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Item C12
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 17, 2011 Division: Administration Bulk Item: Yes X No _ Department: Project Management Staff Contact Person/Phone #: Jerry Barnett X4416 AGENDA ITEM WORDING: Approval of a Fifth Amendment to Contract with William P. Horn Architect, P.A. for a no cost time extension to the Higgs Beach Park Master Plan Phase II by 98 days, from September 8, 2011 to December 15, 2011. ITEM BACKGROUND: William P. Horn requests to extend the contract time to meet with the Key West Planning Board in September or October 2011, and then to the City Commission in November, or December 2011. PREVIOUS RELEVANT BOCC ACTION: On December 16, 2009 the BOCC approved a Continuing Contract with William P. Horn Architect, 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 Horn to extend the contract time by 90 days. On January 19, 2011 the BOCC approved Phase I of the Master Plan including revisions, and approved to proceed to Phase II. On February 16, 2011 the BOCC approved a Second Amendment to Contract extending the contract time to proceed to Phase H by 180 days. On May 18, 2011 the BOCC approved a Third Amendment to Contract providing for payment of $3,382.50 for additional services under Phase I, and on June 15, 2011 the BOCC approved a Fourth Amendment to contract for the design and construction documents for the beachside playground in Phase I of the Higgs Beach Park Master Plan. CONTRACT/AGREEMENT CHANGES: Extend the contract time by ninety-eight days (98 days) from September 8, 2011 to December 15, 2011. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: NIA SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes _ No X #MOUNT PER MONTH Year J� APPROVED BY: County Atty OMB/Purc sing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 t MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: William P. Horn Contract # Effective Date: 08/17/11 Expiration Date: Contract Purpose/Description: Contract time extension for the Higgs Beach Park Master Plan Phase H by 98 days, from Sepbtember 8, 2011 to December 15, 2011. Contract Manager: Ann Riger X4439 Facilities Devel/Sto #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 08/17/11 Agenda Deadline: 08/02/11 CONTRACT COSTS Total Dollar Value of Contract: $ 146,382.50 Current Year Portion: $ 102,132.50 Budgeted? Yes® No ❑ Account Codes: 117-77040-530340-TM17735X-530340 Grant: $ N/A 20502-530310- - - County Match: $ N/A - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance; Division Director rDe Risk Managem nt O.M.B./PurcUng1� County Attorney /1A—�4 Comments: OMB Form Revised 2/27/01 MCP #2 CONTRACT REVIEW Chang Neede Yes❑ N Yes❑ N Date Out 1/It Yes❑ NoE L ((it Yes❑ No[2] FIFTH AMENDMENT TO CONTRACT BETWEEN OWNER AND ARCHITECT/ENGINEER THIS FIFTH 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 17'h day of August, 2011, in order to amend the CONTRACT, as follows: WITNESSETH WHEREAS, on the 161h day of December, 2009, the parties entered into a continuing contract for projects in which the estimated construction costs of each individual project under the contract does not exceed Two Million Dollars ($2,000,000.00), or for 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 171h 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 I5'h 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, on the 161h day of February, 2011, the parties agreed to a Second Amendment to Contract Extending the Contract time to proceed with Phase II by One Hundred and Eighty Days (180 days) from March 12, 2011 to September 8, 2011; and WHEREAS, on the 18"' day of May, 2011, the parties agreed to Additional Services in the amount of $3,382.50; and WHEREAS, on the 15'h day of June, 2011, the parties agreed to have the "Architect/Engineer" design a playground area for the beach side of Higgs Beach, and in the best interest of the public to have the design and related matters be completed by the Architect/Engineer who drafted the recently approved Master Plan. The parties agreed to amend the original Agreement of March 17, 2010, to allow the Architect/Engineer to design the beach side playground area of the Higgs Beach project, which requires development of construction documents through construction administration, for a total lump sum fee of $11,000.00; and WHEREAS, in accordance to the Contract of March 17, 2010, an extension of time at no additional cost to the Owner may be granted in the form of an Amendment to the Contract; now therefore Page 1 of 2 Firth Amendment to the Horn/Higg's Beach Contract IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. The Architect/Engineer has requested an extension of the contract time to allow him to meet with the Key West Planning Board in September 2011 or October 2011, and to meet with the Key West City Commission in November 2011, or December 2011. 2. The parties agree that this extension shall be at no cost to the County. 3. The contract time for Phase II shall be extended by Ninety -Eight days (98 days) from September 8, 2011 to December 15, 2011. 4. 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. Execution by the Architect/Engineer must be by a person with authority to bind the entity. Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: Date: Mayor/Chairman (SEAL) ARCHITECT/ENG ER WILLIAM P. HO ARCHITECT P.A. Attest: By: By: Al Print Name: Print Name: !i Title: Title: //v 41P,10 L Date: Date: % Z!?iJ Wi Witne .� MONROE COUNTY ATTORNEY Print ame:�,zNc-wi O ,IM PPROVEDFORiVI Witness 2: CZ� ��- G.G/� O,e ATILEENE . CASSEL Print Name: ASSISTANT COUNTY ATTORNEY Date '_� — ")p 0 STATE OF FLORIDA COUNTY OF /L%0/9 h'e On this day of 2011, before me, the undersigned notary public, personally appeared _ '4-M kno t�e the person whose name is subscribed above or who produced -�-- as identification, and acknowledged that he/she is the person who executed the above Amendment with Monroe County for Arc tect/Engineering services for the Higgs Beach Park Master Plan for ft nuroo�s therein contained Notary Public Print Name soNDnDE My commission expires: MC-S"InTE OF FLORWA David W. Gangwisch Commission * EE032981 ;- F x pi Fe. ;:GTI. 08, 2014 THRU ATLI NTIC BONDING CO., INC. Page 2 of 2 Fifth Amendment to the Horn/Higg's Beach Contract FOURTH AMENDMENT TO CONTRACT BETWEEN OWNER AND ARCHITECTIENGINEER THIS FOURTH 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 June, 2011, in order to amend the CONTRACT, as follows: WHEREAS, on the 16d' 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'h 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 PIan; and WHEREAS, on the 15`h day of December, 2010, parties entered into 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 PIan at its public meeting on January 19, 2011, and approved to proceed to Phase H of the Master Plan; and WHEREAS, on the 16`' day of February, 2011, the parties agreed to a Second Amendment to Contract Extending the Contract time to proceed with Phase H by One Hundred and Eighty Days (180 days) from March 12, 2011 to September 8, 2011; and WHEREAS, on the 18'h day of May, 2011, the parties agreed to Additional Services in the amount of $3,382.50; and WHEREAS, the County wishes to have the "Architect/Engineer" design a playground area for Phase One on the beach side of Higgs Beach, which will include demolition of presently existing structures on the site of the playground, as well as playground equipment, and other items as part of the Higgs Beach Park Master Plan design; and WHEREAS, it is in the best interest of the public to have the design and related matters for the beachside playground to be done by the Architect/Engineer who drafted the recently approved Master Plan; now therefore IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. The original Agreement dated March 17, 2010, stated at Article 2.1.1 that, "The Architect is not responsible for the development of construction documents". This paragraph was intended to 1 lPabe Iimit the Agreement to the development and approval of the Master Plan so that the construction could be done in segments as funding becomes available. 2. The original Agreement dated March 17, 2010 must be amended in order to allow the Architect/Engineer to provide a design for the phase one playground area of the Higgs Beach project, which requires development of construction. documents. It is the intent of the County to amend the original agreement for this limited and specific purpose only. Article II Scope of Architect/Engineer's Basic Services in the March 17, 2010 Agreement is amended to add paragraph 2.1.4 to read as follows: "2.1A Additional Basics services under Phase One shall include the design of a new playground area beachside of the present road which bisects the site. This new playground design will coordinate with the future location of the playground area per the master plan and still be completely usable as built. The scope of the work shall include the creation of a site plan, design plan and details, development of the construction drawings and specifications including demolition of cabanas, a design for fencing, playground equipment, additional sand, sidewalk renovations, and relocation of recycle area and other related items. The design and specifications shall be done in a manner which will enable the County to have the project permitted, and redesigned if necessary until a permittable design is attained. The Iump sum amount for this portion shall be Eight Thousand Dollars ($8,000.00). The ArchitectlEngineer shall also assist in the biddirig phase by at the pre - bid meeting attendance to answer questions, and to assist in the response to any bidding questions during bidding process, and to assist in the bid review. The lump sum amount for this portion shall be One Thousand Dollars ($1,000.00). In addition, during the construction administration phase, the Architect shall assist by providing the construction administration on the new playground area by providing administration of the Owner/Contractor contract which shall include site visits, review of shop drawings and schedule of values, and timely responses to Requests for Information from the contractor or the County. The Architect/Engineer shall review any as -built drawings furnished by the Contractor and shall certify to the Owner that same are adequate and complete. The Architect/Engineer shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Architect/Engineer or its consultants, or both. Upon receipt, the Architect/Engineer shall carefully review and examine the Contractor's Schedule of Values, together with any supporting documentation or data which the Owner or the Architect/Engineer may require from the Contractor. The purpose of such review and examination shall be to protect the Owner from an unbalanced Schedule of Values 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. The site visits Architect/Engineer shall carefully inspect the work of the Contractor and shall, at a minimum, inspect work at the Project site during the construction and at the end of the construction. The purpose of such inspections shall be to determine the quality and quantity of the 21Page work in comparison with the requirements of the Construction Contract. In making such inspections, the Architect/Engineer shall protect the Owner from continuing deficient or defective work, from continuing unexcused delays in the schedule and from overpayment to the Contractor. Following each inspection, the Architect/Engineer shall submit a written report of such inspection, together with any appropriate comments or recommendations to the Owner. Due to the small size of the project this report may be made via email and is not expected to be as intensive and formal as expected on large projects. The Architect/Engineer shall review any as -built drawings furnished by the Contractor and shall certify to the Owner that same are adequate and complete. The ArchitectlEngineer shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Architect/Engineer or its consultants, or both. The lump sum amount for this portion shall be Two Thousand Dollars ($2,000.00). The Owner and the Architect/Engineer agree that cost of this specific scope of work, inclusive of any subcontractors of the ArehitectlEngineer, for this playground design and related items shall not exceed the total lump sum amount of Eleven Thousand Dollars ($11,000.00), and no additional services shall be awarded for this scope of work." 1. In addition, Article VIII shall be amended to change the fee schedule at 8.1.1.A of the March 17, 2010 Agreement, to read as follows: "8.1.1.A - Phase One Fees Architectural, Planner, Civil, etc . .......................................... $45,000.00 Surveyor............ .......................................................... $10,500.00 Revisions to Master Plan Phase I ...........................................$ 3,382.50 (pursuant to Third Amendment dated May 18, 2011) Design for Phase One Playground Total $11000 00 -Design, Constriction Documents and Specifications Fee.. $8,000 -Bidding Phase Fee .............................................. $1,000 -Construction Administration Fee ..................... ......... $2,000 (pursuant to Fourth Amendment) Phase One Total...........................................................................$69,882.50 8.1.1. B - Phase Two Fees Architectural, Planner, Landscape Design, Civil Engineering, Lighting Engineering, Studies and assessments, etc $76 500 00 Phase Two Total ............... .............................................. $769500.00 8.1.LC — Total Contract Sum PhaseOne ......... .......................................................... $69,882.50 PhaseTwo....................................................................$76.500.00 Total Contract Sum ....................................... .............$146,382.50 3jPage 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 four (4) buildings. Additional buildings will be billed as stated below. Any additional work for Phase One or Phase Two can be completed at a fixed fee, which will be stated in Amendment form or at the standard hourly rates listed in Exhibit A of the Agreement dated March 17, 2010. All Amendments or agreements for use of standard rates shall be in writing and executed in the same formalities as this Amendment and the Agreement dated March 17, 2010. The Total Contract Sum is $146,3=% (one hundred forty -sip thousand three hundred and eighty-two dollars and fifty cents):' 2. The remaining terms of the CONTRACT, not imonsistent heaewith, shall remain in full force and effect. WHEREOF, the parties hereto have executed this Fourth Amendment on the date Execution by the Architect/Engineer must be by a person with authority to bind L. KOLHAGE, CLERK BOARD OF COUNTY OF MONROE ► _`% s' COUNTY, FLORID f ► By. Witnesses for j 'te tRsngin0 ARCHMECT/ENGWM Witness 1: WiLLIAM P. H ARCHrMCT, P.A. Print Name: Date: By: Print Name• Z✓ G!. a IlJ Witness 2. Title: )iZ1A0 Print Name • Date: Date:_ �••�,i+'..1I STATE OF FLORIDA COUNTY OF /LJ6W /V if On this o'ZS 'y� day of ZMg 2011, before me, the undas*ned notary public, personally appeared �a y,� c9L-.n known to me tobe the person whose is subscribed above or who produced as identification, and acknowledged that she is tie person who executed the above Fourth Amendment with Moraoe County f hitect/Faiginerxing for the Higgs Beach Park for the purposes d erein contained. c �angwiscOF h NOTARY pliBLiC-� tA'LE ,�Vu.q. Notary IPubl' ,David W• My commission e ' Com�ssi0n # T 08, 2014 Print Name Pl , OCT.08, •...... UATI.ANTICBoNDINGCOJNG 33ONDID 41Page MONROE COUNTY ATTORNEY Z PROVED AS TO F ��) /" NATILEENEE W. CASSEL ASSISTANT COUNTY ATTORNEY Date' �� � z { • THIRD AMENNDMENT TO CONTRACT BETWEEN OWNER AND ARCHTWCTfftNG1NEER THIS THIRD 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 181h day of May, 2011, in order to amend the CONTRACT, as follows: WITNESSETH WHEREAS, on the 16`h 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'h 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 H of the Master Plan; and WHEREAS, on the 16" day of February, 2011, the parties agreed to a Second Amendment to Contract Extending the Contract time to proceed with Phase H by One Hundred and Eighty Days (180 days) from March 12, 2011 to September 8, 2011; and WHEREAS, in accordance to the Contract of March 17, 2010, Additional Services may be performed by the Architect only after receiving an Amendment to the Agreement and a Notice to Proceed from the Owner; now therefore IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. Revisions to the Master Plan Phase I, approved by the Board of County Commissioners on January 19, 2011 required additional fees incurred by the Architect(Engineer in the amount of $3,382.50, which will be paid by the Owner as Additional Services. Page 1 of 2 Amendment 3 to the Homl- igg's Beach Contract f: 2. The remaining terms of the CONTRACT, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date stated above. Eno � A�ttest� �f the Architect/Engineer must be by a person with authority to bind the entity. L. KOLHAGE, CLERK Date: (SEAL) Attest: By: Print Name: Title: Date: Or: Witness 1: Print Na Witness 2: Print Name: BOARD OF COUNTY COMMISSIO S OF MONROE COUNTY, FLO By: � U'k May r/C an ARZame:41 INEER WILRCHITECT, P.A. By: Prin Title: Date: MONROE COUNTY ATTORNEY A ROVED AS TO FQRM: NA ILEENE �V. CASSEL AS$ISTA T COVNTY ATTORNEY STATE OF FLORMA Date 3 // COUNTY OF - On this day of -- 2011, before me, the undersigned notary public, personally appeared _ —,--,known tome (o be the person whose name is subscribed above or who produced — as identification, and acknowledged that he/she is the person who executed the above en ent with Monroe County for Ardutect/Engineering services for the Higgs Beach Park Mast r'FIn for the pul therein contained Notary Public Print Name My commission expires: NOK 1MM N"ry N+*Ik - SW of p** s�CWM""000 WM Page 2 of 2 Amendment 3 to the HonMgg's Beach Contract r WILUAW P. HORNAR'CH/TECT, P.A. 915 EATON ST. KEY WEST, FL 33M TEL (30SJ29"W2 IPAX No. (3M 286.1033 TI7: ANNAWE COUP YFLORM 11W SIMMM $7JaMT, JW 2--216 ATIN..IMYBARMETT •uelrr KEY WEST, FL 331W PROJECT- CLARENCEHIGGS BEACH ADDITIONAL SERVICES (REVISING PLAN A FINAL REPORT TO INCLUCE OPTION -F`) INVOICE TIME SERVICE DESCRIPTION RATEIHOUR TOTAL 3.50 PRINCIPAL !SING PLAN W TO PLAN T', COORDINATING $196.00 5682.50 EVISIONS TO PLAN AND FINAL REPORT. DELIVER EPORTS. 4.5 INTERN ARCf 1. RAFT REVISIONS TO PLAN, INSERT REVISED 5900.00 $450.00 AGES IN REPORT 12 BOOKS 7.5 LANDSCAPE SE GRAPHICS OF REPORT, COORDINATE tl50.00 $7 125.00 ARCHITECT E-PRINTING. 7.5 PLANNER EVI$ING TEXT OF REPORT RE -CALCULATE SITE $150.00 S7 125.00 EAS. TOTAL $3.382.50 ~ CREDIT! CIL No. DESCRIPTION RATEIHOUR TOTAL ToTALI $3,382.50 TOM NIIOH d XVII71A OZTT V6Z SOC IVA ST : VT TT/ZO/50 Mitchell Planning and Design, Inc. Mitchell Planning & Design Inc. 15450 SE 103rd Place Road Ocklawaha, Florida 32179 Phone: 352.288.0401 Cell: 305.509.0966 January 25, 2011 Email: mitcheliplanningdesign@gmall.com Mr. Bill Horn 915 Eaton Street Key West, Florida 33040 Project: Higgs - Phase 1 Additional Tasks INVOICE Date Description Amount Due 01.10.11 Revise Higgs Beach Final Report per Mayor Carruthers Request 1.5 hrs $150.00 $225.00 01.12.11 Research and provide Planning Reports for Park Redevelopment & vagrants, start recalculation of use areas based on Option F 2.5 hrs $150.00 $375.00 01.12.11 Complete analysis of use areas, forward to Commissioner Carruthers office 3.5 hrs $150.00 $525.00 Due Upon Receipt: TOTAL: $1,125.00 Please Remit to Above Address THANK YOUH Invoice Date Invoice # 2/11/2011 233 Sill To William Horn Architect, PA William Horn 915 Eaton Street Key West, FL 33040 LAN IjVVI;)t D E S I G N L Val 4073 San Juan Avenue Jacksonville, FL 32210 Item Description Qty Rate Amount Design Service Additional Services for Staff Requested Revisions 7.5 150.00 1,125.00 to Master Plan Report Thank You. Total $1,125.00 MONROE COUNTY PROJECT MANAGEMENT DEPARTMENT M E M O R A N D U M DATE: 4/20/11 TO: MCBOCC FROM: Jerry A. Barnett, Director M.C. Project Management Dept. RE: Contract Amendment for William P. Horn Architect. Higgs Beach.Master Plan In early Jan. 2011 changes were requested by Mayor Carruthers to the Higgs Beach Master Plan. The plan had been completed and had been printed and bound for presentation to the BOCC at the Jan. 19th, 2011 monthly meeting. The requested changes required additional services to be provided by the architect and his consultants incurring additional cost. These changes were made, printed and placed in the report for distribution. An agreement was made with the architect to allow the additional services and a verbal Notice to Proceed was issued by the Director of Project Management for approval of and commencement of the additional services. The use of a verbal Notice to Proceed was due to a very limited time frame to complete the work before the scheduled BOCC meeting. An email was issued to the architect with this information but is no longer retrievable. The invoice from William P. Horn Architect dated Feb.18th, 2011 for $3,382.50 is for the requested additional services. 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'h day of February, 2011, in order to amend the CONTRACT, as follows: WITNESSETH WHEREAS, on the 16th 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 17th 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 15th 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 Horn/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 '2TZED AND WITNESSED BY ANOTHER OFFICER OF THE ENTITY. tt`e400ANNY L. KOLHAGE CLERK . vt�B lerk (SEAL) Attest, By: Print Name: Title: Date: Or. Witness l:z2iele-'=1 Print Name:r/(� Witness 2: Print Name: h�4z- Y 0--if S rC,?— BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORI A By: AC-- Mayor/ ha' a ARCHITECT/ENGINE WILLIAM P. HORN AR TECT, P.A. By: Print Name: Wv&,I)On Title: ,rar%✓G )10/ Date: MONR.OE COUNTY ATTORNEY A ROV D AS TO F NATILEE=NE W. CAS EL ASSISTANT COUNTY ATTORNEY [Jets STATE OF FLORIDA COUNTY OF &,0 On this 21 s dayofUfiO 2011, before me, the undersigned notary public, personally appeared__ 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 the above Amendment with Monroe County for Architect/Engineering services for the Higgs Beach Park Master P kii - or the purposes them contained. V'.17 Z^— Notary Public Print Name My cozmnission expires: I:9tt�t fi4 � uoEte9 Al�t31e NAB - �d .�__ .�/3flilt'1'IlNM11 Page 2 of 2 Amendment 2 to the Hom/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 15th day of December 2010, in order to amend the CONTRACT, as follows: WITNESSETH WHEREAS, on the 161h day of December, 2009, the parties entered into a continuing contract for projects in which the estimated construction costs of each individual project under the contract does not exceed Two Million Dollars ($2,000,000.00), or for 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 17th 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 ,— . Amend #1 1 by the Architect/Engineer must be by a person with authority to bind the entity. fRE OF THE PERSON EXECUTING THE DOCUMENT MUST BE ED AND WITNESSED BY ANOTHER OFFICER OF THE ENTITY. L. KOLHAGE, CLERK Deputy Date: DEC 1 5 2010 (SEAL) Attest: By: Print Name: Title: Date: Or: Witne Print I Witne: Print Name: ..� ✓r✓ 2'%. ,R; ,2 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: M or/Chffirman ARCHITECT/ENG14ER WILLIAM P. HORN CHITECT, P.A. By: Print Name:f Title: Date: 7v b _ STATE OF FLORIDA COUNTY OF. f'1717btl {1 �- On this day of l , , 2010, before me, the undersigned notary public, personally appeared /_� 53;1 / /O�it,l , known to me to be the person whose name is subscribed above or who produced rw7l "� as identification, and acknowledged that he/she is the person who executed the above Amendment with Monroe County for Architect/Engineering services for the Higgs Beach Park MasterPran for the purposes therein contained. No Public .AJJ ; Print Name My commission expires: 7 / 2 Amend #1 i CONTRACT FUR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT/ENGINEER THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECTIENGINEER (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) ( ). 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 terms 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 worm 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 I 1.I 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 bylaw 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. 1 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 writin& 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 Oneq 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. 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 rewired from the Architect to conform the documents to federal, state, city, county, or agency specifications and approval requirements to allow thew 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 Architectfor 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 errors, 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 IfAdditional 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 5 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 i4 modified. No review of such documents shall relieve the Architect of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. ARTICL9�V CQNSIRUCTION em 5.1 The Architect shall provide an Estimated Construction Cost for the total project. 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 attorneys 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. rl 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 provideby 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 no way limited to, reduced or lessened, by the insurance requirements contained elsewhere within the Agreement. 6.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VII 7.1 PERSONNEL The Architect shall assign only qualified personnel to perform any service concerning the project. ARTICLE VIII U 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 ofpayment are as specified below. U.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. S.I.LA - 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. $76.500.00 Phase Two Total ............................................... .... $76,500.00 8.1.1.0 - Total Contract Sum PhaseOne .......................................................... .$55,500.00 Phase Two S76,500,00 Total 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 1s......... S132,000.00 (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 8.3.1 The Architect may not be entitled to receive, and the County is not obligated to pay, any fees or expenses in excess of the amount budgeted for this Agreement in each fiscal year (October 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 constructin& using and maintaining the Project 11.1 SUCCESSORS AND ASSIGNS The Architect shall not assign its right hereunder, excepting its right to payment, not 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. l 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 XIII 13.1 INSURANCE 13.1.1 The Architect shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. Professional Liability Insurance shall also be maintained as specified. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Architect's failure to 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 Acciden4 $500,000 Disease, policy limits, $100,000 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 Iimits 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 X V TERMIlYATION 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 f _ f 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 apart of this contract. to 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 DISME 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 XVII Additional Reaulrements 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 terra 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. See. 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 terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Architect and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advise of counsel. g) Claims for Federal or State Aid. Architect and County agree that each shall be, and is, empowered to apply for, seep 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 participate, to the extent required by tho other partty, 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 (Pi. 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. t) 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. na) 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 malting 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, gill; 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 Iocal 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 relied 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 their, 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 f 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 are -riot $ part of this Agreement and will not be used in the interpretation of any provision WHEREOF, each party caused this Agreement to be executed by its duly 'esentative on the day and year first above written. Clerk D P?N9'Y�COUIVTY ATTORNEY APPROVED AS TO FO 04, NATtt.EEnll: w. cassr=t. ASSISTANT COUNTY ATTORNEY ate �A /• t r\ WITN S T Architect' atur , By: iTNESSSS Sigpa Print Wilness Name Date ,9,Lsr BOARD OF COUNTY COMMISSIONERS OF MONR COUN , R A c-� Ty d ►� cam MC , tV MAR } 7 ZOiO Date: i t -,-�-I v 4 0 0 . (INSERT7NofArchitect) Ti By:""'\ -- Print Name of rporat Agent Date: "P" • slow-0 t" 4�r+�iMtiyI'AN END OF AGREEMENT 17 >; t 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 $ 1001000/$500,000/$ 100,000 $ 00,000 Combined Single Limit $100,000 Combined Single Limit per Occwencef$1,000,000 Aggregate $500,000 per occurrence/ $1,000,000 Aggregate IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTa 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 terminationofthe Agreement. RESPONDENT'S STATEMENT f! 1 understand the insurance that will be mandatory if awarded the'"contract and will comply in full with all the requirements. Respondent Signature 19 T r�t�Il��iNCE �c�nr�,� s�rar�r�rErir i have reviewed the above requirements with the Are- itectnamed below. no following deductibles apply to the corresponding policy. POLICY v-J Or k 5 rim DEDUCTIBLES 0 0 Liabilitypolicies We ,Oec._._,_ClaiUM MG& 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: o The Response Form V / o Lobbying and Conflict oz1nt estClause vo Non -Collusion Affidavit_�/ o Drug Free Workplace Fonn:_ ._ o Respondent's Insurance and Inden 4fication Statement o Insurance Agent's Statement o Professional and Occupational Licenses�� I have included a current copy of the following professional and occupational licenses: (Cheep_ mark items above, as s row-1-aft that the- are include _ i ].Or Mailing Address: Telephone: .3 06'Zd -9 30 2 Fax: 3d S-- 3 . Date: Signed: '� Witness:/ ;-/A G✓/L L/,!!�y► � ��ly� (Seal) (Name) (Title) 21 t 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 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 11 amount of any fee, commission, percentage, gift, or consideration paid to former County officer or employee". , (Sigdature) Date: Ile STATE OF: J >lJ2, I nq COUNTY OF:_ / ' / aAze OF - Subscribed and sworn to (or affirmed) before me on A )1 d )ZZ2 (date) by /A/,-11j A/z► P -AMAJ personally known to me or has produced as identification. (type of identi IWALRoN r+*WP"-sr.aftW ► ftw*dM ftb«mr, A 22 (name of affiant). 9she is My commission expires: 70 DRUG -FREE WORKPLACE FORM The undersigned vendor In accordance with Florida Statute 287.087 hereby certifies that: ►M (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 goal faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign�tie statement, i certify that this firm compiles fully with the above requirements. 1 W/l40 23 NON -COLLUSION AFFIDAVIT I, 4/V11—,4O '°? g14411)6a of the city of_ at-1 iet/`�Z. according to law on my oath, and under penalty of perjury, depose and say that: 1, r am L of the firm of[,;�� j�Ye/'�N��OI the bidder making the Proposal for the project described in the Request for Qualifications for: /f- &%* L � � AUAJ and that I executed the saiZidd proposal with full authority to do so: 2. the prices in this bid have been arrived at independently withnut. enll»cinn- 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; S. the statements contained i this affidavit are true and correct, and made with full knowledge that M oe County relies upon the truth of the statements contained in this a vit in awarding contracts for said proj��4 '~ JZ� ( griature of Respondent) (Date) STATE OF: r/ye-w.4 COUNTY OF:�t7NQ a PERSONALLY APPEARED BEFORE ME, the undersigned authority, �TItJ" `11lo r f' who, after first being sworn by me, (nameofindividual signing) affixed hi er signature in the space provided above on this day of C61 0 / 19 Noon ewe •1*0 jig � r� • � 0 00 N'61ARY PUBLIC My Commission Expires: 24 ROUTING 0!��q WILLTAIVI P. HORN ARCHITECT, P.A. License No. AA `)15 0ATO'N STR.EPT._KPV WEST, FLOIZIDA 3]f140 Ph1014E: 31)5-39h-YJI)1 IAA\; .li)5-39h-IU.l� Date: 2/9110 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 r 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 Ws project. P. HORN ARCMTECT, P.A. WIllism P. Horn, Principal, LEED AP i OP ID: t CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDIYYYY) 11115/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND dONFERS 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 REPRESS14TATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the Certificate holder Is an ADDITIONAL INSURED, the pol(cy(ids) 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 PRODUCER 305-294.6677 The Fullers, Inc 305-292-4641 1432 Kennedy Drive 1. Key West, FL 33040 Norman Fuller NAME '` PHONE FAx E4NAIL PRODUCER c HORNW-1 INSUR S AFFORDING COVERAGE NAIC# INSURED William P Horn Architect PA INSURERA.First Community Insurance Co. 13990 Bill Horn 915 Eaton St Key West FL 33040 INSURER a- INSURER C : INSURER D ; INSURER E : INS R F: COVERAGES CERTIFICATE NUMBER; REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN5R L� TYPE OF INSURANCE POLICY NUMBER MRD1%J P ID - - - - LIMITS GENERAL LIABILIIY A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR }( BU. Iness Owners Jt 090004962995809 09/21/10 09/21111 FAC14OCCURRENCE s 1,DOO,00C 70M S� , s 60,00a MEDEXP(Any meperson) 6,00O PERSONAL LADY INJURY S GENERALAGGREGATE S 2,000,000 I LAGGREGATELIMIT APPLIES PER X POLICY FRO- LOC PRODUCTS - COMP/OP AGO $ CSL # 1,000.00JFrT0 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON•OVJNED AUTOS COMBINED SINGLE LIMIT (Ea accident) S BODILY INJURY (Pw•person) # BODILY INJURY (Per accldeM) S PROPERTY DAMAGE (Pareoddant) # i UMBRELLA LIAR EXCESO LIAR I OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE S DEDUCTIBLE RETENTION S $ t AND EMPLOYERS' LIABILITY ANY PROPRIEfORIPARTNERIEXECUTIVE YIN H iWORKERS COMPENSATION OFFICERIMEMBEREXCLUDED7 IMandatory in NH) i)t"ssdRdloPsTal"ObNuori:deorpr:RATjoligb.i.. NIA TH- WC 3TATU- OIR E.L. EACH ACCIDENT i Ed. DISEASE . EA EMPLOYE S E.LDISEASE - POLICY LIMIT S PROPERTY DESCRIPTION OF OPERA71ONS / LOCA'nONS I VEHICLES (Attach ACORD iOl, Additional Romadu Schadula, If man epics Is r#qulred) Certificate holder Is an additional insured. MONRCON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, N0710E WILL BE DELIVERED IN Monroe County Board of County 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 mark of , CORD ur lu: I • ``�� Rip CERTIF, ZATE OF LIABILITY INS PRANCE DATE (MM/DD/YYYY) F - 05/27/11 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 ER. IMPORTANT: If the certificate holder is an AD ITIONAL � cy(ies) m t be endorsed. If SUBROGATION IS WAIVED, subject to 1=.ement. the terms and conditions of the policy, certain olicies ma 1 statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement s PRODUCER 30-294-6677 CONTACT N ME: The Fullers, Inc 30-292-464 UN Z c No EXtL (A/c, — - 1432 Kennedy Drive E-MAIL Key West,'FL 33040 ADDRESS: PRODUCER —------------- ORNWI1 Norman Fuller MONROE CO sTOMER ID # R K MANAC INSURERS) AFFORDING COVERAGE NAIC # INSURED William & Alma Horn INSURERA: ro_gresslye 151 Key Haven Rd. INSURER B : Key West, FL 33040 INSURER C : INSURER D C17VFRAr;F.R CERTIFICATF NI IMRFR* 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 TYPE OF INSURANCE ADDL SUB POLICY NUMBER MM/DDYIYYYY / MMDYE LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC PRODUCTS - COMP/OP AGG $ $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X 02158316-8 05/29/11 05/29/12 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,01 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ X X $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE I I EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A j 7 WC STATU- I JOTH- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ _ E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more spacos required) 2007 Chevrolet TahoeC150 SUV 1GNFC13027R293917 �tAtf Monroe County Board of County Commissioners 1100 Simonton Street Rm 268 Key West, FL 33040 MONRCON 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 ©1988-2 RD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks f ACORD PRODUGER ISU Suncoast Insurance Assoc P.O. Sox 22698 Tampa, FL 33622-2668 $13 289-5200 INSURED William P. Horn, Architect, P.A. 915 Eaton Street Key West, FL 33040 GTeIh-d:7_rsT�0 ICE DATE (MWDDNYYY) F LIABILITY INS --f, d 08120/2010 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. INSURERS AFFORDING COVERAGE NAIC # INSURER A: Beazley Insurance Company, Inc. $7540 INSURER C: INSURER 0: INSURER E: THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDfCATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 13Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSfONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, NSUO TYPEOF INSURANCE POLICY NUMBER POLICYLTR DATE(EFFEn TIVH PD iEPAMIDDTiON LIMITS GENERAL LIABILITY EACH OCCURRENCE $ PAMAGESlea0NTE=D $ COMTORE MERCIAL GENERAL LIABILITY MED EXP (Any one person) $ CLAIMS MADE OCCUR PERSONAL 8 ADV INJURY $ C-ENERALAGGREGATE $ PRODUCTS -COMPIOPAGO $ GEWLAGGREGATE UMITAPPUESPER: POLICY JEC LOC AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT (Eaeccident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS (Peso dent) {Pef acddenf) $ HIRED AUTOS NON -OWNED AUTOS / ;f ► ` [{I PROPERTY DAMAGE (Per accident) . $ -..• ; y v GARAGE LIABILITY AUTO ONLYs EA ACCIDENT $ OTHER THAN EAACC AUTO ONLY: AGG $ RANY AUTO / '^( 1 $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ WORF(ERS COMPENSA710N AND STIM OTH- WC YLIAAIT� EL EACH ACCIDENT $ `- EMPLOYERS' LIABILITY A14YPROPRIETOR/PARTNERIEXECUTWr E.L. DISEASE -EA EMPLOYEE $ OFFICERWEMBEREXCLUDEDI EL.DISEASE-POLICYIJMiT $ If yes dewribeunder SPELIIALPROVISIONSbelm A OTHER Professional V15VBD100301 08120/10 08/20111 $1,000,000 per claim Liability $1,000,000 anni aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Professional Liability is claims made and reported. Project: Conch Key, Big Pine & North Key Largo Fire Stations Annual Contract for Architectural Services vG�\„s-IVHIG I7VLVGIT 1iHtV l,GLL.H1{VIV IV un a lV, �iVt1-ra of sa-.1�• SHOULD ANY OFTHE ABOVE DESCRIBED POLICIESSE CANCELLED BEFORE THE EXPIRATION Monroe County DATETHEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3() DAYS WRITTEN Board of County Commissioners NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn: Risk Management 1100 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Simonton REPRESENTATIVES. Key West, FL 3300.0 a REPRESE14TATIVE ACORD 25 (2001108)1 of 2 #tS266185/N1266181 KEB, © ACORD CORPURAI IVM IUt5Y5 OP ID. DATE JMMWDfYYYY, ' CERTIFICATE OF LIABILITY INSURANCE 01131/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THII CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: BELOW. THIS CERTIFICATE OF INSURANCE: DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORiZEt 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 tc the terms and conditions of the policy, certain policies may require an endorsement A statement on this coMfIcaie does not confer rights to flu certificate holder In Ilea, of such endomem s . PRODUCER 305-294-6677 NOCT Nn The Fullers, Inc 30&2924641 1432 Kennedy Drive Key West, FL 33040 Norman Fuller PHONE &MAN. FtWUMEK HORS-1 I $ AFFORDM COVE N=9 INSURED William P Horn Architect PA INSUNRA: Florida Retail Federation Bill Horn 915 Eaton St. Key West, FL 33040 INSURERB: INSUREnC: INSURER n MURER E i Rt3URER F 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, swu i nminN3 AND r:mmnr nnNS nF m Ir:H PAt Ir.IFS. I IFAITA SHnWN MAY HAVE BEEN REDUCED SY PAID CLAIMS. INSR tYCEOF INSURANCEADM SU POLICY NUMBER Po= EFF MMM FOLICY FXP LIMITS _ GENERAL UA13UTY COMMERCIAL GENERAL LIABILITY ClAMIS-MWE FJOCCUR EACH OCCURRENCERENTED $ PREMISES Ma ers,treanoe $ MED EXP (AW one armor) S PFRSONALBADVINJURY t GENEIM AGGREGATE S GEOL AGGREGATE LIMIT APPLIES PER . POLICY M PRO- LOC PRODUCTS - COMPIOP AGG S $ AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREOAUTOS NON-0WNEDAUT06 .3 t COMBINED SINGLE LIMIT (Ea acckk n) $ BODILYIHJURY(Perpm-) $ ' BODILY INJURY (Per aakdent) S PROPERTY DAMAGE (Paracadent) UMBRELLA LIAR EXCESS LIA6 OCCUR CLAIMS4AADE 1 r / �f r EACH OCCURRENCE S Pi AGGREGATE $ DEDUCTIBLE RETENTION $ S AmypROPEM�xINEREcunvr- WORKERS COMPENSATION AND EMPLOYERIP LIMILiTY YIN ORIMeEREcre (MaendetcxyhNH) D S IO—TA 0 ERATIONSbe(av NIA 520-40146 01/01111 0101i92 WC STATU- X OTN- E.LEACHACCIDENT $ E.LDISEASE -EAEMPLOYE $ 1+�4=C E.LDISEASE -POLICY LIMIT S 1+ +t DESCRIPTION OF OPERATIONS! LOCATION$ f VEMCLES (AHlEfI ACDRD 1a7, Add#Wnal Ritnarks SchedutR H More itparo is roqulrodj Monroe County BOCC Risk Management 1100 Simonton St. May West, FL 33040 SHDULA ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE- THEREOF, NOTICE WILL BE DELIVERED Its ACCORDANCE WITH TW POLICYJPROVIS1ONS- AUTHORIZED REM Norman Fuller CORPORATION. All rights reserved. ACORD 26 (2009109) The ACORD name and logo are registered EXHIBIT A Hourly Rates Nonrca C�;v��iy � {v�V f�:1 Ziia�l 9 U WILLIAM A HORN ARCHITECT, P.AR.Ecelveo er:o��, , 0003040 915 EATON STREET, KEY WEST. FEORiDA 33040 Date. 11/20/09 To: Jerry Barnett Facilities DQi ofepment Coordinator Monroe County Re: Hourly Rates Annual Contract Dear Mr. Barnett, Mw standard hourly rates are as follows: Principal Architect $195,00/hr Architect $130.00/hr Intern Architect $100.00/hr 13rasperson $85.00/hr Structural Engineer $150.00/hr MEP Engineer $125.00/hr PrincipW Civil En&m $150.001hr Se Mor Civil Engineer $120 OO/hr Civil Engineer $100 00/hr Planner $150.00/hr PHONE.305-296-8302 FAX.305-296.1033 PlOm call if you have any questions. We am looking forward to working With you , Sincerely P. HORN ARCHITECT, P.A. Wilibrm P. Horn, Principal . f f . f CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT/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"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, its successors and assigns through the Monroe County Board Of County Commissioners (`BOCC"), and William P. Horn: Architect, P.A., the ( "Architect")., whose address is 915 Eaton St, Key West, FL 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 as a continuing contract pursuant to Florida Statute 287.055(2) (g). The professional services required by this Contract are to be rendered for projects in which the estimated construction costs of each individual project under the contract does not exceed Two Million Dollars ($2,000,000.00), or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand Dollars ($200,000.00). The parties shall enter into a separate contract for each project awarded to the Architect by the Owner. The specific services to be performed under these separate contracts will be determined by the Owner and agreed to by the Architect. Each separate contract will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions applicable to that specific contract. Architect will be chosen pursuant to Owner policy and work will be distributed among all contractors who have signed a continuing contract. The professional services required by this contract will be for services in the form of a continuing contract, commencing on the effective date of this contract and ending four years thereafter, with options for Owner to renew on an annual basis for two additional years. The terms and conditions of this Contract shall apply to any separate contract, unless expressly modified in the provisions of the separate contract. Where the terms of this Contract differ from the terms of the separate contract, the terms of the separate contract shall take precedence. The separate contract will contain its specific scope of work and it is anticipated by this Contract that the scope of work in the separate contract will be in addition to the scope of work outlined in this Contract NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which hereby acknowledged, the Owner and the Architect agree: FORM OF AGREEMENT 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, constructed, and operated prior to entering a separate contract for any specific Project. 1.1.4 The Architect shall prepare all documents required by this Contract including, but not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. The Architect warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional construction cost due to missing or incorrect design elements in the contract documents; 1.1.5 The Architect assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ as Architect of Record. 1.1.6 The Architect's services shall 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 2.8, and other services identified as part of Basic Services, and include normal, civil, structural, mechanical, and electrical engineering services. 2.1.2 The Design for Construction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Design for Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the Owner. The Architect shall be responsible for designing the Project in accordance with the analyses and recommendations of the geotechnical information furnished by the Owner. 2.1.3 These services shall include, but not be limited to: Preparation and completion of the design program for space requirements and relationships, schematic design, design development, preparation of contract documents for bids, preparation and advertisement for Request for Bids, tabulation and review of bids, recommendation of contract awards, cost estimating during design and document preparation, administration of contract documents, consultation and on -site inspections during construction, review and recommend. approval of contractor invoices, preparation and submittal of permit applications, zoning applications, public presentations and presentations to the County Commission. Architect shall arrange his schedule in order to be available to perform the listed services for one or for several projects if requested by COUNTY and with the understanding that for any individual project the construction costs will not exceed the limits under F.S. 287.055 (2)(g). 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the County's program, schedule and construction 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 permits, 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 and construction of the Project. 2.2.4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 Upon completion of the Schematic Design Phase, the Architect shall 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 the Design Development Phase. 2.3 DESIGN DEVELOPMENT/DOCUMENT PRASE 2.3.1 Upon completion of the Design Development Phase, the Architect shall provide drawings, outline specifications and other documents for the Owner's approval and the Monroe County Project Management Department's information. The Architect shall provide an estimate of anticipated costs in accordance with the design development phase. 2.3.2 The Design Development Documents must be approved in writing, by the Owner prior to Architect continuing to the Construction Documents Phase. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 The Architect shall provide Drawings and Specifications for the Owner's and the Monroe County Project Management Department's review. 2.4.2 The Architect shall assist the Owner and Monroe County Project Management Department in the preparation of the necessary bidding information, bidding forms, the Conditions of Contracts, and the forms of Agreement between the Owner and the Contractors. 2.4.3 The Architect's construction documents (plans, specifications, etc.) will conform to all written codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to receive all permits when applied for. If permits are 4 denied, then the Architect will conform the construction documents in such manner to receive permits upon such plans. Work required from the Architect to conform the documents to federal, state, city, county, or agency specifications and permit requirements to allow them to be approved shall be completed at no charge or cost to the Owner. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following the Owner's approval of the Construction Documents and the Architect'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. 2.5.2 The Architect shall assist the Monroe County Project Management Department in issuing bidding documents to bidders and conducting pre -bid conferences with prospective bidders. The Architect, with the assistance of the Monroe County Project Management Department, shall respond to questions from bidders, and shall issue addenda. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1. The Architect'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 Owner of the final Project Certificate for Payment including the submission of all project close-out documents by the Architect and Contractor. The Architect will administer the Owner's contract as provided for in that document. The Architect agrees to perform a project check prior to the end of the warranty period as a part of the contract. The check shall not exceed one working day unless additional time is approved by the Owner. 2.6.2 The Architect shall at all times have access to the Work whenever it is in preparation or progress. 2.6.3 The Architect shall, as contemplated herein and in the Construction Contract, but not otherwise, act on behalf, and be the agent, of the Owner throughout construction of the Project. Instructions, directions, and other appropriate communications from the Owner to the Contractor shall be given to the Contractor by the Architect or Monroe County Project Management Department. 2.6.4 The Architect shall have authority, after notification to the Monroe County Project Management Department to reject Work, which does not conform to the Contract Documents. 2.6.5 The Architect shall review and sign or take other appropriate action on Change Orders and Construction Change Directives prepared by the Monroe County Project 5 Management Department for the Owner's approval and execution in accordance with the Contract Documents. 2.6.6 The Architect shall promptly provide appropriate interpretations as necessary for the proper execution of the work as long as there is no change in Contract price. 2.6.7 The Architect shall require inspection or re -inspection and testing or retesting of the work, to include architectural/engineering, structural, mechanical and electrical engineering portions of the work, in accordance with the provisions of the Construction Contract whenever appropriate. 2.6.8 The Architect, assisted by the Monroe County Project Management Department, shall conduct inspections to determine the dates of Substantial Completion and the date of Final Completion. 2.6.9 The Architect shall interpret and decide matters concerning performance of the Contractor under the requirements of the Contract Documents upon written request. 2.6.10 Interpretations and decisions of the Architects shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings and submitted on proper Construction Change Directives. 2.6.11 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in question between Owner and Contractors relating to the execution or progress of the Work as provided in the Contract Documents. 2.6.12 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect. 2.6.13 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due and (2) as a Basic Service at the Owner's direction from time to time during the correction period described in the Contract for Construction. 2.6.14 The Architect shall transmit to the Owner all manuals, operating instructions, as - built plans, warranties, guarantees and other documents and things required by the Construction Contract and submitted by the Contractor. 2.6.15 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 6 2.6.16 The Architect shall make available to the Owner any personnel or consultants employed or retained by the Architect for the purpose of reviewing, studying, analyzing or investigating any claims, contentions, allegations, or legal actions relating to, or arising out of, the design or construction of the project. 2.6.17 The Architect shall review any as -built drawings furnished by the Contractor and shall certify to the Owner that same are adequate and complete. 2.6.18 The Architect shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Architect or its consultants, or both. 2.6,19 The Architect must reimburse the Owner for any added costs paid by the Owner during construction that were incurred as the result of any omission, deficiency, or conflict in the work product of the Architect, its consultants, or both. This added expense is defined as the difference in cost from that which the Owner would have paid if the work was included in the bid, and the actual cost presented by the Contractor. ARTICLE III 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. C. Providing representation before public bodies in connection with the Project, upon approval by the Owner. 3.2 If Additional Services are required, such as those listed above, the Owner shall issue a letter requesting and describing the requested services to the Architect. The Architect shall respond with fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the Owner proceed with the Additional Services. 7 ARTICLE IV OWNER'S RESPONSIBILITIES 4.1 The Owner shall designate Monroe County Project Management Department to act on the Owner's behalf with respects to the Project. The Owner or Monroe County Project Management Department shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. However, the 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 and work of the contractors. 4.4 The Owner's review of any documents prepared by the Architect or its consultants shall be solely for the purpose of determining whether such documents are generally consistent with the Owner's criteria, as and if, modified. No review of such documents shall relieve the Architect of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. ARTICLE V CONSTRUCTION COST 5.1 The Construction Cost, if applicable, shall be defined in a contract for the specific Project. ARTICLE VI INDEMNIFICATION AND HOLD HARMLESS 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. 6.2 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 9 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 no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 6.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VII 7.1 PERSONNEL The Architect shall assign only qualified personnel to perform any service concerning the project. ARTICLE VIII 8.1 PAYMENT Terms of payment will be governed by state guidelines and/or hourly rates to be approved by the County. Hourly rates are provided in Exhibit A and are subject to annual affirmation. Details of payment will be set out in the specific separate contract. 8.2 REIMBURSABLE EXPENSES Shall be negotiated and agreed to prior to award of the separate contract, but only to the extent and the amounts authorized by Section 112.061, Florida Statutes; however prior to incurring any expense written approval for any reimbursable expense must be obtained from the County. 8.3 BUDGET 8.3.1 The Architect may not be entitled to receive, and the County is not obligated to pay, any fees or expenses in excess of the amount budgeted for this Agreement in each fiscal year (October 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 or in the separate contracts for individual projects, 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 The County does not guarantee Architect any specific amount of work or contracts under this agreement. The parties shall enter into a separate contract for each project awarded to the Architect by the County. The specific services to be performed under these separate contracts will be determined by the County and agreed to by the Architect. Each separate contract will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions applicable to that specific contract. Architect will be chosen pursuant to County policy and work will be distributed among all contractors who have signed a continuing contract. 8.3.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. 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. ARTICLE X 10.1 OWNERSHIP OF THE PRELIMINARY DESIGN AND THE DESIGN FOR CONSTRUCTION 10.1 The Drawings, Specifications and other documents prepared by the Architect for this project are instruments of the Architect's service for use solely with respect to this 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 or others on other projects except by agreement in writing and with appropriate compensation to the Architect. 10.1.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the project is not to be construed as publication in derogation of the Architect's reserved rights. 10 10.1.3 The As -Built drawings and specifications may be furnished by the Architect to the Owner in electronic format in addition to the original As -Built documents. 10.1.4 The Owner may utilize the construction documents, As -Built documents, etc. as required for reference on any necessary future work on the site, and for constructing, using and maintaining the Project. ARTICLE XI 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. 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 XIII 13.1 INSURANCE 13.1.1 The Architect shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. Professional Liability Insurance shall also be maintained as specified. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Architect's failure to 11 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, $100,000 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 Thousand Dollars ($100,000.00) combined single limit and One Hundred Thousand Dollars ($100,000.00) annual aggregate. D. Commercial general liability covering claims for injuries to members of the public 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. County will not pay for increased limits of insurance for subconsultants. 12 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. ARTICLE XIV TERMINATION 14.1 Either party hereto may terminate this contract prior to expiration upon giving seven (7) days written notice to the other in the event that such other party negligently or for any reason substantially fails to perform its material obligations set forth herein. No termination expenses shall be paid by the Owner after the date of notice of termination. 14.2 The Owner may terminate this Contract without cause by giving the other party sixty (60) days written notice of its intention to do so. Termination expenses shall include expenses available under the contract through the date on the notice of termination and shall not include any additional services required in order to stop performance of services, unless agreed to in writing by the County and subject to audit for the purpose of 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 place on the convicted vendor list following a conviction for public entity crime may not submit a bid on contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the property to public entity, may not be awarded or perform work as a 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 13 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 Board 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 from any court of competent jurisdiction ordering the parties to enter into mediation after institution of legal or equitable proceedings. 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 XVII 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 14 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 parry relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs expenses, as an award against the non -prevailing party, and shall include attorney's fees and courts costs expenses in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Architect and their respective legal representatives, successors, and assigns. i) 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 parry relating to the formation, execution, performance, or breach of this Agreement, County and Architect agree to participate, to the extent required by the 15 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 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, 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 16 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 he provisions of Sec. 286.28, Florida Statutes, the participation of the Architect 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. 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 17 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. 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. 18 j I Section Headings. Section headings have been inserted in this Agreement ....,er of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) Attest: DANNY L. KOLHAGE, Clerk Deputy Clerk :�,.>-----ids-�••Q---� #- .._. -... . WITNESS TO Architect's By: WITNESS Si ature Print Witness Name Date: %%y ! 7-C, T BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/ airman Date: DEC 1 6 2009 wlcvoom 041k&jWhw��pfi (INSERT NAA of Architect) By: Sit; of Corporate Agent Print Name ofPorpprate Agent Date: OX09 . o r=- .� c s:m t_ rn N r* . -rt ��320 � M 70 ,til,..,�a�stioo �. o G �o., :. -� y ry o v �oa9� END OF AGREEMENT Z SECTION FIVE INSURANCE REQUIREMENTS AND INDEMNIFICATION STATEMENT Insurance Requirement Worker's Compensation Employer's Liability General Liability Vehicle Liability Architects Errors and Omissions Liability Required Limits Statutory Limits $100,000/$500,000/$100,000 $100,000 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 SUBCONSULTANTS The Architect/Consultant covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Architect or Consultant or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Architect/Consultant, including its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the completion of 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. 20 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 t. contract and will comply in full with all the requirements. / t A -I �Lrd M A 4#041w Respondent 21 INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the Architect named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Cie nma/ 11'4. t VV/l cr 0 lc /fro l �` 0 Liability policies are ✓ Occurrence Claims Made Insurance Agency Signatu The Fullers ins. Print N, 1432 Kennedy Dr. Key West, FL 33040 22 Monroe County gj zy ;12 TIME:- WILLIAM P. HORN ARCHITECT, P.,*? CEYED BY:•. . AA 0003040 915 EATON STREET, KEY WEST. FLORIDA 33040 Date: 11/20/09 To: Jerry Barnett Facilities Doyclopment Coordinator Monroe County Re: Hourly Rates Annual Contract Dear Mr. Barnett, Our standard hourly rates are as follows: Principal Architect $195,00/hr Architect $130.00/hr Intern Architect $100.00/hr Draftsperson $85.00/hr Structural Engineer $150.00/hr MEP Engineer $125.00/hr Principal Civil Engineer $150.00/hr Senior Civil Engineer $120.00/hr Civil Engineer $.100.00/hr PHONE:305-296-8302 FAX:305-296-1033 Please call if you have any questions. We are looking forward to working with you. , Sincerely P. HORN ARCHITECT, P.A. William P. Horn, Principal 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) OINe 4 rw a I have included: o The Response Form V o Lobbying and Conflict of InteXest Clause . o Non -Collusion Affidavit ,/ o Drug Free Workplace Form d o Respondent's Insurance and Inder�r reification Statement o Insurance Agent's Statement o Professional and Occupational Licenses I have included a current copy of the following professional and occupational licenses: L 1W J4-t%4IleV' hiGLa W, 0, 0) , f o1,tvth 0GL . G/l„ A04F.S (Check mark items above, as a reminder that they are included.) Mailing Address: Telephone: Zf ' Date: Signed: 0)/5 Glory .6! - Fax: 1 6"% 3.3 NjbG lom (Name) !Lll� r0 d h, (Title) itness- (Seal) NO -My PUBLIC -STATE OF FLORV, '-commission W. Gangwisch =on #DD603253 3o10 Expires: OCr. 08, C BONDING CO., INC. BONDEDTHRU ATU�NTI 23 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 3 of Ordinance No. 010-1990. For breach or violation of this provision the County ay, in its discretion, terminate this Agreement without liability and may also, in its di cretion, deduct from the Agreement or purchase price, or otherwise recover, the 11 amount of any fee, commission, percentage, gift, or consideration paid to tl} former County officer or employee". / (Signa Date: STATE. OF: �L COUNTY OF: Subscribed and sworn to (or affirmed) before me on 9©m% (date) by 60,V ,w P4-oY-n (name of affiant). personally known to me or has produced as identification. (type of identification) He/She is VAJON p My commissi o S�- K�Y41Da�Adssi�D#D o8 241'. �o*� JA -CS �jYeS_,•r,CgOtiDIN 24 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: wit4pm (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 a statement, I certify that this firm complies fully with the above requirements. Respondent's Signature 25 NON -COLLUSION AFFIDAVIT I, &✓!auh n P. hW'J of the city of g& (,�'`zf 'T�L according to law on my oath, and under penalty of penury, depose and say that: I am %✓n4l'y of the firm of .G✓JI the bidder making the Proposal for the project described in the Request for Qualifications for: G a'lNUiNG, 4!!' �d/L dFE'6'� SQ/t�YILE'S and that I executed the said proposal with full authority to do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to.any competitor; and 4. no attempt has been made or will be made by the bidder to induce any other person, partnership or corpor tion to submit, or not to submit, a bid for the purpose of restricting comp tion; 5. the statements contained bithis affidavit are true and correct, and made with full knowledge that Mo*oe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. 1 or (Signature of Respondent) (bate) STATE OF: f/O/_Ioe4" COUNTY OF:�� �- PERSONALLY APPEARED BEFORE ME, the undersigned authority, G�%an, /. 4►'r1 who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this nz"day of � � ��✓ NOTARY PUtLIq0-MRy P C-5JA` r, �' ` SCh My Commission E re •r, vid W.GanW15 Commission C 603253 8, 2010 iTES: ATLAN`f IC BONDING CO-, 'NC. 26 IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS The Architect/Consultant covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Architect or Consultant or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Architect/Consultant, including its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the completion of 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 ($10.00) of remuneration paid to the Architect/Consultant is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Respondent Signature 27 • .AC#, .:5: 37_ :.. STATE OF FLORIDA. D�PARi ►SENT QF H�;SINES� { D 1'RQ�ESE'�OI+��, • G�L�, 'I03�: *C`I'l`�'R:E Lloo 07 DATE BATCH NUMBER �e - 1�I10- The AtCF'EC'ORPRO RAI3N r Nines be�.ow I5. CE�t3`IFIED Under tie pov�sons vf: `Chapts�8r=�A Expiration date:. FEB 28 20I3 :" Y.. Y �d =S 4aTH / zs rc ai1d W,TLL. AM LS01 = At TEC't GAT- - R . - TEST` FL . �14a� a -}<t. J. CHARL,TE Ci2iS3' t EARL! �,IEM Cs:OV EP.10 - SECRETZ�RY DiSPLA-AS .RE-OU[REf3;$Y LAW. . AC# - _ STq�T of FLt? 10A DARPT.SINES Afl P'�SE,tONALET?LATION RII !C7F ARCH3`EEC'L[IREE:RI4R= DRSIONEA Th$ A3CI'8T . 3 Named bslowS LtIENSEs Vder :the prvis%os�s cif Chap•t�� Expiration date: FEB 28, 2013 3 `5 .EATON .rrL tEET 0 KEY' WEST.. = FL r3040 ` Fri . C"jklL7E CRI T = CHARLIE .LIE..M: OVF�2N 3i blSPLAYAv t EQUIR�Q BY LAW SECRHT kRY r CITY jF KEY WEST, )FLORIDA Business Tax Receipt This Document is a business tax receipt Holder must meet all City zoning and use provisions. P.O. Box 1409, Key West, Florida 33040 (305) 809-3955 Business Name HORN, WILLIAM Ct1Nbr:0003377 Location Addr 915 EATON ST Lic NBR/Class 11-00006982 SERVICE - PROFESSIONAL Issue Date: September 24, 2010 Expiration Date:September 30, 2011 License Fee $309.75 Add. Charges $0.00 Penalty $0.00 Total $309.75 S Tyre: ,`- r: UGLY': i.�htu 1' _ n i`• Comments ARCHITECT i�cl6. ,;'c;� IO =•i RE-'E,�V s document must be HORN, WILLIAM 915 EATON ST KEY WEST FL 33040 OR )minentl) ,r Trans date: 3/L7/=24 a� Li: t7-`!1^:'iT�D I 1309.75 Q,303.75 531139. 5 s t V 2010 / 2011 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2011 Business Name: WILLIAM P HORN ARCHITECT Owner Name: WILLIAM P HORN Mailing Address: 915 EATON ST KEY WEST, FL 33040 RECEIPT# 46110-61429 Business Location: 915 EATON ST KEY WEST, FL 33040 Business Phone: 305-296-8302 Business Type: PROFESSIONALS (PROFESSIONAL ARCHITE Rooms Seats Employees Machines Stalls AR 0013537 For Vending Business Only Number of Machines: Vending Tvoe: Tax Amount Transfer Fee Su_b7Z4W._. Penalty _ Prior Years.__ Collection Cost Total Paid 30.00 0.00 30.00 0.00 0.00 1 30.00 Paid 123-09-0000898-7 09/17/2010 30.00 THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PU Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING AND ZONING REQUIREMENTS.