Item C13
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 16th 2009
Division: County Administration
Bulk Item: Yes ~ No
Department: Proiect Management
Staff Contact Person/Phone #: Jerry Barnett/292 4416
AGENDA ITEM WORDING: Approval to award and execute AlE Continuing Contract with
William P. Horn Architects, P.A. for Architectural/Engineering Services for projects in which
construction costs do not exceed $2,000,000.00 commencing on the effective date of this contract and
ending four years thereafter, with options for owner to renew on an annual basis for two additional
years.
ITEM BACKGROUND: On October 21, 2009, BOCC approved negotiations with the top four
ranked firms. Firms listed as the top four were the following: (1) CH2MHill Inc., (2) MBI/K2M
Architecture, Inc. and (2) William P. Horn Architects, P.A., (4) Currie Sowards Aguila Architects.
PREVIOUS RELEVANT BOCC ACTION: On Sept 25,2009, a Selection Committee held a Public
Meeting to score and rank qualifications of 26 Architect/Engineers responding to the County's RFQ.
Ranking order of the top four selected firms are as follows: (1) CH2MHill Inc., (2) MBI/K2M
Architecture, Inc. and (2) William P. Horn Architects, P.A., (4) Currie Sowards Aguila Architects.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:
N/A
INDIRECT COST: N/A BUDGETED: Yes N/A No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY:
N/A
SOURCE OF FUNDS: N/ A
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
- \J~ .
APPROVED BY: County Atty~ ~urchaSing _ Risk Managemen~
DOCUMENTATION: Included X NotRequired_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Wm P Horn, ArchitectPA Contract #_
Effective Date: 12-16-09
Expiration Date: 12-16-13
Contract Purpose/Description:
For Architectural/Engineering Services for projects in which construction costs do not
exceed $2,000,000.00 with an option to renew on an annual basis for two additional
years.,
Contract Manager: Ann Riger X4439 Project Management/Stop 1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 12/16/09 Agenda Deadline: 12/1/09
CONTRACT COSTS
Total Dollar Value of Contract: $ .N/A
Budgeted? YesD No [2J Account Codes:
Grant: $ N/A
County Match: $ N/ A
Current Year Portion: $ N/ A
N/A-_-_-_-_
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc,)
CONTRACT REVIEW
Changes
~/1iP, ( Needed
Division Director ~q YesO No
Risk Man~me'R 1t2:' lyesO NoEl
J.{jBjPurCh~g\H.\ >D~YesONod- ~~~
CountyAttomey ".~..O'l YeSONO~~
Date Out
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'1
Comments:
OMB Fonn Revised 2/27/01 MCP #2
CONTRACT FOR
PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECT/ENGINEER
THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND
ARCHITECT/ENGINEER (the "Contract" or "Agreement") is made and entered into by
Monroe County ("Owner" or "County"), a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040, its successors and
assigns through the Monroe County Board Of County Commissioners ("BOCC"), and
William P. Horn, Architect, P.A. , the ("Architect")., whose address is 915 Eaton St,
Key West, FL 33040, its successors and assigns.
This contract shall be effective on the date of execution by the last party signatory to the
contract.
This contract is issued as a continuing contract pursuant to Florida Statute 287.055(2) (g).
The professional services required by this Contract are to be rendered for projects in
which the estimated construction costs of each individual project under the contract does
not exceed Two Million Dollars ($2,000,000.00), or for study activity if the fee for
professional services for each individual study under the contract does not exceed Two
Hundred Thousand Dollars ($200,000.00).
The parties shall enter into a separate contract for each project awarded to the Architect
by the Owner. The specific services to be performed under these separate contracts will
be determined by the Owner and agreed to by the Architect. Each separate contract will
contain specific scope of work, time schedule, charges and payment conditions, and
additional terms and conditions applicable to that specific contract. Architect will be
chosen pursuant to Owner policy and work will be distributed among all contractors who
have signed a continuing contract.
The professional services required by this contract will be for services in the form of a
continuing contract, commencing on the effective date of this contract and ending four
years thereafter, with options for Owner to renew on an annual basis for two additional
years.
The terms and conditions of this Contract shall apply to any separate contract, unless
expressly modified in the provisions of the separate contract. Where the terms of this
Contract differ from the terms of the separate contract, the terms of the separate contract
shall take precedence. The separate contract will contain its specific scope of work and it
is anticipated by this Contract that the scope of work in the separate contract will be in
addition to the scope of work outlined in this Contract
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the sufficiency
of which hereby acknowledged, the Owner and the Architect agree:
FORM OF AGREEMENT
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Contract, Architect makes the following express representations and
warranties to the Owner:
1.1.1 The Architect is a professional qualified to act as the Architect for the Project and
is licensed to practice Architecture/Engineering by all public entities having jurisdiction
over the Architect/Engineer and the Project;
1.1.2 The Architect shall maintain all necessary licenses, permits or other
authorizations necessary to act as Architect for the Project until the Architect's duties
hereunder have been fully satisfied;
1.1.3 The Architect shall become familiar with the individual Project site and the local
conditions under which the Project is to be designed, constructed, and operated prior to
entering a separate contract for any specific Project.
1.1.4 The Architect shall prepare all documents required by this Contract including, but
not limited to, all contract plans and specifications, in such a manner that they shall be in
conformity and comply with all applicable law, codes and regulations. The Architect
warrants that the documents prepared as a part of this Contract will be adequate and
sufficient to accomplish the purposes of the Project, therefore, eliminating any additional
construction cost due to missing or incorrect design elements in the contract documents;
1.1.5 The Architect assumes full responsibility to the extent allowed by law with
regards to his performance and those directly under his employ as Architect of Record.
1.1.6 The Architect's services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Work. The Architect shall
submit, for the Owner's and Monroe County Project Management Department's
information, a schedule for the performance ofthe Architect's services which may be
adjusted as the Project proceeds if approved by the Owner, and shall include allowances
for periods of time required for the Owner's and Monroe County Project Management
Department's review, and for approval of submission by authorities having jurisdiction
over the Project. Time limits established by this schedule and approved by the Owner
may not be exceeded by the Architect except for delay caused by events not within the
control of the Architect or foreseeable by him.
1.1.7 In providing all services pursuant to this agreement, the Architect shall abide by
all statutes, ordinances, rules and regulations pertaining to, or regulating such services,
including those now in effect and hereinafter adopted. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this agreement and
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shall entitle the COUNTY to terminate this agreement immediately upon delivery of
written notice of termination to the Architect.
ARTICLE II
SCOPE OF ARCHITECT/ENGINEER'S BASIC SERVICE
2.1 DEFINITION
2.1.1 Architect's Basic Services consist of those described in Paragraphs 2.2 through
2.8, and other services identified as part of Basic Services, and include normal, civil,
structural, mechanical, and electrical engineering services.
2.1.2 The Design for Construction shall include, but shall not necessarily be limited to,
plans and specifications which describe all systems, elements, details, components,
materials, equipment, and other information necessary for construction. The Design for
Construction shall be accurate, coordinated and in all respects adequate for construction
and shall be in conformity, and comply, with all applicable law, codes, permits, and
regulations. Products, equipment and materials specified for use shall be readily
available unless written authorization to the contrary is given by the Owner. The
Architect shall be responsible for designing the Project in accordance with the analyses
and recommendations of the geotechnical information furnished by the Owner.
2.1.3 These services shall include, but not be limited to: Preparation and completion of
the design program for space requirements and relationships, schematic design, design
development, preparation of contract documents for bids, preparation and advertisement
for Request for Bids, tabulation and review of bids, recommendation of contract awards,
cost estimating during design and document preparation, administration of contract
documents, consultation and on-site inspections during construction, review and
recommend approval of contractor invoices, preparation and submittal of permit
applications, zoning applications, public presentations and presentations to the County
Commission. Architect shall arrange his schedule in order to be available to perform the
listed services for one or for several projects if requested by COUNTY and with the
understanding that for any individual project the construction costs will not exceed the
limits under F.S. 287.055 (2)(g).
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall review the County's program, schedule and construction
budget furnished by the Owner to ascertain the requirements of the Project and shall
arrive at a mutual understanding of such requirements with the Owner.
2.2.2 The Architect shall review with the Owner and Monroe County Project
Management Department's proposed site use and improvements, required permits,
zoning, selection of materials, building systems and equipment; and method of Project
delivery.
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2.2.3 The Architect shall review with the Owner and Monroe County Project
Management Department's alternative approaches to design and construction of the
Project.
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget
requirements, the Architect shall prepare, for approval by the Owner, Schematic Design
Documents consisting of drawings and other documents illustrating the scale and
relationship of Project components.
2.2.5 Upon completion of the Schematic Design Phase, the Architect shall provide
drawings, outline specifications, estimate of anticipated cost in accordance with the
schematic designs, and other documents for the Owner's approval and the Monroe
County Project Management Department's information.
2.2.6 The Schematic Design must be approved in writing, by the Owner prior to
Architect continuing to the Design Development Phase.
2.3 DESIGN DEVELOPMENT/DOCUMENT PHASE
2.3.1 Upon completion of the Design Development Phase, the Architect shall provide
drawings, outline specifications and other documents for the Owner's approval and the
Monroe County Project Management Department's information. The Architect shall
provide an estimate of anticipated costs in accordance with the design development
phase.
2.3.2 The Design Development Documents must be approved in writing, by the Owner
prior to Architect continuing to the Construction Documents Phase.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 The Architect shall provide Drawings and Specifications for the Owner's and the
Monroe County Project Management Department's review.
2.4.2 The Architect shall assist the Owner and Monroe County Project Management
Department in the preparation of the necessary bidding information, bidding forms, the
Conditions of Contracts, and the forms of Agreement between the Owner and the
Contractors.
2.4.3 The Architect's construction documents (plans, specifications, etc.) will conform
to all written codes and regulations of the federal government, county, state,
municipalities, agencies and state departments, in effect at the date of this Agreement,
and shall be of such completion as to receive all permits when applied for. If permits are
4
denied, then the Architect will conform the construction documents in such manner to
receive permits upon such plans. Work required from the Architect to conform the
documents to federal, state, city, county, or agency specifications and permit
requirements to allow them to be approved shall be completed at no charge or cost to the
Owner.
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect, following the Owner's approval of the Construction Documents
and the Architect's latest estimate of Construction Cost, shall assist the Monroe County
Project Management Department in obtaining bids or negotiated proposals and assist in
preparing contracts for construction.
2.5.2 The Architect shall assist the Monroe County Project Management Department in
issuing bidding documents to bidders and conducting pre-bid conferences with
prospective bidders. The Architect, with the assistance of the Monroe County Project
Management Department, shall respond to questions from bidders, and shall issue
addenda.
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE
CONSTRUCTION CONTRACT
2.6.1. The Architect's responsibility to provide Basic Services for the Construction
Phase under this Agreement commences with the award of the Contract for construction
and terminates with the issuance to the Owner of the final Project Certificate for Payment
including the submission of all project close-out documents by the Architect and
Contractor. The Architect will administer the Owner's contract as provided for in that
document. The Architect agrees to perform a project check prior to the end of the
warranty period as a part of the contract. The check shall not exceed one working day
unless additional time is approved by the Owner.
2.6.2 The Architect shall at all times have access to the Work whenever it is in
preparation or progress.
2.6.3 The Architect shall, as contemplated herein and in the Construction Contract, but
not otherwise, act on behalf, and be the agent, of the Owner throughout construction of
the Project. Instructions, directions, and other appropriate communications from the
Owner to the Contractor shall be given to the Contractor by the Architect or Monroe
County Project Management Department.
2.6.4 The Architect shall have authority, after notification to the Monroe County
Project Management Department to reject Work, which does not conform to the Contract
Documents.
2.6.5 The Architect shall review and sign or take other appropriate action on Change
Orders and Construction Change Directives prepared by the Monroe County Project
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Management Department for the Owner's approval and execution in accordance with the
Contract Documents.
2.6.6 The Architect shall promptly provide appropriate interpretations as necessary for
the proper execution of the work as long as there is no change in Contract price.
2.6.7 The Architect shall require inspection or re-inspection and testing or retesting of
the work, to include architectural/engineering, structural, mechanical and electrical
engineering portions of the work, in accordance with the provisions of the Construction
Contract whenever appropriate.
2.6.8 The Architect, assisted by the Monroe County Project Management Department,
shall conduct inspections to determine the dates of Substantial Completion and the date
of Final Completion.
2.6.9 The Architect shall interpret and decide matters concerning performance of the
Contractor under the requirements of the Contract Documents upon written request.
2.6.10 Interpretations and decisions of the Architects shall be consistent with the intent
of and reasonably inferable from the Contract Documents and shall be in writing or in the
form of drawings and submitted on proper Construction Change Directives.
2.6.11 The Architect shall render written decisions within a reasonable time on all
claims, disputes or other matters in question between Owner and Contractors relating to
the execution or progress of the Work as provided in the Contract Documents.
2.6.12 Duties, responsibilities and limitations of authority of the Architect shall not be
restricted, modified or extended without written agreement of the Owner and Architect.
2.6.13 The Architect shall be a representative of and shall advise and consult with the
Owner (1) during construction until final payment to the Contractor is due and (2) as a
Basic Service at the Owner's direction from time to time during the correction period
described in the Contract for Construction.
2.6.14 The Architect shall transmit to the Owner all manuals, operating instructions, as-
built plans, warranties, guarantees and other documents and things required by the
Construction Contract and submitted by the Contractor.
2.6.15 The Architect shall not have control over or charge of and shall not be responsible
for construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work, since these are solely the
Contractor's responsibility under the Contract for Construction. The Architect shall not
be responsible for the Contractor's schedules or failure to carry out the work in
accordance with the contract documents. The Architect shall not have control over or
charge of acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons performing portions of the work.
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2.6.16 The Architect shall make available to the Owner any personnel or consultants
employed or retained by the Architect for the purpose of reviewing, studying, analyzing
or investigating any claims, contentions, allegations, or legal actions relating to, or arising
out of, the design or construction of the project.
2.6.17 The Architect shall review any as-built drawings furnished by the Contractor and
shall certify to the Owner that same are adequate and complete.
2.6.18 The Architect shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the Architect or its
consultants, or both.
2.6.19 The Architect must reimburse the Owner for any added costs paid by the Owner
during construction that were incurred as the result of any omission, deficiency, or
conflict in the work product of the Architect, its consultants, or both. This added expense
is defined as the difference in cost from that which the Owner would have paid if the
work was included in the bid, and the actual cost presented by the Contractor.
ARTICLE III
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article III are not included in Basic Services. They
shall be paid for by the Owner as provided in this agreement as an addition to the
compensation paid for the Basic Services but only if approved by the Owner before
commencement, and as follows:
A. Providing services of Architect for other than the previously listed consulting
scope of Project provided as a part of Basic Services.
B. Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted consulting
practice.
C. Providing representation before public bodies in connection with the Project,
upon approval by the Owner.
3.2 If Additional Services are required, such as those listed above, the Owner
shall issue a letter requesting and describing the requested services to the Architect. The
Architect shall respond with fee proposal to perform the requested services. Only after
receiving an amendment to the Agreement and a notice to proceed from the Owner
proceed with the Additional Services.
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ARTICLE IV
OWNER'S RESPONSIBILITIES
4.1 The Owner shall designate Monroe County Project Management Department to
act on the Owner's behalf with respects to the Project. The Owner or Monroe County
Project Management Department shall render decisions in a timely manner pertaining to
documents submitted by the Architect in order to avoid unreasonable delay in the orderly
and sequential progress of the Architect's services. However, the parties acknowledge
that due to Monroe County Policy, Ordinances or State or Federal Statute there may be
times when a decision must be made by the BOCC, in which case any delay shall not be
attributed to Monroe County or its representative.
4.2 Prompt written notice shall be given by the Owner and Monroe County Project
Management Department to the Architect if they become aware of any fault or defect in
the Project or non-conformance with the Contract Documents.
4.3 The Owner shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
Architect's services and work of the contractors.
4.4 The Owner's review of any documents prepared by the Architect or its consultants
shall be solely for the purpose of determining whether such documents are generally
consistent with the Owner's criteria, as and if, modified. No review of such documents
shall relieve the Architect of responsibility for the accuracy, adequacy, fitness, suitability
or coordination of its work product.
ARTICLE V
CONSTRUCTION COST
5.1 The Construction Cost, if applicable, shall be defined in a contract for the specific
Project.
ARTICLE VI
INDEMNIFICATION AND HOLD HARMLESS
6.1 The Architect covenants and agrees to indemnify and hold harmless
Owner/Monroe County and Monroe County Board of County Commissioners from any
and all claims for bodily injury, including death, personal injury, and property damage,
including property owned by Monroe County, and any other losses, damages, and
expenses, including attorney's fees, court costs and expenses, which arise out of, in
connection with, or by reason of services provided by the Architect or its
Subcontractor(s), occasioned by the negligence, errors, or other wrongful act or omission
of the Architect, their employees, or agents.
6.2 The first ten dollars ($10.00) of remuneration paid to the Architect is for the
indemnification provided for above. Should any claims be asserted against the County by
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virtue of any deficiency or ambiguity in the plans and specifications provided by the
Architect, the Architect agrees and warrants that he shall hold the County harmless and
shall indemnify him from all losses occurring thereby and shall further defend any claim
or action on the County's behalf.
6.3 In the event the completion of the project (to include the work of others) is delayed
or suspended as a result of the Architect's failure to purchase or maintain the required
insurance, the Architect shall indemnify County from any and all increased expenses
resulting from such delays. Should any claims be asserted against County by virtue of
any deficiencies or ambiguity in the plans and specifications provide by the Architect the
Architect agrees and warrants that Architect hold the County harmless and shall
indemnify it from all losses occurring thereby and shall further defend any claims or
action on the County's behalf.
6.4 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
6.5 This indemnification shall survive the expiration or early termination of the
Agreement.
ARTICLE VII
7.1 PERSONNEL
The Architect shall assign only qualified personnel to perform any service concerning the
project.
ARTICLE VIII
8.1 PAYMENT
Terms of payment will be governed by state guidelines and/or hourly rates to be approved
by the County. Hourly rates are provided in Exhibit A and are subject to annual
affirmation. Details of payment will be set out in the specific separate contract.
8.2 REIMBURSABLE EXPENSES
Shall be negotiated and agreed to prior to award of the separate contract, but only to the
extent and the amounts authorized by Section 112.061, Florida Statutes; however prior to
incurring any expense written approval for any reimbursable expense must be obtained
from the County.
8.3 BUDGET
8.3.1 The Architect may not be entitled to receive, and the County is not obligated to
pay, any fees or expenses in excess of the amount budgeted for this Agreement in each
fiscal year (October 1- September 30) by County's Board of County Commissioners. The
budgeted amount may only be modified by an affirmative act of the County's Board of
County Commissioners.
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8.3.2 AVAILABILITY OF FUNDS. If funding cannot be obtained or cannot be
continued at a level sufficient to allow for continued reimbursement of expenditures for
services specified in this Contract or in the separate contracts for individual projects, the
agreement may be terminated immediately at the option of the County by written notice
of termination delivered to the Architect. The County shall not be obligated to pay for
any services provided by the Architect after the Architect has received written notice of
termination, unless otherwise required by law.
8.3.3 The County does not guarantee Architect any specific amount of work or
contracts under this agreement. The parties shall enter into a separate contract for each
project awarded to the Architect by the County. The specific services to be performed
under these separate contracts will be determined by the County and agreed to by the
Architect. Each separate contract will contain specific scope of work, time schedule,
charges and payment conditions, and additional terms and conditions applicable to that
specific contract. Architect will be chosen pursuant to County policy and work will be
distributed among all contractors who have signed a continuing contract.
8.3.4 Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Board of County Commissioners and the
approval of the Board members at the time of contract initiation and its duration.
ARTICLE IX
9.1 APPLICABLE LAW
This contract is governed by and construed in accordance with the laws ofthe State of
Florida applicable to contracts made and performed entirely in the State. Venue for any
mediation, dispute conferences or litigation arising under this contract must be in Monroe
County, Florida. The Parties waive their rights to a trial by jury.
ARTICLE X
10.1 OWNERSHIP OF THE PRELIMINARY DESIGN AND THE DESIGN
FOR CONSTRUCTION
10.1 The Drawings, Specifications and other documents prepared by the Architect for
this project are instruments of the Architect's service for use solely with respect to this
project, and the Architect shall be deemed the author of these documents and shall retain
all common law, statutory and other reserved rights, including reproducible copies, of the
Architect's Drawings, Specifications and other documents shall not be used by the Owner
or others on other projects except by agreement in writing and with appropriate
compensation to the Architect.
10.1.2 Submission or distribution of documents to meet official regulatory requirements
or for similar purposes in connection with the project is not to be construed as publication
in derogation of the Architect's reserved rights.
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10.1.3 The As-Built drawings and specifications may be furnished by the Architect to the
Owner in electronic format in addition to the original As-Built documents.
10.1.4 The Owner may utilize the construction documents, As-Built documents, etc. as
required for reference on any necessary future work on the site, and for constructing,
using and maintaining the Project.
ARTICLE XI
11.1 SUCCESSORS AND ASSIGNS
The Architect shall not assign its right hereunder, excepting its right to payment, nor shall
it delegate any of its duties hereunder without the written consent of the Owner. The
Owner and Architect, respectively, bind themselves, their partners, successors, assigns
and legal representatives to the other party to this Agreement and to the partners,
successors, assigns and legal representatives of such other party with respect to all
covenants of this Agreement.
ARTICLE XII
NO THIRD PARTY BENEFICIARIES
AND INDEPENDENT CONTRACTOR RELATIONSHIP
12.1 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, between
the parties which creates or gives rise to any rights in favor of, any third party.
12.2 INDEPENDENT CONTRACTOR RELATIONSHIP
The Architect is and shall be an independent contractor in the performance of all work,
services, and activities under this Agreement and is not an employee, agent or servant of
the County. The Architect shall exercise control over the means and manner in which it
and its employees perform the work and in all respects the Architect's relationship and
the relationship of its employees to the County shall be that of an independent contractor
and not as employees or agents of the County. The Architect does not have the power or
authority to bind the County in any promise, agreement or representation other than such
power and authority that is specifically provided for in this Agreement.
ARTICLE XIII
13.1 INSURANCE
13.1.1 The Architect shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. Professional Liability Insurance
shall also be maintained as specified. In the event the completion of the project (to
include the work of others) is delayed or suspended as a result of the Architect's failure to
11
purchase or maintain the required insurance, the Architect shall indemnify the County
from any and all increased expenses resulting from such delay.
13.1.2 The coverage provided herein shall be provided by an insurer with an A.M. Best
Rating of VI or better, that is licensed to do business in the State of Florida and that has
an agent for service of process within the State of Florida. The insurance certificate shall
contain an endorsement providing thirty (30) days notice to the County prior to any
cancellation of said coverage. Said coverage shall be written by an insurer acceptable to
the County and shall be in a form acceptable to the County.
13.1.3 Architect shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida.
B. Employers Liability Insurance with limits of $1 00,000 per Accident, $500,000
Disease, policy limits, $100,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering
claims for injuries to members of the public and/or damages to property of
others arising from use of motor vehicles, including onsite and offsite
operations, and owned, hired or non-owned vehicles, with One Hundred
Thousand Dollars ($100,000.00) combined single limit and One Hundred
Thousand Dollars ($100,000.00) annual aggregate.
D. Commercial general liability covering claims for injuries to members of the
public or damage to property of others arising out of any covered act or
omission of the Architect or any of its employees, agents or subcontractors or
sub consultants, including Premises and/or Operations, Independent
Contractors; Broad Form Property Damage and a Contractual Liability
Endorsement with Five Hundred Thousand Dollars ($500,000.00) per
occurrence and annual aggregate.
E. Professional liability insurance of Five Hundred Thousand Dollars
($500,000.00) per claim and One Million Dollars ($1,000,000.00) annual
aggregate. If the policy is a "claims made" policy, Architect shall maintain
coverage or purchase a "tail" to cover claims made after completion of the
project to cover the statutory time limits in Chapter 95 of the Florida Statutes.
F. County shall be named as an additional insured with respect to Architect's
liabilities hereunder in insurance coverage identified in Paragraphs C and D.
G. Architect shall require its sub consultants to be adequately insured at least to
the limits prescribed above, and to any increased limits of Architect if so
required by County during the term of this Agreement. County will not pay
for increased limits of insurance for subconsultants.
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H. Architect shall provide to the County certificates of insurance or a copy of all
insurance policies including those naming the County as an additional insured
by including any subsection thereunder. The County reserves the right to
require a certified copy of such policies upon request.
ARTICLE XIV
TERMINA TION
14.1 Either party hereto may terminate this contract prior to expiration upon giving
seven (7) days written notice to the other in the event that such other party negligently or
for any reason substantially fails to perform its material obligations set forth herein. No
termination expenses shall be paid by the Owner after the date of notice of termination.
14.2 The Owner may terminate this Contract without cause by giving the other party
sixty (60) days written notice of its intention to do so. Termination expenses shall include
expenses available under the contract through the date on the notice of termination and
shall not include any additional services required in order to stop performance of
services, unless agreed to in writing by the County and subject to audit for the purpose of
verification.
ARTICLE XV
ENTIRE AGREEMENT
15.1 This contract constitutes of the form of agreement, the exhibits that are attached
and made a part of the contract, and the documents referred to in the form of agreement
as a part ofthis contract. In the event any conflict between any ofthose contract
documents, the one imposing the greater burden on the Architect will control.
15.2 A person or affiliate who has been place on the convicted vendor list following a
conviction for public entity crime may not submit a bid on contract to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for
the property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period
of36 months from the date of being placed on the convicted vendor list.
ARTICLE XVI
DISPUTE RESOLUTION
16.1 County and Architect agree that all disputes and disagreements shall first be
attempted to be resolved by meet and confer sessions between representatives of each of
the parties. If no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue or issues shall be submitted to mediation before a mediator
13
mutually agreed to by the parties. The cost of mediation shall be shared equally. The
parties agree that mediation is a condition precedent to the institution of legal or equitable
proceedings by either party. Request for mediation shall be in writing and sent to the
other party. The parties shall agree on a mediator to hear the dispute.
16.2 Mediation shall be held in Monroe County Florida in a location in Key West; the
location may be moved only by mutual agreement of the parties.
16.3 Agreements reached in mediation shall be reduced to writing and signed by the
representative of each party; however agreements must be approved by the Board of
County Commissioners to be enforceable. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction in Monroe County.
16.4 Nothing in this Agreement shall be construed to interfere with a subsequent order
from any court of competent jurisdiction ordering the parties to enter into mediation after
institution oflegal or equitable proceedings.
16.5 Arbitration is specifically rejected by the parties as a method of settling disputes
which arise under this agreement; neither of the parties shall be compelled by the other to
arbitrate a dispute which may arise under this Agreement.
ARTICLE XVII
Additional ReQuirements
17.1 The following items are part of this contract:
a) Architect shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement and
for four years following the termination of this Agreement. If an auditor employed by the
County or Clerk determines that monies paid to Architect pursuant to this Agreement
were spent for purposes not authorized by this Agreement, the Architect shall repay the
monies together with interest calculated pursuant to F.S. Sec. 55.03, running from the
date the monies were paid to County.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement
shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event that
any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the County and Architect agree that venue will lie in the
appropriate court or before the appropriate administrative body in Monroe County,
Florida. The Parties waive their rights to a trial by jury. The County and Architect agree
that, in the event of conflicting interpretations of the terms or a term of this Agreement by
or between any of them the issue shall be submitted to mediation prior to the institution
14
of any other administrative or legal proceeding, pursuant to Section XVI of this
agreement.
c) Severability. If any term, covenant, condition or provlSlon of this
Agreement (or the application thereof to any circumstance or person) shall be declared
invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement, shall not be affected
thereby; and each remaining term, covenant, condition and provision of this Agreement
shall be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Architect agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
d) Attorney's Fees and Costs. The County and Architect agree that in the
event any cause of action or administrative proceeding is initiated or defended by any
party relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees and court costs expenses, as an award
against the non-prevailing party, and shall include attorney's fees and courts costs
expenses in appellate proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Architect and their
respective legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by law. Each party agrees that it has
had ample opportunity to submit this Contract to legal counsel of its choice and enters
into this agreement freely, voluntarily and with advise of counsel.
g) Claims for Federal or State Aid. Architect and County agree that each
shall be, and is, empowered to apply for, seek, and obtain federal and state funds to
further the purpose of this Agreement; provided that all applications, requests, grant
proposals, and funding solicitations shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Architect agree
that all disputes and disagreements shall be attempted to be resolved under Section XVI
of this agreement. If no resolution can be agreed upon within 30 days after mediation,
then any party shall have the right to seek such relief or remedy as may be provided by
this Agreement or by Florida law.
i) Cooperation. In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution, performance, or breach
of this Agreement, County and Architect agree to participate, to the extent required by the
15
other party, in all proceedings, hearings, processes, meetings, and other activities related
to the substance of this Agreement or provision of the services under this Agreement.
County and Architect specifically agree that no party to this Agreement shall be required
to enter into any arbitration proceedings related to this Agreement.
j) Nondiscrimination. Architect and County agree that there will be no
discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any party,
effective the date of the court order. Architect or County agree to comply with all
Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights
Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC
ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of
age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-
616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.
690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from
time to time, relating to nondiscrimination on the basis of disability; 10) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
k) Covenant of No Interest. Architect and County covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict in any
manner or degree with its performance under this Agreement, and that only interest of
each is to perform and receive benefits as recited in this Agreement.
I) Code of Ethics. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers
and employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
m) No Solicitation/Payment. The Architect and County warrant that, in
respect to itself, it has neither employed nor retained any company or person, other than a
bona fide employee working solely for it, to solicit or secure this Agreement and that it
16
has not paid or agreed to pay any person, company, corporation, individual, or firm, other
than a bona fide employee working solely for it, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the Architect agrees that the
County shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
n) Public Access. The Architect and County shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters or other materials in
its possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the Architect and County in conjunction with this
Agreement; and the Architect shall have the right to unilaterally cancel this Agreement
upon violation of this provision by County.
0) Non-Waiver ofImmunity. Notwithstanding he provisions of Sec. 286.28,
Florida Statutes, the participation of the Architect and the County in this Agreement and
the acquisition of any commercial liability insurance coverage, self-insurance coverage,
or local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the
County be required to contain any provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents,
or employees of any public agents or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the County shall
apply to the same degree and extent to the performance of such functions and duties of
such officers, agents, volunteers, or employees outside the territorial limits of the County.
q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional
or Statutory Duties. This Agreement is not intended to, nor shall it be construed as,
relieving any participating entity from any obligation or responsibility imposed upon the
entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the
County, except to the extent permitted by the Florida constitution, state statute, and case
law.
r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any
third-party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the Architect and the County agree that neither the Architect nor the
County or any agent, officer, or employee of either shall have the authority to inform,
counsel, or otherwise indicate that any particular individual or group of individuals, entity
17
or entities, have entitlements or benefits under this Agreement separate and apart, inferior
to, or superior to the community in general or for the purposes contemplated in this
Agreement.
s) Attestations. Architect agrees to execute such documents as the County
may reasonably require including a Public Entity Crime Statement, an Ethics Statement,
and a Drug-Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall
be deemed to be a covenant or agreement of any member, officer, agent or employee of
Monroe County in his or her individual capacity, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or be subject to
any personal liability or accountability by reason of the execution of this Agreement.
u) Americans with Disabilities Act of 1990 (ADA). The Architect will
comply with all the requirements as imposed by the ADA, the regulations ofthe Federal
government issued thereunder, and the assurance by the Architect pursuant thereto.
v) Disadvantaged Business Enterprise (DBE) Policy And Obligation. It is the
policy ofthe County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this Agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its Architect
agree to ensure that DBE's have the opportunity to participate in the performance of the
Agreement. In this regard, all recipients and contractors shall take all necessary and
reasonable steps in accordance with applicable federal and state laws and regulations to
ensure that DBE's have the opportunity to compete and perform contracts. The County
and the Architect and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this
Agreement.
w) Execution in Counterparts. This Agreement may be executed in any
number of counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto may
execute this Agreement by singing any such counterpart.
18
x) Section Headings. Section headings have been inserted in this Agreement
as a matter of convenience of reference only, and it is agreed that such section headings
are not a part of this Agreement and will not be used in the interpretation of any provision
of this Agreement.
IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By:
Deputy Clerk
~"L2~g
TW ~/..~~-:~_E~:f,P:: \/'.. '~,A "::.FL
.~,-. ~..,-" ~, r.~-r.) "
I r.:..... ~ '(~ I. 1 I j / ~1 I n I '
\,.: J '.." " '. ~
L' '5 II - "::>.A_ ~"\.. __~..
-"'-'~~-~-Tv~r
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
Date:
t A~~Ht!~PA.
(INSERT NA of Architect) ) .
~
BY:~/
Sign re of Corporate Agent
Date:
~UIJ? w
Date: ~au
o~\)~
o~~\J 'S~
\c..s'\~ G~~~'),S~
~'0P\' . A ~. ,,\'V8 <"\\.)\.\.)
~ n-o.'-l\u- :0. :If v \.)~ I> \'f;c,.
~\O"\\"""" v _~ss\OOC'\. ,,(,'c,o.,
\.... ~~' rl\'i)JY' 'e;J\";\
: ~\..;v . c,;. ~o";\
~ E ~~ ~-,\\c,
-=-". "," \) I'J-V.
""'Hl\'''S) '\\\~
~o'f;\J'i)
END OF AGREEMENT
19
SECTION FIVE
INSURANCE REQUIREMENTS AND INDEMNIFICATION STATEMENT
Insurance ReQuirement
ReQuired Limits
Worker's Compensation
Statutory Limits
Employer's Liability
$100,000/$500,000/$100,000
General Liability
$100,000 Combined Single Limit
Vehicle Liability
$100,000 Combined Single Limit per
Occurrence/$I,OOO,OOO Aggregate
Architects Errors and Omissions Liability
$500,000 per occurrence/ $1,000,000
Aggregate
IDEMNIFICA nON AND HOLD HARMLESS FOR CONSULTANTS AND
SUBCONSUL T ANTS
The Architect/Consultant covenants and agrees to indemnify, hold harmless and defend
Monroe County, its commissioners, officers, employees, agents and servants from any
and all claims for bodily injury, including death, personal injury, and property damage,
including property owned by Monroe County, and any other losses, damages, and
expenses of any kind, including attorney's fees, court costs and expenses, which arise out
of, in connection with, or by reason of services provided by the Architect or Consultant
or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other
wrongful act or omission of the Architect/Consultant, including its Subcontractor(s) in
any tier, their officers, employees, servants or agents.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the Architect/Consultant's failure to purchase or maintain the
required insurance, the Architect/Consultant shall indemnify the County from any and all
increased expenses resulting from such delay. Should any claims be asserted against the
COUNTY by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Architect/Consultant, the Architect/Consultant agrees and warrants that
Architect/Consultant shall hold the County harmless and shall indemnify it from all
losses occurring thereby and shall further defend any claim or action on the County's
behalf.
The first ten dollars ($10.00) of remuneration paid to the Architect/Consultant IS
consideration for the indemnification provided for above.
20
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
WI L,/'I/I rn P, )JQI!t~
Respondent
RESPONDENT'S STATEMENT /
I understand the insurance that will be mandatory if awarded tp/contract and will comply
in full with all the requirements.,/
/'
/
~
Signa~re
-~~----.....
21
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the Architect named below. The following
deductibles apply to the corresponding policy.
POLICY
(77< /ltfar /,'4~,J,?-.-; (r 111,';)
i2P7f (areAS /,~.
w/L
I
o/e ~ de- /r~ b, J /+'1
DEDUCTIBLES
D
()
c)
C)
Liability policies are ~ccurrence
Sig~~~::Ma~
! ;UrM~rl ;::I!/
Insurance Agency
The Fullers Ins.
1432 Kennedy Dr.
Key West, FL 33040
Print Name:
22
SECTION SIX
COUNTY RESPONSE FORMS
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
GATO BUILDING, ROOM 1-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Addenda No.(s) Of'J1:! .J 1 ~ ()
I have included:
o The Response Form ~ J
o Lobbying and Conflict of Interest Clause ~
o Non-Collusion Affidavit 01
o Drug Free Workplace Form d J
o Respondent's Insurance and Indemnification Statement
o Insurance Agent's Statement ~ <oJ
o Professional and Occupational Licenses
I have included a current copy of the following professional and occupational licenses:
-14 aU) Jrebl'l.Itf"OL M61fr&Jt11V' (ftWO/J)) c.owr'1 otL.. t/~E 5
(Check mark items above. as a reminder that they are included.)
Mailing Address:
~ JtS 61rrarJ ~r
L Fax: 1,tJ)t.../033
Date: I
-"--""---...
"/Z~..I..e! /~ ~1
(Seal) jr
NOTARY PUBLlC-STPJE OF FLO~IDhA
"""""'" David W. GangwIsc
[W kommission # DD603253
-;".,~~ Expires: ocr. 08, 2010
",,,.,,, ,'M A ,me BONDING CO., INC.
BONDED THRU I\l LrU' ..
Signed:
Wlt,l,/AM 1'. ;Jcnf-J
(Name)
Pit/iv t)jJ~/." IoINJv{[ ""
(Title) /
23
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
" ?vJbL,JiJlh. P. Hanft! ~tLtlJfI!ttt' J ~/J . "
(Company) I
" warrants that he/it has not employed, retained or otherwise had act on his/its
behalf any former County officer or employee in violation of Section 2 of Ordinance No.
010-1990 or any County officer or employee in violation of Section 3 of Ordinance No.
010-1990. For breach or violation of this provision the co~uty ay, in its discretion,
terminate this Agreement without liability and may also, in its d' cretion, deduct from the
Agreement or purchase price, or otherwise recover, the. II amount of any fee,
commission, percentage, gift, or consideration paid to tl)/ former County officer or
employee". / /
/......,......=.~.. - .~=-"'/"
(Signat
Date:
STATE OF:
f(;;?Lk
COUNTY OF: ~~'
Subscribed and sworn to (or affirmed) before me on ~~..k1 /~, Z~?
(date) by UAdaA?7 -p .J/&/r11...
personally known to me or has produced -
- as identification. (type of identification)
(name of affiant). He/She is
NOTA Y PUBLI
~ ~\,o\U.\)~
My commission, eK~~~SC\\.~
r\~'{ Vu\,>v,: ~ '-N. - 6\)3'1-':>
~O",.."", ua'll'. '0\\#1))) Q '2,()\\.)
~.'" r, ~m\sst. ~. 00, \tlc.
:: :;'-'O~. 0'-'" Gc,o.,
~ ~ 'C~\1es. c'POtlU\tl
0;. ~ V">~
" ,-'"
"1'"1''- ,\\,\:\\.'\J
..c~~o;g
24
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies
that:
1N1U4/O~ P./JO(tjJ A/l;tJJmtf J ~ A"
(Name of Business) I
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition
of working on the commodities or contractual services that are under bid, the employee
will abide by the terms of the statement and will notify the employer of any conviction of,
or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or
of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, or
any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign e statement, I certify that this firm complies fully with
the above requirements.
t~. --==="
~~-'~
Respondent's Signature
1;)7/oq
~ate f
25
NON-COLLUSION AFFIDAVIT
I, WIUllJrn p.lJfJN'v of the city of ;at( fJJr?{ I fL.
according to law on my oath, and under penalty of peIjury, depose and lay that:
1. lam w/~/tJi'h fJ.J-jonl-J
of the firm of IdlU/IAth (JJ 1d~/tN AtUJJ 1*4/ P. A.
the bidder making the Proposal for the project described in the Request for
Qualifications for:
~f)lV11fJ(,I11V ~ ~/J,,/}q FIJIl. Ih/)F~9:MJJ L 6~I1J?Lt 5
and that I executed the said proposal with full authority to do so:
2. the prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or
with any competitor;
3. unless otherwise required by law, the prices which have been quoted in this
bid have not been knowingly disclosed by the bidder and will not knowingly
be disclosed by the bidder prior to bid opening, directly or indirectly, to any
other bidder or to any competitor; and
4. no attempt has been made or will be made by the bidder to induce any other
person, partnership or co~or tion to submit, or not to submit, a bid for the
purpose of restricting comp tion;
5. the statements contained tthis affidavit are true and correct, and made with
full knowledge that Mq.nfoe County relies upon the truth of the statements
contained in this af~fttivit in awarding contracts for said project.
//.~
~ -
(Signature of Respondent)
~
STATE OF:
;;? I-ldCRJ
COUNTY OF: ~I?rc e..
PERSONALLY APPEARED BEFORE ME, the undersigned authority, ~j:<Vn 1't61o-1J
who, after first being sworn by me, (name of individual signing) affixed
his/her signature in the space provided above on this /,Pzt;day of 't7(J~e~
20 OJ'
26
IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND
SUBCONSULTANTS
The Architect/Consultant covenants and agrees to indemnify, hold harmless and defend
Monroe County, its commissioners, officers, employees, agents and servants from any
and all claims for bodily injury, including death, personal injury, and property damage,
including property owned by Monroe County, and any other losses, damages, and
expenses of any kind, including attorney's fees, court costs and expenses, which arise out
of, in connection with, or by reason of services provided by the Architect or Consultant
or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other
wrongful act or omission of the Architect/Consultant, including its Subcontractor(s) in
any tier, their officers, employees, servants or agents.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the Architect/Consultant's failure to purchase or maintain the
required insurance, the Architect/Consultant shall indemnify the County from any and all
increased expenses resulting from such delay. Should any claims be asserted against the
COUNTY by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Architect/Consultant, the Architect/Consultant agrees and warrants that
Architect/Consultant shall hold the County harmless and shall indemnify it from all
losses occurring thereby and shall further defend any claim or action on the County's
behalf.
The first ten dollars ($10.00) of remuneration paid to the Architect/Consultant IS
consideration for the indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
lA//L,bJIfJ!h A )JI/'1IV
Respondent
RESPONDENT'S STATEMENT /
I understand the insurance that will be mandatory if awarded th~itontract and will comply
,-/
in full with all the requirements. / ,7
/
/
/'
~~J
Signaurre
27
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EXHIBIT A
Hourly Rates
Monroe County ~
deejHfJ6J D"".AvtJ'mo'l'lt ...
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WILLIAM P. HORN ARCHITECT, P.;~~E1VED BY' @) Ii""" "" 'AA 0003040
915 EATON STREET, KEY WEST. FLORIDA 33040
PHONE: 305-296-8302 FAX: 305.296-1033
Date: 11/20/09
To: Jerry Barnett
Facilities Dev~lopment Coordinator
Monroe County
Re: Hourly Rates
Annual Contract
Dear Mr. Barnett,
Our standard hourly rates are as follows:
Principal Architect $195.00/hr
Architect $130.00/hr
Intern Architect $lOO.OO/hr
Draftsperson $85.00/hr
Structural Engineer $150.00/hr
MEP Engineer $ 125.00/hr
Principal Civil Engineer $ 150.00/hr
Senior Civil Engineer $120.00/hr
Civil Engineer $lOO.OO/hr
Please call if you have any questions. We are looking forward to working
with you.
Since~~
W~ARCHI~CT'P'A.
William P. Horn,
Principal