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Item C16 BOARD OF COUNTY CONI IISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 1.2013 Division:_ Public Works/Engineering_ Bulk Item: Yes X No _ Department: Project Management Staff Contact Person/Phone#: David R Ht11 X4416 AGENDA ITEM WORDING: Approval of a Professional Services Agreement with William P. Horn Architect, P.A. for the Monroe County Redevelopment of Bernstein Park. The Redevelopment will be funded through the one cent infrastructure sales tax. ITEM BACKGROUND: William P.Horn Architect,P.A. was ranked#1 of five firms by a selection committee of four members at a public meeting on August 22, 2013, for the Redevelopment of Bernstein Park. The park is low in elevation and is frequently unusable due to poor drainage and the effect of high tides. The redevelopment would include, but not be limited to, raising the level of the field by 18"—24", construct new restrooms; develop a new soccer field,baseball field, and basketball court. PREVIOUS RELEVANT BOCC ACTION: On April 17, 2013, the BOCC approved to advertise a Request for Qualifications for the Redevelopment of Bernstein Park. On September 17, 2013 the BOCC approved, to negotiate a contract with William. P. Horn Architect P.A. and to allow the submission of a Drug Free Workplace form in the Agreement. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $166,443.00 INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY:_$166.443.00 SOURCE OF FUNDS: Fund 304 REVENUE PRODUCING: Yes, No X AMOUNT PER MONTH Year APPROVED BY: County Atty-e""OMB/Purchr Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# Revised 7/09 MONROE,COUNFY BOARD OF COUNTY COMMISSIONERS CON C SUM. Contract with: William P-Horn Contnct Effective Date; 10/16,113 Expiration Dam ContractPurpose/Description: F�ofcssional Services Ag=ment for the of t mu i'ar . Contract Manager. X44 t M t t CONTRACTCOSTS, .Total Dollar Valuew Grant., County Mate. � � m ADDITIONAL.COST Estfinatr,d OngoingColts: For, (Not i=tuded in dollar v 1u ab v CONT RACT REVIEW Changesy Ruts Out Date en Risk Martag em, t '��� sE]NoffCounty Attorney A' O'M-B'/Pursasing Yes[]NoE]� .... Co' cats: i OMB PormRvvked ZQ7 MCP AGREEMENT FOR PROFESSIONAL SERVICES for Monroe County Redevelopment of Bernstein Park This Agreement ("Agreement") made and entered into this 16"' day of October, 2013 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners (`BOCC"), and William P. Horn Architect, P.A., a Corporation of the State of Florida, whose address is 915 Eaton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for the Redevelopment of Bernstein Park on Stock Island, Monroe County, Florida. The park is subject to flooding both from heavy rain and when tides are very high, which limits its use. The Redevelopment options shall include raising the level of the entire field by 18" to 24", add new restrooms, baseball field, soccer field, basketball court, playground equipment, and a walking track; and include a storm water retention system and removal of the existing dwelling unit. Bernstein Park is approximately 6 acres in size. Final park uses and features will be clarified and/or revised by County staff. WHEREAS, CONSULTANT has agreed to provide professional services which shall include providing a cost estimate for the redevelopment of the park, and raising the elevation, and providing all design drawings and bid support service through Construction Administration services. Consultant's attendance at public meetings including BOCC and Park and Recreation Board meeting's, may at times be required. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1 Redevelopment of Bernstein Park 1.1.1 The CONSULTANT is professionally qualified to act as the CONSULTANT for the Project and is licensed to provide the designated services by the State of Florida having jurisdiction over the CONSULTANT and the Project; 1.1.2 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.3 The CONSULTANT has become familiar with the Project sites and the local conditions under which the Work is to be completed. 1.1.4 The CONSULTANT shall prepare all documents required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in the subsequent implementation phases and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional cost due to missing or incorrect information; 1.1.5 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.6 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The CONSULTANT shall submit, for the COUNTY'S and its representative's information, a schedule for the performance of the CONSULTANT'S services which may be adjusted as the Project proceeds if approved by the COUNTY, and shall include allowances for periods of time required for the COUNTY'S review, and for approval of submission by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the COUNTY may not be exceeded by the CONSULTANT except for delay caused by events not within the control of the CONSULTANT or foreseeable by him. The sole remedy for delay shall be an extension of time. 1.1.7 CONSULTANT is an independent contractor under this Agreement. Services provided by CONSULTANT shall be subject to the supervision of CONSULTANT. In providing the services, CONSULTANT and its agents shall not be acting and shall not be deemed as acting as officers, employees, or agents of the COUNTY, nor shall they accrue any of the rights or benefits of a COUNTY employee. ARTICLE II SCOPE OF CONSULTANT'S BASIC SERVICE 2.1 DEFINITION 2.1.1 CONSULTANT'S Basic Services consist of those described in Paragraphs 2.2 through 2.8, and other services identified as part of Basic Services, and include normal consulting services to Redevelop Bernstein Park on Stock Island, and complete the 2 Redevelopment of Bernstein Park Project. The CONSULTANT shall commence work on the services provided for in this Agreement promptly after approval of the Monroe County Board of County Commissioners. 2.1.2 The Design for Construction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Design for Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the County. The Consultant shall be responsible for designing the Project in accordance with the analysis and recommendations of the geotechnical information furnished. 2.1.3 Consultant services shall include, but not be limited to: Preparation and completion of the design program for space requirements and relationships, schematic design, design development, preparation of contract documents for bids, assist in the preparation and advertisement for Request for Bids, attendance at the pre-bid conference, tabulation and review of bids, recommendation of contract awards, cost estimating during design and document preparation, administration of contact documents, attendance at the pre-construction meeting, consultation and on-site inspections during construction, review and recommend approval of contractor invoices, preparation and submittal of permit applications, zoning applications, a maximum of four public meetings, and two presentations to the County Commission, and drawings that result from the public meetings and presentations to Board of County Commissioners. 2.1.4 Consultant shall design any public building on the property in compliance with the Florida Green Building Standard for County Buildings as required by Resolution 147- 2010. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Consultant shall review the program, schedule and construction budget furnished by the County to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the County. 2.2.2 The Consultant shall review with the County and Department of Project Management: proposed site use and improvements, required permits, zoning, selection of materials, building systems and equipment; and method of Project delivery. 2.2.3 The Consultant shall review with the County and the Department of Project Management alternative approaches to design and construction of the project. 2.2.4 Based on the mutually agreed upon program, schedule and construction budget requirements, the Consultant shall prepare, for approval by the County, Schematic Design 3 Redevelopment of Bernstein Park Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 At intervals mutually agreeable to the County, Department of Project Management, and Consultant, the Consultant shall provide drawings and other documents which depict the current status of Schematic Design for the County's review and the Department of Project Management's information. The Consultant shall provide an estimate of anticipated cost in accordance with the design development phase. 2.2.6 Upon completion of the Schematic Design Phase, the Consultant shall provide drawings, outline specifications, estimate of anticipated cost in accordance with the schematic designs, and other documents for the County's approval and the Department of Project Management's information. 2.2.7 The Schematic Design must be approved in writing, by the County prior to Consultant continuing to the Design Development Phase. 2.3 SCHEMATIC DESIGN PHASE REQUIREMENTS 2.3.1 The Schematic Design Phase services shall respond to program requirements and consist of preparation of. Conceptual site and building plans, preliminary sections and elevations, development of approximate dimensions, areas and volumes, concept sketches as required to explain the design intent to the County. Perspective renderings and models, if required by the County, will be billed as an additional service as billed as a reimbursable expense if that service is performed by additional consultants after the County's written approval. 2.4 DESIGN DEVELOPMENT/DOCUMENT PHASE 2.4.1 Based on the approved Schematic Design Documents and any adjustments authorized by the County in the program, schedule or construction budget, the Consultant shall prepare Design Development Documents for the Department of Project Management's review and the County's approval. The Design Development Documents shall consist of drawings and other documents that establish and describe the size and character of the Project as to architectural/civil, landscaping, structural, mechanical, and electrical systems, materials and such other elements as may be appropriate. 2.4.2 At intervals mutually agreeable to the County, the Department of Project Management and Consultant, the Consultant shall provide drawings and other documents which depict the current status of design development for the County's review and the Department of Project Management's information. The Consultant shall provide an estimate of anticipated cost in accordance with the design development phase. 4 Redevelopment of Bernstein Park 2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS 2.5.1 Upon completion of the Design Development Phase, the Consultant shall provide drawings, outline specifications and other documents for the County's approval and the Department of Project Management's information. The Consultant shall provide an estimate of anticipated costs in accordance with the design development phase. 2.5.2 The Design Development Documents must be approved in writing, by the County prior to Consultant continuing to the Construction Documents Phase. 2.6 CONSTRUCTION DOCUMENTS PHASE 2.6.1 Based on the approved Design Development documents and any further adjustments authorized by the county in the scope or quality for the Project or in the construction budget, the consultant shall prepare, for approval by the County and Monroe County Project Management, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. 2.6.2 The Consultant shall provide Drawings and Specifications for the County's and the Department of Project Management's review. 2.6.3 Upon completion of the Construction Documents Phase, the Consultant shall provide Construction Documents for the County's and Monroe County Project Management Department's approval. Once approved the Consultant shall provide the County eight (8) complete signed and sealed sets of construction drawings and eight (8) completed Project Manuals with technical specifications, saved electronically in Adobe Acrobat file (.pd fl format. Any and all files used to create the technical specifications need to be submitted saved as an Adobe Acrobat file (.pdf) format, including but not limited to; technical sections, reports such as, asbestos, geotechnical, soils, paint, and photographs. The Consultant shall provide an estimate of anticipated costs in accordance with the construction development phase. 2.6.4 The Consultant shall assist the County and the Monroe County Project Management Department in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the forms of Agreement between the Owner and the Contractors. 2.6.5 The Consultant's construction documents (plans, specifications, etc.) will conform to all written codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of their Agreement, and shall be of such completion as to receive all permits when applied for. If permits are denied, then the Architect will conform the construction documents in such manner to receive permits upon such plans. Work required from the Consultant to conform the documents to federal, state, city, county, or agency specifications and permit 5 Redevelopment of Bernstein Park requirements to allow them to be approved shall be completed at no charge or cost to the County. 2.7 BIDDING OR NEGOTIATION PHASE 2.7.1 The Consultant, following the County's approval of the construction Documents and the Consultant's latest estimate of Construction Cost, shall assist the Monroe County Project Management Department in obtaining bids or negotiated proposals and assist in preparing contracts for construction. 2.7.2 The Consultant shall assist the Monroe County Project Management Department in issuing bidding documents to bidders and conducting pre-bid conferences with prospective bidders. The Consultant, with the assistance of the Monroe County project Management Department, shall respond to questions from bidders, and shall issue addenda. 2.7.3 The Consultant shall attend a pre-construction meeting with the contractor awarded the contract for construction. 2.8 CONSTRUCTION ADMINSTRATION PHASE 2.8.1 The Consultant's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for construction and terminates with the issuance to the County of the final Project Certificate for Payment including the submission of all project closeout documents by the consultant and Contractor. The Consultant will administer the county's contract as provided for in that document. The Consultant agrees to perform a project check prior to the end of warranty period as a part of the.contract. The check shall not exceed one working day unless additional time is approved by the Owner. 2.8.2 The Consultant shall at all times have access to the Work whenever it is in preparation or progress. 2.8.3 The Consultant shall, as contemplated herein and in the Construction Contract, but not otherwise, act on behalf, and be the agent, of the County throughout construction of the Project. Instructions, directions, and other appropriate communications from the County to the Contractor shall be given to the Contractor by the Consultant or Monroe County Project Management Department. 2.8.4 Upon receipt, the Consultant shall carefully review and examine the Contractor's Schedule of Values, together with any supporting documentation or data which the County or the Consultant may require from the contractor. The purpose of such review and examination shall be to protect the County from an unbalanced Schedule of Values 6 Redevelopment of Bernstein Park which allocates greater value to certain elements of the Work than is indicated by such supporting documentation or data, or than is reasonable under the circumstances. If the Schedule of Values were not found to be appropriate, or if the supporting documentation or data is deemed to be inadequate, and unless the County directs the Consultant to the contrary in writing, the Schedule of Values shall be returned to the Contractor for revision of supporting documentation or data. After making such examination, if the Schedule of Values is found to be appropriate as submitted, or if necessary, as revised, the Consultant shall sign the Schedule of Values thereby indicating its informed belief that the Schedule of Values constitutes a reasonable, balanced basis for payment of the Contract Price to the Contractor. The Consultant shall not approve such Schedule of Values in the absence of such belief unless directed to do so, in writing, by the County. 2.8.5 The Consultant shall have authority, after notification to the Monroe County Project Management Department to reject Work, which does not conform to the Contract Documents. 2.8.6 The Consultant shall carefully inspect the work of the Contractor and shall, at a minimum, inspect work at the Project site once every other week, unless otherwise needed. The purpose of such inspections shall be to determine the quality and quantity of the work in comparison with the requirements of the Construction Contract. In making such inspections, the Consultant shall protect the County from continuing deficient or defective work, from continuing unexcused delays in the schedule and from overpayment to the contractor. Following each inspection, the Consultant shall submit a written report of such inspection, together with any appropriate comments or recommendations to the County. 2.8.7 The Consultant shall initially approve periodic and final payments owed to the contractor under the Construction Contract predicated upon inspections of the work and evaluations of the Contractor's rate of progress in light of the remaining contract time and shall issue to the County Approvals of Payment in such amounts. By issuing an Approval of Payment to the County, the Consultant reliably informs the County that the Consultant has made the inspection of the work required, and that the work for which payment is approved has reached the quantities or percentages of completion shown, or both, that the quality of the Contractor's work meets or exceeds the requirements of the Construction Contract, and that under the terms and conditions of the Construction Contract, the County is obligated to make payment to the Contractor of the amount approved. 2.8.8 The issuance of an Application for Payment shall not be a representation that the Consultant has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the work. (2) reviewed construction means, methods, techniques, sequences or procedures. (3) reviewed copies of requisitions received from Subcontractors and materials suppliers and other data requested by the County to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the contract sum. 7 Redevelopment of Bernstein Park 2.8.9 The Consultant shall have authority, after notification to the Monroe County Department of Project Management, to reject work, which does not conform to the Contract Documents. Whenever the Consultant considers it necessary or advisable for implementation of the intent of the Contract Documents the Consultant will have authority, upon written authorization for the County, to require additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such work is fabricated, installed or completed. 2.8.10 The Consultant shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Consultant's action shall be taken with such reasonable promptness as to cause no delay in the Contractor's work in in construction by the County's own forces, while allowing sufficient time in the Consultants professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and instructions for installation or performance of equipment or systems designed by the contractors, all of which remain the responsibility of the contractors to the extend required by the Contract Documents. The Consultants review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Consultant, of construction means, methods, techniques, sequences, or procedures. The Consultant's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristic of materials, systems or equipment is required by the Contract Documents, the consultant shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. Consultant shall take appropriate action on submittals within 14 calendar days. The Consultant shall maintain a tracking log for the submittals which shall include but not be limited to; the submittal as named in the specification, all dates as required for tracking and the status of approval. A copy of the tracking log will be made available to County when requested. 2.8.11 The Consultant shall review and sign or take other appropriate action on Change Orders and Construction Change Directives prepared by the Monroe County Project Management Department for the County's approval and execution in accordance with the Contract Documents. 2.8.12 The Consultant shall promptly provide appropriate interpretations as necessary for the proper execution of the work as long as there is no change in Contract price. 2.8.13 The Consultant shall require inspection or re-inspection and testing or retesting of the work, to include architectural/engineering, structural, mechanical and electrical engineering portions of the work, in accordance with the provisions of the Construction Contract whenever appropriate. 2.8.14 The Consultant, assisted by the Monroe County Project Management Department, shall conduct inspections to determine the dates of Substantial Completion and the date 8 Redevelopment of Bernstein Park of Final Completion. The Consultant shall submit to the County a list comprised of incomplete and/or unacceptable items required by the Contract Documents to include architectural/engineering, structural, mechanical and electrical engineering portions of the work. The Consultant shall forward to the Department of Project Management warranties and similar submittals required by the Contract Documents which have been received for the Contractor. The Consultant shall issue a final Project Application for Payment upon compliance with the requirements of the contract Documents. 2.8.15 The Consultant shall interpret and decide matters concerning performance of the Contractor under the requirements of the Contract Documents upon written request. 2.8.16 Interpretations and decisions of the Consultant shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings and submitted on proper Construction Change Directives. 2.8.17 The Consultant shall render written decisions within a reasonable time on all claims, disputes or other matters in question between County and Contractor relating to the execution or progress of the Work as provided in the Contract Documents. 2.8.18 Duties, responsibilities and limitations of authority of the Consultant shall not be restricted, modified or extended without written agreement of the County and Consultant. 2.8.19 The Consultant shall be a representative of and shall advise and consult with the County during construction until final payment to the Contractor is due and as a Basic Service at the County's direction from time to time during the correction period as described in the Contract for Construction. 2.8.20 The Consultant shall transmit to the County all manuals, operating instructions, as-built plans, warranties, guarantees and other documents and things required by the Construction Contract and submitted by the Contractor. 2.8.21 The Consultant shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Consultant shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. The Consultant shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.8.22 The Consultant shall testify in any judicial proceeding concerning the design and construction of the project when requested in writing by the County, and the Consultant shall make available to the County and personnel or consultants employed or retained by the Consultant for the purpose of reviewing, studying, analyzing or investigating any claims, contentions, allegations, or legal actions relating to, or arising out of, the design or construction of the project. Testimony will be provided as part of the basic services 9 Redevelopment of Bernstein Park when in defense of claims for actions of the Consultant, unless otherwise prevented by counsel of the Consultant and which time it would be subject to subpoena. For other claims against the County the Consultant will do this under an expert witness with compensation at a rate of$150.00 per hour, or otherwise negotiated. 2.8.23 The Consultant shall make available to the County any personnel or consultant employed or retained by the Consultant for the purpose of reviewing, studying, analyzing or investigating any claims, contentions, allegations, or legal actions relating to, or arising out of, the design or construction of the project. 2.8.24 The Consultant shall review any as-built drawings furnished by the Contractor and shall certify to the County that same are adequate and complete. 2.8.25 The Consultant shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Consultant or his consultants, or both. 2.8.26 The Consultant must reimburse the County for any added costs paid by the County during construction that were incurred as the result of any omission, deficiency, or conflict in the work product of the Consultant, its consultants, or both. This added expense is defined as the difference in cost from that which the Owner would have paid if the work was included in the bid, and the actual cost presented by the Contractor. 2.8.27 The Consultant is required to attend all scheduled construction progress meetings. ARTICLE III ADDITIONAL SERVICE 3.1 The services described in this Article III are not included in Basic Services. They shall be paid for by the Board of County Commissioners as an addition to the compensation paid for the Basic Services but only if approved, in writing, by the County, and may need approval by the Board of County Commissioners before commencement, and are as follows: 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES If more extensive representation at the site than is described above is required, the Consultant shall provide one or more project representatives to assist in carrying out such additional on-site responsibilities. Consultant shall bill for additional services at the hourly rates established on Exhibit A. 3.2.2 Consultant's representation beyond four public meetings with the Park and Recreation Board and two public meetings with the Monroe County Board of County 10 Redevelopment of Bernstein Park Commissioners shall be considered additional service representation beyond basic services and shall be bill at hourly rates established on Exhibit A. 3.3 OPTIONAL ADDITIONAL SERVICES 3.3.1 Providing detailed quantity surveys or inventories of material and equipment. 3.3.2 Providing analysis of owning and operating costs. 3.3.3 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings, and related equipment. 3.3.4 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.3.5 Providing special surveys, site evaluations or comparative studies of prospective sites. 3.3.6 Providing special surveys or environmental studies required for approvals of governmental authorities or others having jurisdiction over the project. 3.3.7 Providing service relative to future facilities, systems and equipment. 3.3.8 Providing detailed estimates of the construction cost (an item by item enumeration and analysis of all the costs that go to make up the Consultant's final estimate described above). 3.3.9 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.3.10 Providing services of consultants for other than architectural/engineering, civil, structural, mechanical and electrical engineering portions of the project provided as a part of Basic Services 3.3.11 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural/engineering practice. 3.3.12 Providing assistance with public agencies such as the South Florida Water Management District and/or the Army Corps of Engineers, requiring formal review of project and preparation of documents, reports, studies, renderings, models, payment of fees, applications and other material necessary to seek such approval. 3.3.13 Florida Green Building Coalition Land Development Certification. 11 Redevelopment of Bernstein Park 3.4 CONTINGENT ADDITIONAL SERVICES 3.4.1 Making revisions in Drawings, Specifications or other documents when such revisions are: a. Inconsistent with approvals or instructions previously given by the County, including revisions made necessary by adjustments in the County's program or project budget. b. Required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents and not reasonably anticipated; or C. Due to changes required as a result of the County's failure to render decisions in a timely matter. 3.4.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the County's schedule, or the method of bidding or negotiating and contracting for construction. 3.4.3 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work. 3.4.4 Providing services in connection with public hearings, beyond the number of public hearings and meetings described in Basic Services. ARTICLE IV OWNER'S RESPONSIBILITIES 4.1 The County shall establish and update an overall budget for the Project based on consultation with the Consultant, which shall include the Construction Cost, the County's other costs and reasonable contingencies related to all of these costs. 4.2 The County shall designate the Department of Project Management to act on the County's behalf with respects to the Project. The County or Department of Project Management shall render decisions in a timely manner pertaining to documents submitted by the Consultant in order to avoid unreasonable delay in the orderly and sequential progress of the Consultant's services. 4.3 The County shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements, and adjoining property and structures; adjacent drainage; rights-of-way; restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information 12 Redevelopment of Bernstein Park concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 4.4 The County shall furnish the geotechnical tests when requested by the Consultant. Such tests may include, but not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, and ground corrosion and resistively tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 4.5 The County shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the County may require to verify the Contractor's Application for Payment or to ascertain how or for what'purposes the Contractor has used the money paid by or on behalf of the County. 4.6 The services, information, surveys and reports shall be furnished at the County's expense, and the Consultant shall be entitled to rely upon the accuracy and completeness thereof. 4.7 Prompt written notice shall be given by the County to the Consultant if they become aware of any fault or defect in the Project or non-conformance with the Contract Documents. 4.8 The proposed language of certificate or certificates requested of the Consultant or his consultants shall be submitted to the County for review and approval at least 14 days prior to execution. The County shall not request certifications that would require knowledge or services beyond the scope of this Agreement. 4.9 The County shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Consultant's services and work of the contractors. 4.10 The County shall furnish the Consultant copies of written communications. 4.11 The County's review of any documents prepared by the Consultant or his consultants shall solely for the purpose of determining whether such documents are generally consistent with the County's criteria, as and if, modified. No review of such documents shall relieve the Consultant of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.12 The County shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. ARTICLE V CONSTRUCTION COSTS 13 Redevelopment of Bernstein Park 5.1 Contemporaneously with the submission of the Design of Construction, the Consultant shall submit to the County, in writing, it final estimate of the contractor's anticipated price for construction of the project. Once submitted, the final anticipated price estimate shall be adjusted by the Consultant to reflect any increase or decrease in anticipated price resulting from the change in Design for Construction. 5.2 The Construction Cost shall be the total estimated cost to the county of all elements of the project designed or specified by the Consultant. 5.3 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the County and equipment designed, specified, selected or specially provided for by the Consultant, plus a reasonable allowance for the Contractor's overhead and profit. 5.4 Construction Cost does not include the compensation of the Consultant and the Consultants sub-consultants, the costs of land, rights-of-way, financing or other costs which are the responsibility of the County. 5.5 The Consultant agrees that, should the bid for construction of the project exceed it's estimate by ten percent (10%) or more, it will redesign, redraw and/or rebid, at no additional or expense to the County, until the bids are within the stated limits. ARTICLE VI INDEMNIFICATION AND HOLD HARMLESS 6.1 The CONSULTANT covenants and agrees to indemnify, and hold harmless Monroe County and Monroe County Board of County Commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by CONSULTANT or its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONSULTANT, its Subcontractor(s) in any tier, their officers, employees, servants and agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of Consultant's failure to purchase or maintain the required insurance, CONSULTANT shall indemnify OWNER from any and all increased expenses resulting from such delay. Should any claims be asserted against OWNER by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, CONSULTANT agrees and warrants that CONSULTANT shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the OWNER'S behalf. The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for the indemnification provided for above. 14 Redevelopment of Bernstein Park The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. ARTICLE VII PERSONNEL 7.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced CONSULTANT shall notify COUNTY of the change immediately. All consultants assigned by the CONSULTANT to perform any service concerning the project shall execute the following forms, original signed forms and licenses shall be delivered to COUNTY prior to beginning any work on the project: Lobbying and Conflict of Interest Clause Non-Collusion Affidavit Drug Free Workplace Form Copies of all professional and occupational licenses shall be submitted ARTICLE VIII COMPENSATION 8.1 CONTRACT SUM 8.2 PAYMENTS 8.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the Consultant shall be paid monthly, in accordance with the following schedule: 15 Redevelopment of Bernstein Park (A) The Consultant's fee shall be based on the following criteria: 1. Schematic Design 15 percent 2. Design Development Phase 30 percent 3. Construction Documents Phase 35 percent 4. Bidding or Negotiation Phase 5 percent 5. Construction Administration 15 percent An estimated construction cost of $2,500,000 shall be used for the Fee Guide Calculator provided by the State of Florida, Department of Management Services for Architectural and Engineering Services. Group "E" Complexity for Construction that is considerably less than average complexity shall be used which establishes a percentage of 6.67% of the Construction Cost resulting in the Consultants fee of$166,443.00. A final adjustment will be made when construction is complete. (B) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward. (C) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. (D) The CONSULTANT will be required to submit a detailed FEE SCHEDULE with each invoice for COUNTY approval. (E) For the performance of the optional additional services and contingent additional services described above, provided same are fist authorized in writing by the County, the Consultant shall be paid hourly at the rates identified in Exhibit A, or as negotiated. 8.2.2 REIMBURSABLE EXPENSES Reimbursable expenses include expenses incurred by the Consultant in the interest of the project: a. Expense of transportation submitted by Consultant, in writing, and living expenses m connection with out-of-county travel authorized by the County, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes. 16 Redevelopment of Bernstein Park b. Fees paid for securing approval of authorities having jurisdiction over the project. c. Reproductions as requested only by the County, beyond eight signed and sealed, full size sets, plus one full size reproducible set, and one 11 x 17 reproducible set, and one re-writable CD. d. Postage of drawings and specifications, except for those charges for postage between the Consultants branch offices and between the Consultant and his sub-consultants. 8.3 BUDGET 8.3.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY'S Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY'S Board of County Commissioners. 8.3.2 The COUNTY'S performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE IX INSURANCE 9.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. Professional Liability Insurance shall also be maintained as specified. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 9.2 The coverage provided herein shall be provided by an insurer with an A.M. Best Rating of VI or better, that is licensed to do business in the State of Florida and that has an agent for service of process within the State of Florida. The insurance certificate shall contain an endorsement providing thirty (30) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 9.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida. B. Employers Liability Insurance with limits of Five Hundred Thousand Dollars ($500,000) per Accident, Five Hundred Thousand Dollars ($500,000) Disease, policy limits, Five Hundred Thousand Dollars ($500,000) Disease each employee. 17 Redevelopment of Bernstein Park C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with Three Hundred Thousand Dollars ($300,000.00) combined single limit or Three Hundred Thousand Dollars ($300,000.00) per occurrence and Two Hundred Thousand Dollars ($200,000.00) per person and Two Hundred Thousand Dollars ($200,000.00) Property Damage. D. Commercial general liability covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Independent Contractors; Three Hundred Thousand Dollars ($300,000.00) per Person and Two Hundred Thousand Dollars ($200,000.00) Property Damage and Five Hundred Thousand Dollars ($500,000.00) per occurrence, or a Contractual Liability Endorsement with Five Hundred Thousand Dollars ($500,000) combined single Limit. E. Professional liability insurance of Five Hundred Thousand Dollars ($500,000.00) per claim and One Million Dollars ($1,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. Architectural Errors and Omissions Insurance of Five Hundred Thousand Dollars per occurrence ($500,000.00), or One Million Dollars ($1,000,000.00) Aggregate. G. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverage identified in Paragraphs C and D. H. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. I. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured by Section 12.1.3 including any subsection thereunder. The COUNTY reserves the right to require a certified copy of such policies upon request. 18 Redevelopment of Bernstein Park ARTICLE X OWNERSHIP OF DOCUMENTS 10.1 OWNERSHIP OF THE PRELIMINARY DESIGN AND THE DESIGN FOR CONSTRUCTION 10.1.1 The Drawings, Specifications and other documents prepared by the Consultant for this project are instruments of the Consultant's service for use solely with respect to this project. The Consultant shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights. Consultant's Drawings, Specifications and other documents shall not be used by the County or others on other projects, except by agreement in writing. The Consultant's Drawings and Specifications, and other documents, may be used for completion of this project by others. 10.1.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the project is not to be construed as publication in derogation of the Consultant's reserved rights. 10.1.3 The As-Built drawings and specifications will be furnished by the contractor to the County in electronic format in addition to the original As-Built documents. 10.1.4 The County may utilize the construction documents, As-Built documents, etc. as required for reference on any necessary future work on the site. ARTICLE XI SUCCESSSORS AND ASSIGNS 11.1 The CONSULTANT shall not assign its right hereunder, except its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the COUNTY. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. ARTICLE XII NO THIRD PARTY BENEFICIARIES 12.1 Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. ARTICLE XIII TERMINATION 13.1 Either party hereto may terminate this contract upon giving seven(7) days written notice to the other in the event that such other party substantially fails to perform its material obligations set forth herein. Termination expenses shall include all usual 19 Redevelopment of Bernstein Park expenses until date of termination and any additional services required in order to stop performance of services, subject to County audit for verification. Consultant shall not include additional expenses not directly related to termination after notice is given. 13.1.1 The County may terminate this agreement without cause by giving the other party thirty(30) days written notice. 13.1.2 Monroe County's performance and obligation to pay under this contract is . contingent upon an annual appropriation by the Bard of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE XIV ENTIRE AGREEMENT 14.1 This contract consists of this Agreement, the CONSULTANT'S response to the Request for Qualifications for the Redevelopment of Bernstein Park on Stock Island, Monroe County, Florida, the documents referred to in the Agreement as a part of this Agreement, and attachments. In the event of any conflict between any of the contract documents, the one imposing the greater burden on the CONSULTANT will control. 14.1.1 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a proposal on contracts to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY'S competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a"public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. 20 Redevelopment of Bernstein Park CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. ARTICLE XV ADDED REQUIREMENTS 15.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 15.2 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the OWNER or County Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 15.3 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in Monroe County, Florida, in the appropriate court or before the appropriate administrative body. The Parties waive their rights to a trial by jury. The COUNTY and CONSULTANT agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of the parties, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 15.4 SEVERABILITY 21 Redevelopment of Bernstein Park If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 15.5 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and-court costs, as an award against the non-prevailing party, and shall include reasonable attorney's fees and courts costs, in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. The OWNER and CONSULTANT agree that nothing in this Agreement obligates them to Arbitration, and they agree to Mediation of disputes instead of Arbitration. 15.6 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 15.7 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 15.8 CLAIMS FOR FEDERAL OR STATE AID N/A. 15.9 ADJUDICATION OF DISPUTES OR DISAGREEMENTS OWNER and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 15 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of 22 Redevelopment of Bernstein Park County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 15.10 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, OWNER and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 15.11 NONDISCRIMINATION CONSULTANT and OWNER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or OWNER agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 15.12 COVENANT OF NO INTEREST 23 Redevelopment of Bernstein Park CONSULTANT and OWNER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 15.13 CODE OF ETHICS OWNER agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 15.15 NO SOLICITATION/PAYMENT The CONSULTANT and OWNER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15.16 PUBLIC ACCESS. The CONSULTANT and OWNER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and OWNER in connection with this Agreement; and the OWNER shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. 15.17 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 15.18 PRIVILEGES AND IMMUNITIES 24 Redevelopment of Bernstein Park All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 15.19 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 15.20 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the OWNER agree that neither the CONSULTANT nor the OWNER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 15.21 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as OWNER may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 15.22 NO PERSONAL LIABILITY 25 Redevelopment of Bernstein Park No covenant or agreement contained hereinshall be deemed to be a.covenant or agreement of any meniber,officer, agent or employeeof Monroe County in his or her individual ber,oil ,agent or employee of Monroe County shaH be; liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this AgreemcnL M23 EXECUTION IN COUNTERPARTS This Agreement may be executed in any m 3ber 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 oftlus parties hereto may execute this Agreement by signing any such counterpart. IN WITNESS WHEREOF, each party has mused this Agreement to be executed by its duly authorized representative on the day and year first above written. (S ) BOARD OF COUNTY COMISSIONERS Attest: AMY HEAYLt.N CPA,Clerk OF MONROE COUNTY,FLORIDA By: By: Deputy Clerk Mayor&1nirman (S Witness fo CONSULT WULLs " IATIVI P AO AR S � ,W, Sign: a Print: 6 . e P-w_ A Print: 1kd,/1'r Title: 'Title;P' / AP. 4 Date: Date: 4 !� Address: . MONROE COUNTY ATTORNEY . 4 PROVE O FOR ��� NATILEENE 1N. CASSEL ASSISTANT COUNTY ATTORNEY Date ,w. "_:�:'W�„ 26 Rakvelopment of%mdein Park SECTIONFOUR c/o PURCHASING DEPARTMENT GATO, BUILMNG, ROOM 2-213 KEY WEST FLORIDA 33040 I have included: o The Response F0IrIII.\/ a Lobbyingnrid Conflict of In�erest Clause to Regi, rid n t's, Insurance an f Vetification Statement I have klduded a current copy(,,)f the 6611owirig proCessional and occupatiol"), licenses: Ji'lieck iqa,rk items aboyi-,,asa w° nflo.der ig the iaclu Q. Mailing Address: Bate: 120, w R.f.QI,A:,,S t_� ..r e f.� :;, �r s � ° °f f; i t�xu Ta .. " I: , � . f '� :u. i a9� PARJ 1,0BBVING AN']) CONFIACT OF INTEREST CLAUSE ETHICS CILAI]SE ��.. w &7 ""..ewarvints that liar/it has—not elm-plo ye , retmAned or otherwise, had Pict nr his/its 0 l 0_1990 or any County officer or employee in mr-rl' t®r of Secti. e of Ordinance o,, 010-1 9 , or breach or �W,,,a on oftlr� provision the Countyy ir , in it.s, dis refion, terni,imate tIds Agreement without fiability and may also, in its disc,° Lion, dcduct from the se price, or otherwise recover, the fiu�f arno'Unt ()r' any ft"e' gift or cowideratiori paid k (Signature ter. : STATE OF .t����(J1 rJl"y k" -ei-ibed aj,id s ()rr7 to err°alflirmed;N before tne on pc4sr)[tally, kno' '11 to Me lat"p) by .....3 Aowtr'I Ic/She is Qj as Iue�IIR�pY^wfS mT�I^^m 'H ^^^ miwmnervwvmwnunae�rnur mmma..a wa" 33 t J-."QI,,ESI n^t`ttt.Qt,.J"y .INC ATIO Start t"1"fit. f�tIDE,"Vtsll:.,0P9MLN I"OF" try S't'l^IN P.a lK. 1, _ i rrftlne c it° ref YYY _. tr crrrdir•r, to law n rra:v oath, and under pcnarlt F rri p r puar°y, rl Pose and say tlrrrt: of tile liars of � the hidder making the Proposal oral f6r the project: dies rau`ibed in the ReqUeSt fi.-Mr Qualifications fon rad tlaaa't ( executed the said proposal with full aruathority to do W�._ . this prict.s, in, this bid have been arrived at indepe detitl a withoul. co lusiorr, cr nsultrrr.iou, coraxfflu niaaation or grec:Mrrrat .N, tl)c. l 't'rrpra of j,1cstrict ru c2rrraipetition, as t err ` mar cT r.` Il.a"rt°ili to such p,rices xith any ratherI bidder or, III trr•ry rarrrpeti'tor; unless rrth r"'I Icy hi)Ao, the prices which have been qrar»rrted in, this brat have 'nor been kr`Iarwingl disclosed by ffie bidder and II,,vill not irr°ur;rwir°r l'y u + i clrrs ld by the irlc°l r prior to bid operriar , directly or 416re tl ,. to rrnly rather. bidder or, to mty competitor,and 4, no attt rn t has been rna l or will b rnado lad tl�,tE l�rcVcq r, to induce any rrtlr ,;r per,soni, partnership or corporation suularuait, or not rruI subrnit, ar bid ecru- the l rrr arS, of r e tr ictirr camp Lion; 5, the statements cont it O raflrr raVart aura t,rue andr rormct, attd made with lull knowledge a N that i rar , � .u'u�rr�t ° r �lr �� rrl � rr t tr tlr trl tlrrr �t,arturrrr��fitrr contained in tlris al'lucN t irr 411'"Plarding cojuracLs fior,said project. . -, // .., gy�r tr 'rt, rr(.` •usl .)rau4 cn t 11 �1 ,�S(")l .l,l,.• , PPI� � .RI-' BEF'O. E ME, the undersigned x1thority,V2LMIj ,,Who,, aw1G,a r° l.ir° t lr ire rrr.ur l rrr ; Rt l�r url "urcli iuiar,ar a nlru l rlii aril ,ro,� 0 his/her si ru,aaturrc in: the Space provided above on this ra f or, JQ�,.� ly ." 26 �W Oar F011VIs 15 ba rti �f 991tld rtt. rr q FOR.rat" tr,ljl tC, 11�t:r3`i FOR,"'f 9 fP„y RED EVE tFt r a MOM'T t lt. "t't.1l. l :A STOCK ISL tr,tIM)4P,0,is`,"0t.rN1 Y FLORIDA.. DRUIG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that,", (Name of Bun siiness) 1, Publish a uLatamerd notifying employees that the unlawful manufacture, dist6bution, dispensing, possession, or use of a controlled substance is prohlbited in the workplace and specifying the actions that wfllll be, taken against emplloyees for violations of such prohibition,. 2. Inform ernplo;yees abOUt the dangers of drug abuse in the workplace, the business's poficy of niaMtaining a drug-free worKpllace, any ava0abfe drug counseling, rehabillitation, and employee assistance prograrns, and the penalties that may be Imposed upon emOoyees for drug abuse vioIations. 3. ivy each ernpioyee engaged in providing the commodifies, or contractuM 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 thot�, as a condition of working on the commod1fies or contractuall servaces that are Under bid, the employee will abide byr the terms of the statement and' 'will notify,the employer of any con'Oction of, or plea of guilty or mollo contendereto, any, violation of Chapter 893 (Florida Statutes) or of any controlled substance JaWr of the United States or any state, for a, violation occurring in the workplace no later than five (5) days after such oonvi tiom 5,, Impose a sanction on, or, require the satMactory part!cIpation in a drug abuse assistance or rehabilitabon program if SUch, is avail'aNe in the ernpljoyee's community, or a ny aim p loyee w h a,is, so conv icted. 6 Make a good faith eff6rt to CO,rlfinUe to malntarn a drug-free workplace through implementation of this section, As the person autharized to sign the�",ernent, I certify that:this firm complies, fully with the above requirements. Respondent's Signature 6 If Date/ 34 REQUES"Tr FOR QUAL,Jf W,'ATKINS FORT141-',R1,T)EVE1,0111"N41"N]'OF BERNS'l-EIN PARK, SI"(.X-'K ISLANE), 1W.")NIM17 COL)NT11, r"111,0MI'M PUBLIC ENT11Y CRIME STMEMIENT "A Person or, affiliatewhohas been placed ori the convicted vendor list ffillmving ,a co'nviction for Public en it crill.nie nmay not submit a bidon a, con.trad U) provide any goods or services, to a pubfic entity, array not SUbin.it a bid on a contract with, aPublic entity for the, cotistruel'.ion or,rePair of a, public building ox- public work, may riot submit bids on leases of real propetty to, public eil tit y, tin"ay not be uWardetri or perfom. wofk as, a oantractor, supplier, subcontradror, or considtant under a contra with ar,11Y public entity, rtnd may not tral),sact business ith any public eatity in eXcless ofthe threshold amount provided in Section 287.017, R,)r CA'rI'.XjORY TW'C fin fbr ','ri period M'36 rarmn'ths ,from. the date of being placed on, the convicted vendor fist," I have read ... .....d. ac knowl edge the 'public Entity Crinie Statinent ........... latut Date: 36 RCE(AMST'FOR, QUALIFIC7ATIONS FOR111TE STOC INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES AiA-o _. Liability policies are _-✓ Qccurrence Claims Made Insurance Agency Sigh Pant. .... e. RE-EQN-DENES STATEMENT I understand the insurancelhat will be manUory if aw -ded contract and will comply in full with all the requirements. AMY Respondent Signature �l;C' Ca t fl A-, t)y\ c) Car, be., t 48 fitEQUFST FOR QUALIFICA`I-IONS FOR THE REDEVELOPMENT OF BERNSTEIN PARK, STOCK ISLAND,MONROE COUNTY,FLORIDA 2,012 / 2013 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2013 Business ' II L.R114 P HORN ARCHM-(71- 1' ECE-lwr# 46120-61429 0,vaer Narnp� WILLTAM P I*RN 9us-0ess Lccation� 915 EATON ST Maifing Acfdr",,5t, 9,15 AT Nib ST K EST, FL 3,3040, KEY WE57r, FL 33040 SUSITIeSS P110np: 305-29G-B3,02 Sushess Type: PRbiEssroNALS (PR(Dr-ESSIONAL ARCHITEC-, Rooms Souls �tnpinvees flarlhin,es Stalls ......... �LCEIVEV 6R 0,0135,37 Number of MacNnes�� For %�enamg Bijs,��jeqs rjnlly Tax Arnoun( Traillfer Fee Gub-T&M pellaky ——---------— Priar Yeari ol edi on Cost 301�W, 0.DO M00 0�00 - —-— ------Mo Paid 118-1 ,� -aaoc�ij,oja 09/06/2012 30 . 00, THIS RECEIPT MUST BE POST"E'D CONSPICUOUSLY IN YOUR PLACE Or- SUISINESS COM B FS A RECEIPT Danise D. He"Tiquez, CFC$r T'aX ColliectDr T1,11S IS ONLY A TA)),,, L MiEN VALIDATED PO Dox 1129, Key West", FL 330,1:1 YOU M MIS T MEE7," AL COUNTYANWOR MUNICIPALITY PLANNING AND ZONING MQUIREMDITS, w z v-3 M�Cl Z -J, 41........ I,-,- d-j P lo�',El " Etc "dw UT 01" to I'ma C) i-fl CY I-1 �1 P11 C) fri (D U,o to rf) H 121, Lo,0 tz I&-q M C, R. CD I C1 to C, 171 0 1;1 f.:)I ij rt h, Pd .1 UJ . w llb rV �p Cl GO Q �j M ar. Pl z or I-Ro I n rn v"I'M 0 rn rn 1p '71 txf J1 7 rn N1 F.5 2 bd U1 1A 1 En lid 1-4 0 14"P, pl,tv U -4 o G"c Ppy"I !2/4 tA t7l to U.3 In mud, m i.. muuuouu�wm muw�w»mmmuumm,�rwt„+��u m�'e.. � F r"•ii C>a CO 2 ev 6•adH � r c d r U p raw :�� d rt Cf Ell rD ll ux � d C Ong iN C" 47171 rTl ' V �m c, a�Pa i� mom x�a„a a�xirr i�k��i ew mw a��a wnw iyum mx w a ma,w,mwnv mm, �n,v,mw U1 Id2N�'iMU1NPWi!WHIM,'4VOIGIIIWWAVIOVi�11iV44'NNANdAdMQ�iAOflM ryp;ywtlDpM11V9� uq Hx�,........ IWWIVIIIIIIII'iriMiftt@VIRII--� .n......ot.xrvp. I .... .... ...W4 .........1NIftlN1d4F 'Io 'r1"', d,, .,, 1VM wani�b�y.A%IWtAd.... State p5wwWwwY(Nvu�WWON'd A4tt(65.wq�y,�;,wyrvmRy I AWtesa rfw,'it s -Floridaof State Board of Professional Engineers Attests that Innovative Engineering Group Inc € aushorized under the provisions of Sectiptn'471,023J16ri€la Statutes, to offer engineering services is t^e public through a Professional Engineer, duly licensed under Chapter 471,Florida Statutes. &-: evon:2/28/2015 CA Lic. No. _Azacz:N-o- 228201500069 Certificate of Authorization 6717 4 State "f FloriLda . Board of Professional Engineers Attests that dud=lair Kurinc r up a- RE. Is licensed as a Professional Engine er sander Chapter 471, Florida Statutes -K.,rarion: 2128/2015 P.E. Lic.No: ;.Fd£ a: 2282015007-17 29189 jjj DocumentlJon MITCHELL PLANNING & DESIGN, INC. Numbor P101000015794 FEIMIN Number 27'1970636 Date Filed 2/1 / ' t n State FL Status IME 15450 S E 'I 03RD, PLACE ROAD Changed: / 5/20111 UO BARKER SPICES, PO BOX 12 KEY WEST, FL HARKER,, O LD KEY WEST, Fl. 3304.0 Name & Address TH,f PRES ffCH ELL, BARBARA, Report Year Filed Date 0-811 H M 1 ,Sta.t e q, T 7.otehia epartment Of."Istatelp I eerti T from, t'llile records of this office Lhot LA1\11)WISE DI-11"ISICIN, INC is a corporation organized under the law's ofthe Sta(e of Florida, filed, on Attgust 2, 2004, effective July 30, 2004 The ofthis corporation is P0400,0112416- I filither cert if:, thw. said corporat"i,on has paid all, I'ees due this oflkethf011gh December, 31, 2013, that its, rnost recent annual business report was filed on April 11, 2013, arid. its status is active,. I itrther certifv that sa4d corp ors tion bas not filed Articles ofl)isso lution. Upen uirder fftj Jujud wid the Greg, yfalr of Florida at Telffidgmsee, the Cupited, 11th theElespenth (ky,ql'A'pril, 2013 f . ................... Slecretaly of State ............. 'To Hudinificate this onliftart,visit the following sitelenter this ID,and thvwi r(alow the wsirructions,cfisplayed,, ................... ��.,G,��9i,M,'J ���NIDII���i`lYt1d ,.,/ ) / 1 io�ra,n�ai, ,..a V,� aU � f 9f�-:,rd -";i?^ !!.�+,1 ..y, f.,r ui,,FUf.,,u✓,nrrat»ui�»rn,n,:r i ,rrylry l � U / f �; �11 V/d r rff1,`rmrnP!1l��1,rra,N�GrI'r Ufei rL/wa✓nrrdio7rr//��'I a,rltrnlrf,relli„em niA.�/l1l O�rG/�,rrUa�i/))a I DEPARTMENT Of BUS NE M m AND PROFESSIOMAL REGULATrWi I , �. ..� R(� ,','H r r .... �. _ . . ..m..e.,., pr(011in ions of chapter In QUALIFIED PROFESSIONAL MANGROVS rRlkkR gg u.�..�k�U, ,'�.m:Y f 1�'�YN n�,N��,� wwJi A��'� FL 32210 RICK SC OTT pTT K E jWmj L+ W = _F�, r � .� N [[ �7 ( y r h m Tie, I�!`M1IY C �,�a' rA,q Y P�'E�.1 ndY �V II��� V N � I,_J���r/I,� ��Il p'a hr�"�dmrv�Pw MGM: r EXHIBIT "A" WMLI"P. HORN ARCHITECT, P.A. License No.AA 0003040 ;F-915 EATON STREET,KEY WFST,FLORIDA 33040 PHONE:305-296-8302 FAQ;:305-296-1033 Date. 9/27/13 To: David R.Hill Director of Project Management Monroe County Re: 2013 Hourly Rates Bernstein Park Contract Dear Mr.Dill, Please see the following hourly rates below. List of Subcontractors: MEP Engineer-Innovative Engineering Group Civil Engineer Perez Engineering& Development,Inc. Structural Engineer-Thomas Timmins,PE Landscape Architect-Landwise Design,Inc. Planner-Mitchell Planning&Design,Inc. Sustainability Consultant-Trifecta Construction Solutions Our standard hourly rates are as follows: Architect: Principal Architect $225.00/hr Architect $150.00/hr Intern Architect $125.00/hr Draftsperson $95.00/hr Structural Engineer: Structural Engineer $150.00/hr MEP Engineer: Engineer $150,00/hr Drafting $75.00/hr Civil Engineering: Principal Civil Engineer$150.00/hr Senior Civil Engineer $120.00/hr Civil Engineer $100.00/hr Drafting $85.00/hr Landscape.Architect: Landscape Architect $150.00/hr Landscape Designer $100.00/hr Planner; Principal Planner $150.00/hr Sustainahilty Consultant: Principal $180.00/hr Sr.Project Manager $M.00/hr Project Manager $95.00/hr Research.Associate $75.00/hr Office Manager $45.00/hr Please call if you have any questions. We are looking forward to working with you. Sincerely WiLUAM ORN ARCHITECT, P.A. William P.Horn, Principal OP ID: NF CERTIFICATE OF LIABILITY INSURANCE DAPE(MyIIDDiYYYV) 01/02/13 THIS CERTIFICATE IS.ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorseme s. PRODUCER 305-294-6677 NA116.CT The Fullers,Inc 305-2924641 PHONE �ff No l. 1432 Kennedy Drive E-MAIL Key West,FL 33040 AQDRIESS' RODUCER Norm can Fuller ID,,HORNW-1 INSURERS AFFORDING COVERAGE NAIL A INsur:En William P Hom Architect PA INSURER A:Florida Retail Federation Bill Hom INSURER 6: 915 Eaton St. Key West,FL 33040 INSURERC: INSURER D: INSURER E:" INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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. IlT TYPE OF INSURANCE POLICY NUMBER MNWQIYY M/DD LIMITS GENERAL LABILITY EACH OCCURRENCE $ DAMAGE a COMMERCIAL GENERAL LIABILITY PREMISES as occulREATE� $ CLAIMS-MADE F1 OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ PENPOLICY L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ BODILY INJURY(Per person) $ All OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Peroodaient) $ NON-OWNED AUTOS $ $ UMBRELLA LIAR _F]TOCAUR EACH OCCURRENCE $ EXCESS LIAB ES MS-MADE AGGREGATE S ��_ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- X OTH- AND EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE V/N 5520-40146 01/01/13 01101/14 E.L.EACH ACCIDENT $ 11000100 OFFICERIMEMBER EXCLUDED? ® N/A (11111antlal6ry in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,00 Ityyaass describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00 F7T DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 10%Additional RemalUs Schedule,If more space Is mquirsd} CERTIFICATE HOLDER CANCELLATION MONRCON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of CountyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WI THE POLICY PROVISIONS. Commissioners 1100 Simonton Street AUTHORIZED REP Key West,FL 33040 Norman Fulie 01 - 0 9 CORD CORPORATION. All rights reserved. ACORD 26(2009/09) The ACORD name and logo are registered marks f A ORD ACQ OP ID:NF +....� CERTIFICATE OF LIABILITY INSURANCE DATEIld"DIYWY) THIS CERTIFICATE !$ISSUED AS A MATTER OF INFORMATION ONLY AND CONF 08/ZO/13 ERS NO RIGHTS UPON THE CERTIFICATE H OLDER.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(St AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT: N the crortlflcats holder Is an ADDITIONAL INSURED,the PORCy(Ies)must be indorsed. If SUBROGATION IS WAIVED,subject to the farms and conditions of the policy,Certain policlas may require an endorsement. A Statement on this cerNests does not Confer rights to the Certificate holder In lieu of such endomeman e). PRODUCER 306-294-6e77 cON naT The Fullers,Inc 305-292.4641 NB 1432 Kennedy Drive No. Key West,FL 33040 Norman Fuller HORNW t INaU 8 NO COVERAGE NAIL a I'�"'�D William P Hom Architect PA BRSURERA:First Community Insurance Co. 13990 Bill"am 913 Eaton St, INaURM B: Key West,FL 33040 INWRERC: INSURER D: INSURER G. i covERAGEs N THIS 15 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. 1LT. TYPE Olt INSURANCE TNUMBER I uMrra oENERAL LJae1uTY EACH OCCURRENCE $ 100,00 A COMMERCIALGENERALLIAINUTY X 090004902095809 09MIM3 t19121M4 9 B 50,0 CLAIM64MADEM OCCUR MED E(P one weon S S, x Baelnaes Owrgre PERSONAL&AM INJURY $ GENERALAWREGATE $ 2,OW.00( GEN'L AGGREGATE LIMITAPPLIESPER: PRODUCr8-COMPRIPAGO S X POLICY P LOC S AUTOMONLE LIABILITY *NIA . COMBINED 81NOLE LIMrr ANYAUTO (En ALL OWNED AUTOS AABODILYINJURY(Perpwean) t SCHEDULED AUTOS D BODILY INJURY(Pr*mWen!) IHIRED AUTOS WAPROPERTY DAMAGE S IPeracrJdnd) NON-OWNEDAUTOS S i UMBRELLA LJABL_J OCCUR EACH OCCURRENCE EXCESS W1B CWM&MADE AGGREGATE S DEDUCTIBLE f R WORKlRSCOMPlNaATION S AND Emn oymw UJUNUTY WC STA7Lti OTIf- OFFFF EMS EXCLUDED? �IVE yIM EL ❑ MIA E.L.EACH ACCIDENT S If d dame ua In NN)undo If E.L.DISEASE-EA ELVLOYEF S RIPTION OF OPERATIONS below EL DISEASE-POUCYUNR S architrchitectctDESCRIPTI OF OPERATIONSf LOCATIONS I VEINCLES(Aawh Aeon 101,AdMonel Remedw Safledufe.11MWS epeoe b ngta" CERTIFICATE HOLDER CANCELLATION MONRCON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County THE ACCORDANCE WITH TH6 HE PROVISIONS. F, NOTICE WILL BE DELIVERED IN Commissioners 1100 Simonton Street AUTHORMREPREBENT Key West,FL 33040 Norman Fuller ®� 2 CORPORATION. All rights reserved. ACORD 25(2009l09) The ACORD name and logo are registered marks D OP ID.NF ,� -���►• CERTIFICATE OF LIABILITY INSURANCE DATE(MM/0DIYYYY) ns;rz�w� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANo CONI;ERS 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 INSURANgE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUNG INSURERS), AUTI.IORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder Is an ADDITIONAL INSURED,the poilcy(ies)must be endorsed, ti SUBROGATION IS WAIVED,subject to the terms and conditions of the polloy:certain policies may require an endorsement. A statement on this ceriiflcate does not canter rights to the certificate holder in lieu of such endomemen s. PRODUCER 365-29"877 The Puffers,Inc 30&292-041 PNONE 1432 Kennedy Drive INN . Key West,FL 33040 SmIg.-HORNW11 Norman Fuller 1 ' s AfFDRDINe co>rEwktiE NAIL a INSUREo William Horn MRERAprogressive 161 Key Haven Rd. wsURERe Key West,FL 33040 INSURER C. INSURER 0- INSURER E- U E COVERAGES CERTIFICATE NUMBEW R 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 IFY PAID CLAIMS. TYPEOPINSgRANCE C NUMBPOLICY UP CYEXP LieTS GENERAL UA8IUTY + R EACH OCCURRENCE s COMMERCWI GENERAL LIABILITY WA $ CLAIMS.MADE D OCCUR MEDEXP{AnyensPpeen) S PERSONALAAWIWURY S GENERAL AGGREGATE $ GEN'LAWREGgTSLIMITAPPLIESPER PRODUCTS-CDMPtOPAGG $ P PR Lac S AUTOMOSILe L OUTY X COMBRdED 3INGL£LIMIT 3 1,p00,00 A ANYAUTo 2158316.E 05/29113 06129/14 pacew") ALL pWNEDAUTOS BODILY INJURY(Per person) S BODR.YINJURY(Persoddanr) S X SCHEDULWAUTDS PROPERTY DAMAGE X HIRED AUTOS (Paraeeident) 3 X NON-OWNEoAUT0S S s UMBRELLA LIARHCLA,,,,4,.E OCCUR EACH pCOURRENCE $ 6XCESSLAS AGGREGATE 3 DEDUCTIBLE a RETENTION3 WORKERS COMPENSATION YYC STA OTH• AND EMPLOYERS`LIASU" IEXHClrTIVE ANYPROPRIETURIPARTNER YIN ER OFFICERIMEMSER EXCLUDED? � NIA E L EACHACCIOENT 3 (Maeftery In NH) Udaeeribsundae E.L.DISEASE-EA EMPLOY 3 RIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT 3 DESCRIPTION OF OPERATIONS I LOCAMONS t UEHICr,E6(ADDegI ACORD 101,Additional Ramadrs Schsduls,If more space Is raqub" 2012 Nissan Frontier S PU 1NSAD0ER8CC464279 CERTIFICATE HOLDER CANCELLATION MONRCON SHOULD ANY OF THE ABOVE!DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Coup Board of County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ACCORDANCE VVITHTNIE POLICY PROVISIONS. Commissioners 1100 Simonton Street AUTIDORIPEO REPRE$EIIT B Key West,FL 3304A Norman Fuller 1988- Of& RD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of CO 0 Client#: 16 _r12 W—LIP4 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATED/YYYY) Q8/22/222/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIf N'ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: USI Insurance Services, LLC PHONE F A/C No Ext:813 321-7500 A/c No; 813 321-7525 1715 N.Westshore Blvd.Suite 700 E-MAIL ADDRESS: Tampa, FL 33607 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Liberty Insurance Underwriters 19917 INSURED INSURER B William P.Horn,Architect, P.A. 915 Eaton Street INSURER C: Key West, FL 33040 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY.PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LT R TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM/DD MM/DD GENERAL LIABILITY. - EACH OCCURRENCE $. COMMERCIAL GENERAL LIABILITY r DAMAGE TO RENTED PREMISES Ea occurrence $ CLAIMS-MADE OCCUR BY MED EXP(Any one person) $ W� - /A .I�— PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY 1. El LOC $ ECT AUTOMOBILE LIABILITY COBED SINGLE LIMIT Ea M accINident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Peraccident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY T Y/N ORY I _ - .__ ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional AEA1015530001 08/20/2013 08/20/2014 $2,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Professional Liability coverage is written on a claims-made basis. Project:Stock Island Fire Station. CERTIFICATE HOLDER CANCELLATION 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 Street AUTHORIZED REPRESENTATIVE Key West, FL 33040 en ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S10837684/M10837680 KEBEW