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Item C29BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 16, 2012 Division: Public Works/Engineering Bulk Item: Yes X No — Department: Project Management Staff Contact Person/Phone #: Jerry Barnett X4416 AGENDA ITEM WORDING: Approval of a Second Amendment to Contract with William P. Horn Architect, P.A. for the Planning, design, contract documents, and project administration for the Conch Key Fire Station Renovation and Addition. ITEM BACKGROUND: William Hom's original contract for the Conch Key Fire Station is dated March 19, 2003 and exhibits hourly rates for additional services. The Conch Key Fire Station Renovation and Addition hasn't commenced until this year, 9 years later. William Horn's hourly rates have increased since 2003, and should be reflected on his contract. Additional services were recently requested to Mr. Horn because of Fire/Rescue equipment matters, and other re -designing issues. PREVIOUS RELEVANT BOCC ACTION: On March 19*, 2003, the BOCC approved a Contract with William P. Horn Architect, P.A. for the Planning Design, Contract Documents, Project Administration, and Coordination of the Conch Key Fire Station Renovation and Addition project. On April 16, 2008 the BOCC approved a First Amendment to Contract with William P. Horn Architect, P.A. increasing his fee based on the escalating costs of construction and additional design elements (flood proofing at the new addition). CONTRACT/AGREEMENT CHANGES: Increasing hourly rates for additional services. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty , OMB /Purchasmg Risk Managemei4� DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: William P. Horn Architec Contract # Effective Date: 05/16/12 Expiration Date: Contract Purpose/Description: Approval of a Second Amendment to Contract for the Conch Key Fire Station increasing his hourly rates for additional services Contract Manager: Ann Riger X4549 Project M t/Sto #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 05/16/12 Agenda Deadline: 05/01/12 CONTRACT COSTS Total Dollar Value of Contract: $ $136,800. Current Year Portion: $ 27,360.00 Budgeted? Yes® No ❑ Account Codes: 308-26006-560620-CP0803-530310 Grant: $ N/A - - - - County Match: $ N/A ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included m dollar value above) (eg. i CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director �- -Y2 Yes❑ No❑ A, - 6-Y-12- Risk Management '��-Yes❑ Nog/_ O.M.B./Purchasing J -(V Yes❑ No© v -I-r2- County Attorney Yes❑ No[� 3d ---,,oI Comments: OMB Form Revised 2/27/01 MCP #2 SECOND AMENDMENT TO CONTRACT BETWEEN OWNER AND CONTRACTOR THIS SECOND AMENDMENT (herein after "AMENDMENT") to the CONTRACT BETWEEN OWNER AND ARCHITECT/ENGINEER ("CONTRACT") for the Conch Key Fire Station, entered into between MONROE COUNTY ("COUNTY") and William P. Horn, Architect, P.A. C ARCHITECT/ENGINEER") is made and entered into this 16'h day of May 2012, in order to amend the CONTRACT, as follows: WITNESSETH WHEREAS, on the 19'' day of March, 2003, the parties entered into a contract for the planning, design, contract documents, project administration, and coordination of the Conch Key Fire Station Renovation and Addition project; and WHEREAS, on the le day of April 2008, the parties agreed to the First Amendment to the Contract increasing the Architect/Engineer fee to $136,800.00 based on the escalating costs of construction and additional design elements (flood proofing at new addition); and WHEREAS, Fire/Rescue personnel presented equipment variations since the original design of the Fire Station that requires additional design services; and WHEREAS, in accordance to Article 3.5.2 of the original contract dated March 19, 2003 revisions in Drawings, Specifications, or other documents when such revisions are because of significant changes in the Project including, but not limited to, size, quality, or complexity, etc. are considered Contingent Additional Services: and WHEREAS, Contingent Additional Services are paid in accordance to hourly wages as reported on Exhibit B of the original contract dated March 19, 2003; and WHEREAS, the Architect/Engineer has increased all hourly rates to reflect rising costs and inflation; now therefore IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. Exhibit B of the original contract dated March 19, 2003, stated the then appropriate hourly billing, it is now nine years later and the rates shall be amended to reflect the current hourly rates as listed below: Principal Architect Architect Intern Architect Draftsperson Structural Engineer MEP Engineer Principal Civil Engineer Senior Civil Engineer Civil Engineer $195.00 per hour $130.00 per hour $100.00 per hour $85.00 per hour $150.00 per hour $125.00 per hour $150.00 per hour $120.00 per hour $100.00 per hour The following additional services provided by the Architect are: • Add 24" to the first floor height of the building to provide room for taller vehicles in the garage bays. The floor plans, elevations, sections and framing 1 Conch Key Fire Station plans needed revision. The revision of height caused the elimination of one sleeping room, and a landing to the internal stair was added. • Redesign the relocation of the generator/fuel tank to the US Highway side of the building. The elimination of one parking space is needed for this move. The remaining terms of the CONTRACT dated March l9`h, 2003 and as Amended on April I e 2008, shall remain in full force and effect. SIGNATURE PAGE TO FOLLOW 2 Conch Key Fire Station IN WITNESS WHEREOF, each party caused this Amendment to be executed by its duly authorized representative on the day and year first above written. Attest: DANNY L. KOLHAGE, CLERK Deputy Clerk WITNESS to chi ct's ature By. —a �a &t6 rG2 _L�L� Print Witness Name LL Date: '^-Z&^I/Z— BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA William P. Horn/Architect. P.A. 0 Date: Horn, President STATE OF FLORID COUNTY OF 0/ 1k0 1 On this ay of 6 , 49before me, the undersigned notary public, Personally appeared C7 known to me to be the Person whose name is subscribed above or who produced lL as identification, and acknowledged that he/she is the person who executed the abo a contract with Monroe County for the renovation of the Conch Key Fire Station for the pure es erein contained. My commission expires: Notary Public i✓/� / ' . �7� Seal I" Ejy ,W121,1�' Print Namecwmmw •t IAy 0 Do 787M ,�.R+ 8andedTlwagh�Y� MONROE COUNTY ATTORNEY PROVED AS TO FO M: NATILEENE W. CASSEL ASSISTANT COUNTY ATTORNEY Date y-U-r�►�� Conch Key Fire Station Client#: 56. 411-3 AC DATE (MMIDD/YYYY) ORD. CERTIFICATE OF LIABILITY INSURANCE 10106/2011 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 SEIWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the pollcy(le;) must be endorsed. If SUBROGATION IS WAIVED, suliject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such andorsement(s). PRODUCER !CONTACT NAME: 11' . .. . . . ... . ........... . .... .......... . ........ ........... . .... ISU Suncoast Insurance Assoc P140ME 13289-5200 813 289-4561 MIC.: No- Exil-, P.O. Box 22668 E-MAIL ADDRESS: Tampa, FL 33622-2668 PR GDUC $13 289-5200 CUSTOMER 10 ...... . ..... ......... ...... ........ ... .. . . ........ .......... ............ ... ............. - .............................................. . .. .. ............. ......... - .............................. . .................... ............ .......... . ............ .. . ...... . ............ . ................ . ...... . ........... ........ . ................. NAIL 37885 INSURED INSURER A: XL Specialty Insurance Company .......... .............. ........................... . . ........................ . ... ....................... . .......... . .................................. .... t .............................. ................ - William P. Hom, Architect, P.A. 1NS ......................... ................ . ..... ............... 915 Eaton Street .. ... ... ... INSURER C KeyWest, FL 33040 .... . .... . ... . ........ . . . . . . . . ... . . ............... ............... . ......... . .......... . . . .. . .... . ........................... L49 COVERAGES CERTIFICATE NUMBER- RFVI'RION NIIMRFR- THIS IS TO CERTIFY THATTHE POLICIES OF INSUIRA NCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. AVOL INIR TYPE OF INSURANCE INSR UOR iPOLICY EFF Y EXP [I qUMSER 4wDDNYYY) !I'MMIECDA'YM LIMITS GENERAL LIABILITY EACH OCCURRENCE .. ... ..................... . .. COMMERCIAL GENERAL LIABILITY PREMISES (Ea v_vwrencO CLAIMS-44ADE OCCUR MED EXP (Any one Men) Is PERSONAL ADV INJURY GENERAL AGGREGATE ' GEN`L AGGREGATE APPLIES PER, PRODUCTS - COMPIOP AG j__7 POLICY "R', LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANYAUTO.... (Ea accident) $ . .... . ... ............. . . ..................... . .................. .... . ...... . . . .. .............. . .. . ........... . . . ............ BODILY INJURY (Per pernon.) Is ........... . . .......... . ..... . ........... . ..... ............... BODILY INJURY (Per accident) $ SCHfTDUYED AUTOS ............. . . . . .......... . ............ HIRED AUTOS Tor afxwont) NON-OWNPO AUTO$ -7 95 ..... ...... UMBRELLA UAB OCCUR .......... - EXCESS I" CLAIMS -MADE DEDUCTIBLE . . . .............. . is RFTENTiON S WORKERS COMPENSATION WC STATU-jOT" Y LI�Aff AND EMPLOYERS'LIABILITY , .......... LER., . . . . ............... . ...... ANY PROPRIETMPART14ERIEXECUTIVEYIN 'FICERMMBE ER EXCLUDED? ❑NfA E.L EACH ACCIDENI (Mandatory in NHI I E.L. DIaEASE, EA DVEE: $ Ifyes describe under ......... . ............ ... ...... .... . .......... ................ ..... DESCRIPTION 69 OPERATIONS bebw F L. DISEASE - POLICY LIMIT 1$ A Professional DPS9697079 18/201201110812012012 $130 00,000 per claim Llabili 1 $1,000,000 an iaz_ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attacth ACORD 101, Addirlonal Remarks Schedule, if more space Is required) Professional Liability coverage is written on a claims -made and reported basis, Project- Conch Key, Big Pine & North Key Largo Fire Stations Annual Contract for Architectural Services Monroe County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Risk Management 1100 Simonton AUTHORIZED REPRESENTATIVE Key West, FL 33040 V_9i,aW eX 06—W. A06— OP ID: NF ACURL7" � s BATE (MMroorYYYY) CERTIFICATE O� ' INSWANCE E(MMID r THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the policy(!") must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemen s . PRODUCER 305-2944677 The Fullers, Inc 305-292-4641 1432 Kennedy Drive Key West, FL 33040 Norman Fuller CO FACT PHONE FAX No ; E O '°D°I�R T ER ID s: HORNWII INSURER S AFFORDING COVERAGE NAIC I INSURED William Horn 151 Key Haven Rd. Key West, FL 33040 INSURER A: PrOgreSSIVO INSURERB., INSURER C INSURER D: INSURER E INSURER F : rnVFRAt;FS t :FRTIGII:ATF 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. IL SR TYPE OF INSURANCE ADDL SUM im POLICY NUMBER 1Y EFF t EXP LIMITS GENERALL1AERM COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F-IOCCUR EACH OCCURRENCEDAMAGE $ TO-RMVRtF- PREMISES Ea oc urrence $ MED EXP (Any one pa -an) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 210. LOC PRODUCTS - COMPIOP AGG $ $ A AUTOMOBILE LL40UTY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X 2158316-8 06f29111 ON29112 COMBINED SINGLE LIMIT (Es aoddent) $ 1,000,00 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X ROPE dent) AGE (Per accident) $ X X $ $ UMBRELLA LIAB EXCESS LIAR CLAIMS -MADE - - y r - EACH OCCURRENCE $� HOCCUR AGGREGATE $ DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBEREXCLUDED? (Mandatory in NH) Kra , deecr be under DCRIPTION OF OPERATIONS below NIA WC STATU- OTH- 'IMF E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE -POLICY LIMIT $ T- DESCFUPTION OF OPERATIONS t LOCATIONS I VEHICLES (Attach ACORD 161, AddWonal Remedufa, I adm Sehmore space to required) 2007 Chevrolet Tahoe C160 SW 1GNFC13027R293917 MONRCON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EMRATION DATE 7MRMonroe County Board of County ACCORDANCE WITH THE POLICY E OVIS ONS.E WILL BE DELIVERED IN Commissioners 1100 Simonton Street Rm 268 AUTHORIZED REPRESE Key West, FL 33040 Norman Fuller 01988=20 AC D CORPORATION. All rights reserved. ACORD 25 2009109 The ACORD name and logo are registered marks o ACOR { ) og OP ID: ,a�oizc�s CERt.- .,ATE OF LIABILITY INi;Lv...'RANCE E DAT09/17D/1 YYY 1 9/17 /11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGH' UPON THE CERTIFICATE HOLDER. THI 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(S), AUTHORIZE 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 t the terms and conditions of the policy, certain olicie ment. A statement on this certificate does not confer rights to th certificate holder in lieu of such endors s . PRODUCER 305- - The Fullers, Inc 305-292-4641 1432 Kennedy Drive Key West, FL 33040 sEF 2 za» Norman Fuller NAME T PHON FAX A/C Ext : A/C No): E-MAI ADDR S: PROD ER HORNW-1 CUSTO ERID#: INSURERS AFFORDING COVERAGE NAIC # INSURED William P Horn Architect Bill Horn MONROECO 915 Eaton St. RISK MANAGEMENT Key West, FL 33040 - INSUR A: first CommunityInsuranceCo. 990 B : Florida Retail Federation INSURER C : JWWR D : IN URER E INSURER F : COVERAGES CERTIFICATE NUMBER: `�`/ REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM: EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUB POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7 OCCUR X Business Owners X 090004962995807 09/21/11 09/21/12 EACH OCCURRENCE $ 1,000, PREMDAMAGE T RENTED PREMISES Ea occurrence $ 50, MED EXP (Any one person) $ 5, PERSONAL & ADV INJURY $ 1,000, GENERAL AGGREGATE $ 2,000, GENT AGGREGATE LIMIT APPLIES PER: X POLICY PRO LOC PRODUCTS - COMP/OP AGG $ 1,000, $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS e ` ` -•'%� '�l ` •' -_. COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE r EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 520-40146 01/01/11 01/01/12 WC STALIMTU- X OTH- Y IER E.L. EACH ACCIDENT $ 1,000, E.L. DISEASE - EA EMPLOYEE $ 1,000, E.L. DISEASE - POLICY LIMIT 1 $ 1,000, DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) architect MONRCON Monroe County Board of County Commissioners 1100 Simonton Street Rm 268 Key West, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 11 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESE#rATIVE Norman Fulle A A/ ©19 8-?M ACORD 25 (2009/09) The ACORD name and logo are registered mai ks of ACORD CORPORATION. All rights reserved. FIRST AMENDMENT TO CONTRACT BETWEEN OWNER AND CONTRACTOR THIS FIRST AMENDMENT (herein after "AMENDMENT") to the CONTRACT BETWEEN OWNER AND ARCHTTECT/ENGINEER ("CONTRACT") for the Conch Key Fire Station, entered into between MONROE COUNTY ("COUNTY') and William P. Horn, Architect, P.A. ("ARCHITECT/ENGINEER") is made and entered into this 161' day of April 2008, in order to amend the CONTRACT, as follows: WTTNESSETH WHEREAS, on the 19t' day of March, 2003, the parties entered into a contract for the planning, design, contract documents, project administration, and coordination of the Conch Key Fire Station Renovation and Addition project; and WHEREAS, because of escalating costs of construction and additional design elements (flood proofing at new addition), the estimated cost of construction increased from $850,000.00 in 2003 to $1,800,000.00 in 2008; now therefore IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: N 1. Paragraph 8.1.1 of the original contract dated March 19, 2003 shall be reviser topflecO an estimated construction cost of $1,800,000.00 and a fee percentage of 7.6% to cale lat the •. architectural/engineering fee of $136,800.00. 2. The remaining terms of the CONTRACT, not inconsistent herewith, shall r"qm--am in Ell force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the Atte stated� above. Attest: DANNY L. KO GE, CLERK BOARD OF CO COMMISSIONERS OF MONROE C , FLORIDA By: D uty Clerk Mayor/C William P. Horn chitect, P.A. By: illiam Horn, President ali L STATE OF FLORIDA COUNTY OF fYt c-,J,C On this. day of M.4 L c A 2008, before me, the undersigned notary public, Personally appeared l✓j1,j,.-, rt�'[.�. known to me to be the Person whose name is subscribed above or who i0 d , produced as iZenh c'�ation, and acknowledged that he/she is the person who executed t above contract with Monroe County for the renovation of the Conch Key Fire Station for the z) �' .., y'! purpos th ern contai . n 0 > pumo� �- My commission expires: N blic 1 1" Qly All-IIIl ` Seal ANN M. RIGER i MY COMMISSION # DO 302215 i Print Name fi: EXPIRES: July 21, 2008 OMded 7Fru Notary Public underwriters CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECUENGINEER 1998 EDITION These contract documents should be used only after consultation with counsel. The documents are not intended as legal advice appropriate to any specific situation, nor do they purport to address all issues which may arise between the contracting parties. The documents should be amended or supplemented where appropriate. THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT/ENGINEER (the "Contract") is made and entered into by MONROE COUNTY, BOARD OF COUNTY COMMISSIONERS (the "Owner") and William P. Hom, Architect, P.A. This contract is executed under seal and shall be effective on the date executed by the last party to execute it. The professional services required by this Contract are to be rendered for Conch Key Fire Station, identified as the Project, described as follows: 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. 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/Engineer agree: FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Contract, the Architect/Engineer makes the following express representations and warranties to the Owner. 1.1.1 The Architect/Engineer is a professional qualified to act as the Architect/Engineer 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/Engineer shall maintain all necessary licenses, permits or other authorizations necessary to act as Architect/Engineer for the Project until the Architect/Engineees duties thereunder have been fully satisfied; 1.1.3 The Architect/Engineer has become familiar with the Project site and the local conditions under which the Project is to be designed, constructed, and operated; 1.1.4 The Architect/Engineer 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/Engineer 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/Engineer assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ as Architect/Engineer of Record. 1.1.6 The Architect/Engineer's services shall be performed as expeditiously as in consistent with professional skill and care and the orderly progress of the Work. The Architect/Engineer shall submit, for the Owner's and Construction Manager's information, a schedule for the performance of the Architect/Engineees 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 Owners and Construction Management'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/Engineer except for delay caused by events not within the control of the Architect/Engineer or foreseeable by him. In the event the Architect/Engineer does not conform to the schedule, then the Architect/Engineer may be assessed a charge up to one percent (1 %) of the fee per week until the work product is produced in an acceptable manner. The penalty shall apply only to the completion of documents required for bidding, said date being met with the delivery of one final set to the Owner. The Owner shall assess the charge only after it is determined that the work is solely the fault of the Architect/Engineer and his subconsultants and is not the fault of the owner or other parties not under the control of the Architect/Engineer. ARTICLE If SCOPE OF ARCHITECT/ENGINEER'S BASIC SERVICE 2.1 DEFINITION 2.1.1 Architect/Engineees Basic Services consist of those described in Paragraphs 2.2 through 2.5, 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/Engineer shall be responsible for designing the Project in accordance with the analyses and recommendations of the geotechnical information furnished per Article 4.5. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect/Engineer shall review the program, schedule and construction budget fumished 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/Engineer shall review with the Owner and Construction Manager: 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/Engineer shall review with the Owner and Construction Manager altemative 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/Engineer 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 At levels of completion of 25%; 50% and 75% of the Schematic Design Phase, the Architect/Engineer shall provide schematic design studies for the Owner's review and the Construction Manager's information. 2.2.6 Upon completion of the Schematic Design Phase, the Architect/Engineer 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 Construction Manager's information. 2.2.7 The Schematic Design must be approved in writing, by the Owner prior to Architect/Engineer continuing to the Design Development Phase. 2.3 SCHEMATIC DESIGN PHASE REQUIREMENTS 2.3.1 The Schematic Design Phase services shall respond to program requirements and consist of preparation of: conceptual site and building plans, preliminary sections and elevations, development of approximate dimensions, areas and volumes, concept sketches as required to explain the design intent to the owner. Perspective renderings and models, if required by the Owner, will be billed as an additional service as billed as a reimbursable expense if that service is performed by additional consultants after the Owner's written approval. The Architect/Engineer shall perform the following design phase tasks: a. Structural Design/Documentation services during the Schematic Design Phase consisting of recommendations regarding basic structural materials and systems, analyses, and development of conceptual design solutions for a predetermined structural system and alternate structural systems. b. Mechanical Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate materials, systems and equipment, and development of conceptual design solutions for energy source (s), energy conservation, heating and ventilating, air conditioning, plumbing, fire protection, special mechanical systems, process systems, and general space requirements. C. Electrical Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate systems, recommendations regarding basic electrical materials, systems and 4 equipment, analyses, and development of conceptual design solutions for power service and distribution, lighting, telephones, fire detection and alarms, security systems, electronic communications, special electrical systems, and general space requirements. d. Civil Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate materials and systems and development of conceptual design solutions for. on - site utility systems, off -site utilities work, fire protection systems, drainage systems, and paving. 2.4 DESIGN DEVELOPMENT/DOCUMENT PHASE 2.4.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect/Engineer shall prepare Design Development Documents for the Construction Managers review and the Owner's approval. The Design Development Documents shall consist of drawings and other documents that establish and describe the size and character of the Project as to architecturaVengineering, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.4.2 At intervals mutually agreeable to the Owner, Construction Manager and Architect/Engineer, the Architect/Engineer shall provide drawings and other documents which depict the current status of design development for the Owners review and the Construction Manager's information. The Architect/Engineer shall provide an estimate of anticipated cost in accordance with the design development phase. 2.4.3 Upon completion of the Design Development Phase, the Architect/Engineer shall provide drawings, outline specifications and other documents for the Owners approval and the Construction Manager's information. The Architect/Engineer shall provide an estimate of anticipated costs in accordance with the design development phase. 2.4.4 The Design Development Documents must be approved in writing, by the Owner prior to Architect/Engineer continuing to the Construction Documents Phase. 2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS To satisfactorily perform the design development phase requirement, the Architect/Engineer must complete the tasks set forth in paragraphs 2.5.1 - 2.5.13. s 2.5.1 Floor Plans - This consists of general plans, overall coordinating plans, and plan enlargements for important and special areas. Data required: a. Building perimeter (footprint) and exterior wall type, thickness and composition fixed b. Structural grid or system C. Major mechanical/electrical systems determined and their requirements reflected and indicated on plans d. Indicate buildings core - elevators, stairs, etc. e. All internal partitions of appropriate thickness indicated f. Floor, slab, and level elevations g. Typical door types h. Typical partition types I. Built-in furniture items - special furniture and equipment (early clarification of what is "NIC" and "by owner") j. Larger scale (e.g., Y4"). Key areas, lobby, entries, public plaza, major corridors,special spaces, etc. Required: All surfaces (floor, wall, and ceiling treatments), furniture indication, and layout. k. Evacuation routes identified (to include locating necessary posting of evacuation route plans). 2.5.2 General Elevations a. Total full -height facades including roof structures b. All fenestration C. Overall vertical building and floor heights d. Indicate cross-reference points with sections e. Indicate setbacks, building profiles, expansion joints, etc. f. Indicate treatment of visible mechanical equipment g. System impact (precast concrete, stone, panel systems, metal/glass curtain wall, etc.) properly selected by adequate technical Investigation. 2.5.3 Sections Overall Sections - Overall building longitudinal and transverse "building explanation" type. Detail Wall Sections - Largest scale (e.g., 4"). Dominate full -height sections conveying basic building configuration, to indicate: a. Foundation and perimeter treatment b. Typical wall construction C. Back-up structure, abutting floor systems d. Window location and insulation methods 6 e. Flashing, masonry coursings f. Mechanical penetrations impact (furring, etc.) g. Parapet design 2.5.4 Details - Large scale (1-1/2", 3") as required. Indicate key conditions. a. Window types: divisions, pattern, mullion profiles, vent detail, glazing type, jamb/head, plan section b. Hollow metal (typical only; keyed to plans and schedules) C. Frame types (typical only; for compatibility and profile) d. Stair types - egress, public, exterior (including railing design) Metal and glass walls, borrowed lights, etc.; for division, profile, and glazing f. Interior partition types (typical only; keyed to plans and schedules) g. Bunt -in furniture items, receptions, desks, work tops, counters, cabinet types, display cases, recesses, wardrobes, millwork, etc. 2.5.5 Interior Elevations - Typical and special spaces, interfaced with, and cross-referenced to, floor and reflected ceiling plans. Indicate: a. Breaks b. Level changes C. Pertinent vertical dimensions. 2.5.6 Reflected Ceiling Plans - Typical and special space. Integrated plans reflecting structural, mechanical, and electrical impacts. Plans to indicate: a. Lighting layouts b. Soffits, coves, furrings C. Skylight locations d. Ceiling materials e. Acoustic treatments f. Heating and ventilating register, diffuser locations g. Sprinklers h. Access panels 2.5.7 Schedules - Schedules to be nonrepetitive and comprehensive, with specific keying to floor plans and elevations. a. Interior finishes b. Doors and frames C. Preliminary hardware d. Windows/glazing 2.5.8 Specifications - Comprehensive, abbreviated methods, materials and systems descriptions in tune with drawings. Use CSI format with applicable section numbers. Include all consultant portions as well as those special supplementary conditions specific to the project. 2.5.9 Preliminary Estimate of Construction Cost - Adjustment of the preliminary estimate of construction cost prepared at the end of schematic design. 2.5.10 Structural Design Development Set a. Floor plans at the same scale as the architectural/engineering drawings b. Typical floor framing plans, including sizing of beam drops, slab openings, thicknesses, and depressions C. Framing indication and governing sizing at: roof structures, penthouse, bulkheads, other d. Nontypical framing scheme where required: lobby, floors at grade, and other e. All column points established f. Final column schedule g. Preliminary details and sections to adequately indicate structural system h. Preliminary details of major unique conditions that impact on scheme (as determined by the Architect/Engineer) i. Details indicating accommodation with mechanicaltelectrical at areas of major interface j. Design development specifications k. Any necessary recommended adjustments to the preliminary estimate of construction cost. 2.5.11 Mechanical/Electrical Design Development Set .a. Typical floor plans. Systems representation in diagrammatic (nondetailed) style, major items of equipment indicated, their space requirements and interface requirements with other systems. indicate: major shafts (sizes), chases, mechanical rooms and electric closets, and convector/fan coil locations, etc. b. Required punctures: wall, slab, and beam C. Terminal plans (lobby, cellar, roof) with items of heavy equipment shown in diagrammatic style, with their space requirements indicated: (1) Boiler/heater spaces (include clear height requirements), (2) Transformer vaults (approved obtained from local utility company), (3) Switchgear, emergency generator, water storage tanks, fire pumps; etc., (4) Roof cooling towers, major air- conditioning and air -handling equipment, packaged units, etc. d. Locations of major roof -air handling equipment: cooling towers, exhaust fans, etc. 8 e. Preliminary details of major and unique conditions that impact on scheme (as determined by the Architect/Engineer) f. Data to be developed in conjunction and in coordination with the project team: 1. intergrated diagrammatic lighting plans indicating all overhead mechanical and electrical equipment for typical floor and special spaces 2. Cuts and explanatory information for interior visual items such as: louvers, registers, heating/cooling units, and cabinets. 3. Exterior louver requirements and proposed locations. 2.5.12 Site Design Development Set a. Building location plan —building tied down dimensionally with pertinent adjacencies, street lines and grades, property lines, required setbacks, easements, rights of way, manholes, sewers, hydrants, light standards, etc., interfaced with survey. b. Main entry level datum elevation with key exterior grades at building perimeter. C. Site development grading and landscaping plans d. Overall preliminary site grading and defined design of external elements, properly coordinated and interfaced with mechanical/electrical for utility entry points e. Indicate areaways, vaults, access to subgrade spaces f. Preliminary site and exterior building lighting scheme with identification of fixture types g. Parking area defined with preliminary plotting h. Indication of paths, stairs, ramps, berms, terraces, etc. I. Plant materials (indication and preliminary schedule) j. Design development details: railings, stairs, ramps, paving types and patterns, kiosks, benches, light standards, others k. Design development specifications I. Any necessary adjustments to the preliminary estate of construction cost. 2.5.13 Other Consultants' Design Development Sets As appropriate to the Project. 2.5.14 Limitations - The above list of drawings represents, in general, the requirements of the Project. 2.6 CONSTRUCTION DOCUMENTS PHASE 3 2.6.1 Based on the approved Design Development Documents and any further adjustments authorized by the Owner in the scope or quality of the Project of in the construction budget, the Architect/Engineer shall prepare, for approval by the Owner and Construction Manager, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. 2.6.2 The Architect/Engineer shall provide Drawings and Specifications for the Owner's and the Construction Manager's review. 2.6.3 Upon completion of the Construction Documents Phase, the Architect/Engineer shall provide Construction Documents for the Owner's and Construction Manager's approval. Once approved, the Architect/Engineer shall provide the Owner two (2) complete signed and sealed sets of construction drawings and the technical specifications saved electronically in Microsoft OfficeMord format. The Architect/Engineer shall provide an estimate of anticipated costs in accordance with the construction development phase. 2.6.4 The Architect/Engineer shall assist the Owner and Construction Manager 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. 2.6.5 The Architect/Engineees 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 denied, then the Architect/Engineer will conform the construction documents in such manner to receive permits upon such plans. Work required by the Architect/Engineer to conform the documents to federal, state, city, county, or agency specifications to allow them to be approved shall be completed at no charge or cost to the Owner. 2.7 BIDDING OR NEGOTIATION PHASE 2.7.1 The Architect/Engineer, following the Owner's approval of the Construction Documents and the Architect/Engineer's latest estimate of construction Cost, shall assist the Construction Manager is obtaining bids or negotiated proposals and assist in preparing contracts for construction. 2.7.2 The Architect/Engineer shall assist the Construction Manager in issuing bidding documents to bidders and conducting pre -bid conferences with prospective bidders. The Architect/Engineer, with the assistance of the Construction Manager, shall respond to questions from bidders, and shall issue addenda. 10 2.7.3 The Architect/Engineer shall, on behalf of the Owner, file all necessary documents required to secure building permit, after the County has obtained development approval. Assistance with securing a development approval will be in the form of providing schematic drawings. 2.8 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.8.1. The Architect/Engineees 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/Engineer and Contractor. The Architect/Engineer will administer the Owner/Contractor contract as provided for in that document. The Architect/Engineer 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. 2.8.2 The Architect/Engineer shall at all times have access to the Work whenever it is in preparation or progress. 2.8.3 The Architect/Engineer 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/Engineer or Construction Manager. 2.8.4 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 Worts than is indicated by such supporting documentation or data, or than is reasonable under the circumstances. If the Schedule of Values was not found to be appropriate, or if the supporting documentation or data is deemed to be inadequate, and unless the Owner directs the Architect/Engineer to the contrary in writing, the Schedule of Values shall be returned to the Contractor for revision of supporting documentation or data. After making such examination, if the Schedule of Values is found to be appropriate as submitted, or if necessary, as revised, the Architect/Engineer shall sign the Schedule of Values thereby indicating its informed belief that the Schedule of Values constitutes a reasonable, balanced basis for payment of the Contract Price to the Contractor. The Architect/Engineer shall not approve such Schedule of Values in the absence of such belief unless directed to do so, in writing, by the Owner. I 2.8.5 The Architect/Engineer shall carefully inspect the work of the Contractor and shall, at a minimum, inspect work at the Project site once every week. The purpose of such inspections shall be to determine the quality and quantity of the work in comparison with the requirements of the Construction Contract. In making such inspections, the 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. 2.8.6 The Architect/Engineer shall initially approve periodic and final payments owed to the Contractor under the Construction Contract predicated upon inspections of the work and evaluations of the Contractor's rate of progress in light of the remaining contract time and shall issue to the Owner Approvals of Payment in such amounts. By issuing an Approval of Payment to the Owner, the Architect/Engineer reliably informs the Owner that the Architect/Engineer has made the inspection of the work required, and that the work for which payment is approved has reached the quantities or percentages of completion shown, or both, that the quality of the Contractor's work meets or exceeds the requirements of the Construction Contract, and that under the terms and conditions of the Construction Contract, the Owner is obligated to make payment to the Contractor of the amount approved. 2.8.7 The issuance of a Certificate for Payment shall not be a representation that the Architect/Engineer has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work. (2) reviewed construction means, methods, techniques, sequences or procedures. (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.8.8 The Architect/Engineer shall have authority, after notification to the Construction Manager, to reject Work, which does not conform to the Contract Documents. Whenever the Architect/Engineer considers it necessary or advisable for implementation of the intent of the Contract Documents the Architect/Engineer will have authority, upon written authorization from the Owner, to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. 2.8.9 The Architect/Engineer shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect/Engineees action shall be taken with such reasonable promptness 12 P as to cause no delay in the Contractor's Work or in construction by the Owner's own forces, while allowing sufficient time in the Architect/Engineer's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractors, all of which remain the responsibility of the Contractors to the extent required by the Contract Documents. The Architect/Engineer's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Arch itect/Engineer, of construction means, methods, techniques, sequences, or procedures. The Architect/Engineer's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristic of materials, systems or equipment is required by the Contract Documents, the Architect/Engineer shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. Architect/Engineer shall take appropriate action on submittals within 14 calendar days. The Architect/Engineer shall maintain a tracking log for the submittals which shall include but not be limited to; the submittal as named in the specification, all dates as required for tracking and the status of approval. A copy of the tracking log will be made available to Owner when requested. 2.8.10 The Architect/Engineer shall review and sign or take other appropriate action on Change Orders and Construction Change Directives prepared by the Construction Manager for the Owner's approval and execution in accordance with the Contract Documents. Architect/Engineer to take appropriate action within 7 calendar days. 2.8.11 The Architect/Engineer shall promptly provide appropriate interpretations as necessary for the proper execution of the work as long as there is no change in Contract price. 2.8.12 The Architect/Engineer shall require inspection or reinspection and testing or retesting of the work, to include architectural/engineering, structural, mechanical and electrical engineering portions of the work, in accordance with the provisions of the Construction Contract whenever appropriate. 2.8.13 The Architect/Engineer, assisted by the Construction Manager, shall conduct inspections to determine the dates of Substantial Completion and the date of Final Completion. The Architect/Engineer shall submit to the Owner a list comprised of incomplete and/or unacceptable items required by the Contract Documents to include architecturai/engineering, structural, mechanical and electrical engineering portions of the work. The Architect/Engineer shall forward to the Construction Manager warranties and similar submittals required by the Contract Documents which have been received from the Contractor. The 13 Architect/Engineer shall issue a final Project Certificate for Payment upon compliance with the requirements of the Contract Documents. 2.8.14 The Architect/Engineer shall interpret and decide matters concerning performance of the Contractor under the requirements of the Contract Documents upon written request. The Architect/Engineer's response to such requests shall be made with promptness and within seven (7) days of receipt of request. 2.8.15 Interpretations and decisions of the Architect/Engineers shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings and submitted on proper Construction Change Directives. 2.8.16 The Architect/Engineer 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. 2.8.17 Duties, responsibilities and limitations of authority of the Architect/Engineer shall not be restricted, modified or extended without written agreement of the Owner and Architect/Engineer. 2.8.18 The Architect/Engineer 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. This advise and consultation shall be limited to verbal comment on actions of the Owner and shall not necessitate filing of records, forms, or revisions to drawings, without additional compensation. 2.8.19 The Architect/Engineer 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. 2.8.20 The Architect/Engineer 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/Engineer shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. The Architect/Engineer 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. 14 2.8.21 The Architect/Engineer shall testify in any judicial proceeding concerning the design and construction of the project when requested in writing by the Owner, and the Architect/Engineer shall make available to the Owner any personnel or consultants employed or retained by the Architect/Engineer for the purpose of reviewing, studying, analyzing or investigating any claims, contentions, allegations, or legal actions relating to, or arising out of, the design or construction of the project. Testimony will be provided as part of the basic services when in defense of claims for actions of the Architect/Engineer, unless otherwise prevented by counsel of the Architect/Engineer and which time it would be subject to subpoena. For other claims against the Owner, the Architect/Engineer will do this under an expert witness with compensation. 2.8.22 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. 2.8.23 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. 2.8.24 The Architect/Engineer 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/Engineer, its consultants, or both. This added expense is defined as the difference in cost from that which the Owner would have paid if the work was included in the bid, and the actual cost presented by the Contractor. ARTICLE III 3.1 GENERAL 3.1.1 The services described in this Article III are not included in Basic Services with the exception of those services specified in Exhibit B. 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. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in subparagraph 2.8.5 is required, the Architect/Engineer shall provide one or more project representatives to assist in carrying out such additional on -site responsibilities. 3.4 OPTIONAL ADDITIONAL SERVICES 15 3.4.1 Providing detailed quantity surveys or inventories of material and equipment. 3.4.2 Providing analyses of owning and operating costs. 3.4.3 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.4 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.5 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.6 Providing special surveys or environmental studies required for approvals of governmental authorities or others having jurisdiction over the project. 3.4.7 Providing service relative to future facilities, systems and equipment. 3.4.8 Providing detailed estimates of the construction cost (an item by item enumeration and analysis of all the costs that go to make up the Arch itect/Engineees final estimate described in paragraph 5.1). 3.4.9 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.10 Providing services of consultants for other than architecturat/engineering, civil, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.11 Providing any other services not otherwise included in this Agreement or not customarily fumished in accordance with generally accepted architectural/engineering practice. 3.4.12 Providing assistance with public agencies requiring formal review of project and preparation of documents, reports, studies, renderings, models, payment of fees, applications and other material necessary to seek such approval. 3.4.13 Providing representation before public bodies in conjunction with approval of project, upon approval by owner. 3.5 CONTINGENT ADDITIONAL SERVICES 16 3.5.1 Making revisions in Drawings, Specifications or other documents when such revisions are: a. Inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; b. Required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents and not reasonably anticipated; or C. Due to changes required as a result of the Owner's failure to render decisions in a timely manner. 3.5.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction. 3.5.3 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work. 3.5.4 Providing services in connection with public hearings. ARTICLE IV OWNER'S RESPONSIBILITIES 4.1 The Owner shall establish and update an overall budget for the Project based on consultation with the Construction Manager and the Architect/Engineer, which shall include the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.2 The Owner shall designate the Construction Manager to act on the Owner's behalf with respects to the Project. The Owner or Construction Manager shall render decisions in a timely manner pertaining to documents submitted by the Architect/Engineer in order to avoid unreasonable delay in the orderly and sequential progress of the Architect/Engineer's services. 4.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements, and adjoining property and structures; adjacent drainage; rights -of -way; restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other 17 1 improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 4.4 The Owner shall furnish the geotechnical tests when requested by the Architect/Engineer. Such tests may include, but not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, and ground corrosion and resistively tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 4.5 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Application for Payment or to ascertain how or for what purposes the. Contractor has used the money paid by or on behalf of the owner. 4.6 The services, information, surveys and reports shall be furnished at the Owner's expense, and the Architect/Engineer shall be entitled to rely upon the accuracy and completeness thereof. 4.7 Prompt written notice shall be given by the Owner and Construction Manager to the Architect/Engineer if they become aware of any fault or defect in the Project or non-conformance with the Contract Documents. 4.8 The proposed language of certificate or certificates requested of the Architect/Engineer or Architect/Engineer's consultants shall be submitted to the Owner for review and approval at least 14 days prior to execution. The Owner shall not request certifications that would require knowledge or services beyond the scope of this Agreement. 4.9 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/Engineer's services and work of the contractors. 4.10 The Owner shall famish the Architect/Engineer copies of written communications. 4.11 The Owner's review of any documents prepared by the Architect/Engineer or its consultants shall 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/Engineer of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 18 4.12 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. ARTICLE V CONSTRUCTION COST 5.1 Contemporaneously with the -submission of the Design of Construction, the Architect/Engineer shall submit to the Owner in writing its final estimate of the contractor's anticipated price for constructing the Project. Once submitted, the final anticipated price estimate shall be adjusted by the Architect/Engineer to reflect any increase or decrease In anticipated price resulting from the change in Design for Construction. 5.2 The Construction Cost shall be the total estimated cost to the Owner of all elements of the project designed or specified by the Architect/Engineer. 5.3 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect/Engineer, plus a reasonable allowance for the Contractor's overhead and profit. 5.4 Construction cost does not include the compensation of the Architect/Engineer and the Architect/Engineer's consultants, the costs of land, rights -of -way, financing or other costs which are the responsibility of the Owner. 5.5 The Architect/Engineer agrees that, should the bid for construction of the project exceed it's estimate by ten percent (10%) or more, it will redesign, redraw and/or rebid, at no additional or expense to the Owner, until the bids are within the stated limits. ARTICLE VI 6.1 INDEMNIFICATION AND HOLD HARMLESS 6.1.1 The ArchRect/Engineer convenants and agrees to indemnify and hold harmless 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) which arise out of, in connection with, or by reason of services provided by the Architect/Engineer in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Architect/Engineer in any tier, their employees, or agents. The first ten dollars ($10.00) of remuneration paid to the Architect/Engineer is for the indemnification provided for above. The extent of liability is in no way limited to, 19 reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Should any claims be asserted against the Owner by virtue of any deficiency or ambiguity in the plans and specifications provided by the Architect/Engineer, the Architect/Engineer agrees and warrants that he shall hold the Owner harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the Owner's behalf. ARTICLE VII 7.1 PERSONNEL 7.1.1 The Architect/Engineer shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this contract, the parties anticipate that the following named individuals will perform those functions as indicated: '�' •' L fLr! So long as the individuals named above remain actively employed or retained by the Architect/Engineer, they shall perform the functions indicated next to their names. ARTICLE VIII 8.1 PAYMENTS 8.1.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the Architect/Engineer shall be paid monthly, in accordance with the following schedule: (A) The Architectural/Engineering fee shall be based on the following criteria: 1. Schematic Design 15 percent 2. Design Development Phase 30 percent 3. Construction Documents Phase 30 percent 4. Bidding or Negotiation Phase: 5 percent 5. Construction Phase 20 percent An estimated construction cost of $850,000.00 thousand and a fee percentage of 7.9 % shall be initially used to calculate the architecturaVengineering fee. When the actual construction cost is known, the fee will be adjusted in accordance with 20 the State of Florida, Department of Management Services, Division of Building Construction Fee Schedule for Architectural and Engineering Services. A final adjustment will be made when construction is complete. (B) For the performance of the optional additional services and contingent additional services described in Article III of this contract, provided same are first authorized in writing by the Owner, the Architect/Engineer shall be paid hourly at the rates identified in Exhibit B, or as negotiated. (C) If the Architect/Engineer's duties, obligations and responsibilities are materially changed through no fault of the Architect/Engineer after execution of this contract, compensation due to the Architect/Engineer shall be equitably adjusted, either upward or downward; (D) As a condition precedent for any payment due under this contract, the Architect/Engineer 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/Engineer's invoice shall describe with reasonable particularity the service rendered. The Architect/Engineees invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the Owner may require. 8.2 REIMBURSABLE EXPENSES 8.2.1 Reimbursable expenses include expenses incurred by the Architect/Engineer in the interest of the project: a. Expense of transportation submitted by Architect/Engineer, In writing, and living expenses in connection with out -of -county travel authorized by the Owner, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Fees paid for securing approval of authorities having jurisdiction over the project; C. Reproductions as requested only by the Owner (beyond 8 signed and sealed full size sets, plus one full size reproducible set, and one 11 x 17 reproducible set); d. Postage and handling of Drawings and Specifications; e. Renderings and Models requested by the Owner. f. Expense of additional insurance coverage or limits, including professional liability insurance requested by the Owner in excess of $1,000,000. 21 ARTICLE IX 9.1 APPLICABLE LAW 9.1.1 This contract is governed by the laws of the State of Florida. Venue for any litigation arising under this contract must be in Monroe County, Florida. 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/Engineer for this project are instruments of the Architect/Engineees service for use solely with respect to this project, and the Architect/Engineer 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/Engineees Drawings, Specifications and other documents shall not be used by the Owner or others on other projects, or for completion of this project by others, unless the Architect/Engineer is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect/Engineer. 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/Engineees reserved rights. 10.1.3 The As -Built drawings and specifications may be furnished by the contractor 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. ARTICLE XI 11.1 SUCCESSORS AND ASSIGNS 11.1.1 The Architect/Engineer 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. Subject to the provisions of the immediately preceding representatives to the other and to the successors, assigns and legal representatives of such other party. 22 ARTICLE XII 12.1 NO THIRD PARTY BENEFICIARIES 12.1.1 Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. ARTICLE XIII 13.1 INSURANCE 13.1.1 The Architect/Engineer shall obtain insurance as specified in the attached Exhibit A and maintain the required insurance at all times this contract is in effect. Errors and Omissions Insurance shall also be maintained for a period of two years after final completion of the project. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Architect/Engineer's failure to purchase or maintain the required insurance, the Architect/Engineer shall indemnify the County from any and all increased expenses resulting from such delay. 13.1.2 The coverage provided herein shall contain an endorsement providing sixty (60) days notice to the Owner prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the Owner and shall be in a form acceptable to the Owner. ARTICLE XIV TERMINATION 14.1 Either party hereto may terminate this contract upon giving seven (7) days written notice to the other in the event that such other party substantially fails to perform its material obligations set forth herein. Termination expenses shall include all expenses till date of termination and any additional services required in order to stop performance of services, subject to audit for verification. 14.1.1 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 XV ENTIRE AGREEMENT 15.1 This contract constitutes of the form of agreement (Articles I XV), 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 23 conflict between any of those contract documents, the one imposing the greater burden on the Architect/Engineer 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 construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24 SWORN STATEMENT UNDER ORDINANCE NO.10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE 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. 1.0-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For beach or violation of this provision the County may, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amou t of any fee, commission, percentage, gift, or consideration paid to the fa er County officer or employee. (Signature) Date: �" IZ7va3 STATE OF COUNTY OF Subscribed and sworn to or affirmed) before me on - (date) by ; (name of affiant). He/She is personally s known to me. n My commission expires: .O'NL PATRICIA C. ERICKSON MY('OMMISSIONM DD09I073 ;'t0ll; EXPIRES: January29.2OD6 t-80631V0'T W R Notary Sdvios & ftog p, Inc. VOTARY PUBLIC � a-- �'ld�'i 25 BOARD OF COUNTY COMMISSIONERS' OF MONROE COUNTY, FLORIDA By:- Mayor/Chairman IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative this % 7 day of Y L•-*O:LHAGE, Clerk 4 Date: %/1/I444A /9 ?-0 d3 (Seal) Attest: o � _ t.0 J APPROVED AS TO FORM V N !L QL G LLJ r "V `- z� OBE T N ci " DATE 0 T �0 "�!r W -�� = izC7 CV 26 EXHIBIT A MONROE COUNTY, FLORIDA INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverages marked with an "X' will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him/her sign it in the place provided. it is also required that the bidder sign the form and submit it with each proposal. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY X Workers' Compensation Statutory Limits WC1 X Employers Liability $100,000/$500,000/$100,000 WC2 Employers Liability $5001000/$500,000/$500,000 WC3 Employers Liability $1,000,000/$1,000,000/$1,000,000 WCUSLH US Longshoremen & Same as Employers' Harbor Workers Act Liability WCJA Federal Jones Act Same as Employers' Liability GENERAL LIABILITY As a minimum, the required general liability coverages will include: • Premises Operations • Products and Completed Operations • Blanket Contractual • Personal Injury • Expanded Definition of Property Damage Required Limits: GL1 $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit GI-2 $250,000 per Person; $500,000 per Occurrence $50,000 Property Damage or $500,000 Combined Single Limit GL3 X $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit GI-4 $5,000,000 Combined Single Limit Required Endorsement: GLXCU Underground, Explosion and Collapse (XCU) GLLIQ Liquor Liability GLS Security Services All endorsements are required to have the same limits as the basic policy. 8 VEHICLE LIABILITY As a minimum, coverage should extend to liability for: • Owned; Non -owned; and Hired Vehicles Required Limits: VL1 VI-2 VL3 VU BR1 MVC PR01 PR02 PR03 Agg. POL1 POL2 Agg. POL3 Agg. ED1 ED2 GK1 GK2 X $50,000 per Person; $100,000 per Occurrence $25,000 Property Damage or $100,000 Combined Single Limit $100,000 per Person; $300,000 per Occurrence $50,006 Property Damage or $300,000 Combined Single Limit $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit $5,000,000 Combined Single Limit MISCELLANEOUS COVERAGES Builders' Limits equal to the Risk completed project. Motor Truck Limits equal to the maximum cargo value of any one shipment. Professional Liability $ 250,000 per Occurrence/$ 500,000 Agg. $ 500,000 per Occurrence/$1,000,000 Agg. $1,000,000 per Occurrence/$2,000,000 Pollution $ 500,000 per Occurrence/$1,000,000 Agg. Liability $1,000,000 per Occurrence/$2,000,000 $5,000,000 per Occurrence/$10,000,000 Employee $10,000 Dishonesty $100,000 Garage $ 300,000 ($ 25,000 per Veh) Keepers $ 500,000 ($100,000 per Veh) 9 GK3 MED1 MED2 MEW MED4 IF VLP1 VLP2 VLP3 BLL HKL1 HKL2 HKL3 AIR1 AIR2 AIR3 AE01 AE02 AE03 Agg. EO1 E02 E03 Medical Professional Installation Floater Hazardous Cargo Transporter Bailee Liab. Hangarkeepers Liability Aircraft Liability Architects Errors & Omissions X $1,000,000 ($250,000 per Veh) $ 250,000/$ 750,000 Agg. $ 500,000/$1,000,000 Agg. $1,000,000/$ 3,000,000 Agg. $5,000,000410,000,000 Agg. Maximum value of Equipment Installed $ 300,000 (Requires MCS-90) $ 500,000 (Requires MCS-90) $1,000,000 (Requires MCS-90) Maximum Value of Property $ 300,000 $ 500,000 $ 1,000,000 $ 1,000,000 $ 5,000,000 $50,000,000 $ 250,000 per Occurrence/$ 500,000 Agg. $ 500,000 per Occurrence/$1,000,000 Agg. $1,000,000 per Occurrence/$3,000,000 Engineers Errors $ 250,000 per Occurrence/$ 500,000 Agg. & Omissions $ 500,000 per Occurrence/$1,000,000 Agg. $1,000,000 per Occurrence/$3,000,000 Agg. 10 s INSURANCE AGENTS STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES w C.-, D CU 1 1;A 0 e Liability polices are Occurrence _ Claims Made -ut S;V- insurance Agency f.7 Signature BIDDERS STATEME 4 I understand the insurance that will be mandatory if awarded the,6ontract and will comply in full with all the requirements. � GvlGA/,OM 64 Ak N Bidder INSCKLST GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations — v" jiOt� • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) ` Ole If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $ 1,000,000 per Occurrence $ 100,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GL3 12 VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for. Owned, Non -Owned, and Hired Vehicles The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 per Occurrence $100,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VL3 13 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $ 100,000 Bodily Injury by Accident $ 500,000 Bodily Injury by Disease, policy limits _ OK - /ir $ 100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self -insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. WC1 14 ARCHITECTS ERRORS AND OMISSIONS LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract involves the furnishing of architectural services, the Contractor shall purchase and maintain, throughout the life of the contract, Architects Errors and Omissions Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. This insurance shall be maintained In force for a period of two years after the date of Substantial Completion of the Project. The minimum limits of liability shall be: $1,000,000 per Occurrence/$3,000,000 Aggregate AE03 15 EXHIBIT B WILLIAM P. HORN ARCHITECT, P.A. 915 EATON STREET, KEY WEST, FLORMA 33040 November 1, 2002 Standard Hourly Rates Principal Architect Architect Intern Architect Dra$sperson M.E.P Engineer Principal Civil Engineer Senior Civil Engineer Project Civil Engineer Landscape Architect Structural Engineer Principal $140.00/hour $100.00/hour $85.00/hour $65.00/hour $95.00/hour $125.00/hour $100.00/hour $90.00/hour $85.00/hour S 100.00/hour $45.00/hour ft NOV yppy afts- Li mw Na AA 0003 PHONE 303-296-9302 F.AM: 305-296-1033