDITIONAL SERVICES 3.4.1 Making revisions in Drawings, Specifications or other documents when such revisions are: a. Inconsistent with approvals or instructions previously given by the County, including revisions made necessary by adjustments in the County's program or project budget. b. Required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents and not reasonably anticipated; or C. Due to changes required as a result of the County's failure to render decisions in a timely matter. 3.4.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the County's schedule, or the method of bidding or negotiating and contracting for construction. 3.4.3 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work. 3.4.4 Providing services in connection with public hearings, beyond the number of public hearings and meetings described in Basic Services. ARTICLE IV OWNER'S RESPONSIBILITIES 4.1 The County shall establish and update an overall budget for the Project based on consultation with the Consultant, which shall include the Construction Cost, the County's other costs and reasonable contingencies related to all of these costs. 4.2 The County shall designate the Department of Project Management to act on the County's behalf with respects to the Project. The County or Department of Project Management shall render decisions in a timely manner pertaining to documents submitted by the Consultant in order to avoid unreasonable delay in the orderly and sequential progress of the Consultant's services. 4.3 The County shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements, and adjoining property and structures; adjacent drainage; rights -of -way; restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information 12 Redevelopment of Bernstein Park concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 4.4 The County shall furnish the geotechnical tests when requested by the Consultant. Such tests may include, but not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, and ground corrosion and resistively tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 4.5 The County shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the County may require to verify the Contractor's Application for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the County. 4.6 The services, information, surveys and reports shall be furnished at the County's expense, and the Consultant shall be entitled to rely upon the accuracy and completeness thereof. 4.7 Prompt written notice shall be given by the County to the Consultant if they become aware of any fault or defect in the Project or non - conformance with the Contract Documents. 4.8 The proposed language of certificate or certificates requested of the Consultant or his consultants shall be submitted to the County for review and approval at least 14 days prior to execution. The County shall not request certifications that would require knowledge or services beyond the scope of this Agreement. 4.9 The County shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Consultant's services and work of the contractors. 4.10 The County shall furnish the Consultant copies of written communications. 4.11 The County's review of any documents prepared by the Consultant or his consultants shall solely for the purpose of determining whether such documents are generally consistent with the County's criteria, as and if, modified. No review of such documents shall relieve the Consultant of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.12 The County shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. ARTICLE V CONSTRUCTION COSTS 13 Redevelopment of Bernstein Park 5.1 Contemporaneously with the submission of the Design of Construction, the Consultant shall submit to the County, in writing, it final estimate of the contractor's anticipated price for construction of the project. Once submitted, the final anticipated price estimate shall be adjusted by the Consultant to reflect any increase or decrease in anticipated price resulting from the change in Design for Construction. 5.2 The Construction Cost shall be the total estimated cost to the county of all elements of the project designed or specified by the Consultant. 5.3 The Constriction Cost shall include the cost at current market rates of labor and materials furnished by the County and equipment designed, specified, selected or specially provided for by the Consultant, plus a reasonable allowance for the Contractor's overhead and profit. 5.4 Construction Cost does not include the compensation of the Consultant and the Consultants sub - consultants, the costs of land, rights -of -way, financing or other costs which are the responsibility of the County. 5.5 The Consultant agrees that, should the bid for construction of the project exceed it's estimate by ten percent (10 %) or more, it will redesign, redraw and/or rebid, at no additional or expense to the County, until the bids are within the stated limits. ARTICLE VI INDEMNIFICATION AND HOLD HARMLESS 6.1 The CONSULTANT covenants and agrees to indemnify, and hold harmless Monroe County and Monroe County Board of County Commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by CONSULTANT or its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONSULTANT, its Subcontractor(s) in any tier, their officers, employees, servants and agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of Consultant's failure to purchase or maintain the required insurance, CONSULTANT shall indemnify OWNER from any and all increased expenses resulting from such delay. Should any claims be asserted against OWNER by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, CONSULTANT agrees and warrants that CONSULTANT shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the OWNER'S behalf. The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for the indemnification provided for above. 14 Redevelopment of Bernstein Park The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. ARTICLE VII PERSONNEL 7.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced CONSULTANT shall notify COUNTY of the change immediately All consultants assigned by the CONSULTANT to erform any service concerning the ro'ect shall execute the following forms original signed forms and licenses shall be delivered to COUNTY prior to beginning any work on the project: Lobbying and Conflict of Interest Clause Non - Collusion Affidavit Drug Free Workplace Form Copies of all professional and occupational licenses shall be submitted ARTICLE VIII COMPENSATION 8.1 CONTRACT SUM 8.2 PAYMENTS 8.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the Consultant shall be paid monthly, in accordance with the following schedule: 15 Redevelopment of Bernstein Park (A) The Consultant's fee shall be based 1. Schematic Design 2. Design Development Phase 3. Construction Documents Phase 4. Bidding or Negotiation Phase 5. Construction Administration on the following criteria: 15 percent 30 percent 35 percent 5 percent 15 percent An estimated construction cost of $2,500,000 shall be used for the Fee Guide Calculator provided by the State of Florida, Department of Management Services for Architectural and Engineering Services. Group "E" Complexity for Construction that is considerably less than average complexity shall be used which establishes a percentage of 6.67% of the Construction Cost resulting in the Consultants fee of $166,443.00. A final adjustment will be made when construction is complete. (B) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward. (C) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. (D) The CONSULTANT will be required to submit a detailed FEE SCHEDULE with each invoice for COUNTY approval. (E) For the performance of the optional additional services and contingent additional services described above, provided same are fist authorized in writing by the County, the Consultant shall be paid hourly at the rates identified in Exhibit A, or as negotiated. 8.2.2 REIMBURSABLE EXPENSES Reimbursable expenses include expenses incurred by the Consultant in the interest of the project: a. Expense of transportation submitted by Consultant, in writing, and living expenses in connection with out -of- county travel authorized by the County, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes. 16 Redevelopment of Bernstein Park b. Fees paid for securing approval of authorities having jurisdiction over the project. c. Reproductions as requested only by the County, beyond eight signed and sealed, full size sets, plus one full size reproducible set, and one 11 x 17 reproducible set, and one re- writable CD. d. Postage of drawings and specifications, except for those charges for postage between the Consultants branch offices and between the Consultant and his sub - consultants. 8.3 BUDGET 8.3.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY'S Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY'S Board of County Commissioners. 8.3.2 The COUNTY'S performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE IX INSURANCE 9.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. Professional Liability Insurance shall also be maintained as specified. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 9.2 The coverage provided herein shall be provided by an insurer with an A.M. Best Rating of VI or better, that is licensed to do business in the State of Florida and that has an agent for service of process within the State of Florida. The insurance certificate shall contain an endorsement providing thirty (30) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 9.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida. B. Employers Liability Insurance with limits of Five Hundred Thousand Dollars ($500,000) per Accident, Five Hundred Thousand Dollars ($500,000) Disease, policy limits, Five Hundred Thousand Dollars ($500,000) Disease each employee. t7 Redevelopment of Bernstein Park C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non -owned vehicles, with Three Hundred Thousand Dollars ($300,000.00) combined single limit or Three Hundred Thousand Dollars ($300,000.00) per occurrence and Two Hundred Thousand Dollars ($200,000.00) per person and Two Hundred Thousand Dollars ($200,000.00) Property Damage. D. Commercial general liability covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Independent Contractors; Three Hundred Thousand Dollars ($300,000.00) per Person and Two Hundred Thousand Dollars ($200,000.00) Property Damage and Five Hundred Thousand Dollars ($500,000.00) per occurrence, or a Contractual Liability Endorsement with Five Hundred Thousand Dollars ($500,000) combined single Limit. E. Professional liability insurance of Five Hundred Thousand Dollars ($500,000.00) per claim and One Million Dollars ($1,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. Architectural Errors and Omissions Insurance of Five Hundred Thousand Dollars per occurrence ($500,000.00), or One Million Dollars ($1,000,000.00) Aggregate. G. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverage identified in Paragraphs C and D. H. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. I. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured by Section 12.1.3 including any subsection thereunder. The COUNTY reserves the right to require a certified copy of such policies upon request. 18 Redevelopment of Bernstein Park ARTICLE X OWNERSHIP OF DOCUMENTS 10.1 OWNERSHIP OF THE PRELIMINARY DESIGN AND THE. DESIGN FOR CONSTRUCTION 10.1.1 The Drawings, Specifications and other documents prepared by the Consultant for this project are instruments of the Consultant's service for use solely with respect to this project. The Consultant shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights. Consultant's Drawings, Specifications and other documents shall not be used by the County or others on other projects, except by agreement in writing. The Consultant's Drawings and Specifications, and other documents, may be used for completion of this project by others. 10.1.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the project is not to be construed as publication in derogation of the Consultant's reserved rights. 10.1.3 - The As -Built drawings and specifications will be furnished by the contractor to the County in electronic format in addition to the original As -Built documents. 10.1.4 The County may utilize the constriction documents, As -Built documents, etc. as required for reference on any necessary future work on the site. ARTICLE XI SUCCESSSORS AND ASSIGNS 11.1 The CONSULTANT shall not assign its right hereunder, except its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the COUNTY. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives. of such other party. ARTICLE XII NO THIRD PARTY BENEFICIARIES 12.1 Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. ARTICLE XIII TERMINATION 13.1 Either party hereto may terminate this contract upon giving seven (7) days written notice to the other in the event that such other party substantially fails to perform its material obligations set forth herein. Termination expenses shall include all usual 19 Redevelopment of Bernstein Park expenses until date of termination and any additional services required in order to stop performance of services, subject to County audit for verification. Consultant shall not include additional expenses not directly related to termination after notice is given. 13.1.1 The County may terminate this agreement without cause by giving the other party thirty (30) days written notice. 13.1.2 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Bard of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE XIV ENTIRE AGREEMENT 14.1 This contract consists of this Agreement, the CONSULTANT'S response to the Request for Qualifications for the Redevelopment of Bernstein Park on Stock: Island, Monroe County. Florida the documents referred to in the Agreement as a part of this Agreement, and attachments. In the event of any conflict between any of the contract documents, the one imposing the greater burden on the CONSULTANT will control. 14.1.1 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a proposal on contracts to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY'S competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. 20 Redevelopment of Bernstein Park CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. ARTICLE XV ADDED REQUIREMENTS 15.1 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. 15.2 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the OWNER or County Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 15.3 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in Monroe County, Florida, in the appropriate court or before the appropriate administrative body. The Parties waive their rights to a trial by jury. The COUNTY and CONSULTANT agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of the parties, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 15.4 SEVERABILITY 21 Redevelopment of Bernstein Park If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 15.5 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non - prevailing party, and shall include reasonable attorney's fees and courts costs, in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. The OWNER and CONSULTANT agree that nothing in this Agreement obligates them to Arbitration and they agree to Mediation of disputes instead of Arbitration. 15.6 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 15.7 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. 15.8 CLAIMS FOR FEDERAL OR STATE AID N /A. 15.9 ADJUDICATION OF DISPUTES OR DISAGREEMENTS OWNER and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 15 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of 22 Redevelopment of Bernstein Park County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 15.10 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, OWNER and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 15.11 NONDISCRIMINATION CONSULTANT and OWNER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or OWNER agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 15.12 COVENANT OF NO INTEREST 23 Redevelopment of Bernstein Park CONSULTANT and OWNER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 15.13 CODE OF ETHICS OWNER agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 15.15 NO SOLICITATION/PAYMENT The CONSULTANT and OWNER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15.16 PUBLIC ACCESS. The CONSULTANT and OWNER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and OWNER in connection with this Agreement; and the OWNER shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. 15.17 NON - WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 15.18 PRIVILEGES AND IMMUNITIES 24 Redevelopment of Bernstein Park All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 15.19 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non- Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 15.20 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 CONSULTANT and the OWNER agree that neither the CONSULTANT nor the OWNER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 15.21 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as OWNER may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 15.22 NO PERSONAL LIABILITY 25 Redevelopment of Bernstein Park No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 15.23 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 signing any such counterpart. S WHEREOF, each party has caused this Agreement to be executed by its ed representative on the day and year first above written_ BOARD OF COUNTY COMISSIONERS OF M++O E COUNTY, FLORIDA By: _ ' # Mayor /Chairman (Seal) Attest: Witness for CONSULT Date: dd l �•�e Date: 04.60 e 14 2 MONROE COUNTY ATTORNEY APAOVED AS TO FORM/ 7; gAT! EEhsE W. CASREL 6S13_7ANT C0.JNTYATTORNEY Date 26 Redevelopment of Bernstein Park SECTION FOUR COUNTY RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 2 -213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No.(s) I have included: • The Response Form • Lobbying and Conflict of h P erect Clause • Non - Collusion Affidavit " V ,C • Drug Free Workplace For�rn V • Respondent's Insurance and Indet ification Statement • Insurance Agent's Statement • Professional and Occupational Licenses I have included a current copy of the following professional and occupational licenses: Cheek mark itenns above as a reminder that thEy are included.) Mailing Address: I N SZ I 4 - 3 Telephone: 3 0i lf d- Date: Signed: T- 1 Fax:. -jVM 32 REQUEST FOR QUALIFICATIONS FOR THE REDEVELOPMENT OF BERNSTEIN PARK, STOCK ISLAND, MONROE COUNTY, FLORIDA LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) "... warrants that he /it has not employed, retained or otherwise had act on his /its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010 -1990 or any County officer or employee in violation of Section j of Ordinance No. 010 -1990. For breach or violation of this provision the County n4y, in its discretion, terminate this Agreement without liability and may also, in its discr tio, deduct from the Agreement or purchase price, or otherwise recover, the 1"u amount of any fee, commission, percentage, gift, or consideration paid to the 96 rmer County officer or employee ". M �^ . commission e ires r �_ Commission # EE 097995 REQUEST FOR QUALIFICATIONS FOR THE REDEVELOPMENT OF BERNSTEIN PARK, STOCK ISLAND, MONROE COUNTY, FLORIDA NON - COLLUSION AFFIDAVIT of the city of G��'1 kn''f according to law on my oath, and under penalty of perjury, depose and say that: 1. I am of the firm of �+ rtl the bidder making the Proposal for the project described in the Request for Qualifications for: 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 corporation to submit, or not to submit, a bid for the purpose of restricting /iis tion; 5. the statements contai affidavit are true and correct, and made with full knowledge that Nounty relies upon the truth of the statements contained in this affid warding contracts for said project. of Respondent) STATV0F: WTA.,y PUBLIC y C 0. 00MM lssfi�n pw�s 1, t IU tags 35 REQUEST FOR QUALIFICATIONS FOR THE R13DEVEL ERNS` 'EIN T' , STOCK ISLAND, MONROE COUNTY, FLORIDA DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the Cement, I certify that this firm complies fully with the above requirements. Respondent's Signature 1 9 //� 34 REQUEST FOR QUALIFICATIONS FOR THE REDEVELOPMENT OF BERNSTEIN PARK, STOCK ISLAND, MONROE COUNTY, FLORIDA PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a 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 construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." T have read 94d, acknowledge the Public Entity Crime Statment r Si atur Date. 6 0 00 36 REQUEST FOR QUALIFICATIONS FOR THE REDEVELOPMENT OF BERNSTEIN PARK, STOCK ISLAND, MONROE COUNTY, FLORIDA RffijLLNCE A(jW I Or I ATEMENI I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policiies are ✓ Occurrence Claims Made -n Insurance Agency MPQ STATENEENT I understand the insurance-that will be mandator if awiwded in full with all tbd rouirements. I j .A&A& �Oft L'y0mv RmQndent contract and will comply n& 6y ve, Wayike� 4 C0kYx be, ' atA 48 REQUEST FOR QUAL WCATION ST ' OR, THE REDEVELOPMENT Or BERNSTEIN PA W. STOCK ISLAND, MONROE C OUNTY, FLOWDA, 2013 % 2014 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2014 e RECEIPT# 46110 -61429 CT Business Name: WILLIAM P HORN ARCHITE R D Owner Name: WILLIAM P HORN Busrn� Lcidajjon: 915 EATON ST Mailing Address: KEY WEST, FL 33040 915 EATON ST Business Ph6nd'. 305 -296 -8302 KEY WEST, FL 33040 i3uslnass irTse, PROFESSIONAL (PROFESSIONAL ARCIITE c 0 e Collection Cost E STATE 30.DD ° LICENSE AR- -3537 I.OQ Tax Amount Transfer Fee` Sufi -Total Penalty Prior Years, Total Paid E L . � L Paid 123 -12- 00008218 :09-1 X0.00 L vs c THIS BECOMES A TAX RECEIPT Danise D: Henriquez� GFC, Tax Collector A THIS IS ONLY TAX. L W WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND /OR MUNICIPALITY PLANNING AND ZONING REQUIREMENTS. c Collection Cost 30.DD I.OQ 4 ! STATE OF FLORID f. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF ARCHITECTURE & INTERIOR DESIGN SEOtT.1,rtgn -,nn -7an DATE : - LICENSE NBR 12/05L2012 128159140 AR0013537 Named below IS LICENSED Under the provisions of Chapter +8�1 F Expiration date: FEB 28 2015 HORN,. 'WILLIAM. 'P 915 EATON STREET DATE BATCH NUM13ER :- The ARCHITECT CORPORATION Named below IS CERTIFIED Under the provisions of Chapter 4 Expiration date.: FEB 28 2015 - WILLIAM P HORN ARCHITECT PA.' I 915 EATON ST KEY WEST FL 33040 a RICK SCOTT KEN LAWSON GOVERNOR DISPLAY AS REQUIRED BY LAW SECRETARY -v n m rt -o State Florida Is licensed as a Professional EATMIter-unjer I Chapter 471, Florida Statutes Expiration: 2/28/2015 P.E.Lic. No: Audit No: 228201522135 51468 i i I 1� I I I I III I I I I III I I I III I �, 11 '111 ",11 11 111 111 1 1 1 1 111 1 1 1 1 1 1 1 11 . . I "I . ! "I . I I OM - M1411. - . . rlff� State of Florida Is licensed as a Professional: tn"g'Ge�er'' u 471, Florida Statutes Expiration: 2/28/2015 P.E. Lic. No. Audit No: 228201509622 44137 State Board of Professio.nal Engineers Attests that Innovative Engineering Group Inc # £i.tia +. F1 a1 d93i93 . is auc rixed under the provisions of Section 41.0 3, Frlorido Statutes, to offer Mgineering services to the public through a Professional Engineer, duly licensed under Chapter 471, Florida Statutes_ Expmmon: 2128/2015 CA Lit. No: A -d - 1c No: 228201500064 Certificate of Authorization 6717 State of Flo rida Board of Professional Engineers Attests that Sud Kumar GuptO,. ,.Ee PP Is licensed as a Professional Engineer under Chapter 471, Florida Statutes ^ rwdon_ 2128/2015 T .E. Lic. No: =j. ft No - . 228201500217 29189 x t, cm MITCHELL PLANNING & DESIGN, INC. Filing Information Document Number FEI /EIN Number Date Filed State Status Principal Address P10000015794 271970636 02/19/2010 FL ACTIVE 15450 SE 103RD PLACE ROAD OCKLAWAHA, FL 32179 Changed: 03/25/2011 j Mailing Address C/O BARKER SERVICES, PO BOX 12 KEY WEST, FL 33041 Registered Agent Name & Address BARKER, RONALD A 3 ARBUTUS DRIVE KEY WEST, FL 33040 Officer /Director Detail Name & Address Title PRES MITCHELL, BARBARA A 115450 SE 103RD PLACE RD OCKLAWAHA, FL 32179 Annual Reports Report Year Filed Date ? M PAR M 2013 03/08/2013 State of Florida Department of State I certify from the records of this office that LANDWISE DESIGN, INC is a corporation organized under the laws of the State of Florida, filed on August 2, 2004, effective July 30, 2004. The document number of this corporation is PO4000112416. I further certify that said corporation has paid all fees due this office through E December 31, 2013, that its most recent annual report/uniform business report ' was filed on April 11, 2013, and its status is active. L CL I further certify that said corporation has not filed Articles of Dissolution. Q Secretary of State `State _ �ra [Authentication ID: CC8666905818 To authenticate this certiticatevisit the following site,enter this ID, and then follow the instructions displayed. https://effie.sunhi7-orgtcertauthver.html Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this is the Eleventh day of April, 2013 L CL _. Q Secretary of State `State = �ra [Authentication ID: CC8666905818 To authenticate this certiticatevisit the following site,enter this ID, and then follow the instructions displayed. https://effie.sunhi7-orgtcertauthver.html AMMMOMMwacm!"mas M1, ' 74, 0 1-1 11 � ; -, I QF �L.�DR[DA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF LANDSCAPE ARCHITECTURE SEQ #LI1113001203 14� 3 !LA 6666 2 The LANDSCAPE ARCHITECT . Named below HAS REGISTERBD Under the Provisions of Chaffer Expiration date: NOV 30, 2013 QUALIFIED PROFESSIONAL MANGROVE ROBERTS, LADD B 4073 SAN JUAN AVENUE JACKSONVILLE FL 32210 RICK SCOTT GOVERNOR DISPLAY LAGVSON DISPLAY AS REQUIRED BY LAW SECRETARY EXHIBIT "A" WILLIAM P. HORN ARCHI'T'ECT, P. A. Licanse No. AA 0003040 915 EATON STREET, KEY WEST, FLORIDA 33040 PHONE: 305- 296 -3302 F".X- 30± 296 -1033 Dates 4/27/13 To.- David R. Hill Director of Project Management Monroe County Re: 2013 Hourly Rates Bernstein Park Contract Dear Mr. Hill, Please see the following hourly rates below. List of Subcontractors: MEP Engineer- Innovative Engineering Group Civil Engineer Perez Engineering & Development, Inc. Structural Engineer Thomas Timmins, PE Landscape Architect- Landwise Design, Inc. Planner - Mitchell Planning & Design, Inc. Sustainability Consultant- Trifecta Construction Solutions Our standard hourly rates are as follows: Architect: Principal Architect $225.00/hr Architect $150.00 /hr Intern Architect $125.00/hr Draftsperson $95.00 /hr Strtictural Engineer: Structural Engineer $150.00 /hr MEP Engineer: Engineer $150.00 /hr Drafting $75.00/hr Civil Engineering: Principal Civil Engineer $150.00 /lat' Senior Civil Engineer $120.00 /lir Civil Engineer $100 -00 /hr Drafting $85.00/hr Landscape Architect: Landscape Architect $150.00 /hr Landscape Designer $100.00/hr Planner: Principal Planner $150.00/hr Sustainabiiity Consultant: Principal $180.00/hr Sr. Project Manager $125.00 /hr Project Manager - $95.00 /hr Research Associate $75.00/hr Office Manager $45.00/hr Please call if you have any questions. We are looking forward to working with you. Sincerely WILLIAM P ARCHITECT, P.A. William P. Horn, Principal � ID . - N JI r DATE (MUDDIYYYY CERTI FICATE OF LIABILITY INSURANC rwnslr THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIS BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEI REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. impoRTANT. E file CB tificllte holder is an ADDITIONAL INSURED, the pollcy( must be endorsed. If SUBROGATION IS WAIVED, subject b the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certlflcatB does not confer rights to ft certificate holder in Iiau of such endorsefflent(s). PRODUCER 305- 294 -6677 The Ftullersl, Inc 305 - 2924841 1432 Kennedy Drive Key West, FL 33 Norman Fuller INSURLO William P Hom Architect PA Bill Horn 915 Eaton St. Key West, FL 33040 Florida Retail THIS IS TO CERTIFY THAT THE POLICIES OF pNSURRANCE 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 HAVF RFaN Pr-N Irrn eav pnrn rl elaec TT TYPE OF IIISURANCE POLICY NUMBER YY LWITB GENERAL LIABILITY EACH OCCURRENCE S i1 S COMMERCIAL GENERAL LIABILITY CLAIMSS -MADE OCCUR MED EXP (AtV erne persool S PERSONAL ADV INJURY $ GENERALAGGREGATE S GENL AGGREGATE LIMIT APPLIES PER. I >?yk.VCY P k I.00 PRODUCTS - COMPIOP AGO $ _. $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Par person) $ ALL OWNED AUTOS BODILY INJURY (For accident) $ SCHEDULED AUTOS PROPERTY DAMAGE (Forecoident) S HIRED AUTOS NON-OWNED AUTOS > $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE S EXCESS LIAR CLAIMS -MADE DEDUCTIBLE $ $ RET NTION S - A WORKERS COMPENSATION AND BMPLOYMV LIABILITY ANY PROPRIETOR/PARTNER/EX&CUTIVE YIN OFFICERIMEMBER EXCLUOED7 NIA 52040146 01/01/13 01/01!14 WC STAT - I X OTH- I LIMITS II _ E.L. EACH ACCIDENT $ 1,000,01 ... 1,000,0) . E,L. DISEASE -EA EMPLOYEE - 3 (Blandatbry InNN) m es, describe under SCRIPTI OF OpER5T10 be(c E L DISEASE - POLICY LIMIT S 1,D00 DESCRIPTION OF OPERATIONS 1 LOCATIONS f VEHICLES (Moen AOORD 109, Addllional Rerneft SeheduK If more apace Is required) MONRCON Monroe County Board of County Commissioners 1100 Simonton Street Key West, FL 33040 ACORD 25 (2009109) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WI]H THE POLICY PROVISIONS. AUTNORMED Norman I 0 The ACORD name and logo are registered 1 CORPORATION. All rights reserved. n n THIS IS TO CERTIFY THA THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THIS INSURED NAMED ABOVE FOR THE POLICY PaIIOD INDICATED. NOTWITHSTANDING ANY REOUPREMENIT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO W10CH THIS CERTIFICATE. MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICI E,S DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAV BEEN REDUCED BY PAN) CLAIMS. GORM LWILITY A► c tAL R OCCUR I uASII ] X Fx pen = 01 :� - M -0 ""Au" zcu ExCM LW ct,v usouCnwA VIM M NIA OF OPERATION!! I LOCATIONS I VENKUB (qjmM ACORS 101, Ad4goMl RmudW Ba1NC4R6 If MAN opw b;;;;; III i MONRCON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 85 CANCELLED BEFORE Monroe County Board of County T HE EXPIRA VAT H DrAT LN: PROVISIONS NOTIC 1MLL OR DELIVERED IN Commissioners 1100 Simonton Street Ho Key West, FL 33040 Norman Fuller ®1 Ct1R1'tkFiATIf7N. All rights rosanred. ACCRD 25 (2009105) The ACORD name and logo are MUlatered marks D OW1113 1 00/21114 As As COMSIMM SMLE LIMIT' S (ea w0woro IT SODILYIWURY(PBR * MI S BODILY INJURYIPae j S PROPEM O MAW s �i s As As �a OP ID 1 CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGM UPON THE CERTIFICATE HOLDEM THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, WMND OR ALTER THE COVERAGE AFFORDED By THE POLICIES BELOW. THIS CERTIFICATE OF IRSJURANQE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCT ,BIND THE CERTIFICATE HOLDSA IMPORTANT: if the certlft to ar — 18 -- an A1t6I110N iImSUI; b "pcltoyliea) trust b 64domet SUS It TIt1N IS IPNAIVEI7, sub to Ow tens and conditions M tit• polky, certain policies may m4ulre an endorsement A statement an this eerfHicato dolls not confer rights to the ce1111128ts 1114der to Ilea a e h e fefeemen a. PrJUMPR 305 - 2944977 - The Fullers, Inc 305.2921 1432 Kent Drive _ Key Want, FL 33040 _ Nonn Fuller d•HtORNVWIi fdWRLMIMPOWN GOVINM _ _ _ Uw MUM William morel A= resetve 151 Kay Haven Rd. Key WWes% FL 33040 e fN9 c: IN8 D: - R RE: " O ERAC Ee ATE FI 8 f REM SION NUt3ER: THIS IS TO CERTIFY 'THAT THE POI ICIES IIISRIRANCE LISM SELOW HAVE BEEN *SUED 10 THE INSURED NAMED ABOVE FOR Tile FN ICY PF_RIOD INDICATED: I�IOTWtiTFISTANI ItH3 ANY R IUIRI T NT, TERM OR CONDITION OF ANY CONTRACT OTHER DOCU L NT RESPECT' TO WHICH THIS CERTIFICATE MAY 13E ISSUED OR Miley PaRTAIR, THE INSURANCE AFFORDED BY THE POLICIES DWRISED HEREIN IS SUBJECT TO ALL T14E TERMS. EXCLUSIONS AND CONDITIONS OF SUCH P OLICIES, I.fWTS S N MAY HAVE SE" RI<UtICNRf) BY PAID CLANMS. ' GONMAI Luumnv � OMMERCig OV41MAL LIADIUTY CLmms4ma ® OCCUR AND mars x C'DM019ED81Nl1atlT 31�91I1 05129H3 06129/14 t 1 BODILY INJURY 1Par parDt k YINJURYIPw!r d PROPERTY DAMAGE Y IN w lion (W OPERAS`MS l OCmno"I �tf A_ CDAD IM, J I141M Rsm�rke & -Wude, q mars a" is nquf/adl Imn Frontier8 PU 1 0 IiS 270 ! n ' FEW lk Client #:16 j12 W-11P4 AC ORD. CERTIFICATE OF L IABILITY INSURANCE DATE (MM /DD/YYY� 08/22/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Olgi:f AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS 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 endersement(s). NT PRODUCER A MT: USI Insurance Services, LLC PHONE Amc No, a, 813 321 -7500 A c. N 813 329- 7525 1715 N. Westshore Blvd. Suite 700 E -MAIL ADO ss: Tampa, FL 33607 INSURERS AFFORDINGCOVERAGE NAIL# INSURER A: Liberty Insurance Underwriters 19917 INSURED INSURER B: William P. Horn, Architect P .A. INSURER C: 915 Eaton Street INSURERD: Key West, FL 33040 INSURER E: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE L19TED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY, PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND - CONDITIONS OF SUCH POLICIES- LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, - - - L L CaL' k 4.1111IF111 L#1L'. Monroe County Board of County Commissioners Attn: Risk Management 1100 Simonton Street Key West, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 0-%:O 17V Wt-W- Aa-- ra �a r ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S10837684/M10837680 KEBEW I CERTI FICATE OF LIABILITY INSURANCE DATE {MMIDDIYI 05129,117 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION 15 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 endomement{sl. PRODUCER The Fullers, Inc 1432 Kennedy Drive Key West, FL 33040 Norman Fuller INSURED William Horn 151 Key Haven Rd. Key West, FL 33040 INSURER C: INSURER E: 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 P OLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR_.- _... ... .. . .E POLICY EFF TYPE OF INSURANCE POLICY NUMBER IMWDDNYYYI I LIMITS GENERAL LIABILITY -- EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY r"r m .. PR MISERS CLAIMS -MADE OCCUR MED EXP (Anyone cersan) S PERSO d ADV INJURY $ .. GEN ...... AGG REGATE S PRODUC - COMPIOP AGG .v. ,. mm, $ GEN'L AGGREGATE LIMIT APPLIES PER PRO- POL CY C LE LOC ..... _. _ $ AUTOMOBILE LIABILITY )( _ COMBINED SINGLE LIMIT (Ea accident) - S 1, 000, 00 A ANY AUTO X02158316 -6 05/29117 05129118 BODILY INJURY (Per person) - S v ALL OW NED AUTOS BODILY INJURY (Per accident) ... S I X X SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per accident) S _. NON- OWNEDAUTOS I S p UMBRELLA as i OCCUR EACH OCCURRENCE s EXCESS LIAR CLAIMS -MADE .._ _ - AG GREGATE _. ------ S j DEDUCTIBLE a RETENTION ._S _ S WORKERS COMPENSATION _.. WC STATU- I OTHF AND EMPLOYERS' LIABILITY Y! N ( T CRY 0. IRAu7Ta S ANY PROPRIETORIPAR TNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? I N f A E L. EAC ACCIDENT {Mandatory In NH) E L D ISEASE - EA EMPLOY S II e yys, describe under -- L.D S CRIPTION OF OPERATIONS below E,L. DISEASE - POLICY LIMIT S I _. nr C&Rl nnu nc nocownnua r 1 nc — nuc r ucuu-, we .A. 6 .nr.nn «. j A MONRCON Monroe County Board of County Commissioners 1100 Simonton Street Key West, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRE: Norman Fuller • n 305 - 294 -6677 305 - 292 -4641 1988 -2D" ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD I �__,— _,. OP ID- NF k,- CERTIFICATE OF LIABILITY INSURANCE EIMWD DAT 10117 GIYYYY) ar17r17 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate hotdsr is an ADDITIONAL INSURED, the pollcy(W) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an andoreemenL A statement on this certificate does not confer rights to the certificate holder In Hsu of such ondomeme e . PRODUCER 306- 294.6677 S The Fullers, Inc 306 - 292-4841 PHONE FAX 1432 Kennedy Drive Key West, FL 33040 Norman Fuller ' e00s ` HORNW -1 GENERAL AGGREGATE INSUIR0451 AFFORDING COVERAGE NAfC r NSUREO William P Horst Architect PA MIURER A : First Community Insurance Co. 13990 Bill Worn 916 Eaton St. Key West, FL 33040 INSURER s : LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON- OWNEDAUTOS INSURER C: AUTHORD:ED REP NsuRER o INSURER E COMBINED SINGLE LIMIT (EA eadda,d) BODILY INJURY Per VWZM) — f i e RF• BODILY INJURY (Par roddanlJ; vvvC L7CS Gr-K IIr11.AICP1unacn: KCVIDP- VMnumor.IG 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. A GENERAL LUIBILITY CLAIM &M ADE A OCCUR t GENERAL LIASIIJTY iness 0*1*rs x 1090004982996813 0912IMT 09/21/76 EACH OCCURRENCE , f x. I)OD, f A 50, MED FXP (Am one,arum) S PERSONAL 8 ADV INJURY f 2,000, Monroe County Board of County tY ty GENERAL AGGREGATE f 4,00,00( GEN'L AGGREGATE LIMIT APPLIES PER. JAI POLICY M LOC PRODU COMPIOP AGO ! i 2,000,0 i AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON- OWNEDAUTOS AUTHORD:ED REP THE Key West, FL 33040 COMBINED SINGLE LIMIT (EA eadda,d) BODILY INJURY Per VWZM) — f i BODILY INJURY (Par roddanlJ; i PROPERTY DAMAGE . (Pereaidany f f 09 A i ACORD 25 (2009109) The ACORD name and logo are registered marks fACORt UMBRELLA LIAB EXCESS LIAR OCCUR CLAIMS -IMDE ! EACH OCCURRENCE f ,: AGGREGATE .......... f OEDUCTIeLE AND EMPLOYER!' LIAINUTr ANY PROPMETORRARTNERIOXECUTNE Y MIA 2ff!FTnMBEn EXCLUDED? OF OPERATIONS r LOCATIONS I' VEHICLES (Artach ACORD 101, Addleenal Ram rke Selmdufe. Nnwre spree Is required) I n, MIONRCON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN Monroe County Board of County tY ty ACCORDANCE WITH THE PROVISIONS. Commissioners 1100 Simonton Street AUTHORD:ED REP THE Key West, FL 33040 Norman Fuller 01918 09 A CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks fACORt n, 010 In. NF '` CERTIFICATE OF LIABILITY INSURANCE F DAT 01103 IUYYYYI ov o3l,s THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the teens and conditions of the policy, certain pollcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endomemen s . PRODUCER 305 - 294$677 The Fullers, Inc 305 - 292 -4641 44 32 Kennedy Drive Key West, FL 33040 Norman Fuller UM P NE N. J. P ER c M HORNW -, NSUMN AFFORDING COVERAGE NAIC PRODUCTS - COMPIOPAGO INSURED William P Hom Architect PA INBURERA :Retail First Insurance Compan POLICY PRC?• LOG Bill Hom 915 Eaton St. Key West, FL INSURERS: INSURER D INSURER E AUTOMOBILE LIABILITY P: VwvCKAUC* UCK I IFIUA I t NLIMULK: KCYIISIUN NUMUCK: 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, M TYPE OF INSURANCE _..... _POLICY NUMBER OMITS GENERALLMABRJTY EACH OCCURRENCE I s lF �FR' COMMERCIAL GENERAL LIABILITY RMA S CLAIMSdAADE D OCCUR i MED EXP 1 &ro (Xis_ ,pn�sn, i C SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County THE ACCORDANCE WITHDAE POLIC THEREOF. IONS E WILL BE DELfYERED IN ,900 Simonton Street GEN£RAL AGGREGATE S _, i GEN'L AGGREGATE LIMIT APP41ESPER: Norman Fuller PRODUCTS - COMPIOPAGO S POLICY PRC?• LOG S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s (Es scddem) ANY AUTO s 6001LY INJURY {Per person) 3 Z ALL OWNED AUTOS BODILY INIURY (Par scsldsm) BODILY IN IN t SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS 1� ��►I _ NON•OW NED AUTOS f i UMeREL1AllAB OCCUR EACH OCCURRENCE m s EXCESS LIAR CLAIMS-MADEJ AGGREGATE 1.S ___ DEDUCTIBLE AND EMPLOYERS' LIABILITY YIN ANY A OFFIC£R�IMEMBR £%CL �Y N (Mandelory Is NNI 0 1 0,1011,9 , I DESCRIPTION OF O PERATIONS ! LOCATIONS 1 VEHICLES (Allach ACORD 101, Addleorral Remarks Sdredpts, It more space Is roq* dl C ERTIFICATE HOLDER CANCELLATION MONRCON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County THE ACCORDANCE WITHDAE POLIC THEREOF. IONS E WILL BE DELfYERED IN ,900 Simonton Street Key West, FL 33040 AUTHOMMD REPRESENT E Norman Fuller n • • El,9Nw2D0PACURD CORPORATION. All rights reserved. ACORD 25 12009109) The ACORD name and logo are registered marks of kCOR Client#: 1049512 WILLIP4 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATEimwDDIYYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 8115/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS 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 endorsement(s). PRODUCER k we cT USI Insurance Services, LLC r N . 813 321 -7500 Arc No: 1715 N. Westshore Blvd. Suite 700 E4WL Tampa, FL 33607 ADDRESS EACH OCCURRENCE S INSURERS AFFORDING COVERAGE IYAIC N INSURER A: WOSC Insurance Company 25011 INSURED INSVRER a William P. Horn, Architect, P.A. S 915 Eaton Street INSURER C : Key West, FL 33040 INSURER D : INSURER E $ INSURER 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE U6 POLICY NUMBER POLICY EFF M LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S CLAIMS -MADE OCCUR PREMISES oxuirenoe S MED EXP one parson S PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ECT LOC GENERAL AGGREGATE S PRODUCTS - COMPIOP AM S $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s a de BODILY INJURY (Per person) S ANY ALTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per acddent) S HIREDAUTOS AAU p� GE S S UMBRELLA UA9 OCCUR EACH OCCURRENCE S 4 AGGREGATE $ EXCESS I" CLAIMS4AADE DED RETENTION S S WORKER' COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTWS N OFFICERIMEMBEREXCLUDED? NIA E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE $ {Mandatory In NH) IT yyeesa desatha under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S A Professional ARAl25557401 8120/2017 081201201 $2,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additlonal Romuks Schadulr, may be attached If more space Is mqulmd) Professional Liability coverage is written on a claims -made basis. Project: Stock Island Fire Station, Bernstein Park, Annual Contract for Architectural Services P €` 'EME Monroe County Board of County Commissioners Attn: Risk Management 1100 Simonton Street Key West, FL 33040 ACORD 25 (2014101) 1 of 1 #S213099671M21307502 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELMERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORRED REPRESENTATIVE ®1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD '17:i4;J • t Clitantdk 1Dd9512 WVILLIPd ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIOoIYYYY) 1 8/161 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WANED, 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 endorsement(s). PRODUCER HIRED AUTOS USI Insurance Services, LLC 1715 N. Westshore Blvd. Suite 700 Tampa, FL 33607 ; 813 321 -7500 , No) E4ML ADDRESS• INSURER ( AFFORDING COVERAGE NAIL S INSURER A: WOSCO Insurance Company 25011 INSURED William P. Horn, Architect, P.A. 915 Eaton Street INSURER 0: INSURERC: Key West, FL 33040 INSURER D . INSURER E INSURER F: NUMBER: REVISION NUMBER: INDICATED. NOTWfTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS O SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, N TYPE OF INSURANCE UB E7IM PGUCY NUMBER M (1M t ,. I LIMNTB COMMERCIAL GENERAL LUIBILUY EACH OCCURRENCE S CLAIMS-MADE OCCUR ; I J oxurrenp�� S MED EXP .: one ) S PERSONAL 3 ADV INJURY i GENL AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE S POLICY LJ JECT LOC PRODUCTS - COMPA7P AGG S _ MWFR� I I I _ AUTOMOBILE LIABILITY ANY AUTO ALLOWNED SCHEDULED AUTOS — NON,OWNED HIRED AUTOS AUTOS UMBRELLA LUIS 1 OCCUR EXCESS LIAR CLAIMS -h DED C RETENTION; WORICW COMPENSATION AND EMPLOYERS' LIABILITY (Mandatory in tf Va. descdw A ARAl255574-02 OW LY INJURY (Per panim) I S BODILY INJURY (Per t) S P l7PFJiTY DAMAGE I S �S DISEASE - EA q 08120/2011 $2,000,000 per claim $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addlllcoal Remaft Schedule, may be ettachad N more space Is required) Professional Liability coverage is written on a claims -made basis. Project: Stock Island Fire Station, Bernstein Park, Annual Contract for Architectural Services •...: O, •:... O Monroe County Board of County Commissioners Attn: Risk Management 1100 Simonton Street Key West, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE NIA V 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) 1 of 1 The ACORD name and logo are registered marks of ACORD #S213141761M21314147 LXMCW I Par_ket Pa 1