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Item C10BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 16, 2011 Division: Administration Bulk Item: Yes X No — Department: Project Management Staff Contact Person/Phone #: Jerry Barnett X4416 AGENDA ITEM WORDING: Approval of a Second Amendment to Contract with William P. Horn Architect, P.A. for the Development of a Higg's Beach Park Master Plan. ITEM BACKGROUND: Phase I of the Higgs Beach Park Master Plan is completed and approved by the BOCC. William Horn is now ready for Phase II of the plan which will include developing the master site plan to include all of the required items to go through the Planning Board approval process of the City of Key West, and preparing a development agreement. Phase H will require a no cost contract time extension of 180 days, from March 12, 2011 to September 8, 2011. PREVIOUS RELEVANT BOCC ACTION: : On December 16, 2009 the BOCC approved a Continuing Contract with William P. Horn Architects, P.A. for Architectural/Engineering Services. On March 17, 2010 the BOCC approved a contract with William P. Horn to develop a Master Plan for the Higgs Beach Park. On December 15, 2010 the BOCC approved a First Amendment to Contract with William P. Horn to extend the contract time by 90 days, and on January 19, 2011 the BOCC approved Phase I of the Master Plan and approved to proceed to Phase H. CONTRACT /AGREEMENT CHANGES: Contract time extension of 180 days from March 12, 2011 to September 8, 2011. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $0.00 INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: $0.00 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: Coun ty Atty �OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM #. Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: William P. Horn Contract # Effective Date: 02/16/11 Expiration Date: 09/08/11 Contract Purpose/Description: Contract time extension of 180 days from 03/12/11 to 09/08/11 for Phase II of the Higgs Beach Park Master Plan Contract Manager: Ann Riger X4439 Facilities Devel/Stop #1 (Name) (Ext.) (Department /Stop #) for BOCC meeting on 02/16/11 Agenda Deadline: 02 /01 /11 CONTRACT COSTS Total Dollar Value of Contract: $ 132,000.00 Current Year Portion: $ 87,750.00 Budgeted? Yes® No ❑ Account Codes: u?- -77050 - 530310 TH07662X - % - ✓ Grant: $ N/A o0j. 530310 - - % ✓ County Match: $ N/A - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW D to In Division Director O i 1/ Risk Manage ent� O.M.B./Pur asin) \\ Char Nees Yes❑ Yes❑ Date Out I Yes❑ County Attorney j 3 J' I I Yes❑ I Comments: SECOND AMENDMENT TO CONTRACT BETWEEN OWNER AND ARCHITECT /ENGINEER THIS SECOND AMENDMENT (herein after "AMENDMENT ") to the CONTRACT BETWEEN OWNER AND ARCHITECT/ENGINEER ( "CONTRACT ") for the Higgs Beach Park Master Plan, entered into between MONROE COUNTY (the "Owner" or "County"), and WILLIAM P. HORN ARCHITECT, P.A. ( "Architect /Engineer ") is made and entered into this 16 day of February, 2011, in order to amend the CONTRACT, as follows: WITNESSETH WHEREAS, on the 16 day of December, 2009, the parties entered into a continuing contract for projects in which the estimated construction costs of each individual project under the contract does not exceed Two Million Dollars ($2,000,000.00), or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand Dollars ($200,000.00); and WHEREAS, on the 17 day of March, 2010, the parties entered into a contract for an individual study for the purpose of developing a Higg's Beach Park Master Plan; and WHEREAS, on the 15 day of December 2010, the parties agreed to a First Amendment to Contract extending the contract time by ninety days (90 days), from December 12, 2010 to March 12, 2011; and WHEREAS, the Owner approved Phase I of the Master Plan at its public meeting on January 19, 2011 and approved to proceed to Phase II of the Master Plan; and WHEREAS, in accordance to the Contract of March 17, 2010, an extension of time at no additional cost to the county may be granted in the form of an Amendment to the Contract; now therefore IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. The contract time shall be extended to proceed to Phase II by One Hundred and Eighty Days (180 days) from March 12, 2011 to September 8, 2011 2. The remaining terms of the CONTRACT, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date stated above. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 1 of 2 Amendment 2 to the Hom/Higg's Beach Contract Execution by the Architect /Engineer must be by a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED AND WITNESSED BY ANOTHER OFFICER OF THE ENTITY. Attest: DANNY L. KOLHAGE, CLERK By: Deputy Clerk Date: (SEAL) Attest: By: Print Name: Title: Date: Or: Witness 1: Print Name: A✓l� / yl . , (� Witness 2:� Print Name: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA R Ma ARCHITECT /ENGINEER WILLIAM P. HORI)1/ARCHITECT, P.A. Print Name: A, /am C &, W Title: ✓ ) (L- c L Date: MONROE COUNTY ATTORNEY ROV D AS TO Q NATILEENE.W. CASSEL ASSISTANT OUNTY ATTORNEY STATE OF FLORIDA COUNTY O F MAg C) F_ On is 31 5 " day of _, , 2011, before me, the undersigned notary public, personally appeare known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he /she is the person who executed tVe above e e t with Monroe County for Architect/Engineering services for the Higgs Beach Park Ma. r Plan for the purposes ther contained. Notary Public Print Name NN M. RIGER My commission exp? e �- No q , State of pwwa • r z MY Commission Expires Jul Y1, 887; "'•';� ° a• O •` • commission # bb wlet Bonded Through National Ndwv A. Page 2 of 2 Amendment 2 to the Horn/Higg's Beach Contract FIRST AMENDMENT TO CONTRACT BETWEEN OWNER AND ARCHITECT /ENGINEER THIS FIRST AMENDMENT (herein after "AMENDMENT ") to the CONTRACT BETWEEN OWNER AND ARCHITECT /ENGINEER ( "CONTRACT ") for the Higgs Beach Park Master Plan, entered into between MONROE COUNTY (the "Owner" or "County"), and WILLIAM P. HORN ARCHITECT, P.A. ( "Architect/Engineer ") is made and entered into this 15 day of December 2010, in order to amend the CONTRACT, as follows: WITNESSETH WHEREAS, on the 16 day of December, 2009, the parties entered into a continuing contract for projects in which the estimated construction costs of each individual project under the contract does not exceed Two Million Dollars ($2,000,000.00), or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand Dollars ($200,000.00); and WHEREAS, on the 17 day of March, 2010, the parties entered into a contract for an individual study for the purpose of developing a Higg's Beach Park Master Plan; and WHEREAS, in accordance to the contract of March 17, 2010 the contract expiration is two hundred and seventy days (270 days) from the contract date or December 12, 2010; now therefore IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. The contract time shall be extended by ninety days (90 days), from December 12, 2010 to March 12, 2011. 2. The remaining terms of the CONTRACT, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date stated above. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW f ,— _ Amend #1 by the Architect/Engineer must be by a person with authority to bind the entity. 1RE OF THE PERSON EXECUTING THE DOCUMENT MUST BE ED AND WITNESSED BY ANOTHER OFFICER OF THE ENTITY. L. KOLHAGE, CLERK Deputy Date: Q C 1 V' I (SEAL) Attest: By: Print Name: Title: Date: Or: Witne Print l Witne; Print Name: _A vl l Z1. 2; 6r-p- BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: ' M4or/Chffirman ARCHITECT /ENG ER WILLIAM P. HORN CHITECT, P.A. By: d ` Print Name: Title: Date: , w -; 7z STATE OF FLORIDA COUNTY O F . o e 0 1�- On this �� of , 2010, before me, the undersigned notary public, personally appeared 5 KAJ , known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he /she is the person who executed t e above Amengment with Monroe County for Architect/Engineering services for the Higgs Beach Park 77 6n 'or the purposes therein contained. No Public A�E (-4c- K - Print Name My commission expires: 7 2 Amend #1 CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCMTECT/ENGINEER THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT /ENGINEER (the "Contract" or "Agreement") is made and entered into by Monroe County ( "Owner" or "County'l, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, its successors and assigns through the Monroe County Board Of County Commissioners ( "BOCC'J, and William P. Horn. Architect. P.A. , the ( "Architect')., whose address is 915 Eaton St. Key West, FL 33040, its successors and assigns. This contract shall be effective on the date of execution by the last party signatory to the contract. This contract is issued under a continuing contract awarded to William P. Horn Architect. P.A. by Monroe County pursuant to Florida Statute 287.055(2) (g). The professional services required by this Contract are to be rendered for a project for study activity that the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand Dollars ($200,000.00). The professional services required by this contract will be for services in the form of developing a Higg's Beach Park Master Plan, commencing on the effective date of this contract and ending 270 days from the commencement date. An extension of time at no additional cost to the County, in the form of an amendment to this contract, may be granted only by BOCC approval. The terns and conditions of the Continuing Contract shall apply to this contract, unless expressly modified in the provisions of this contract. Where the terms of the Continuing Contract differ from the terms of this contract, the terms of this contract shall take precedence. This contract will contain a specific scope of work. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which hereby acknowledged, the Owner and the Architect agree; ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Contract, Architect makes the following express representations and warranties to the Owner. 1.1.1 The Architect is a professional qualified to act as the Architect for the Project and is licensed to practice Architecture/Engineering by all public entities having jurisdiction over the Architect/Engineer and the Project; 1.1.2 The Architect shall maintain all necessary licenses, permits or other authorizations necessary to act as Architect for the Project until the Architect's duties hereunder have been fully satisfied; 1.1.3 The Architect shall become familiar with the individual Project site and the local conditions under which the Project is to be designed 1. 1.4 The Architect shall prepare all documents required by this Contract including, but not limited to, all contract Master Plans and Specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. The Architect warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional design costs due to missing or incorrect design elements in the contract documents; 1.1.5 The Architect assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ as Architect of Record. 1.1.6 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The Architect shall submit, for the Owner's and Monroe County Project Management Department's information, a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds if approved by the Owner, and shall include allowances for periods of time required for the Owner's and Monroe County Project Management Department's review, and for approval of submission by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner may not be exceeded by the Architect except for delay caused by events not within the control of the Architect or foreseeable by him. 1.1.7 In providing all services pursuant to this agreement, the Architect shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the COUNTY to terminate this agreement immediately upon delivery of written notice of termination to the Architect. ARTICLE II SCOPE OF ARCHITECT /ENGINEER'S BASIC SERVICE 2.1 DEFINITION 2.1.1 Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.3 and other services identified as part of Basic Services, and include normal, civil, structural, mechanical, and electrical engineering services as required for this project. 2.1.2 The Master Plan shall include, but shall not necessarily be limited to, plans and specifications that describe all systems, elements, details, components, materials, equipment, and other information necessary for the development and approval of the Master Plan. The Master Plan shall be accurate, coordinated and in all respects adequate for approval of the Development Plan and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the Owner. The Architect is not responsible for the development of Construction Drawings. 2.1.3 These services shall include, but not be limited to: Preparation and completion of the design program for space requirements and relationships, schematic design, design development, cost estimating during design and document preparation, preparation and submittal of approval applications, zoning applications, public presentations and presentations to the County Commission. Architect shall arrange his schedule in order to be available to perform the listed services for the project as requested by COUNTY and with the understanding that for any individual project the costs will not exceed the limits under F.S. 287.055 (2)(g). 2.2 PHASE ONE, SCHEMATIC DESIGN 2.2.1 The Architect shall review the County's program, schedule and budget furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall review with the Owner and Monroe County Project Management Department's proposed site use and improvements, required approvals, zoning, selection of materials, building systems and equipment; and method of Project delivery. 2.2.3 The Architect shall review with the Owner and Monroe County Project Management Department's alternative approaches to design of the Project. 2.2.4 Based on the mutually agreed -upon program, schedule and budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 Upon completion of the Schematic Design Phase, the Architect shall provide drawings, outline specifications, estimate of anticipated cost in accordance with the schematic designs, and other documents for the Owner's approval and the Monroe County Project Management Department's information. 2.2.6 The Schematic Design must be approved in writing, by the Owner prior to Architect continuing to Phase Two of the Master Plan. 2.2.7 During the development of the Master Plan the Architect will plan, arrange and conduct Public Meetings and all other meetings as indicated in his proposal that is attached to and is part of this contract. Upon agreement between the County and the Architect (the total number of meetings shall remain the same) the number of meetings with individual committees, boards, staff, and etc. can be modified and scheduled as needed. The Architect shall provide for recording and distributing meeting minutes. The County will provide the space for the Public Meetings and meetings with county staff and committees. Advertising for Public Meetings will be the County's responsibility. 2.2.8 The Architect shall take into consideration, for the development of the Master Plan, information acquired through meetings identified in 2.2.7 and shall review other Master Plans generated in the past regarding Higgs Beach Park. 2.2.9 The County, at its discretion, reserves the option to end the project with the completion of Phase One and not proceed to Phase Two. 'If the County chooses this option the Architect shall be paid for work completed on Phase One but will not receive any additional funds unless instructed in writing to proceed with Phase Two. 2.3 PHASE TWO, DESIGN DEVELOPMENT DOCUMENTS AND APPROVALS 2.3.1 Upon completion of Phase One, and with written approval from the County, the Architect shall proceed to Phase Two and provide drawings, outline specifications and other documents for the Owner's approval and the Monroe County Project Management Department's information for submittal by the Architect to the City of Key West for development review and approval. The Architect shall provide an estimate of anticipated costs in accordance with Phase Two design documents. 2.3.2 The Phase One Documents must be approved in writing, by the Owner prior to Architect continuing to Phase Two. 2.3.3 The Architect shall provide all Drawings and Specifications required by the City of Key West's development Review Board for Development Approval and for the Owner's and the Monroe County Project Management Department's review. 4 2.3.4 The Architect shall submit to the City of Key West the above mentioned documents and information for obtaining Development Approval from the City of Key West. 2.3.5 The Architect's Development Approval documents (plans, specifications, etc.) will conform to all written codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to receive all approvals when applied for. If approvals are denied, then the Architect will conform the documents in such manner to receive approvals upon such plans. Work required from the Architect to conform the documents to federal, state, city, county, or agency specifications and approval requirements to allow them to be approved shall be completed at no additional cost to the Owner. 2.3.6 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect. 2.3.7 The Architect shall make available to the Owner any personnel or consultants employed or retained by the Architect for the purpose of reviewing, studying, analyzing or investigating any claims, contentions, allegations, or legal actions relating to, or arising out of, the design of the project. 2.3.8 The Architect shall without additional compensation, promptly correct any enors, omissions, deficiencies, or conflicts in the work product of the Architect or its consultants, or both. ARTICLE III ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article III are not included in Basic Services. They shall be paid for by the Owner as provided in this agreement as an addition to the compensation paid for the Basic Services but only if approved by the Owner before commencement, and as follows: A. Providing services of Architect for other than the previously listed consulting scope of Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted consulting practice. 3.2 If Additional Services are required, such as those listed above, the Owner shall issue a letter requesting and describing the requested services to the Architect. The Architect shall respond with fee proposal based on hourly fees listed on Exhibit A to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the Owner proceed with the Additional Services. ARTICLE IV OWNER'S RESPONSIBILITIES 4.1 The Owner shall designate Monroe County Project Management Department to act on the Owner's behalf with respect to the Project. The Owner or Monroe County Project Management Department shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. However, the parties acknowledge that due to Monroe County Policy, Ordinances or State or Federal Statute there may be times when a decision must be made by the BOCC, in which case any delay shall not be attributed to Monroe County or its representative. 4.2 Prompt written notice shall be given by the Owner and Monroe County Project Management Department to the Architect if they become aware of any fault or defect in the Project or non - conformance with the Contract Documents. 4.3 The Owner shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect's services. 4.4 The Owner's review of any documents prepared by the Architect or its consultants shall be solely for the purpose of determining whether such documents are generally consistent with the Owner's criteria, as and iii modified. No review of such documents shall relieve the Architect of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. ARTICLE :V CONSTRUCTION COST 5.1 The Architect shall provide an Estimated Construction Cost for the total project. C omm 6.1 The Architect covenants and agrees to indemnify and hold harmless Owner /Monroe County and Monroe County Board of County Commissioners from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Architect or its Subcontractor(s), occasioned by the negligence, errors, or other wrongful act or omission of the Architect, their employees, or agents. 6 6.2 The first ten dollars ($10.00) of remuneration paid to the Architect is for the indemnification provided for above. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Architect, the Architect agrees and warrants that he shall hold the County harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the County's behalf. 6.3 - In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Architect's failure to purchase or maintain the required insurance, the Architect shall indemnify County from any and all increased expenses resulting from such delays. Should any claims be asserted against County by virtue of any deficiencies or ambiguity in the plans and specifications provide by the Architect the Architect agrees and warrants that Architect hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the County's behalf. 6.4 The extent of liability is in noway limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 6.3 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VII 7.1 PERSONNEL The Architect shall assign only qualified personnel to perform any service concerning the project. ARTICLE VIII &I PAYMENT Payment shall be the agreed to lump sum and will be distributed on a monthly basis as described below. Additional services will be based on hourly rates to be approved by the County. Hourly rates are provided in Exhibit A and are subject to annual affirmation. Details of payment are as specified below. 8.1.1 The Architect shall submit monthly, unless otherwise agreed in writing by the Owner, an invoice to the Owner requesting payment for services properly rendered and reimbursable expenses due hereunder. The Architect's invoice shall describe with reasonable particularly the services rendered. For billing purposes, the project shall be divided into two portions, known as the Beach side and the Land side. The Architect shall identify that portion of work completed for the Beach side of the park and that portion of work completed for the Land side of the park separately. The boundary line between the two shall be the centerline of Atlantic Boulevard passing through the Park. The Architect's invoice shall be accompanied by such documentation or data, as required by the Owner, in support of expenses for which payment is sought. 7 S.1.l.A - Phase One Fees Architectural, Planner, Civil, etc ... ............................... $45,000.00 Surveyor $10.500.00 Phase One Total ..... ............................... .....................$55,500.00 8.1.1.B - Phase Two Fees Architectural, Planner, Landscape Design, Civil Engineering, Lighting Engineering, Studies and assessments. etc. 576.500.OQ Phase Two Tota l .............................. .....................$76,500.00 8.1.1.0 - Total Contract Sum PhaseOne ....... ............................... .....................$55,500.00 Phase Two $76.500.00 T otal Contract Sum .......................... ....................$132,000.00 At this time the number of buildings (new and/or to be renovated) is unknown. Therefore the above costs are based on design work for 4 (four) buildings. Additional buildings will be billed as stated below. Any additional work for Phase I or Phase II can be completed at a fixed fee (to be determined) or at the standard hourly rates listed in Exhibit A. The Total Contract Sum Is ......... $132,000.00 (one hundred thirty-two thousand dollars and no cents) 8.2 REIMBURSABLE EXPENSES All reimbursable expenses are included in the Total Contract Sum, however prior to incurring any additional expense written approval for that expense must be obtained in writing from the County. 8.3 BUDGET 83.1 The Architect may not be entitled to receive, and the County is not obligated to pay, any fees or expenses in excess of the amount budgeted for this Agreement in each fiscal year (October 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 AVAILABILITY OF FUNDS. If funding cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified in this Contract the agreement may be terminated immediately at the option of the County by written notice of termination delivered to the Architect. The County shall not be obligated to pay for any services provided by the Architect after the Architect has received written notice of termination, unless otherwise required by law. 8.3.3 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE IX 9.1 APPLICABLE LAW This contract is governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and performed entirely in the State. Venue for any mediation, dispute conferences or litigation arising under this contract must be in Monroe County, Florida. The Parties waive their rights to a trial by jury. 10.1 OWNERSHIP OF THE PRELIMINARY DESIGN AND THE DESIGN DOCUMENTS 10.1 The Drawings, Specifications and other documents prepared by the Architect for this project are instruments of the Architect's service for use solely with respect to this project, and the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including reproducible copies, of the Architect's Drawings, Specifications and other documents shall not be used by the Owner on other projects except by agreement in writing and with appropriate compensation to the Architect. 10.1.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the project is not to be construed as publication in derogation of the Architect's reserved rights. 10.1.3 The Owner may utilize the documents as required for reference on any necessary future work on the site, and for constructing, using and maintaining the Project 11.1 SUCCESSORS AND ASSIGNS The Architect shall not assign its right hereunder, excepting its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the Owner. The Owner and Architect•, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. 9 ARTICLE XII NO THIRD PARTY BENEFICIARIES AND INDEPENDENT CONTRACTOR RELATIONSHIP 12.1 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, between the parties which creates or gives rise to any rights in favor of, any third party. 12.2 INDEPENDENT CONTRACTOR RELATIONSHIP The Architect is and shall be an independent contractor in the performance of all work, services, and activities under this Agreement and is not an employee, agent or servant of the County. The Architect shall exercise control over the means and manner in which it and its employees perform the work and in all respects the Architect's relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees or agents of the County. The Architect does not have the power or authority to bind the County in any promise, agreement or representation other than such power and authority that is specifically provided for in this Agreement. ARTICLE XIIj 13.1 INSURANCE 13.1.1 The Architect shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. Professional Liability Insurance shall also be maintained as specified. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Architect's failure to purchase or maintain the required insurance, the Architect shall indemnify the County from any and all increased expenses resulting from such delay. { 13.1.2 The coverage provided herein shall be provided by an insurer with an A.M. 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. 13.1.3 Architect 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 $100,000 per Accident, $500,000 Disease, policy limits, 5100,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non -owned vehicles, with One Hundred 10 Thousand Dollars ($100,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. 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 Architect or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Independent Contractors; Broad Form Property Damage and a Contractual Liability Endorsement with Five Hundred Thousand Dollars ($500,000.00) per occurrence and annual aggregate. 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, Architect shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. County shall be named as an additional insured with respect to Architect's liabilities hereunder in insurance coverage identified in Paragraphs C and D. G. Architect shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of Architect if so required by County during the term of this Agreement; and subconsultants shall be required by contract to provide copies of insurance policies to the Architect. County will not pay for increased limits of insurance for subconsultants. H. Architect shall provide to the County certificates of insurance or a copy of all insurance policies including those naming the County as an additional insured by including any subsection thereunder. The County reserves the right to require a certified copy of such policies upon request. County reserves the right to require copies of insurance policies of subconsultants. ARTICLE XIV TERMINATIOIei 14.1 Either party hereto may terminate this contract prior to expiration upon giving seven (7) days written notice to the other in the event that such other party negligently or for any reason substantially fails to perform its material obligations set forth herein. No termination expenses shall be paid by the Owner after the date of notice of termination. 14.2 The Owner may terminate this Contract without cause by giving the other party sixty (60) days written notice of its intention to do so. Termination expenses shall include expenses available under the contract through the date on the notice of termination and shall not include any additional services required in order to stop performance of 11 services, unless agreed to in writing by the County and subject to audit for the purpose of verification. ARTICLE XV ENTIRE AGREEMENT_ 15.1 This contract constitutes of the form of agreement, the exhibits that are attached and made a part of the contract, and the documents referred to in the form of agreement as a part of this contract. In the event any conflict between any of those contract documents, the one imposing the greater burden on the Architect will control. 15.2 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 contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the property to public entity, may not be awarded or perform work as a 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. ARTICLE XVI DISPUTE RESOLUTION 16.1 County and Architect agree that all disputes and disagreements shall first be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be submitted to mediation before a mediator mutually agreed to by the parties. The cost of mediation shall be shared equally. The parties agree that mediation is a condition precedent to the institution of legal or equitable proceedings by either party. Request for mediation shall be in writing and sent to the other party. The parties shall agree on a mediator to hear the dispute. 16.2 Mediation shall be held in Monroe County Florida in a location in Key West; the location may be moved only by mutual agreement of the parties. 16.3 Agreements reached in mediation shall be reduced to writing and signed by the representative of each party; however, agreements must be approved by the Hoard of County Commissioners to be enforceable. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction in Monroe County. 16.4 Nothing in this Agreement shall be construed to interfere with a subsequent order finm any court of competent jurisdiction ordering the parties to enter into mediation after institution of legal or equitable proceedings. 12 16.5 Arbitration is specifically rejected by the parties as a method of settling disputes which arise under this agreement; neither of the parties shall be compelled by the other to arbitrate a dispute which may arise under this Agreement. ARTICLE XV1I Additional Requirements 17.1 The following items are part of this contract: a) Architect 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 their 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 County or Clerk determines that monies paid to Architect pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Architect shall repay the monies together with interest calculated pursuant to F.S. Sec. 55.03, running from the date the monies were paid to County. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Architect agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to a trial by jury. The County and Architect agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding; pursuant to Section XVI of this agreement. c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Architect agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Architect agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party 13 shall be entitled to reasonable attorney's fees and court costs expenses, as an award against the non - prevailing party, and shall include attorney's fees and courts costs expenses in appellate proceedings. e) Binding Effect. The terns, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Architect and their respective legal representatives, successors, and assigns. t) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advise of counsel. g) Claims for Federal or State Aid. Architect and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Architect agree that all disputes and disagreements shall be attempted to be resolved under Section XVI of this agreement. If no resolution can be agreed upon within 30 days after mediation, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Architect agree to participates 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 Architect specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. Architect and County agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Architect or County agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of 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 14 age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91- 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. k) Covenant of No Interest. Architect and County covenant that neither presently has any interest; and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as, recited in this Agreement. 1) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, and the Monroe County Code of Ordinances, 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. m) No Solicitation/Payment. The Architect and County 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 Architect 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. n) Public Access. The Architect and County 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 Architect and County in conjunction with this Agreement; and the Architect shall have the right to unilaterally cancel this Agreement upon violation of this provision by County. o) Non - Waiver of Immunity. Notwithstanding the provisions of Sec. 286.28, Florida Statutes, the participation of the Architect and the County in this Agreement and IR 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. . p) Privileges and Immunities. 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. q) 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. r) Non - Reliance by Non - Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the Architect and the County agree that neither the Architect nor the County or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual 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. s) Attestations. Architect agrees to execute such documents as the County may reasonably require including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. t) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or 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. u) Americans with Disabilities Act of 1990 (ADA). The Architect will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the Architect pursuant thereto. 16 V) Disadvantaged Business Enterprise (DBE) Policy And Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Architect agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and the Architect and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. w) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. X) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings reottapart of this Agreement and will not be used in the interpretation of any provision " of" '4eement. t � W �95.. WHEREOF, each party caused this Agreement to be executed by its duly Qu tppresentative on the day and year first above written. BOARD OF COUNTY COMMISSIONERS o '' 1 •. �`�' L. KO AGE, Clerk OF MO NRqX COUN , R A ►" � : a yy 1C t By: f ►l .� ;;a D f F ayor/ irman _' fV ��COUIVTYATTORNJ EY r %� - � w o AP ROVED AS TO FOAM: D MAR 7 2010 f � :7 .+� :;10 =IC ' �.-�-ly rn p NATILEENE W. CASSEL /� 0 = ASSISTANT COUNTY ATTORNEY (INSERT N of Architect) fV rrl r — IV ate x ;21 iA 4, 4 l7 7�r B Print Name of moral gent Date: Z 817/o O WITN S T Architect' afar . By ` ��lttt#r� ITNFSS sigpa" am o f P Print Witness Name wG ---I l��p Date: ,1 0 ca"N 0 SID ma END OF AGREEMENT E 17 SECTION FIVE INSURANCE REQUIREMENTS AND INDEMNIFICATION STATEMENT Insurance Reaulrement Workers' Compensation Employer's Liability General Liability Vehicle Liability Architects Errors and Omissions Liability Required Limits Statutory Limits $ 100,000/$500,000/$ 100,000 $ 00,000 Combined Single Limit $100,000 Combined Single Limit per Occurrence/$ 1,000,000 Aggregate $500,000 per occurrence/ $1,000,000 Aggregate IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSU TANTS The Architect/Consultant covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Architect or Consultant or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Architect/Consultant, including its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Architect/Consultant's failure to purchase or maintain the required insurance, the Architect/Consultant shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the Architect/Consultant; the Architect/Consultant agrees and warrants that Architect/Consultant shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Architect/Consultant is. consideration for the indemnification provided for above. is 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. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. ' wiZZloM '�Pk AN Respondent Signature 19 INSURANCE AGE NT`S STA— 33MIN I have reviewed the above requhments with the Architect named below. 'flee following deductibles apply to the corresponding policy. POLICY v�y�ku5 �amc� e_(n ca�. DEDUCTIBLES V D Liabilitypolicies are Occurrence Cfaims Mende Insurance Agency Signature Print Name: The Fullers Ins. 1432 Kennedy Dr. Key West, FL 33040 20 SECTION SIX COUNTY RESPONSE FORMS RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 1 -213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No. (s) I have included: • The Response Form y • Lobbying and Conflict of Int est Clause • Non - Collusion Affidavit • Drug Free Workplace Form :�Z ✓ • Respondent's Insurance and Index ification Statement • Insurance Agent's Statement • Professional and Occupational Licenses---\e I have included a current copy of the following professional and occupational licenses: (Check mark Items above, as a reminder that they are included.) . _ _ /,&*, Mailing Address: Telephone: .5 015 'Zld -9'30 2 Fax: 3-0 15- MI -1-0,3 4 .30, Date: Z-,11611'U Signed: li✓ /L L /,Aph (Name) f/L/NG ),90L (Title) Witness: J zh - (Seal) Nei" Of Fbft 21 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) A it "... 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 3 of Ordinance No. 010 -1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its d' etion, deduct from the Agreement or purchase price, or otherwise recover, the 1 amount of any fee, commission, percentage, gift, or consideration paid tot former County officer or employee ". (Sigdature) Date. d STATE OF: rU - I Do COUNTY OF: 020A./,- QF- Subscribed and sworn to (or affirmed) before me on a 2 Le ) - I n (date) by / /hi A M E- 7#0 /1 personally known to me or has produced as identification. (type of (name of affiant). H�e She is AWAL R *60 PMW- sw after commu" f 0 7�71i! 22 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 specifled 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�lSe statement, I certify that this firm complies fully with the above requirements. Signature 8 23 NON - COLLUSION AFFIDAVIT I, G1/G�,Oo*I ig of the city of &k according to law on my oath, and under penalty of perjury, depose and say that: 1. ram >d/L /l✓GlP/! L of the firm of �f.�Zzoth. e lial;.*y,'41ZGIO / ' t 1 the bidder making the Proposal for the project described in the Request for Qualifications for. �l S ArAW �i�:� p� 0-d and that I executed the said proposal with full authority to do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor, 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening. directly or indirectly, to any other bidder or to any competitor, and 4. no attempt has been made or will be made by the bidder to induce any other person, partnership or corpor lion to submit, or not to submit, a bid for the purpose of restricting compe ' 'on; 5. the statements contained i this affidavit are true and correct, and made with full knowledge that M County relies upon the truth of the statements contained in this a vit in awarding contracts for said project. eta ( gnature of Respondent) (Date) STATE OF: F/ae_ COUNTY OF: /V)o, D PERSONALLY APPEARED BEFORE ME, the undersigned authority, 1 _TTd IIZ7'" who, after first being sworn by me, (name of individual signing) affixed his/ er signature in the space provided above on this ay of _-Eir 0 010 AWKNU ► rl► fto • Sw s> iiny� • MCWffA*N6*"Jr21,XJJ Co wdM I D MM N19TARY PUBLIC My Commission Expires: 24 0 O Ln r• 0' a Y6 0) to co.• co co 00' N ca So. g Q 90 M 440 pro E l 0 al 649 to s ZI O P: CNIM 0 pa I.Ij ul "I d 9H u l k k H f 0 e cc in rq 0 I Al co 0 2c E4 Ln 04 At :;ji P41i UA JJ Jos r m I � o O •N O � M N 01 0 � C, 01 > ca ti O 3 y 02 K M q N /! I w + O JJ 01 O O M E1 H w V m mI r u ,i w y wm r-f o r, uucou 41 �•/ aa�aHa ' k' le UR r� w Cl 0 CA 0 M M `n w 3 x H I 0 O V y 4 IL lu N La O ..� ! d' C Y to a O � O j cl OZ� a0 a . o° W 08 w✓" W M a ` z y� 2 ai Q • O J ° o 0 m w z C3 V \ W W so W C T O 1 0 0 1 N {� � d 1 H F•i CL p„ . (A � . iE LLA !A W ROUTING a 1 16 11 , 0 WILLIAM P. HORN ARCHITECT, P.A. License Nn. AA 91S EATON STR.EET,_KEY WEST, FLORIDA 73(140 PHONE: 305- 39b -4311Q FAX: 30-29(v-11),I.) Date: 2/8/10 To: Jerry A. Barnett Director of Project Management Monroe County, Florida Re: Architectural Fee Proposal Higgs Beach Master Plan Key West, Florida Dear Mr. Barnett, This letter is to propose cost estimates for the work needed to be completed to create a master plan for the Higgs Beach Site. Work will be in two phases. Phase one will include the design and drawing of the master plan and all of the public meetings that are required to obtain input from the public, City of Key West and the County Commissioners. Phase two, if needed, will include all of the required work in order to obtain City of Key West Planning Board and City Commission approvals, including a development agreement. Phase one work will include obtaining a new survey of the site, creating an existing site plan with analysis of all existing conditions, including site and zoning analysis, "existing building condition analysis and existing landscape and tree analysis. We will provide proposed site plan design options for review by all and finalize the options to create a master site plan with cost estimates for the new work. Meetings will include three public meetings in Key West, one meeting with the Higgs Beach Steering Committee, one public meeting with the City of Key West Commission, meeting with the City of Key West planner, two meetings with the Monroe County Commission and meetings with county staff as required. We will finalize the whole process in a bound report. Costs for phase one is as follows: Master Site Plan Fee = $45,000.00 Surveyor Fee= $10,500.00 c b t Phase two work, if needed, will include developing the master site plan to include all of the required items to go through the Planning Board approval process of the City of Key West and preparing a development agreement. Work will include filling out all of the applications and requirements, developing the site plan, landscape plan, civil drainage plan, lighting plan and coordination with all agencies. Work will also include designing and drawing plans and elevations of any building improvements or new buildings that are desired (includes a total of four buildings maximum). Meetings will include coordination meetings with the county staff and City of Key West staff, DRC meeting, Tree Commission meeting, Planning Board meeting and City Commission meeting. Costs for phase two is as follows: Fee= $76,500.00 Any additional work can be completed at a fixed fee (to be determined), or at our standard hourly rates as listed in the annual contract. Please call if u have any questions. We are looking forward to working with you on t�s project. P. HORN ARCHITECT, P.A. I iIIiam P. Horn, Principal, LEED AP I e ., y OP ID: NF CERTIFIC OF LIABILITY INSURANCE DAT 11/15/10 YYYY 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(les) 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 305- 294 -6677 The Fullers, Inc 305 - 292 -4641 1432 Kennedy Drive Key West, FL 33040 Norman Fuller NAME CT P " C N N .Ext), ac No E-MAI A DD! H0RNW -1 INSURE S AFFORDING COVERAGE NAIC9 $ 5,00 INSURED William P Horn Architect PA INSURERA Community Insurance Co. 13990 Bill Ham 915 Eaton .St Key West, FL 33040 INSURER B: $ 2,000,00 INSURER C : PRODUCTS - COMP /0P AGG INSURER D X POLICY PRO LOC INSURER E ; ; 1,000,00 IN8 R F• LIABILITY COVERAGES CERTIFICATE HUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER MMl fD I �TR R TYPE OF INSURANCE PM/ LIMITS GENERAL LIABILITY EACH OCCURRENCE ; 1 ,000,00 A COMMERCIAL GENERAL LIABILITY X 090004962995806 09121110 09121/11 PREM I SES a ocaurence S 150,00 CLAIMS -MADE F—I OCCUR MED EXP (Any one person ) $ 5,00 X Business Owners PERSONAL S ADV INJURY S GENERAL AGGREGATE $ 2,000,00 GERL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /0P AGG $ X POLICY PRO LOC CSL ; 1,000,00 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Par person) ; BODILY INJURY (Per accident) S ALL OWNED AUTOS SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Par accident) S s NON -OWNED AUTOS _ S UMBRELLA LIAe EACH OCCURRENCE S HOCCUR AGGREGATE f EXCESS LIAR CLAIMS -MADE DEDUCTIBLE $ I S RETENTION S 4 WORKERS COMPENSATION WCSTATU• O H LIM TS AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ E.L. DISEASE . EA EMPLOYE $ ❑ N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) C.L DISEASE -POLICY LIMIT S N y describe under DESCRIPTION OF OPERATIONS below I I i i PROPERTY DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Addlttonal Remarks Schedule, H more space Is raqulrsd) Certificate holder Is an additional insured. MONRCON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of Count THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ty ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 1100 Simonton Street Rm 268 AUTHORIZED REPRESENT Key West, FL 33040 Norman Fuller ©1988 2 CORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered markle of ACORD OP ID: NF A�COR ©- CERTIFICATE OF LIABILITY INSURANCE THIS CfiRTIFICATE 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(14s) 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 andorsemen s . PRODUCER 305- 294 -6677 The Fullers, Inc 305 - 292 -4641 1432 Kennedy Drive Key West, FL 33040 Norman Fuller NAME. PHONE (FA No: MAI cR ouc I *, H pRNWl1 INSURERS AFFORDING COVERAGE NAIC INSURED William Horn 151 Key Haven Rd Key West, FL 33040 INSURER-A:Pro ressive INSURER0: INSURER.C: S INSURER:D : $ INSURER E : S 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER NM/D MM /DD E LIMITS -LM GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE r-1 OCCUR EACH OCCURRENCE S DAMAGE TO RE PR I a o c ce $ MED EXP one person) S PERSONAL 6 ADV INJURY $ GENERAL AGGREGATE S GEN' L AGGREGATE LIMIT APPLIES PER POLICY F7 PRO- LOC PRODUCTS - COMP/OP AGG S $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS x 02158316 -7 05129110 05129111 COMBINED SINGLE LIMIT (Es accident) $ s 1 r 000 00 X X BODILYINJURY(Perperson) $ BODILY INJURY (Par accident) S PROPERTY DAMAGE (Par accident) $ X $ $ UMBRELLA LIAR EXCESS LUIS CLAIMS -MADE � � � � EACH OCCURRENCE $ HOCCUR AGGREGATE i DEDUCTIBLE RETENTION S S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Yf N F OFFICER/MEMSER EXCLUDED? (Mandatory In NH) If yyes describe under OESG OF OPERATIONS below N/A I WC STATU, R LIM DRY E.L EACH ACCIDENT S E.L DISEASE - EA EMPLOYEE S E.L DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ( Attach ACORD 101, Additional Remrwks Schaduls, If more specs is required) 2007 Chevrolet Tahoe C1501GNFC13027R293917. Certificate holder is an additional Insured. MONRCON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Board of Co un t y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County ty ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 1100 Simonton Street Rm 268 AUTHORIZED REPRESENTA Key West, FL 33040 Norman Fuller 01988 -2 A ORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks Of ACORD 01;­+4f. Ra un IQ?JWU 1 AC®RU CERTIFIL- :TE OF LIABILITY INSUF4,- XE 08/20/2010 PRODUCER ISU Suncoast Insurance Assoc P.O. Box 2266$ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tampa, FL 33622 -2668 NS TY PE OF INSURANCE 813 289 -5200 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Beazley insurance Company, Inc. 37540 William P. Horn, Architect P.A. 915 Eaton Street Key West, FL 33040 INSURER B: INSURER C: EACH OCCURRENCE INSURER D: DDAMAGETO RENTED INSURER E: CnVFRAr.FR 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NS TY PE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE M FFE POLICY EXPIRATION D ATE O MM/ LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DDAMAGETO RENTED $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE F� OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP(OPAGG $ POLICY JEOT LOG AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS 8 INJURY accident) (Per er accident) $ HIREDAUTOS NON -OWNED AUTOS � PROPERTY DAMAGE (Per accident) $ i� -^• GARAGE LIABILITY AUTO ONLY''- EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR FI CLAIMS MADE - AGGREGATE $ $ DEDUCTIBLE $ RETENTIO $ WORKERS COMPENSATION AND WC S LIM OTH- ER EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ E. L. DISEASE - EAEMPLOYEE $ OFFICER/MEMBER EXCLUDED? If yes, descdba under SPECIALPROVISIONS below E.L.DISEASE- POUrYLIMIT $ A OTHER Professional V15V8D100301 08/20/10 08/20/11 $1,000,000 per claim Liability $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS! LOCATIONS/ VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Professional Liability is claims made and reported. Project: Conch Key, Big Pine & North Key Largo Fire Stations Annual Contract for Architectural Services SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Monroe County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30._ DAYS WRITTEN Board of County Commissioners NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn: Risk Management 1100 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Simonton REPRESENTATIVES. Key West, F! 33040 AUTFjORtZED� S REE TATW�- ACORD 25 (2001108) 1 of 2 #S266185IM266181 KEB © ACORD CORPORATION 1988 OP ID: NF A ' CERTIFICATE OF LIABILITY INSURANCE °AT 11123110 ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND C©NFERS 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( }es) 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 305- 294 -6677 The Fullers, Inc 305 -292 -4641 1432 Kennedy Drive Key West, FL 33040 Norman Fuller NAME. PH _ Extl FAX No = EMAIL PRODUCE CUSTOM IDS:HORNW -1 INSURERS AFFORDING COVERAGE NAIC ak Y INSURED William P Horn Architect PA INSURER A: Technology Insurance Compan $ Bill Horn 915 Eaton St Key West, FL 33040 INSURERB: MED EXP (Any one person) INSURERC: PERSONAL & AOV INJURY INSURERD: INSURER E GENERAL AGGREGATE $ INSURER F PRODUCTS - COMPIOP AGG $ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPEOFINSURANGE ADDL SUDS POLICY NUMBER POLICY EFF MMIDDlYYYY POLI YEXP MM /DD LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE E OCCUR I ` 4 : �. 1 I `` Y EACH OCCURRENCE $ PREMISES Ea occurrence)$ MED EXP (Any one person) $ PERSONAL & AOV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER; PRO LO C POLICY AUTOMOBILE LIABILITY ANY AUTO ALL OV\NED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS PRODUCTS - COMPIOP AGG $ COMBINED SINGLE LIMIT (Ea accident) $ $ BODILY INJURY (Par person) $ BODILY INJURY (Per accident) S PROPERTY DAMAGE (Peraccident) $ $ $ UMBRELLA LIAB EXCESS LIAB• OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE S DEDUCTIBLE RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIB ETORIPARTNERIXFCUTIVE OFFICERIMEMBEREXCLUDED? � (Mandatory In NH) If e, describe under DESCRIPTION OF OPERATIONS bebw NIA TWC3184966 01/01/10 01/01/11 WC STATU- X OTH- LIM ER E.L.EACHACC $ 1,000,00 EL. DISEASE - EA EMPLOYEE S 1,000,00 E.L. DISEASE -POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD iOl, Additional Remarks Schedule; If more space Is required) MONRCON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board Of Count THE kXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 1100 Simonton Street Rm 268 AUTHORIZED REPRESENTA Key West, FL 33040 Norman Fuller 01988400 C COR RATION. All rights reserved. ACORD 26 (2009109) The ACORD name and logo are registered marks of ACOR EXHIBIT A Hourly Mates � V 2 0 009 hCL - WILLIAM R HORN ARCHITECT, p -i mfi: EO BY: AA 0003040 %W 91S EATON STREET KEY WEST. FLORIDA 33040 PHONE: 305 -296 -8302 FAX: 303- 296 -1033 Date: 11/20/09 To: Jerry Barnett Facilities Dq relbpment Coordinator Monroe County Re: Hourly Rates Annual Contract Dear Mr. Barnett, Our Standard hourly rates are as follows: Principal Architect $195.00/hr Architect $130.00ft Intern Architect $100.001hr Draftsperson $85.00111r Structural Engineer $150.001hr MEP Engineer $125.001hr Principal Civil Engineer $150.001hr Senior Civil Engineer $120.001hr Civil Engineer $100 001hr Planner $150.00/hr Please call if you have any questions. We are looking forward to working With you. If Sincerely P. HORN ARCHITECT, P.A. William P. Horn, Principal