Item F14M
C ounty of f Monroe
ELj » °o
�
BOARD OF COUNTY COMMISSIONERS
/� r i � ��
Mayor George Neugent, District 2
The Florida. Ke Se
y
I
Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
November 14, 2017
Agenda Item Number: F.14
Agenda Item Summary #3508
BULK ITEM: Yes DEPARTMENT: Project Management/ Facilities
TIME APPROXIMATE: STAFF CONTACT: Ann Mytnik (305) 292 -4439
N/A
AGENDA ITEM WORDING: Ratification of a Second Amendment to the Contract for
Professional Services with Architects Design Group, Inc. (ADG), for the revised design and budget
of a new Emergency Operations Center (EOC) in Marathon.
ITEM BACKGROUND: This amendment will fund approximately $37k for development of an
updated construction estimate with modifications to the design for a new site and slightly revised
scope. These funds will provide an updated plan for submission to the Florida Senate Subcommittee
to support their proposal to include appropriate funding for a new EOC in the state fiscal year 2018
budget. The current EOC building in Marathon is a multiple use building and demonstrated it is not
sufficient to accommodate the emergency personnel's responsibilities to the community under
catastrophic conditions. In 2009 ADG completed a design through construction documents for a
new EOC at the Marathon Airport. At that time, the design was funded by a subgrant through the
State of Florida Department of Emergency Management. Construction funding was never
appropriated. This amendment revises the 2009 contract with changes to the design and budget for
construction as the most efficient way to update the design for 2017 requirements in time for the
budget process.
PREVIOUS RELEVANT BOCC ACTION: On February 18, 2009, the BOCC approved a
contract with ADG for the planning, design, contract documents, and construction administration of
a new EOC at the Marathon Airport. On October 21, 2009, the BOCC approved a First Amendment
to the Contract to include Information Technology to the specifications.
CONTRACT /AGREEMENT CHANGES:
Revisions to contract
STAFF RECOMMENDATION: Approval as stated above.
DOCUMENTATION:
ADG 2nd Amendment
1st Amendment dated 10 -21 -09
Contract dated 02 -18 -09
Insurance
ADG Proposal
FINANCIAL IMPACT:
Effective Date: Immediately
Expiration Date:
Total Dollar Value of Contract: $1,090,984 ($844,811 paid in IN 2008 & 2009)
Total Cost to County: $0.00
Current Year Portion: $36,960.00
Budgeted:
Source of Funds: Grant
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No
Grant: Yes
County Match:
Insurance Required:
Additional Details:
If yes, amount:
Grant from the Florida Senate Subcommittee
REVIEWED BY:
Cary Knight
Completed
10/26/2017 2:07 PM
Chris Ambrosio
Completed
10/26/2017 2:28 PM
Budget and Finance
Completed
10/26/2017 2:31 PM
Maria Slavik
Completed
10/26/2017 3:07 PM
Kevin Wilson
Completed
10/27/2017 8:28 AM
Kathy Peters
Completed
10/27/2017 8:38 AM
Board of County Commissioners
Pending
11/14/2017 9:00 AM
SECOND AMENDMENT TO CONTRACT FOR PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECTIENGINEE■
WITNESSETH
WHEREAS, on February 19, 2009, the County and ADG entered into a Contract f o r t he planning,
design, contract documents, and construction administration services of the EC project at The
Florida Keys Marathon International Airport (M'I'H)(ADG Project No. 817-09); and
WHEREAS, on October 21, 2009, the County and ADG agreed to a First Amendment to thV
Contract to include additional technology design services and specitications for audio/video
equipment and information technology systems necessary to effectively run an EOC; and
k1l
WHEREAS, insufficient funding f o r t he construction of the EOC prevented any further action to
construct the new facility; and
WHEREAS, in light of the recent category 4 Hurricane In disaster suffered in Monroe County
which caused millions of dollars in damages, the Florida Senate Subcommittee in Tallahassee will
consider including completion of the FOC in their fiscal year 2018 budget appropriations; and
NOW THEREFORE IN CONSIDERATION of the mutual promises contained herein, the
parties hereby agree as follows:
ZTEEK,
r. Article Vilt paragraph 8.2 of the Contract is amended to include the following:
d. Pre-DesiLm PlaiiiiiiiL Set
Original estimate updated based on present construction costs. $9,480.00
o Costs for the additional scope required.
0 Total fee for Pre-Design Planning Services
e. Additional Potential Costs/Fees
■ Reimbursable Expenses (not to exceed): $3,400.00
■ Attendance at Presentation in Tallahassee (only if requested) $3,000.00
Reimbursable expenses for travel and per them shall include expenses incurred by the
Arch itect/Engineer in the interest of the project and in amounts authorized by § 112.06 1, Fla. Stat.
NUMM
!lM i
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor
does not transfer the records to the County.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of
any public records unless or otherwise provided in this provision or as otherwise provided
by law.
WEST, FL 33040.
ORME-1
�lw i 1p� i�!Iq lllpp� Iii I
MIMEM
1 111111 11�11;111 111 IT 111 1,
(SEAL)
Attest: KEVIN MADOK, Clerk
M
I
Date: b - ZA Zx.::> 1'1
Crorin
Notary Pwic NOTARY PUBLIC
—STATE OF FLORIDA
Comm# FFN43W
My *
commission expires: - 2. a w Expires 5/6/2020
JAL
Mt
iP
uj
U-
OD
0
iz 2
�
f
04
o oca
U n [
VJ
0 LL
a)
CL
. M C ><
�-Znw
El
LLI
Z)
0 OD
LIJ r-
> N
"t
V)
Z Uj LL
0 —1
E�5 3:
W C)
Z
C) EL
LU LY
0 Lu
z �—
z
< cr)
I
I
I
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
BOARD OF ARCHITECTURE & INTERIOR DESIGN
2601 BLAIR STONE ROAD
TALLAHASSEE FL 32399-0783
ft 112 11 a 0=4
i OWIG W I owl Q
I e Department's initiatives.
10
rw
lei 1111GIVIlgirwilLoillmaj B
glgumwg�����
Q STATE OF FLORIDA
'I DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
AR94944 ISSUED: 02/26/2017
ARCHITECT
REEVES. IAN ALEXANDER
IS LICENSED under the provisions of Ch 481 FS
Expiration date FEB 28, 2019 L1702260002069
1101:4111041
STATE OF FLORIDA
LICENSE NUMBER
1! k IN Affill
❑
L
06
A Ar
E
E
04
(D
E
02/26/2017 DISPLAY AS REQUIRED BY LAW SEC# L1702260002069
Fjg — T A5MVDMENT
CONTRACT BETWEEN QVMER RCUILECT
JENGINEER
THIS FIRST AMENDMENT (herein after -'AMF-Ni7MEwr7 to the
CONTRACT BETWEEN OWNER AND ARCHITECUENGINEER (
far the Monme COUR(Y Emergency Opr=lionq Center, entered into between MONROE
COUNTY (the "Owner" car 'CQunty'), and ARCHITECTS DE51UN 1UROUP, INC.
("Architect/Engineer") is made and entemd into this 21' day of Wober 2009, in order to
amend the CONTRACT, a2 fallnwR:
�11 �
WHEREAS, m the ) R"' ktay of February, 20D9, the parties cwrcd into a contract for the
planning, dmign, tvntm d ocumen t s , and construction admini&ation services, for the
cowltruqljon t?f an CracrgencY Operatiotls Ccritcr, and
WHEREAS, Audioi systents fnr the facifity that were onginaliy omitted from the
D"igri act now bring included in the Archkaut's Respnns(bliltles Beykind Basic
Services; and
WHEREAS, The Archttect/Enginm has the ablarl to integrate all Infbrnmuon
Technology systems nftetLsary for an Emcrgoncy Op<T11tions Center: now therefore
IN CONSIDERATION of the mutual promises contained herein, the parties horeby agec
as 1501,1ows:
1 . The ArchiteLI(Engineer shall provide professional services for Audio Video
SYNtexna design as described in the attached proposal for a total fee of $16,980.00
(Sixteen Thoosand Nine Hundred and Eighty Dollars and OW100).
2. The remaining terms of the CONTRACT, not inconsistent herewith. shall rmain
in 19411 force and effect..
fN WITNESS WHEREOF, the parties hereto have executed this AIRrndmcat on the date
stated above, :
-Monroe f-o .
NOV Q
PWMtib.nbyfheArchitr:ict, must ust be by a person with authority to bind tho entity.
."tIGNATURE Of THE PERSON EXECUTING THE DOCUMENT MUST BE
'1146TA14&6 AM) wiTNris-RED BY ANOTWsR OFFICER OFT ENTITY,
tt NY I~ K GE,
BOARD OF COUNTY
COMMISSIONERS OF MONRoF-
Mayor/Chairman
Q .
: 0
Ile-
Lo
A r c h 1 t e c f s
X I
%nl iii
DesIgn Group, Inc,
Kevin G. Wilson
Monroe County Project Management Dept.
MurraF, E. Nelson Government & Cultur � "Wr
102050 Overseas Highway, Room 214
Key Largo, FL 33037
RE: Additional Services
Monroe County Emergency Operations Center
ADG Project No: 817-09
NITIM
As per my email of August 19' we are submitting a Request for Additional Services for AV Systems for
the facility. Attached is the proposal for this service, with total costs of $16,980.00 for the attached
additional scope of work.
Please let me know if ftis nrovides viift
I am, Sincerely Your
I.S.K. Reeves V, FA
President I
Winter Park J
Foff Myers,
Additional Technology Design Services for Audio/Visual Systems
Emergency Operations Center (EOC)
Monroe County, Florida
A.D.G. Project No. 817-09
October 5, 2009
RE: Audio / Visual Systems Professional Engineering Design Services
AV SYSTEMS FOR THE COMPLETE BUILDING
1. ACATV system including a head end capable of modulation signals from cable providers,
satellite Dish Network, VCR/DVD and 2. CATV (Ceb�TV) d���ubomtome�cted - a/ . program -------------='
3. Media distribution system: A passive infrastructure shall bsdes' ~ n media
the capacity ba feed selected video and audio mkona/m from the Press Media Room, bxthe
media truck parking positions outside the building. Design shall include an exterior NEMA
4X stainless Steel pedeahm/ at the press truck parking location connected tom pnmmm
interface plate in the press room.
AV SYSTEMS FOREOC OPERATiONS AREA
Audio visual systems for the E0C:
1. Front Projection using two high-definition ceiling mounted projectors for high resolution
map displays and two ceiling mounted electric screens...
2' Additional video monitors to the left and right of the large venue display for local cable or
satellite feeds.
Q. An audio system with microphones in every console
4. A podium for briefings with wired and wireless microphones.
5. Two monitors on the podium where the presenter can watch the program material being
display on the screens without turning their back bn the audience and ahm/emtrmUonscreen
to give the director or presenter the opportunit overlay any of the video wouoomm
amoi)ob/evvithnmtemandannohaUon(nmya/Ume' with the ability to print out screen shot
captures.
G. Two CATV fixed cameras and associated DVR system for audio/video recording to have
logs of all decisions and events that happen inside the floor space for backup
documentation i[ regulations compliance required.
T. Control interface to light control system.
AV SYSTEMS FOR EXECUTIVE BOARDROOM
I. Two wall mounted LCD displays with nnu/Up|e sources like VCR/DV[]. \/HFYUHFtuner.
computer outputs and CCTV cameras from the building.
2. An audio system capable oYreproducing any audio program that comes with the video
program material displayed on the LCD displays.
Additional Technology Design Services for Audio/Visual Systems
Emergency Operations Center (EOC)
Monroe County, Florida
A.D.G. Project No. 817-09
October 5, 2009
Page 2
BREAKOUT ROOMS
1. Up to four Breakout Rooms with monitors and projectors capable of displaying different
audio visual materials like VCRIOVD, VHF/UHF tuner and computer outputs.
2. The sound system shall be able to distribute any audio program that comes with any of the
video signals displayed on the LCD monitors.
CONTRACTFOR
PROFESSIONAL SERVICES
THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND
ARCHITECTIENGINEER (the "Agreement ") is made and entered into by MONROE
W
COUNTY, BOARD OF COUNTY COMMISSIONERS (the "Owner" or "County"),
0
whose address is 1100 Simonton Street, Key West, Florida 33040 and ARCHITECTS
DESIGN GROUP, INC. (the "Arch itect/Engineer") whose address is 333 North Knowles
Avenue, Winter Park, Florida 32784. This contract is executed under seal and shall be
effective on the date executed by the last party to execute it.
0
CONTRACT DOCUMENTS. The contract documents consist of the Contract for
0
Professional Services Between Owner and ArchiteettEngineer, Request for Qualifications
submitted by the Architect/Engineer and addenda, and any exhibits issued prior to
o
execution ofthe contract, other documents listed in the Agreement and modifications
issued after execution of the Contract.
The professional services required by this Contract are to be rendered for the
ONROE COUNTY EMERGENCY OPERATIONS CENTS R, identified as the
°
Project, described as follows:
�
new 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 for contractors, preparation and
advertisement for Request for Bids, tabulation and review of bids, recommendation of
contract awards, cost estimating during design and document preparation, administration
of contract documents, consultation and on -site inspections during construction, review
and recommend approval of contractor invoices, preparation and submittal of permit
applications, zoning applications, public presentations and presentations to the County
Commission.
NOW, THEREFORE, in consideration of the mut promises, covenants and
agreements stated herein, and for other good and valuable consideration, the sufficiency
of which hereby acknowledged, the Owner and the Architect/Engineer .
ARTS
1.1.2 The Architect/Engineer shall maintain all necessary licenses, permits or other
authorizations necessary to act as Architect/Engineer for the Project until the
Arch itect/Engincees duties thereunder have been fully satisfied;
1.1.3 The Architect/Engineer has become familiar with the Project site and the local
conditions under which the Project is to be designed, constructed, and operated;
1.1.4 The Architect/Engineer shall prepare all documents required by this Contract
including, but not limited to, all contract plans and specifications, in such a manner that
they shall be in conformity and comply with all applicable law, codes and regulations.
The Architect shall design the Project in accordance with all applicable requirements
imposed by governmental authorities having jurisdiction over the Project. The
Architect/Engineer warrants that the documents prepared as a part of this Contract will be
adequate and sufficient to accomplish a purposes of the Project, therefore, eliminating
y additional construction cost due to missing or incorrect design elements in the
contract documents;
1.1.5 The Architect/Engineer assumes full responsibility to the extent allowed bylaw
with regards to his performance and those directly under his employ as
Architect/Engineer of .
ARTICLE 11
F. .
2.1 DEFINITION
2.1.1 Architect/Engineces Basic Services consist of those described in Paragraphs 2.1
through 2.8.25, and other services identified as part of Basic Services, and include normal
structural, mechanical, and electrical engineering services.
a
2.1.2 Ile Design for Construction shall include, but shall not necessarily be limited to,
0
plans and specifications, which describe all systems, elements, details, components,
materials, equipment, and other information necessary for construction. The Design for
e
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
0
Architect/Engineer shall be responsible for designing the Project in accordance with the
analyses and recommendations of the geotechnical information furnished per Article 4.4.
' P$4
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect/Engineer shall review the State - Funded SubGrant Agreement,
Contract No. 08- EC -30-I i -54-01 -039, scope of work, schedule and construction budget
furnished by the Owner to ascertain the requirements of the Project and shall arrive at 's
mutual understanding of such requirements with the Owner.
2.2.2 The Architect/Engineer shall review with the Owner and Monroe County's
Facilities Development Department proposed site use and improvements, required
permits, zoning, selection of materials, building systems and equipment; and method of
Project delivery.
2.2.3 The i t/En ' eer shall review with the Owner and Monroe County's
Facilities Development Department alteative approaches to design and construction of
the project.
2.2.4 Based on the mutually agreed -upon Program, schedule and construction budget
requirements, the ArchitecUEngineer shalt prepam, for approval by the Owner, schematic
Design Documents consisting of drawings and other documents illustrating the scale and
relationship of Project components.
2.2.5 At levels of completion of 25°fe, 50 and 75% of the Schematic Design phase,
the Architect/Engineer shall provide schematic design studies for the Owner's review and
the Monroe County's Facilities Development Departmenes information.
2.2.6 The Architect/Engineer shall promptly request written authorization (via a
proposal) to purchase such services as soil borings, surveys, or other information.
2.2.7 Design submittals will be presented by the Arc hitect/Engineer, and discussed at a
review meeting. The Project Director for the Architect/Engineer and the Owner will
arrange a review meeting, as necessary. A copy of all required materials should be sent
to all participants by, the Architect/Engineer, prior to the meeting. At the meeting,
Architect/Engineer will explain the design and the influences that led to the proposed
solution. The Architect/Engineer will show that the design meets all of the requirements
of the program with particular emphasis on space allocation, function, site adaptation,
codes, and local zoning requirements. The Architect/Engineer shall make minutes of the
meeting and distribute to all attendees.
2.2.8 The Architect/Engineer shall present schematic design documents that include
L)
0
LU
fundamental design decisions such as: functional organization; building and site
o
circulation; massing; scale; conceptual appearance; neighborhood context; basic exterior
and interior finish material and product concepts; conceptual structural, mechanical, and
electrical systems; and circulation/conveying systems.
e
2.2.9 Upon completion of the Schematic Design Phase, the Architect/Engineer shall
6
E
provide drawings, outline specifications, estimate of anticipated cost in accordance with
0
the schematic designs, and other documents for the Ownees approval and the Monroe
o
County's Facilities Development Departme information.
2.2.14 The Schematic Design must be approved in writing, by the Owner prior to
Arch itect/Engineer continuing to the Design Development Phase.
2.3 SCIREMATIC DESIGN
�a
°
2.3.1 The Schematic Design Phase services shall respond to program requirements and
2-
consist of preparation of. conceptual site and building plans, preliminary sections and
elevations, development of approximate dimensions, areas and volumes, concept sketches
as required to explain the design intent to the owner. Perspective modeK if required by
the Owner, will be billed as an additional service and billed as a reimbursable after the
ees written approval.
The Architect/Engineer shall perform the following design phase
0
a. Structural Design/Documentation services during the Schematic Design
Phase consisting of recommendations regarding basic structural materials
E
and systems, analyses, and development of conceptual design solutions
for. a predetermined to 1 system and alternate structural systems.
b. Mechanical Design /Documentation services during the Schematic Design
Phase consisting of consideration of alternate materials, systems and
equipment, and development of conceptual design solutions for. energy
source(s), energy conservation, heating and ventilating, air conditioning,
plumbing, fire protection, special mechanical systems, process systems,
and general space requirements.
C. ,Electrical Design/Documentation services during the Schematic Design
Phase consisting of consideration of alternate systems, recommendations
regarding basic electrical materials, systems and equipment, analyses, and
development of conceptual design solutions for power service and
distribution, fighting, telephones, fire detection and alarms, securit
systems, electronic communications, special electrical systems, and
general space requirements.
rl
d. Civil Design/Documentation services during the Schematic Design Phase
consisting of consideration of alternate materials and systems and
development of conceptual design solutions for: on -site utility systems,
off -site utilities work, fire protection systems, drainage systems, sewage
treatment, and paving.
2.4 DESIGN DEVELOPMENTMOCUMENT PHASE
0
2,4.1 The Architect shall provide Design Development Documents based on the
o
approved Schematic Design Documents set out in Section 2.3 and any adjustments
authorized by the Owner and an updated budget for cost of the Work. The Resign
Development Documents shall illustrate and describe the refinement of the design of the
a
Project by means of plans, sections and elevations, typical construction details, and
6
equipment layouts. The Design Development Documents shall include specifications that
identify major materials and systems, including structural, mechanical and electrical
0
systems, materials and such other elements as agreed upon between the Owner and
o
Architect and establish their quality levels.
2A.3 Upon completion of the Design Development Phase, the Architect/Engineer shall
provide drawings, outline specifications and other documents for the Owner's approval
and the Monroe County's Facilities Development Department's information. The
Architect/Engineer shall provide a written estimate of anticipated costs in accordance
with the design development phase.
N 1111111111 1 , 1 (411 ,71 0 1 =1 '1 1 1 1 (bioll
2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS
To satisfactorily perform the design development phase requirement, the
Architect/Engineer must complete the tasks set forth in Sections 2.5.1 - 2.5.14.
2.5.1 Floor Plans - This consists of general plans, overall coordinating plans, and plan
enlargements for important and special areas. Data required:
h. Typical partition types
i. Built -in furniture items - special furniture and equipment (early
clarification of what is "NIC" and "by owner ")
j. Larger scale (e.g., ' /, "). Key areas, lobby, entries, public plaza, major
corridors, special spaces, etc. Required: All surfaces (floor, wall, and
ceiling treatments), furniture indication, and layout. 0
k. Evacuation routes identified (to include locating necessary posting of
evacuation route plans). 0
2.5.2 General Elevations
8
a. Total full - height facades including roof structures
b. All fenestration
C. Overall vertical building and floor heights
d. Indicate cross - reference points with sections
e. Indicate setbacks, building profiles, expansion joints, etc.
f. Indicate treatment of visible mechanical equipment
g. System impact (precast concrete, stone, panel systems, metallglass curtain
wall, etc.) properly selected by adequate technical investigation.
2.5.4 Details - Large scale (1 -1/2 ", 3") as required. Indicate key conditions.
a. Window types: divisions, pattern, mullion profiles, vent detail, glazing
type, jamb/head, plan section
b. Hollow metal (typical only; keyed to plans and schedules)
C. Frame types (typical only; for compatibility and profile)
d. Stair types - egress, public, exterior (including railing design) Metal and
glass walls, borrowed lights, etc.; for division, profile. and glazing
f. Interior partition types (typical only; keyed to plans and schedules)
g. Built -in furniture items, receptions, desks, work tops, counters, cabinet
types, display cases, recesses, wardrobes, millwork, etc.
2.5.5 Interior Elevations - Typical and special spaces, interfaced with, and cross -
referenced to, floor and reflected ceiling plans. Indicate:
0
a. Breaks
b. Level changes
C. Pertinent vertical dimensions.
2.5.6 Reflected Ceiling Plans - Typical and special space. Integrated plans reflecting &
structural, mechanical, and electrical impacts. Plans to indicate:
a. Lighting layouts o
b. Soffits, coves, furrings
C. Skylight locations
d. Ceiling materials
C. Acoustic treatments
f. Heating and ventilating register, diffuser locations
g. Sprinklers 0
h. Access panels o
t�
2.5.7 Schedules - Schedules to be non - repetitive and comprehensive, with specific
keying to floor plans and elevations,
a. Interior finishes
b. Doors and frames
C. Preliminary hardware
d. Windows/glazing
2•5.8 Specifiestians - Comprehensive, abbreviated methods, materials and systems
descriptions in tune with drawings. Use CSI format with applicable section
numbers. Include all consultant portions as well as those special supple
conditions specific to the project.
2.5.9 Preliminary Estimate of Construction Cost - Adjustment of the preliminary
estimate of construction cost prepared at the end of schematic design.
2.5.10 Structural Design Development Set
a. Floor plans at the same scale as the architectu mliengineering drawings
b. Typical floor flaming plans, including sizing of beam drops, slab
openings, thicknesses, and depressions
C. Framing indication and governing sizing at: roof structures, penthouse,
bulkheads, other
d. Non - typical framing scheme where required: lobby, floors at grade, and
other
e. All column points established
f. Final column schedule
g. Preliminary details and sections to adequately indicate structural system
h. Preliminary details of major unique conditions that impact on scheme (as
determined by the Architect/Engineer)
i. Details indicating accommodation with mechanicaUelectrical at areas of
major interface
j. Design development specifications
H
k. Any necessary rec ommended adjustments to the p reliminary
c onstruction ,
2.5.11 MechanicalVElectrical Design Development Set
a. Typical floor plans. Systems representation in diagrammatic (non-
detailed) style, major items of equipment indicated their space
U
requirements and interface requirements with other systems. Indicate:
LU
major shafts (sines), chases, mechanical rooms and electric closets, and
convector /fan coil locations, etc.
b. Required punctures: wall, slab, and be
C. Terminal plans (lobby, cellar, roof) with items of heavy equipment shown
in diagrammatic style, with their space requirements indicated: (1)
�
B oiler/heater spaces (include clear height requirements), (2) Transformer
E
vaults (approved obtained from local utility company), (3) Switchgear,
0
emergency generator, water storage tanks, fire pumps, etc., (4) Roof
o
cooling towers, major air - conditioning and air - handling equipment,
packaged its, etc.
d. Locations of major f -air handling uipment: cooling towers, exhaust
fans, etc.
e. Preliminary details of major and unique conditions that impact on scheme
(as determined by the Architect/Engineer)
°
E Data to be developed in conjunction and in coordination with the project
team:
2.5.12 Site Desi Development Set
a. Building location plan— building tied down dimensionally with pertinent
adjacencies, street lines and grades, property lines, required setbacks,
easements, rights of way, manholes, sewers, hydrants, light standards, etc.,
interfaced with survey.
. Main entry level datum elevation with y exterior grades at building
pe ri m eter.
C. Site development grading and landscaping plans
d. Overall preliminary site grading and defined design of external elements,
properly coordinated and interfaced with mechanical/electrical for utility
entry points
e. Indicate areaways, vaults, access to sub -grade spaces
f. Preliminary site and exterior building lighting scheme with identification
of fixture s
. Parking area defined with preliminary plotting
. Indication of paths, stairs, ramps, berms, terraces, etc.
i. Plant materials (indication and preliminary schedule)
11
j. Design development details: railings, stairs, ramps, paving types and
patterns, kiosks, benches, light standards, others
k. Design development specifications
I. Any necessary adjustments to the preliminary estate of construction cost.
2.6.2 Upon campietiort of the Construction Documents Phase, the Architect/Engineer
shall provide Construction Documents for the Owners and Monroe County's Facilities
Development Department's approval. Once approved the Architect/Engineer shall
provide the Owner with seven (7) complete signed and sealed sets of construction
drawings and four (4) band copies of the technical specincations and one copy of the
drawings and the technical specifications saved electronically in Adobe Acrobat file
(.PDF) 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 Architect/Engineer shall provide an updated budget for the Cost of the Work in
accordance with the construction development phase.
2.6.3 The Architect/Engineer shall assist the Owner and Monroe County's Facilities
Development Department in the development and preparation of (1) bidding and
Procurement information which describes the time, place and conditions of bidding;
bidding or proposal forms; and the form of agreement between the Owner and
Contractor, and (2) the Conditions of the Contract for Construction. The Architect also
shall compile the Project Manual, with review by the Owner, that includes the Conditions
of the Contract for Construction and Specifications and may include bidding
requirements and sample forms.
2.6.4 The Architect/Engineer'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
denied, then the Architect/Engineer shall conform the construction documents in such
manner to receive permits upon such plans. Work required from the Architect/Engineer
to conform the documents to federal, state, city, county, or agency speciflcations and
permit requirements to allow them to be approved shall be completed at no charge or cost
to the Owner.
2.7 BIDDING OR NEGOTIATION PHASE
2.7.1 The Architect/Engineer, following the Owner's approval of the Construction
Documents and the Architect/Engincees latest estimate of Construction Cost, shall assist
the Monroe County's Facilities Development Department in obtaining bids or negotiated
proposals and assist in preparing contracts for construction, including the requirements in
L)
Section 2.6.3.
LU
2.7.2 The Architect/Engineer shall assist the Monroe County's Facilities Development
r_
0
Department in issuing bidding documents to bidders and conducting pre -bid conferences
with prospective bidders, including the requirements is Section 2.6.3. The
Architect/Engineer, with the assistance of the Monroe County's Facilities Development
Department shall respond to questions from bidders, and shall issue addenda.
e
2.7.3 The Architect/Engineer shall, on behalf of the Owner, file all necessary
Ci
0-
documents required to secure all permits. Assistance with securing a development
approval will be in the form of providing schematic drawings.,
2.8 CONST RUCTION PHASE - ADMINISTRATION
CONSTRUCTION CONSTRUCMON CONTRACT
2.8.1. The Architect/Engineees responsibility to provide Basic Services for the
Construction Phase under this Agreement commences with the award of the Contract for
construction and terminates with the issuance to the Owner of the final Project Certificate
<
for Payment including the submission of all project close -out documents by the
Architect/Engineer and Contractor. The ArchitectlEngineer will administer the
Owner /Contractor contract as provided for in that document. The ArchitectlEngincer
agrees to perform a project check/inspection prior to the end of the warranty period, if
requested in writing by the Owner. The check/inspection shall not exceed one working
0
day unless additional time is approved by the Owner.
o
2.8.2 The Architect/Engineer shall at all times have access to the Work whenever it is
in preparation or progress.
E
2.8.3 The Architect/Engincar shall, as contemplated herein and in the Construction
Contract, but not otherwise, act on behalf and be the agent, of the Owner th roug h out
construction of the Project. Instructions, directions, and other appropriate
communications from the Owner to the Contractor shall be given to the Contractor by the
Architect/Engineer or Monroe County's Facilities Development Department,
2.8.4 Upon receipt, the Architect/Engineer shall carefully review and examine, as part
of the contract; the Contractor's Schedule of Values, together with any supporting
documentation or data which the Owner or the Architect/Engineer may require from the
Contractor. The purpose of such review and examination shall be to protect the Owner
from an unbalanced Schedule of Values which allocates greater value to certain elements
of the Work than is indicated by such supporting documentation or data, or than is
reasonable under the circumstances. If the Schedule of Values was not found to be
appropriate, Of if the supporting documentation or data is deemed to be inadequate, and
unless the Owner directs the Architect/Engineer to the contrary in writing, the Schedule
of Values shall be returned to the Contractor for revision of supporting documentation or
E
data. After making such examination, if the Schedule of Values is found to be
appropriate as submitted, or if necessary, as revised, the Architect/Engineer shall sign the
Schedule of Values thereby indicating its informed belief that the Schedule of Values
constitutes a reasonable, balanced basis for payment of the Contract Price to the
Contractor. The Architect/Engineer shall not approve such Schedule of Values in the
absence of such belief unless directed to do so, in writing, by the Owner.
LU
2.8.5 T'he Architect/Engineer shall carefully inspect the work of the Contractor and
shall, at a minimum, inspect work at the Project site at an average of two times per
month. The purpose of such inspections shall be to determine the quality and quantity of
the work in comparison with the requirements of the Construction Contract. In making
such inspections, the Architect/Engineer shall protect the Owner from continuing
deficient or defective work, from continuing unexcused delays in the schedule and from
overpayment to the Contractor. Following each inspection, the Architect/Engineer shall 0
submit a written report of such inspection, together with any appropriate comments or o
recommendations to the Owner. c
2.8.6 The Architect/Engineer shall initially approve periodic and final payments owed
to the Contractor under the Construction Contract predicated upon inspections of the
work and evaluations of the Contractor's rate of progress in light of the remaining
contract time and shall issue to the Owner Approvals of Payment in such amounts. By
issuing an Approval of Payment to the Owner, the Architect/Engineer reliably informs
the Owner that the Architect/Engineer has made the inspection of the work required, and
that the work for which payment is approved has reached the quantities or percentages of
completion shown, or both, that the quality of the Contractor's work meets or exceeds the
requirements of the Construction Contract; and that under the terms and conditions of the
Construction Contract, and after review and approval by the Owner, the Owner is
obligated to make payment to the Contractor of the amount approved.
2.8.7 The issuance of a Certificate for Payment shall not be a representation that the
Architect/Engineer has (1) made exhaustive or continuous on -site inspections to check
the quality or quantity of the Work, (2) reviewed construction means, methods,
techniques, sequences or procedures; (3) reviewed copies of requisitions received from
Subcontractors and material suppliers and other data requested by the Owner to
substantiate the Contractor's right to payment or; (4) ascertained how or for what pu
the Contractor has used money previously paid on account of the Contract Sum.
2.8.8 The Architect/Engineer shall have authority, after notification to the Monroe
County's Facilities Development Department to reject Work, which does not conform to
the Contract Documents. Whenever the Architect/Engineer considers it necessary or
advisable for implementation of the intent of the Contract Documents the
Architect/Engineer will have authority, upon written authorization from the Owner, to
require additional inspection or testing of the Work in accordance with the provisions of
the Contract Documents, whether or not such Work is fabricated, installed or completed.
2.8.9 The Architect/Engineer shall review and approve or take other appropriate action
upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only
for the limited purpose of checking for conformance with information given and the
design concept expressed in the Contract Documents. The hitect/Engineer's action
shall be taken with such reasonable promptness as to cause no delay in the Contractor's
Work or in construction by the Owner's own forces, while allowing sufficient time in the
Architect/Engineees professional judgment to permit adequate review. Review of such
submittals is not conducted for the purpose of determining the accuracy and completeness
of other details such as dimensions and quantities or for substantiating instructions for
installation or performance of equipment or systems designed by the Contractors, all of
which remain the responsibility of the Contractors to the extent required by the Contract
LU
Documents. The ArchitectlEngineces review shalt not constitute approval of safety
precautions or, unless otherwise specifically stated by the Architect/Engineer, of
construction means, methods, techniques, sequences, or procedures. The
Arch itect/Engineees approval of specific item shall not indicate approval of an
assembly of which the item is a component. When professional certification of
e
performance characteristic of materials, systems or equipment is required by the Contract
Documents, the Architect/Engineer shall be entitled to rely upon such certification to
establish that the materials, systems or equipment will meet the performance criteria
0-
required by the Contract Documents. Architect/Engineer shall take appropriate action on
c9
submittals within I4 calendar days. The Architect/Engineer shall maintain a tracking log,
for the submittals which shall include but not be limited to; the submittal as named in the
specification, all dates as required for tracking and the status of approval. A copy of the
tracking log will be made available to Owner when requested.
2.8.10 The Architect/Engineer shall review and sign or take other appropriate action on
Change Orders and Construction Change Directives prepared by the Monroe County's
Facilities Development Department for the Owner's approval and execution in
�
accordance with the Contract Documents. Architect/E to take appropriate action
within 7 calendar days.
2.8.11 The Architect/Engineer shalt promptly provide appropriate interpretations as
necessary for the proper execution of the work. If the Architect's interpretation would
0
wire a change in the Construction Contract price the Owner shall retain the ability to
0
determine whether the interpretation is necessary for appropriate completion of the work.
a
2X12 The Architect/Engineer shall require inspection or re -in
pee spection and testing or
E
retesting of the worts, to include architOcturdlengincering, structural, mechanical and
E
electrical engineering portions of the work, in accordance with the provisions of the
<
Construction Contract whenever appropriate.
2.8.13 The Architect/Engincer, assisted by the Monroe County's Facilities Development
Department, shall conduct inspections to determine the dates of Substantial Completion
and the date of Final Completion. The ArchitectlEngineer shall submit to the Owner a
list comprised of incomplete andlor unacceptable items required by the Contract
Documents to include architectural/engineering, structural, mechanical, and electrical
engineering portions of the work. The Architect/Engineer shall forward to the Mon
County's Facilities Development Department warranties and similar submittals required
by the Contract Documents which have been received from the Contractor. The
Architect/Engineer shall issue a final Project Certificate for Payment upon compliance
with the requirements of the Contract Documents.
I
2.8.14 The Architect/Engineer shall interpret and decide matters concerning performance
of the Contractor under the requirements of the Contract Documents upon written
request. The Architect/Engineees response to such requests shall be made with
promptness and within seven (7) days of receipt of request.
2.8.15 Interpretations and decisions of the Architect/Engineers shall be consistent with
the intent of and reasonable inference from the Contract Documents and shall be in
LU
writing or in the form of drawings and submitted on proper Construction Change
Directives.
0
2.8.16 The Architect/Engineer shall render written decisions within a reasonable time on
all claims, disputes or other matters in question between Owner and Contractors relating
e
to the execution or progress of the Work as provided in the Contract Documents.
agreement 2-.837—Duttes, responsibilities and limitations of authority of the Architect/Engineer shall
not be restricted, modified or extended without written of the •
2.8.19 no Architect/Engineer shall transmit to the Owner all manuals, operating
instructions, as -built plans, warranties, guarantees and other documents required by the
Construction Contract and submitted by the Contractor.
2.8.20 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.
2.8.21 The hitect)Engineer shall not have control over or charge of and shall not be
responsible for construction means, methods, techniques, sequences or procedures, or for
safety precautions and programs in connection with the Work, since these are solely the
Contractor's responsibility under the Contract for Construction, The Architect/Engineer
shall not be responsible for the Contractor's schedules or failure to carry out the work in
accordance with the contract documents. The Architect/Engineer shall not have control
over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons performing portions of the work.
2.8.22 The Architect/Engineer shall review any as -built drawings furnished by the
Contractor and shall certify to the Owner that same are adequate and complete.
2.8.23 The Architect/Engineer shall, without additional compensation, promptly correct
any errom omissions, deficiencies, or conflicts in the work product of the
Architect/Engineer or its consultants, or both.
1K
3.2 PROJECT REPRESENTATION BASIC SERVICES
31.1 Phase I -A: Spatial Needs Assessment
3.2.1 The Architect/Engineer shall participate in an initial meeting, with departmental
personnel and County staff, to review the proposed project and to establish project
schedules for specific tasks.
3.2.2 The Architect/Engineer shall conduct an analysis of the routine operations of the
identified entities in order to fully understand their function, operations and the respective
interaction, relationship, adjacency priorities and potential of joint use facilities.
3.2.4 The Architect/Engineer, as part of this phase, shall consider and provide
documentation to the extent possible, current and future staffing level projections and
their spatial need impact upon future needs of facilities.
M
3.2.5 Based upon the recommendations related to facility size, the Architect/Engineer
shall identify the land area needed for the building, associated parking, and related site
requirements, such as stormwater retention, parking areas, landscape requirements and
building setback requirements. All identified development options will be verified to be
able to be supported by the identified site with site diagrams included within the report.
3.2.6 The Architect/Engineer shall research and provide information relative to
L)
0
LU
identifying potential additional grant funding sources, noting entities which provide funds
0
for projects of the type envisioned by the County.
3.2.7 This phase shall result in a detailed report, which shall contain recommendations
relative to potential solutions, and shall include up to three alternative recommendations
as to the size and associated potential costs of each such alternative. Ten copies of this
report shall be issued to the County for review and consideration.
0
0
3.2.8 The results and recommendations of Phase I shall be presented to the County
project staff and subsequently to the Board of County Commissioners at a public meeting
and/or workshop meeting.
3.3 Ph I- B: Master Planning
'
33.1 Based upon the information obtained during development of the Spatial Needs
°
Assessment, the Architect /Engineer shall participate in a meeting(s) with representatives
of the State and County Department of Emergency Management The premise of this
meeting shall be to obtain consensus as to the appropriate land utilization of the County
designated property and the proposed facility.
33.2 Based upon the accepted development alternative, the Architect/Engineer shall
prepare a Master Plan Document of the selected site, illustrating:
0
a. Proposed land utilization of the selected site
b. Location and general configuration of "current need" facilities
c. Areas of potential expansion for future needs
a
d. Location of vehicles access and egress, both staff and public
e. Pedestrian areas and site circulation
E Vehicle Parking Areas
g. s) designated for stormwater retention
3.3.3 The Architect/Engineer shalf then prepare a final Master Planning Drawing
Go
illustrative of the proposed recommended solution and present some to the Monroe
County Facilities Development Department and/or the Board of County Commissioners.
3.4 Landscape Architectural Services
3.4.1 Landscape Architectural Services shall be provided by a registered Florida
Landscape Architect selected by the Architect/Engineer to provide the Scope of Services
to be defined by the accepted Master Site Plan.
3.5 Site and Building Identiiication/Grapic Design
3.5.1 Architoct/Engineer shall provide graphic design services associated with the
design, bidding and construction observation of building identification, graphics and
signage.
6 Permitting Coordination
3.6.1 The Arch itect/Engineer shall provide permitting coordination services as follows.
a. Define permits r i requirements :1 provide
graphic chronological
b. Prepare and/or coordinate the permitting applications and make the
submittals in a timely manner and in accordance with the schedule to
LU
be 1 by the Architect upon • of by
c. Monitor the permitting process and provide written progress reports to
the County.
3.7 Facility Rendering
3.7.1 The Architect/Engineer shall provide a complete rendering of the facility.
Ci
3.8 Cost Estimating:
3.8.1 The Architect/Engineering shall retain the services of cost estimating rmn
responsible for providing detailed cost estimates at the following intervals:
a. Completion of Schematic Design Phase
b. Completion of Design Development Phase
c. 75% completion level of the Construction Documents Phase
d. 95% completion level of the Construction Documents Phase
3.9 Computer Cable System Design Coordination
3.9.1 The Architect/Engineer shall meet with the Owner and the Monroe County
Emergency Management staff and establish the basic guide lines for a computer cable
system for the facility and shall subsequently prepare a cable plan with appropriate
distribution spaces in the facility.
3.10 Security Consultant
3.10.1 The Architect/Engineer shall obtain the services of qualified Security Consultant
for services related to site and building security systems, including C.C.T.V.,
accesslegress controls, locking devices, and site security systems.
3.11 Site Civil Engineering
3.11.1 The Architect/Engineer shall provide civil engineering on site.
3.12 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.
3.13 CEUNGES IN SERVICES
Changes in services as required by Owner may be accomplished after execution
of this Agreement, if mutually a&Teed in writing by the parties and if required by the
circumstances; but if not required by law, code or other legal requirement the Owner will
have the right to reject the change.
3.14 ALTERNATIVE SERVICES. The Architect/Engineer, or his consultants, may
provide the following services, if authorized in writing by the Owner and approved by the
[D
Board of County Commissioners, at an additional cost over the Total Contract Price to be
negotiated prior to authorization and approval: Interior Design (moveable furnishings),
Post Occupancy Warranty Inspection, Grants Application Assistance, additional
Construction Observation Services.
TICLE IV
U
O ER' S M]PONSIBILITIE
4.1 The Owner shall establish and update an overall budget for the Project based on
0
consultation with the Facilities Development Department and the Arch itect/Engineer,
which shall include the Construction Cost, the Owner's other costs and reasonable
contingencies related to all of these costs.
4.2 The Owner shall designate Facilities Development Department to act on the
0
Owner's behalf with respects to the Project. The Owner or Monroe County's Facilities
o
Development Department shall render decisions in a timely manner pertaining to
documents submitted by the ArchitectlEngincer in order to avoid unreasonable delay in
the orderly and sequential progress of the Architect/Engineces services.
Architect/Engineer acknowledges and agrees that from time to time a decision will have
to be presented to the governing board of the county and agrees that any delays caused by
the submission or scheduling for approval by the Board of County Commissioners shall
not constitute an unreasonable delay.
4.3 The Owner shall furnish the Architect/Engineer with a certified site survey at a
d
reasonable time following the selection of the project site.
4.4 The Owner shall furnish the geotechnical tests when requested by the
Architect/Engineer, following the selection of the project site.
4.5 The Owner, not the ArchitecUEngineer, shall furnish its own legal, accounting
and insurance counseling services as may be necessary at any time for the Project,
including auditing services the Owner may require to verify the Contractor's Application
for Payment or to ascertain how or for what purposes the Contractor has used the money
paid by or on behalf of the owner.
4.6 Prompt written notice shall be given by the Owner or Monroe County's Facilities
Development Department to the Architect/Engineer if they become aware of any fault or
defect in the Project or non- conformance with the Contract Documents.
4.7 The proposed language of any certificate or certificates requested of the
Architect/Engineer or Architect/Engineerts consultants shall be submitted to the Owner
for review and approval at least 14 days prior to execution. The Owner shall not request
certifications that would require knowledge or services beyond the scope of this
Agreement.
4.8 The Owner shall furnish the information and services required under this
Agreement, and shall render approvals and decisions as expeditiously as necessary for the
orderly progress of the Architect/Engineces services and work of the contractors.
M
5.2 The Construction C ost ,
5.3 The Construction Cost shall include the cost at current market rates of labor,
materials and equipment designed, specified, selected or specially provided for by the
Arch itect/Engineer, plus a reasonable allowance for the Contractor's overhead and profit.
Fri ro
DIII
5.5 The Architect/Engineer Architect/Engineer agrees that, should the bid for construction of the project
exceed it's final estimate as set forth in Section 5.1 by ten percent (1 0%) or more, the
Architect/Engineer will redesign, raw and/or rebid, at no additional or expense to the
Owner, until the bids are within the stated limits.
F"� WN f - 45]
6.1 INDEMNMCATION AND HOLD HARML
6.1.1 Tle Amlhitect/Engineer and any its agents or anyone for whose actor acts any of
them may be liable in the performance of the services under this Agreement shall
indemnify and hold harmless o County, its agents, employees, elected officials and
representatives from liabilities, damages, losses and costs, including, but not limited to
reasonable attorney fees, to the extent caused by the negligence, recklessness, or
intentional wrongful misconduct of the indemnifying party and persons employed or
utilized by the indemnifying party in the performance of this Agreement. The
Architect/Engineer further shall indemnify and hold the county, its successors and assigns
harmless from and against any and all claims, actions, causes of action, and judgments
made or filed against the county for all losses, penalties, damages or professional fees
arising out of Architect/Engineer's negligent performance of the work (including
obtainment of all license fees and royalties) or the negligent performance of work by the
Architect/Engineer Professionals, Subconsultants, Subcontractors, agents or employees,
It
AIMQ1
PAYMENTS
lu
3. Construction Documents Phase 30 percent
4. Bidding or Negotiation Phase: 5 percent
5. Construction Phase 20 percent
b. The Additional Services provided by the Architect/Engineer shall include
Landscape Architectural Services, Site and Building identification/Graphic
Design, Permitting Coordination Services, Facility Rendering, Cost Estimating,
Computer Cable System Design, Security Consultant, and Site Civil Engineering.
The Architect/Engineer shall be paid a &gd for Additional Services in the
amount of Two Hundred Seventeen Thousand Two Hundred and Forty-Four
Dollars ($217,244.00).
G Total Fee Allocation
• Basic/Standard Services .......... ..............................S 806, .00
Pro-Design Services ............... ..............................5 33,800.00
• Additional Services ............... ..............................$ 217,244.00
Reimbursable Expenses ........... ..............................$ 25,000.00
Agreed Fee Reduction ............ ..............................$ 4( 5.094.00]
• Total .............. ............................... ..................$1,037,044.00
8.3. A Reimbursable Expense Allowance is included in the Total Fixed Fee set out
In Section U.J. Any reimbursable expensea shall not ex cee d In total the amount of
Twenty- -llve Thousand! Dollars ($25,000.00).
8.3.1 Reimbursable Expenses include expenses incurred by the Architect/Engineer in
the interest of the project:
a. Expenses of transportation submitted by Architect/Engineer, in writing,
and living expenses in connection with out- of-county travel authorized by
the County, in writing, but only to the extent and in the amounts
authorized by Section 112.041, Florida Statutes;
b. Fees paid for securing approval of authorities having jurisdiction over the
Project,
C. Reproductions as requested in writing by the County beyond seven (7)
complete signed and sealed sets of construction drawings and four (4)
hard coirles of the technical specifcations and once copy of the drawings
and the technical specifications saved electronically in Adobe Acrobat file
(.PDF) format;
d. Postage or delivery services for Drawings and Specifications, not
including charges for postage between the Architects/Engineers branch
offices and between the Architect/Engineer and his consultants.
C. Models requested by the County.
9.1 APPLICABLE LAW
9.1.1 This contract is governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and performed entirely in the State. Venue
for any litigation arising under this contract must be in Monroe County, Florida The
Parties waive their rights to a trial by jury.
10.1 OWNERSHIP OF THE PRELEVHNARY DESIGN AND THE DESIGN
FOR CONSTRUCTION
10.1.1 The wings, Specifications and other documents prepared by the
Architect/Engineer for this project are instruments of the Architect/Engineees service for
use solely with respect to this project, and the Architect/Engineer shall be deemed the
author of these documents and shall retain all common law, statutory and other reserved
rights, including copyrights. Specifications and outer 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/Engineer. The Drawings, Specifications and other
documents prepared by the Architect/Engineer for this project shall be used for the
completion of this project by the Owner if the Architect/Engineer is found in default of
this contract. Provided, however, the parties recognize and agree that the Owner shall
comply with the provisions of Florida Statutes, Chapter 119 and all other applicable laws
relating to reproduction and distribution of public records and subject to orders of a court
having jurisdiction over the Owner.
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/Engineer's reserved rights.
10.1.3 The As -Built drawings and specifications ma be furnished by the
Architect/Engineer to the Owner in electronic format in addition to the original As -Built
documents.
10.1.4 construction documents, documents,
required on work on +' for constructing, any necessary future
using +'' maintaining the Project.
PT
ARTICLE XI
o 'I
A
INSURANCE-
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
WA
written by r r- shall be •
mcceptable to the COUNTY.
E. Professional liability insurance of One Million Dollars ($1,00,000.00) per
claim and Two Million Dollars ($2,000,000.00) 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. ARCFHTECT shall require its subconsultants to be adequately insured at l east
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.
H. ARCMTECT shall provide to the COUNTY of
copy of all insurance policies including those
additional insured by including any subsection thereunder. The COUNTY
reserves the right to require a certified copy of such policies upon request
A TI
TERMINATIQN &W SUSPEN3IoIV
14.1 Termination. Either party hereto may terminate this contract upon not less than
seven (') days' written notice to the other in the event that such other party substantially
kAJ
.fails to perform its material obligations set forth herein. Termination expenses shall be
defined as all or any portion of the fixed fee earned, measured by the amount of
completed work performed up to the date of termination
14.1.2 Obligation to Pay. 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 Hoard members at the time of contract initiation LU
and its duration. This Agreement is contingent upon the award of the extension for the
Subgrant Agreement, Contract No. 08 -EC- 30.11 -54-01 -033, to the County; the parties
agree that if the Subgrant extension is not awarded to the County this Agreement is
terminated immediately, and the Architect/Engineer will be compensated for work
completed as set forth in Section 14.1. e ,
14.1.3 Suspension. The County may, at any time and for any reason, direct the
Architect/Engineer to suspend the work (in whole or in part) under this Agreement. Such
direction shall be in writing, and shall specify the period during which services shall be
stopped. The Architect/Engineer shall resume its services upon the date specified or upon
such other date as the County may thereafter specify in writing. The period during which
the Services are stopped by the County shall be added to the time of performance of this
Agreement; provided, however, that any work stoppage not approved or caused by the
actions or inactions of the County shall not give rise to any claim for payment against the
County by the Architect/Engineer.
OIL
15.1 This contract constitutes of the form of the agreement, including the exhibits that
are attached and made a part of the contract, and the documents referred to in the form of
agreement as a part of this contract. In the event any conflict between any of those
contract documents, the provision imposing the greater burden on the Architect/Engineer
will control.
ARTICLE XYI
DIP _ RE8QLLM0 JJ
16.1 County and Architect/Engineer 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.
16.2 Any claim, dispute or other matter in question arising out of or related to this
Agreement not resolved by meet and confer sessions shall be subject to non - binding
mediation as a condition precedent to the institution of legal or equitable proceedings by
O
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.
16-3 Mediation shall be held in Monroe County Florida in a location in the Middle
Keys; the location may be moved only by mutual agreement of the parties.
16.4 Mediation shall take place within sixty (60) working days of receipt of notice of
mediation :...M.. the other party. parties f :. : f :... equally.
I
16.5 Agreements ,.:J in mediation be i .1 i. 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
16.6 Nothing in this Agreement shall be construed to interfere with a subsequent order
from
Ak4l y' — s w it"
institution of legal or equitable proceedings.
15.7 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.
ARMLE X II
Additional Reaulrements
i
17.4 Nondiscrimination . Architect/Engineer 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/Engineer 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 19 (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) Ile Age Discrimination Act of
1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of
PP
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
a
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
e
parties to, or the subject matter of, this Agreement.
6
17.10 Covenant of No Interest. Architect/Engineer and County covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict in any
o
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.
17.11 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 gigs; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
1:7.12 No Solicitation/ Payment, The Architect/Engineer 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
0
has not paid or agreed to pay any perso company, corporation, individual, or farm, other
n,
o
than a bona fide employee working solely for it any fee, commission, percentage, gift, or
e
other consideration contingent upon or resulting from the award or making of this
E
Agreement. For the broach or violation of the provision, the Architect/Engineer agrees
that the County shall have the right to terminate this Agreement without liability and, at
E
its discretion, to offset from monies owed, or otherwise recover, the full amount of such
<
fee, commission, percentage, gilt, or consideration.
17.13 Convicted vendor. The Architect/Engineer acknowledges that it has not been
placed on a convicted vendor list by any government entity. A person or affiliate who has
been place on the convicted vendor list following a conviction for public entity crime
may not submit a bid on contract to provide any goods or services to a public entity, may
not submit a bid on a contract with a public entity for the property to public entity, may
not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017 of the Florida
Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed
on the convicted vendor list.
17.14 Public Access. The Architect/Engineer and County shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters or other materials in
FN
its possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the Architect/Engineer and County in conjunction with
this Agreement; and the Architect/Engineer shall have the right to unilaterally cancel this
Agreement upon violation of this provision by County.
17.16 Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relied disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or
employees of any public agents or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the County shall
apply to the same degree and extent to the performance of such functions and duties of
such officers, agents, volunteers, or employ outside the territorial limits of the County.
17.17 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.
17.18 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 Archiwffingineer and the County agree that neither the
Architect/Engineer nor the County or any agent, officer, or employee of either shall have
the authority to inform, counsel, or otherwise indicate that any particular individual or
group of individuals, entity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior to, or superior to the community in general or for
the purposes contemplated in this Agreement.
17.19 Attestations. Architect/Engineer 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.
17.20 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.
97
17.21 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.
17.22 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.
17.23 Construction. All pronouns and any variations thereof shall be deemed to refer to
the masculine, singular or plural, as the identity of the party or parties may require. The
parties hereby acknowledge and agree that each was properly represented by counsel and
this Agreement was negotiated and drafted at 's length so that the judicial rule of
construction to the effect that a legal document shall be construed against the
draftsperson shall be Inapplicable to this Agreement.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed on the
date first above written by its duly authorized representative.
BOAR O • COM MISSI O NERS
D ANNY L. r r ♦ CO UNTY, FL
BY 1 1 814M A— 0e. 4 % 4 �� %
D eputy
MONROE COUNTY ATTORNEY
OVER A F M:
'• „A -P . NjTTON
7) -Y
L)
0
LU
a
0
8
• the city of Win Fer -�
c FL,
,ccording to law • my oath, and under penalty of perjury, depose and say that:
I am V S
of the firm ofA(chitecL 4�tsl I a r) Lfa)g
RM- WR 7 . 1611 � PT TO
Qualifications for:
KJ
0
LU
a
0
. - - - �a
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.
• . Make a good _ • to continue to maintain a drug-free • • _ - throug
im plementation of - •
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
W-4111911MAW94
ETHICS CLAUSE
A r-av If ds ruo I tv
(Company)
�tgnat
I
STATE OF: torldcL
COUNTY OF: ) rcm
-Q �
Subscribed and sworn to (or affirmed) before me on - - Ocrav
(date) by S. Ree ve 5
persona!! cs�o to me or has produced
as identification. (type of identification)
KIMBERLY NICHOLS
mycowASSIONODD8W19
EXKW: FdXBKY is 2013
Z AMY RNeurYArou Q1.
(name of affiant). He/She is
EM
N A Y PUBLI
My commission expires:
f �
KJ
0
LU
a
0
Go
T
04
as
CD
0
Ca
E
BtS
q
Architects Design Group I ADG, Inc. INSURER C
333 North Knowles Avenue INSURER 0
Winter Park, FL 32789
INSURER E
INSURER F
GEWL AMRLGATE LPAIT APPLIES PER
POLICY X J PE&-
X: LOC
OTHER
DIED X RETENTION $ 0
A AUTOMOBILE LIABILITY
A WORKERS COMP EN SAnQN
X ANY AUTO
AND EMPLGYaRV LIABILITY
OWNED
SCHEDULED
AUTOS ONLY
I
AUTOS
H
AM ONLY ,
VOM
PSADOO1665
X UMBRELLA LEAS X OCCUR
EXCESS LIAR CLAIMS 4AADE
PSE0003i'17
DIED X RETENTION $ 0
A WORKERS COMP EN SAnQN
AND EMPLGYaRV LIABILITY
IPSWOOD23OR
A-NY PROPS VOWPAR TNERMAECUTIVE
N NfA
8051=41151-1% EXCLUDED?
It 0*101be wwat
D RIPTION OF OPERATIg.jj.below
in
B Professional Llab.
S
I : EACH OCCURRENCE
0111212017'01112J2018
AGGREGATE
4,000,
- 4— -- ' : PER X — _31A1ti1iE .- kR
0111212017 01112120113 S 1.000,OOD
E-L EACHACCIDENT
I- L DISME - FA ELI PLO Y1 F S 1,000.000
E I OkSME • PGLICYLIMIt 5 1,000, - 000
0111711®17 0111212016 1 0 - 0 CialnVA99regale
GESCRIP"ONoFopeRA=ssILiDCA'nDNSJVFHICLES ACORD 101, AdditIonol Ramwksfthetluls, maybe muschod If more apace If required)
RE: Marathon Emergency Operations Center (90C)
as
QJ
CU
GENERAL AGGREGATE
5
PRODUCTS - COUVIOP AGO
J
COMBINED SiNGLE LIMIT
ILI 11 2 "I
0111212017 0111212018 BODILY tKiURY tPer "rro)
BODILY IKWY [Per gWdenj
ROOEXTY
(Fat Itow"
S
as
QJ
CU
0
■
I �
I
am
I
I
11
t.
Cl
IL
111 %
0
Rt
2 %
(a)
i4 \
o
ce
t
S
11-
1- t
o
I �
I
am
I
I
11
t.
Cl
IL
111 %
0
(a)
i4 \
g�
ce
0
CL
0
L-
CL
0
I
0
CL
0
70 C: (D I
-.-: 7C)
c 0 u
u a)
a) 1E
0
2 u
0
0
0
E 70
0
0
o
0
0
C �
C) 7C) ()
<
0
CY)
o
�3
0
0-
0)
CT
C:
C)
0)
>
0
0) U.9
a) -
on o
> o
C) - c a) U
CD
a)
0 (D
C:
-
a) -0 E
U
— o
2
0
�t 0
0 U 0
- a d
E
LU
U
- CZ Ln
0
C
0 E
Q) c .—
L- —
C)
0
D V)
0
0
E In �
a 0
:)
0 0 D-
C ,
<
0
(D 7C) —
V� = C
C3 vi
E :E
0
L
Ln
0
C)
D 0 0 D
0 = ?: 0
—
"
0
0
(D
Zn
(D cn E
<
<
D-
x
a
Z)
u
Q-
> 0
u C)
LIJ
a) -0
a) E > p
0 0 u
3� Co
.
LLJ
ui
__j
0 — 0
c` "
C) a)
C3
0
(D
V;
0
0
_a
7C)
> 0 0) o
C)
:
us 0 cl)
. 5
C:
E
CL
4) a)
CN
oz
<
E E
a) C:
C)
:F 2�
0 -0
r- o
0
-0
C3 >
0)
0
® C3
ILI o u
u 0
Q) 0
-9
Q)
70
0
o a-,
o 0
w
u
0
I
0
CL
0