Item C13
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Mav 15. 16th. 2002
Division: Public Works
Bulk Item: Yes~ No
Department: Enaineering/Construction Management
AGENDA ITEM WORDING: Approval to waive purchasing policies and procedures and award
contract to Gonzalez Architects and for Professional Services for design of 2nd chiller at Jackson
Square.
ITEM BACKGROUND: Plans for the New Judiciary Building are approximately 50%. Included in this project
is a chilled water system that will serve this building and will also serve as a backup for the existing chilled water
system serving the Old Courthouse and Courthouse Annex. The existing system has gone down from time to
time disrupting court operations. Since the completion of the New Judicial Building, with the chiller, is two years
away, we would like to pull the chiller out of this big project and do that work separately. Doing so will enable
the backup chiller to be brought on line, 'within months, and may save the County some money by minimizing
overhead and profit paid to a General Contractor.
PREVIOUS REVELANT BOCC ACTION:
CONTRACT I AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST $44.000.00
BUDGETED: Yes X- No
COST TO COUNTY: $44.000.00
REVENUE PRODUCING: Yes
No -X AMOUNT PER MONTH_ Year
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
To Follow_
Not Required_
DISPosmON:
AGENDA ITEM # ~
Revised 2/27/01
MQNROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Gonzalez Architects
Contract #
Effective Date:
Expiration Date:
Contract Purpose/Description:
A roval to award contract to Gonzalez Architects and Monroe Count for Professional
Services for desi of2n Chiller at Jackson S uare.
4468
(Ext. )
En Construction Mana ement
(Department/Stop #)
for BOCC meeting on May 15,16th 2002
A enda Deadline: Ma 1, 2002
CONTRACT COSTS
Total Dollar Value of Contract: $ $44,000.00 Current Year Portion: $
Budgeted? Yes0 No 0 Account Codes: ----304-24000-560620-CG9813-~~
Grant: $ N/A ----
County Match: $ N/ A
Estimated Ongoing Costs: $/yr
(Not included in dollar value above
ADDITIONAL COSTS
For: N/A
(e . maintenance, utilities, 'anitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director YesO NoD
Date Out
o .M.B./Purchasing
County Attorney -c: I - ~() Z YesO No
OMB Form Revised 2/27/01 MCP #2
CONTRACT FOR
PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECT
1998 EDITION
These contract documents should be used only after consultation with counsel.
The documents are not intended as legal advice appropriate to any specific
situation, nor do they purport do address all issues which may arise between the
contracting parties. The documents should be amended or supplemented where
appropriate.
THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN
OWNER AND ARCHITECT (the "Contract") is made and entered into by
MONROE COUNTY, BOARD OF COUNTY COMMISSIONERS (the "Owner')
and GONZALEZ ARCHITECTS. This contract is executed under seal and shall
be effective on the date executed by the last party to execute it.
The professional services required by this Contract are to be rendered for
Chilled Water System at Jackson Sauare identified as the Project, described as
follows:
These services shall include, but not be limited to: Preparation and completion of
the design program for space requirements and relationships, schematic design,
design development, preparation of contract documents for bids, preparation and
advertisement for Request for Bids, tabulation and review of bids,
recommendatfon of contract awards, cost estimating during design and
document preparation, administration of contract documents, consultation and
on-site inspections during construction, review and recommend approval of
contractor invoices, preparation and submittal of permit applications, zoning
applications, public presentations and presentations to the County Commission.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the
sufficiency of which hereby acknowledged, the Owner and the Architect agree:
FORM OF AGREEMENT
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Contract, the Architect makes the following express
representations and warranties to the Owner:
1.1.1 The Architect is professional qualified to act as the architect for the Project
and is licensed to practice architecture by all public entities having jurisdiction
over the Architect 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 thereunder have been fully satisfied;
1.1.3 The Architect 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 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 in
consistent with professional skill and care and the orderly progress of the Work.
The Architect shall submit, for the Owner's and Construction Manager's
information, a schedule for the performance of the Architect's services which may
be adjusted as the Project proceeds if approved by the Owner, and shall include
allowances for periods of time required for the Owner's and Construction
Management's review, and for approval of submission by authorities having
jurisdiction over the Project. Time limits established by this schedule and
approved by the Owner may not be exceeded by the Architect except for delay
caused by events not within the control of the Architect or foreseeable by him. In
the event the Architect does not conform to the schedule, then the Architect may
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be assessed a charge up to one percent (1 %) of the fee per week until the work
product is produced in an acceptable manner. The penalty shall apply only to the
completion of documents required for bidding, said date being met with the
delivery of one final set to the Owner. The Owner shall assess the charge only
after it is determined that the work is solely the fault of the Architect and his
subconsultants and is not the fault of the owner or other parties not under the
control of the Architect.
ARTICLE II
SCOPE OF ARCHITECT'S BASIC SERVICE
2.1 DEFINITION
2.1.1 Architect's Basic Services consist of those described in Paragraphs 2.2
through 2.5, and other services identified as part of Basic Services, and include
normal 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 per Article 4.5.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall review the 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 Construction Manager:
proposed site use and improvements, required permits, zoning, selection of
materials, building systems and equipment; and method of Project delivery.
2.2.3 The Architect shall review with the Owner and Construction Manager
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.
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2.2.5 At levels of completion of 25%, 50% and 75% of the Schematic Design
Phase, the Architect shall provide schematic design studies for the Owner's
review and the Construction Manager's information.
2.2.6 Upon completion of the Schematic Design Phase, the Architect shall
provide drawings, outline specifications, estimate of anticipated cost in
accordance with the schematic designs, and other documents for the Owner's
approval and the Construction Manager's information.
2.3 SCHEMATIC DESIGN PHASE REQUIREMENTS
2.3.1 The Schematic Design Phase services shall respond to program
requirements and consist of preparation of: conceptual site and building plans,
preliminary sections and elevations, development of approximate dimensions,
areas and volumes, concept sketches as required to explain the design intent to
the owner. Perspective renderings and models, if required by the Owner, will be
billed as an additional service as billed as a reimbursable expense if that service
is performed by additional consultants after the Owner's written approval.
The Architect shall perform the following design phase tasks:
a. Structural Design/Documentation services during the Schematic
Design Phase consisting of recommendations regarding basic
structural materials and systems, analyses, and development of
conceptual design solutions for: a predetermined structural system
and alternate structural systems.
b. Mechanical Design/Documentation services during the Schematic
Design Phase consisting of consideration of alternate materials,
systems and equipment, and development of conceptual design
solutions for: energy source (s), energy conservation, heating and
ventilating, air conditioning, plumbing, fire protection, special
mechanical systems, process systems, and general space
requirements.
c. Electrical Design/Documentation services during the Schematic
Design Phase consisting of consideration of alternate. systems,
recommendations regarding basic electrical materials, systems and
equipment, analyses, and development of conceptual design
solutions for: power service and distribution, lighting, telephones,
fire detection and alarms, security systems, electronic
communications, special electrical systems, and general space
requirements.
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d. Civil Design/Documentation services during the Schematic Design
Phase consisting of consideration of alternate materials and
systems and development of conceptual design solutions for: on-
site utility systems, off-site utilities work, fire protection systems,
drainage systems, and paving.
2.4 DESIGN DEVELOPMENT/DOCUMENT PHASE
2.4.1 Based on the approved Schematic Design Documents and any
adjustments authorized by the Owner in the program, schedule or construction
budget, the Architect shall prepare Design Development Documents for the
Construction Manager's review and the Owner's approval. The Design
Development Documents shall consist of drawing and other documents that
establish and describe the size and character of the Project as to architectural,
structural, mechanical and electrical systems, materials and such other elements
as may be appropriate.
2.4.2 At intervals mutually agreeable to the Owner, Construction Manager and
Architect, the Architect shall provide drawings and other documents which depict
the current status of design development for the Owner's review and the
Construction Manager's information. The Architect shall provide an estimate of
anticipated cost in accordance with the design development phase.
2.4.3 Upon completion of the Design Development Phase, the Architect shall
provide drawings, outline specifications and other documents for the Owner's
approval and the Construction Manager's information. The Architect shall
provide an estimate of anticipated costs in accordance with the design
development phase.
2.4.4 The Design Development Documents must be approved in writing, by the
Owner prior to Architect continuing to the Construction Documents Phase.
2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS
To satisfactorily perform the design development phase requirement, the
Architect must complete the tasks set forth in paragraphs 2.5.1 - 2.5.13.
2.5.1 Floor Plans - This consists of general plans, overall coordinating plans,
and plan enlargements for important and special areas.
Data required:
a. Building perimeter (footprint) and exterior wall type, thickness and
composition fixed
b. Structural grid or system
c. Major mechanical/electrical systems determined and their requirements
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reflected and indicated on plans
d. Indicate buildings core - elevators, stairs, etc.
e. All internal partitions of appropriate thickness indicated
f. Floor, slab, and level elevations
g. Typical door types
h. Typical partition types
i. Built-in furniture items - special furniture and equipment (early clarification
of what is "NIC" and "by owner")
j. Larger scale (e.g., -v.."). Key areas, lobby, entries, public plaza, major
corridors,special spaces, etc. Required: All surfaces (floor, wall, and
ceiling treatments), furniture indication, and layout.
2.5.2 General Elevations
a. Total full-height facades including roof structures
b. All fenestration
c. Overall vertical building and floor heights
d. Indicate cross-reference points with sections
e. Indicate setbacks, building profiles, expansion joints, etc.
f. Indicate treatment of visible mechanical equipment
g. System impact (precast concrete, stone, panel systems, metal/glass
curtain wall, etc.) properly selected by adequate technical investigation.
2.5.3 Sections
Overall Sections - Overall building longitudinal and transverse "building
explanation" type.
Detail Wall Sections - Largest scale (e.g., %"). Dominate full-height
sections conveying basic building configuration, to indicate:
a. Foundation and perimeter treatment
b. Typical wall construction
c. Back-up structure, abutting floor systems
d. Window location and insulation methods
e. Flashing, masonry coursings
f. Mechanical penetrations impact (furring, etc.)
g. Parapet design
2.5.4 Details - Large scale (1-1/2", 3") as required. Indicate key conditions.
a. Window types: divisions, pattern, mullion profiles, vent detail,
glazing type, jamb/head, plan section
b. Hollow metal (typical only; keyed to plans and schedules)
c. Frame types (typical only; for compatibility and profile)
d. Stair types - egress, public, exterior (including railing design)
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e. 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:
a. Breaks
b. Level changes
c. Pertinent vertical dimensions.
2.5.6 Reflected Ceiling Plans - Typical and special space. Integrated plans
reflecting structural, mechanical, and electrical impacts. Plans to indicate:
a. Lighting layouts
b. Soffits, coves, furrings
c. Skylight locations
d. Ceiling materials
e. Acoustic treatments
f. Heating and ventilating register, diffuser locations
g. Sprinklers
h. Access panels
2.5.7 Schedules - Schedules to be nonrepetitive and comprehensive, with
specific keying to floor plans and elevations.
a. Interior finishes
b. Doors and frames
c. Preliminary hardware
d. Windows/glazing
2.5.8 Specifications - Comprehensive, abbreviated methods, materials and
systems descriptions in tune with drawings. Use CSI format with
applicable section numbers. Include all consultant portions as well as
those special supplementary conditions specific to the project
2.5.9 Preliminary Estimate of Construction Cost - Adjustment of the
preliminary estimate of construction cost prepared at the end of schematic
design.
2.5.10 Structural Design Development Set
a. Floor plans at the same scale as the architectural drawings
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b.
c.
d.
Typical floor framing plans, including sizing of beam drops, slab
openings, thicknesses, and depressions
Framing indication and governing sizing at: roof structures,
penthouse, bulkheads, other
Nontypical framing scheme where required: lobby, floors at grade,
and other
All column points established
Final column schedule
Preliminary details and sections to adequately indicate structural
system
Preliminary details of major unique conditions that impact on
scheme (as determined by the architect)
Details indicating accommodation with mechanicaVelectrical at
areas of major interface
Design development specifications
Any necessary recommended adjustments to the preliminary
estimate of construction cost.
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e.
f.
g.
h.
i.
j.
k.
2.5.11 Mechanical/Electrical Design Development Set
a.
Typical floor plans. Systems representation in diagrammatic
(nondetailed) style, major items of equipment indicated, their space
requirements and interface requirements with other systems.
Indicate: major shafts (sizes), chases, mechanical rooms and
electric closets, and convectorlfan coil locations, etc.
Required punctures: wall, slab, and beam
Terminal plans (lobby, cellar, roof) with items of heavy equipment
shown in diagrammatic style, with their space requirements
indicated: (1) Boiler/heater spaces (include clear height
requirements), (2) Transformer vaults (approved obtained from
local utility company), (3) Switchgear, emergency generator, water
storage tanks, fire pumps, etc., (4) Roof cooling towers, major air-
conditioning and air-handling equipment, packaged units, etc.
Locations of major roof-air handling equipment: cooling towers,
exhaust fans, etc.
Preliminary details of major and unique conditions that impact on
scheme (as determined by the architect) . .
Data to be developed in conjunction and in coordination with the
project team:
1. I nte rg rated diagrammatic lighting plans indicating all
overhead mechanical and electrical equipment for typical
floor and special spaces
2. Cuts and explanatory information for interior visual items
such as: louvers, registers, heating/cooling units, and
cabinets.
3. Exterior louver requirements and proposed locations.
b.
c.
d.
e.
f.
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2.5.12 Site Design Development Set
a.
Building location plan--building tied down dimensionally with
pertinent adjacencies, street lines and grades, property lines,
required setbacks, easements, rights of way, manholes, sewers,
hydrants, light standards, etc., interfaced with survey.
Main entry level datum elevation with key exterior grades at
building perimeter.
Site development grading and landscaping plans
Overall preliminary site grading and defined design of external
elements, properly coordinated and interfaced with
mechanical/electrical for utility entry points
Indicate areaways, vaults, access to subgrade spaces
Preliminary site and exterior building lighting scheme with
identification of fixture types
Parking area defined with preliminary plotting
Indication of paths, stairs, ramps, berms, terraces, etc.
Plant materials (indication and preliminary schedule)
Design development details: railings, stairs, ramps, paving types
and patterns, kiosks, benches, light standards, others
Design development specifications
Any necessary adjustments to the preliminary estate of construction
cost.
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b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
I.
2.5.13 Other Consultants' Design Development Sets
As appropriate to the Project.
2.5.14 Limitations - The above list of drawings represents, in general, the
requirements ofthe Project.
2.6 CONSTRUCTION DOCUMENTS PHASE
2.6.1 Based on the approved Design Development Documents and any further
adjustments authorized by the Owner in the scope or quality of the Project of in
the construction budget, the Architect shall prepare, for approval by the Owner
and Construction Manager, Construction Documents consisting of Drawings and
Specifications setting forth in detail the requirements for the construction of the
project.
2.6.2 The Architect shall provide Drawings and Specifications for the Owner's
and the Construction Manager's review.
2.6.3 Upon completion of the Construction Documents Phase, the Architect
shall provide Construction Documents for the Owner's and Construction
9
Manager's approval. The Architect shall provide an estimate of anticipated costs
in accordance with the construction development phase.
2.6.4 The Architect shall assist the Owner and Construction Manager in the
preparation of the necessary bidding information, bidding forms, the Conditions
of Contracts, and the forms of Agreement between the Owner and the
Contractors.
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2.6.5 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 denied, then the Architect will conform the construction
documents in such manner to receive permits upon such plans. Work required
by the Architect to conform the documents to federal, state, city, county, or
agency specifications to allow them to be approved shall be completed at no
charge or cost to the Owner.
2.7 BIDDING OR NEGOTIATION PHASE
2.7.1 The Architect, following the Owner's approval of the Construction
Documents and the Architect's latest estimate of Construction Cost, shall assist
the Construction Manager is obtaining bids or negotiated proposals and assist in
preparing contracts for construction.
2.7.2 The Architect shall assist the Construction Manager in issuing bidding
documents to bidders and conducting pre-bid conferences with prospective
bidders. The Architect, with the assistance of the Construction Manager, shall
respond to questions from bidders, and shall issue addenda.
2.7.3 The Architect shall assist the Owner and Construction Manager in
connection with the Owner's responsibility for filing documents required for the
securing of a building permit after the County has obtained development
approval. Assistance with securing a development approval will be in the form of
providing schematic drawings.
2.8 CONSTRUCTION PHASE - ADMINISTRATION OF THE
CONSTRUCTION CONTRACTOR
2.8.1. 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/Contractor contract as provided for in that document. The Architect
10
agrees to perform a project check prior to the end of the warranty period as a
part of the contract. The check shall not exceed one working day unless
additional time is approved by the Owner.
2.8.2 The Architect shall at all times have access to the Work whenever it is in
preparation or progress.
2.8.3 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 Construction Manager.
2.8.4 Upon receipt, the Architect shall carefully review and examine the
Contractor's Schedule of Values, together with any supporting documentation or
data which the Owner or the Architect 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, or if the supporting documentation or data is deemed to be
inadequate, and unless the Owner directs the Architect to the contrary in writing,
the Schedule of Values shall be returned to the Contractor for revision of
supporting documentation or data. After making such examination, if the
Schedule of Values is found to be appropriate as submitted, or if necessary. as
revised, the Architect 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 shall not
approve such Schedule of Values in the absence of such belief unless directed to
do so, in writing, by the Owner.
2.8.5 The Architect shall carefully inspect the work of the Contractor and shall,
at a minimum, inspect work at the Project site once every week. The purpose of
such inspections shall be to determine the quality and quantity of the work in
comparison with the requirements of the Construction Contract. In making such
inspections, the Architect shall protect the Owner from continuing deficient or
defective work, from continuing unexcused delays in the schedule arid from
overpayment to the Contractor. Following each inspection, the Architect shall
submit a written report of such inspection, together with any appropriate
comments or recommendations to the Owner.
2.8.6 The Architect 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
11
reliably informs the Owner that the Architect has made the inspection of the work
required, and that the work for which payment is approved has reached the
quantities or percentages of completion shown, or both, that the quality of the
Contractor's work meets or exceeds the requirements of the Construction
Contract, and that under the terms and conditions of the Construction Contract,
the Owner is obligated to make payment to the Contractor of the amount
approved.
2.8.7 The issuance of a Certificate for Payment shall not be a representation
that the Architect has (1) made exhaustive or continuous on-site inspections to
check the quality or quantity of the Work. (2) reviewed construction means,
methods, techniques, sequences or procedures. (3) reviewed copies of
requisitions received from Subcontractors and material suppliers and other data
requested by the Owner to substantiate the Contractor's right to payment or (4)
ascertained how or for what purpose the Contractor has used money previously
paid on account of the Contract Sum.
2.8.8 The Architect shall have authority, after notification to the Construction
Manager, to reject Work, which does not conform to the Contract Documents.
Whenever the Architect considers it necessary or advisable for implementation of
the intent of the Contract Documents the Architect 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 shall review and approve or take other appropriate action
upon Contractor's submittals such as Shop Drawings, Product Data and
Samples, but only for the limited purpose of checking for conformance with
information given and the design concept expressed in the Contract Documents.
The Architect'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's professional judgment to
permit adequate review. Review of such submittals is not conducted for the
purpose of determining the accuracy and completeness of other details such as
dimensions and quantities or for substantiating instructions for installation or
performance of equipment or systems designed by the Contractors, all of which
remain the responsibility of the Contractors to the extent required by the Contract
Documents. The Architect's review shall not constitute approval of safety
precautions or, unless otherwise specifically stated by the Architect, of
construction means, methods, techniques, sequences, or procedures. The
Architect's approval of a specific item shall not indicate approval of an assembly
of which the item is a component. When professional certification of
performance characteristic of materials, systems or equipment is required by the
Contract Documents, the Architect shall be entitled to rely upon such certification
to establish that the materials, systems or equipment will meet the performance
criteria required by the Contract Documents. Architect shall take appropriate
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action on submittals within 14 calendar days. The Architect 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 shall review and sign or take other appropriate action on
Change Orders and Construction Change Directives prepared by the
Construction Manager for the Owner's approval and execution in accordance
with the Contract Documents. Architect to take appropriate action within 7
calendar days.
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2.8.11 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.
2.8.12 The Architect shall require inspection or reinspection and testing or
retesting of the work, to include architectural, structural, mechanical and
electrical engineering portions of the work, in accordance with the provisions of
the Construction Contract whenever appropriate.
2.8.13 The Architect, assisted by the Construction Manager, shall conduct
inspections to determine the dates of Substantial Completion and the date of
Final Completion. The Architect shall submit to the Owner a list comprised of
incomplete and/or unacceptable items required by the Contract Documents to
include architectural, structural, mechanical and electrical engineering portions of
the work. The Architect shall forward to the Construction Manager warranties
and similar submittals required by the Contract Documents which have been
received from the Contractor. The Architect shall issue a final Project Certificate
for Payment upon compliance with the requirements of the Contract Documents.
2.8.14 The Architect shall interpret and decide matters concerning performance
of the Contractor under the requirements of the COJ'!tract Documents upon written
request. The Architect's response to such requests shall be made with
promptness and within seven (7) days of receipt of request.
2.8.15 Interpretations and decisions of the Architects shall be cons,istent with the
intent of and reasonably inferable from the Contract Documents and shall be in
writing or in the form of drawings and submitted on proper Construction Change
Directives.
2.8.16 The Architect 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.
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2.8.17 Duties, responsibilities and limitations of authority of the Architect shall not
be restricted, modified or extended without written agreement of the Owner and
Architect.
2.8.18 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. This advise and
consultation shall be limited to verbal comment on actions of the Owner and shall
not necessitate filing of records, forms, or revisions to drawings, without
additional compensation.
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2.8.19 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.
2.8.20 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.
2.8.21 The Architect shall testify in any judicial proceeding concerning the design
and construction of the project when requested in writing by the Owner, and 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 inyestigating any claims, contentions, allegations, or legal actions
relating to, or arising out of, the design or construction of the project. Testimony
will be provided as part of the basic services when in defense of claims for
actions of the Architect, unless otherwise prevented by counsel of the architect
and which time it would be subject to subpoena. For other claims against the
Owner, the Architect will do this under an expert witness with compensation.
2.8.22 The Architect shall review any as-built drawings furnished by the
Contractor and shall certify to the Owner that same are adequate and complete.
2.8.23 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.
14
2.8.24 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
3.1 GENERAL
3.1.1 The services described in this Article III are not included in Basic Services
with the exception of those services specified in Exhibit B. They shall be paid for
by the Owner as provided in this agreement as an addition to the compensation
paid for the Basic Services but only if approved by the Owner before
commencement.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in
subparagraph 2.8.5 is required, the Architect shall provide one or more project
representatives to assist in carrying out such additional on-site responsibilities.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing detailed quantity surveys or inventories of material and
equipment.
3.4.2 Providing analyses of owning and operating costs.
3.4.3 Providing interior design and other similar services required for or in
connection with the selection, procurement or installation of furniture, furnishings
and related equipment.
3.4.4 Providing assistance in the utilization of equipment or systems such as
testing, adjusting and balancing, preparation of operation and maintenance
manuals, training personnel for operation and maintenance, and consultation
during operation.
3.4.5 Providing planning surveys, site evaluations or comparative studies of
prospective sites.
3.4.6 Providing special surveys or environmental studies required for approvals
of governmental authorities or others having jurisdiction over the project.
3.4.7 Providing service relative to future facilities, systems and equipment.
15
3.4.8 Providing detailed estimates of the construction cost (an. item by item
enumeration and analysis of all the costs that go to make up the Architect's final
estimate described in paragraph 5.1).
3.4.9 Making investigations, inventories of materials or equipment, or valuations
and detailed appraisals of existing facilities.
3.4.10 Providing services of consultants for other than architectural, structural,
mechanical and electrical engineering portions of the Project provided as a part
of Basic Services.
3.4.11 Providing any other services not otherwise included in this Agreement or
not customarily furnished in accordance with generally accepted architectural
practice.
3.4.12 Providing assistance with public agencies requiring formal review of
project and preparation of documents, reports, studies, renderings, models,
payment of fees, applications and other material necessary to seek such
approval.
3.4.13 Providing representation before public bodies in conjunction with approval
of project, upon approval by owner.
3.5 CONTINGENT ADDITIONAL SERVICES
3.5.1 Making revisions in Drawings, Specifications or other documents when
such revisions are:
a. Inconsistent with approvals or instructions previously given by the
Owner, including revisions made necessary by adjustments in the
Owner's program or Project budget;
b. Required by the enactment or revision of codes, laws or regulations
subsequent to the preparation of such documents and not
reasonably anticipated; or
c. Due to changes required as a result of the Owner's failure to render
decisions in a timely manner.
3.5.2 Providing services required because of significant changes in the Project
including, but not limited to, size, quality, complexity, the Owner's schedule, or
the method of bidding or negotiating and contracting for construction.
3.5.3 Providing consultation concerning replacement of work damaged by fire or
other cause during construction, and furnishing services required in connection
with the replacement of such work.
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3.5.4 Providing services in connection with public hearings.
ARTICLE IV
OWNER'S RESPONSIBILITIES
4.1 The Owner shall establish and update an overall budget for the Project
based on consultation with the Construction Manager and the Architect, which
shall include the Construction Cost, the Owner's other costs and reasonable
contingencies related to all of these costs.
4.2 The Owner shall designate the Construction Manager to act on the
Owner's behalf with respects to the Project. The Owner or Construction Manager
shall render decisions in a timely manner pertaining to documents submitted by
the Architect in order to avoid unreasonable delay in the orderly and sequential
progress of the Architect's services.
4.3 The Owner shall furnish surveys describing physical characteristics, legal
limitations and utility locations for the site of the Project, and a written legal
description of the site. The surveys and legal information shall include, as
applicable, grades and lines of streets, alleys, pavements, and adjoining property
and structures; adjacent drainage; rights-of-way; restrictions, easements,
encroachments, zoning, deed restrictions, boundaries and contours of the site;
locations, dimensions and necessary data pertaining to existing buildings, other
improvements and trees; and information concerning available utility services
and lines, both public and private, above and below grade, including inverts and
depths. All the information on the survey shall be referenced to a Project
benchmark.
4.4 The Owner shall furnish the geotechnical tests when requested by the
Architect. Such tests may include, but not limited to, test borings, test pits,
determinations of soil bearing values, percolation tests, evaluations of hazardous
materials, and ground corrosion and resistively tests, including necessary
operations for anticipating subsoil conditions, with reports and appropriate
professional recommendations.
4.5 The Owner shall furnish all legal, accounting and insurance cqunseling
services as may be necessary at any time for the Project, including. auditing
services the Owner may require to verify the Contractor's Application for
Payment or to ascertain how or for what purposes the Contractor has used the
money paid by or on behalf of the owner.
4.6 The services, information, surveys and reports shall be furnished at the
Owner's expense, and the Architect shall be entitled to rely upon the accuracy
and completeness thereof.
17
4.7 Prompt written notice shall be given by the Owner and Construction
Manager to the Architect if they become aware of any fault or defect in the
Project or non-conformance with the Contract Documents.
4.8 The proposed language of certificate or certificates requested of the
Architect or Architect's consultants shall be submitted to the Owner for review
and approval at least 14 days prior to execution. The Owner shall not request
certifications that would require knowledge or services beyond the scope of this
Agreement.
4.9 The Owner shall furnish the required information and services and shall
render approvals and decisions as expeditiously as necessary for the orderly
progress of the Architect's services and work of the contractors.
4.10 The Owner shall furnish the Architect copies of written communications.
4.11 The Owner's review of any documents prepared by the Architect or its
consultants shall solely for the purpose of determining whether such documents
are generally consistent with the Owners 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.
4.12 The Owner shall furnish structural, mechanical, chemical, air and water
pollution tests, tests for hazardous materials, and other laboratory and
environmental tests, inspections and reports required by law or the Contract
Documents.
ARTICLE V
CONSTRUCTION COST
5.1 Contemporaneously with the submission of the Design of Construction,
the Architect shall submit to the Owner in writing its final estimate of the
contractor's anticipated price for constructing the Project. Once submitted, the
final anticipated price estimate shall be adjusted by the Architect to reflect any
increase or decrease in anticipated price resulting from the change in Design for
Construction.
5.2 The Construction Cost shall be the total estimated cost to the Owner of all
elements of the project designed or specified by the Architect.
5.3 The Construction Cost shall include the cost at current market rates of
labor and materials furnished by the Owner and equipment designed, specified,
selected or specially provided for by the Architect, plus a reasonable allowance
for the Contractor's overhead and profit.
18
5.4 Construction cost does not include the compensation of 'the Architect and
the Architect's consultants, the costs of land, rights-of-way, financing or other
costs which are the responsibility of the Owner.
5.5 The Architect agrees that, should the bid for construction of the project
exceed it's estimate by ten percent (10%) or more, it will redesign, redraw and/or
rebid, at no additional or expense to the Owner, until the bids are within the
stated limits.
ARTICLE VI
6.1 INDEMNIFICATION AND HOLD HARMLESS
6.1.1 The Architect convenants and agrees to indemnify and hold harmless
Monroe County and Monroe County Board of County Commissioners from any
and all claims for bodily injury (including death), personal injury, and property
damage (including property owned by Monroe County) and any other losses,
damages, and expenses (including attorney's fees) which arise out of, in
connection with, or by reason of services provided by the Architect in any tier,
occasioned by the negligence, errors, or other wrongful act or omission of the
Architect in any tier, their employees, or agents. The first ten dollars ($10.00) of
remuneration paid to the Architect is 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. Should any
claims be asserted against the Owner by virtue of any deficiency or ambiguity in
the plans and specifications provided by the Architect, the Architect agrees and
warrants that he shall hold the Owner harmless and shall indemnify him from all
losses occurring thereby and shall further defend any claim or action on the
Owner's behalf.
ARTICLE VII
7.1 PERSONNEL
7.1.1 The Architect shall assign only qualified personnel to perform any service
concerning the project. At the time of execution of this contract, the parties
anticipate that the following named individuals will perform those functions as
indicated:
NAME
FUNCTION
So long as the individuals named above remain actively employed or retained by
the Architect, they shall perform the functions indicated next to their names. ..
19
ARTICLE VIII
8.1 PAYMENTS
8.1.1 For its assumption and performances of the duties, obligations and
responsibilities set forth herein, the Architect shall be paid monthly, in
accordance with the following schedule:
(A) The Architectural fee shall be based on the following criteria:
TOTAL
$15,400.00
$17,600.00
$ 2,200.00
$ 8.800.00
$44,000.00
1.
2.
3.
4.
Design Development Phase
Construction Documents Phase
Bidding or Negotiation Phase:
Construction Phase
(B) For the performance of the optional additional services and
contingent additional services described in Article III of this contract, provided
same are first authorized in writing by the Owner, the Architect shall be paid
hourly at the rates identified in Exhibit B, or as negotiated.
(C) If the Architect's duties, obligations and responsibilities are
materially changed through no fault of the Architect after execution of this
contract, compensation due to the Architect shall be equitably adjusted, either
upward or downward;
(D) As a condition precedent for any payment due under this contract,
the Architect shall submit monthly, unless otherwise agreed in writing by the
Owner, an invoice to the Owner requesting payment for services properly
rendered and reimbursable expenses due hereunder. The Architect's invoice
shall describe with reasonable particularity the service rendered. The Architect's
invoice shall be accompanied by such documentation or data in support of
expenses for which payment is sought at the Owner may require.
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable expenses include expenses incurred by the Architect in the
interest of the project:
a. Expense of transportation submitted by Architect, in writing, and
living expenses in connection with out-of-county travel authorized
by the Owner, in writing, but only to the extent and in the amounts
authorized by Section 112.061, Florida Statutes;
b. Fees paid for securing approval of authorities having jurisdiction
over the project;
20
d.
e.
f.
living expenses in connection with out-of-county travel authorized
by the Owner, in writing, but only to the extent and in the amounts
authorized by Section 112.061, Florida Statutes;
Fees paid for securing approval of authorities having jurisdiction
over the project;
Reproductions (beyond 6 signed and sealed sets, plus one set of
reproductibles);
Postage and handling of Drawings and Specifications;
Renderings and Models requested by the Owner.
Expense of additional insurance coverage or limits, including
professional liability insurance requested by the Owner in excess of
$1,000,000.
b.
c.
ARTICLE IX
9.1 APPLICABLE LAW
9.1.1 This contract is governed by the laws of the State of Florida. Venue for
any litigation arising under this contract must be in Monroe County, Florida.
ARTICLE X
10.1 OWNERSHIP OF THE PRELIMINARY DESIGN AND THE DESIGN FOR
CONSTRUCTION
10.1 The Drawings, Specifications and other documents prepared by the
Architect 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, for
additions to this project or for completion of this project by others, unless the
Architect is adjudged to be in default under this Agreement, 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.
ARTICLE XI
11.1 SUCCESSORS AND ASSIGNS
11.1.1 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. Subject to the provisions of the immediately preceding
21
representatives to the other and to the successors, assigns and legal
reprE3sentatives of such other party.
ARTICLE XII
12.1 NO THIRD PARTY BENEFICIARIES
12.1.1 Nothing contained herein shall create any relationship, contractual or
otherwise, with or any rights in favor of, any third party.
ARTICLE XIII
13.1 INSURANCE
13.1.1 The Architect shall obtain insurance as specified in the attached Exhibit A
and maintain the required insurance at all times this contract is in effect. Errors
and Omissions Insurance shall also be maintained for a period of one year after
final completion of the project. In the event the completion of the project (to
include the work of others) is delayed or suspended as a result of the Architect's
failure to purchase or maintain the required insurance, the Architect shall
indemnify the County from any and all increased expenses resulting from such
delay.
13.1.2 The coverage provided herein shall contain an endorsement providing
sixty (50) days notice to the Owner prior to any cancellation of said coverage.
Said coverage shall be written by an insurer acceptable to the Owner and shall
be in a form acceptable to the Owner.
ARTICLE XIV
TERMINATION
14.1 Either party hereto may terminate this contract upon giving seven (7) days
written notice to the other in the event that such other party substantially fails to
perform its material obligations set forth herein. Termination expenses shall
include all expenses till date of termination and any additional services required
in order to stop performance of services, subject to audit for verification.
14.1.1 Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Board of County Commissioners
and the approval of the Board members at the time of contract initiation and its
duration.
22
ARTICLE XV
ENTIRE AGREEMENT
15.1 This contract constitutes of the form of agreement (Articles I-XV), the
exhibits that are attached and made a part of the contract, and the documents
referred to in the form of agreement as a part of this contract. In the event any
conflict between any of those contract documents, the one imposing the greater
burden on the Architect will control.
.
,-
15.2 A person or affiliate who has been place on the convicted vendor list
following a conviction for public entity crime may not submit a bid on contract to
provide any goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may
not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Section
287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list.
23
. ,
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
warrants that he/it has not employed, retained or .
otherwise had act on his/its behalf any former County officer or employee in
violation of Section 2 of Ordinance No. 10-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 10-1990. For beach or
violation of this provision the County may, in its discretion, deduct from the
contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer
or employee.
(Signature)
Date:
STATE OF
COUNTY OF
Subscribed and sworn to (or affirmed) before me on (date)
by (name of affiant). He/She is personally
known to me.
My commission expires:
NOTARY PUBLIC
24
. '
IN WITNESS WHEREOF, each party has caused this Agreement to be executed
by its duly authorized representative this day of
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS'
OF MONROE COUNTY, FLORIDA
By:
By::
Deputy Clerk
Mayor/Chairman
Date:
(Seal)
Attest:
ARCHITECT
By:
Title:
BY:
Title:
2S
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Gonzalez Architects
Architecture * Planning * Interiors
2001 - 2002
HOURLY FEE SCHEDULE
PRINCIPAL
PROJECT MANAGER
PROJECT ARCHITECT
STAFF ARCHITECT
CAPD TECHNICIAN
CLERICAL
$ 150.00
100.00
85.00
75.00
75.00
45.00
..-
i32Bay Street East, Savannah, Georgia 31401 * (912)201-9888,F(lx (912)201-0240
... . 2720A North Roosevelt Blvd, Key West, Florida 33040 * (305)2?4-3748, Fa~ (305)294-8217
1602AltonRoad, PMB 503 Miami Beach, Florida 33139 * (305)672-9044, Fax(305)866-8324 .
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