Item C25
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Aoril 21. 2004
Division: Public Works
Bulk Item: Yes ~ No
Department: Ena ./Construction Manaaement
AGENDA ITEM WORDING: Approval to award a contract with Clemons, Rutherford &
Associates, Inc" to provide Professional Services for Marathon Courthouse Renovations,
ITEM BACKGROUND: In February, 2003 a request for Professional Services for the Marathon
Courthouse Renovations was advertised and of the seven responses received Heery
International, Inc, was selected, On May 21, 2003 BOCe awarded the contract to Heery
International, Inc, Heery International, Inc, requested modifications to the contract that were not
approved, On July 15, 2003, the BOCC gave approval to rescind contract with Heery
International. In September, 2003 another Request for Professional Services was advertised and
on October 21, 2003 six firms responded: Clemens, Rutherford & Associates, Inc,; William p,
Horn Architect; R. J, Heinsenbottle, Architect; Borelli/Miller Group; Russell Partnership and A. J,
Verde, Architect. On November 10, 2003 the selection committee held a Public Meeting to select
the firm most qualified, The tabulations of the selection committee resulted in the following
rankings, 1st R. J, Heinsenbottle, 2nd Clemens, Rutherford & Associates, Inc" 3rd Borelli Miller
Group and 4th Russell Partnership, Inc, 5th William p, Horn and 6th A. J, Verde, Architect.
On March 12, 2004, R,J, Heisenbottle declined the commission for the Marathon Courthouse
Renovations,
Clemons, Rutherford & Associates is the 2nd ranked for selection,
PREVIOUS RELEVANT BOCC ACTION: On 12/18/02 BOCC approved infrastructure monies for
the Capital Improvements with bond monies, On 12/17/03 the BOeC t~bled discussion until the
County Attorney can research the selection process, /
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above,
TOTAL COST: $109,200,00 (based on 7. 8% of $1.400.000.00l
BUDGETED: Yes.x. NO_
COST TO COUNTY: $109.200,00
SOURCE OF FUNDS:
Bond Funds
Item Prepared
AMOUNT PER MONTH
YEAR
APPROVED BY:
OMB/Purchasing_
ment
Cft/ ;5L2 ~-~-i(7! 0'(
To follow Not required
~5
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included ~
DISPOSITION:
AGENDA ITEM #
March 12, 2004
MONROE COUNlY
~ ~~cnON MANAGfM~
MAR~ ~
-
RECEIV!D ~
Ms. Stephanie Coffer
Director of Construction and Planing
Monroe County Construction Management
Public Works Division, Engineering Department
1100 Simonton Street
Key West, Florida 33040
Re: Monroe County Request for Professional Services
... Marathon Courthouse Renovation
Plantation Key Courthouse Renovation! Addition
Dear Ms. Coffer:
340
MINORCA
AVENUE
CORAL
CABLES
FlORIDA
It is with sincere disappointment that I must advise you that R.J. Heisenbottle
Architects, P,A. cannot accept the commission for the Marathon and Plantation
Key Courthouses under the terms and conditions of your AlE Agreement.
33134
To proceed with the contract without compensation for Programming and Master
Planning, without compensation for weekly construction meetings and without
reimbursement for travel expenses, would be a serious financial mistake for my
firm. Moreover, the cost of increasing our professional liability insurance
coverage from $1 million to $3 million would also be cost prohibited without
additional compensation.
305......6.1799
HEISENBOTILE
ARC HIT E C T S
The hours and corresponding labor rates associated with weekly construction site
observations alone exceed the potential construction' administration phase fee
allowing no time for project administration, RFI responses, shop drawing and
change order review.
Accordingly, rather then begin a project where we cannot provide the quality of
service that you desire and need, we must respectfully decline to participate,
Thank you for your courtesy,
Sincerely yours,
R.J. HEISENBOTTLE ARCIDTECTS, P.A.
Mr. Keith Reeves, AIA - Architect s Design Group
Oscar Perez - Ojito & Associates, Inc.
Douglas Wood, P.E. - Douglas Wood & Associates, Inc,
Robert Betancourt - Gartek Engineering Corporation
Mel Garcia - Gartek Engineering Corporation
A Professional Association
.'.ACOOI513
O~~rY ~o~~~E
(305) 294-4641
("'''--''
BOARD OF COUNTY COMMISSIONERS
Mayor Murray E. Nelson, District 5
Mayor Pro Tern David P. Rice, District 4
Dixie M, Spehar, DiSbict 1
George Neugent, District 2
Charles "Sonny" McCoy, District 3
March 16, 2004
.
CRA Architects
2027 Thomasville RD
Tallahassee, FL 32308
RE: Marathon Courthouse Renovation
Dear Mr, Rutherford:
Your firm responded to Monroe County's Request for Qualifications for the above-stated project,
R, J, Heisenbottle Architects has declined our offer of a contract on this project,
We are anxious to get the project underway and would like the oPPQrtunity to enter into a contract
with your firm, .'
Please find the enclosed copy of the contract for your review and feel free to call me with any
questions or concerns, l
../..
-'
Stephanie Coffer
Director of Construction & Planning
SC/cai
cc: Dent Pierce
David Koppel
1100 Simonton Street
Key West FI 33040
Tel: 305-292-4429
Fax: 305-295-4321
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: CRA, Inc
Contract #_
Effective Date: April 21, 2004
Expiration Date:
Contract Purpose/Description:
Professional Services for Marathon Courthouse Renovations
Contract Manager:
4468
(Ext. )
Construction Mana ement
(Department/Stop #)
for BOCC meetin on
04/21/04
A enda Deadline: 4/06/04
CONTRACT COSTS
Total Dollar Value of Contract: $ $109,200.
Budgeted? Yesr2J No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
307-24001-560620-CE0301-560620
- - - -
-----
- - - -
-----
- - .... - -
--~--
ADDITIONAL COSTS
Estimated Ongoing Costs: $--=---.Jyr For:
(Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Changes
~~te.Ip. J Needed
Division Director ~ 0 , YesO NoO
Risk Management 4Mvt YesO No
O.M.B./PurChaSing1~
County Attorney ~~
Sf,(
OMB Form Revised 2/27/01 Mep #2
CONTRACT FOR
PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECT/ENGINEER
2003 EDITION
These contract documents should be used only after consultation with counsel.
The documents are not intended as legal advice appropriate to any specific
situation, nor do they purport to address all issues which may arise between the
contracting parties. The documents should be amended or supplemented where
appropriate,
THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND
ARCHITECT/ENGINEER (the "Contract") is made and entered into by MONROE
COUNTY, BOARD OF COUNTY COMMISSIONERS (the "Owner") and CRA
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 the
Marathon Courthouse Renovation, identified as the Project, described as follows:
These services shall include, but not be limited to: Preparation and completion of
the design program for space requirements and relationships, schematic design,
design development, preparation of contract documents for bids, preparation and
advertisement for Request for Bids, tabulation and' review of bids,
recommendation of contract awards, cost estimating during design and
document preparation, administration of contract documents, consultation and
on-site inspections during construction, review and recommend approval of
contractor invoices, preparation and submittal of permit applications, zoning
applications, public presentations and presentations to the County Commission.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the
sufficiency of which hereby acknowledged, the Owner and the Architect/Engineer
agree: .
FORM OF AGREEMENT
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Contract, the Architect/Engineer makes the following express
representations and warranties to the Owner:
1.1.1 The Architect/Engineer is a professional qualified to act as the
Architect/Engineer for the Project and is licensed to practice
Architecture/Engineering by all public entities having jurisdiction over the
Architect/Engineer and the Project;
1.1.2 The Architect/Engineer shall maintain all necessary licenses, permits or
other authorizations necessary to act as Architect/Engineer for the Project until
the Architect/Engineer's 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 sha.1I prepare all documents required by this
Contract including, but not limited to, all contract plans and specifications, in such
a manner that they shall be in conformity and comply with all applicable law,
codes and regulations. The Architect/Engineer warrants that the documents
prepared as a part of this Contract will be adequate and sufficient to accomplish
the purposes of the Project, therefore, eliminating any additional construction
cost due to missing or incorrect design elements in the contract documents;
1.1.5 The Architect/Engineer assumes full responsibility to the extent allowed by
law with regards to his performance and those directly under his employ as
Architect/Engineer of Record.
1.1.6 The Architect/Engineer's services shall be performed as expeditiously as
is consistent with professional skill and care and the orderly progress of the
Work. The Architect/Engineer shall submit, for the Owner's and Construction
Manager's information, a schedule for the performance of the
Architect/Engineer'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/Engineer except for delay caused by events not within the
control of the Architect/Engineer or foreseeable by him. In the event the
Architect/Engineer does not conform to the schedule, then the Architect/Engineer
2
may be assessed a charge up to one percent (1 %) of the fee per week until the
work product is produced in an acceptable manner. The penalty shall apply only
to the completion of documents required for bidding, said date being met with the
delivery of one final set to the Owner. The Owner shall assess the charge only
after it is determined that the work is solely the fault of the Archite~!lEngineer and
his subconsultants and is not the fault of the owner or other parties not under the
control of the Architect/Engineer.
ARTICLE II
SCOPE OF ARCHITECT/ENGINEER'S BASIC SERVICE
2.1 DEFINITION
2.1.1 Architect/Engineer's Basic Services consist of those described in
Paragraphs 2.2 through 2.8, and other services identified as part of Basic
Services, and include normal, civil, structural, mechanical, and electrical
engineering services.
2.1.2 The Design for Construction shall include, but shall not necessarily be
limited to, plans and specifications which describe all systems, elements, details,
components, materials, equipment, and other information necessary for
construction. The Design for Construction shall be accurate, coordinated and in
all respects adequate for construction and shall be in conformity, and comply,
with all applicable law, codes, permits, and regulations, Proaucts, equipment
and materials specified for use shall be readily available unless written
authorization to the contrary is given by the Owner. The Architect/Engineer shall
be responsible for designing the Project in accordance with the analyses and
recommendations of the geotechnical information furnished per Article 4.4.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect/Engineer 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/Engineer shall review with the Owner and Construction
Manager: proposed site use and improvements, required permits, zoning,
selection of materials, building systems and equipment; and method of Project
delivery,
2.2.3 The Architect/Engineer shall review with the Owner and Construction
Manager alternative approaches to design and construction of the Project.
3
2.2.4 Based on the mutually agreed-upon program, schedule and construction
budget requirements, the Architect/Engineer shall prepare, for approval by the
Owner, Schematic Design Documents consisting of drawings and other
documents illustrating the scale and relationship of Project components.
2.2.5 At levels of completion of 25%,50% and 75% of the Schematic Design
Phase, the Architect/Engineer shall provide schematic design studies for the
Owner's review and the Construction Manager's information.
2.2.6 Upon completion of the Schematic Design Phase, the Architect/Engineer
shall provide drawings, outline specifications, estimate of anticipated cost in
accordance with the schematic designs, and other documents for the Owner's
approval and the Construction Manager's information.
2.2.7 The Schematic Design must be approved in writing, by the Owner prior to
Architect/Engineer continuing to the Design Development Phase.
2.3 SCHEMATIC DESIGN PHASE REQUIREMENTS
2.3.1 The Schematic Design Phase services shall respond to program
requirements and consist of preparation of: conceptual site and building plans,
preliminary sections and elevations, development of approximate dimensions,
areas and volumes, concept sketches as required to explain the design intent to
the owner, Perspective renderings and models, if required by the Owner, will be
billed as an additional service as billed as a reimbursable e:><:pense if that service
is performed by additional consultants after the Owner's written approval.
The Architect/Engineer shall perform the following design phase tasks:
a, Structural Design/Documentation services during the Schematic
Design Phase consisting of recommendations regarding basic
structural materials and systems, analyses, and development of
conceptual design solutions for: a predetermined structural system
and alternate structural systems.
b, Mechanical Design/Documentation services during the Schematic
Design Phase consisting of consideration of alternate materials,
systems and equipment, and development of conceptual design
solutions for: energy source (s), energy conservation, heating and
ventilating, air conditioning, plumbing, fire protection, special
mechanical systems, process systems, and general space
requirements.
c. Electrical Design/Documentation services during the Schematic
Design Phase consisting of consideration of alternate systems,
recommendations regarding basic electrical materials, systems and
4
equipment, analyses, and development of conceptual design
solutions for: power service and distribution, lighting, telephones,
fire detection and alarms, security systems, electronic
communications, special electrical systems, and general space
requ irements,
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 DEVELOPMENT/DOCUMENT PHASE
2.4.1 Based on the approved Schematic Design Documents and any
adjustments authorized by the Owner in the program, schedule or construction
budget, the Architect/Engineer shall prepare Design Development Documents for
the Construction Manager1s review and the Owner1s approval. The Design
Development Documents shall consist of drawings and other documents that
establish and describe the size and character of the Project as to
architectural/engineering, structural, mechanical and electrical systems, materials
and such other elements as may be appropriate.
2.4.2 At intervals mutually agreeable to the Owner, Construction Manager and
Architect/Engineer, the Architect/Engineer shall provide drawings and other
documents which depict the current status of design development for the
Owner1s review and the Construction Manager's information. The
Architect/Engineer shall provide an estimate of anticipated cost in accordance
with the design development phase.
2.4.3 Upon completion of the Design Development Phase, the
Architect/Engineer shall provide drawings, outline specifications and other
documents for the Owner1s approval and the Construction Manager's information.
The Architect/Engineer shall provide an estimate of anticipated costs in
accordance with the design development phase,
2.4.4 The Design Development Documents must be approved in writing, by the
Owner prior to Architect/Engineer continuing to the Construction Documents
Phase.
2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS
To satisfactorily perform the design development phase requirement, the
Architect/Engineer must complete the tasks set forth in paragraphs 2.5.1 - 2.5.13.
5
2.5.1 Floor Plans - This consists of general plans, overall coordinating plans,
and plan enlargements for important and special areas.
Data required:
"
a, Building perimeter (footprint) and exterior wall type, thickness and
composition fixed
b. Structural grid or system
c, Major meChanical/electrical systems determined and their requirements
reflected and indicated on plans
d. Indicate buildings core - elevators, stairs, etc.
e. All internal partitions of appropriate thickness indicated
f. Floor, slab, and level elevations
g. Typical door types
h. Typical partition types
i. Built-in furniture items - special furniture and equipment (early clarification
of what is "Nle" and "by owner")
j. Larger scale (e.g., 1,4"). Key areas, lobby, entries, public plaza, major
corridors,special spaces, etc. Required: All surfaces (floor, wall, and
ceiling treatments), furniture indication, and layout.
k. Evacuation routes identified (to include locating necessary posting of
evacuation route plans).
2.5.2 General Elevations
a. Total full-height facades including roof structures
b. All fenestration
c. Overall vertical building and floor heights
d. Indicate cross-reference points with sections
e, Indicate setbacks, building profiles, expansion joints, etc.
f. Indicate treatment of visible mechanical equipment
g, System impact (precast concrete, stone, panel systems, metal/glass
curtain wall, etc.) properly selected by adequate technical investigation.
2.5.3 Sections
Overall Sections - Overall building longitudinal and transverse "building
explanation" type.
Detail Wall Sections - Largest scale (e.g., %"). Dominate full-height
sections conveying basic building configuration, to indicate:
a, Foundation and perimeter treatment
b. Typical wall construction
c. Back-up structure, abutting floor systems
d. Window location and insulation methods
6
e. Flashing, masonry coursings
f. Mechanical penetrations impact (furring, etc.)
g. Parapet design
2.5.4 Details - Large scale (1-1/2", 3") as required. Indicate key conditions,
a. Window types: divisions, pattern, mullion profiles, vent detail,
glazing type, jamb/head, plan section
b. Hollow metal (typical only; keyed to plans and schedules)
c. Frame types (typical only; for compatibility and profile)
d. Stair types - egress, public, exterior (including railing design) Metal
and glass walls, borrowed lights, etc.; for division, profile, and
glazing
1. 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
7
applicable section numbers, Include all consultant portions as well as
those special supplementary conditions specific to the project.
2.5.9 Preliminary Estimate of Construction Cost - Adjustment of the
preliminary estimate of construction cost prepared at the end, of schematic
design,
2.5.10 Structural Design Development Set
a. Floor plans at the same scale as the architectural/engineering
drawings
b. Typical floor framing plans, including sizing of beam drops, slab
openings, thicknesses, and depressions
c. Framing indication and governing sizing at: roof structures,
penthouse, bulkheads, other
d, Nontypical framing scheme where required: lobby, floors at grade,
and other
e. All column points established
f. Final column schedule
g, Preliminary details and sections to adequately indicate structural
system
h, Preliminary details of major ,unique conditions that impact on
scheme (as determined by the ArchitecVEngineer)
i. Details indicating accommodation with mechanical/electrical at
areas of major interface
j, Design development specifications
k. Any necessary recommended adjustments to the preliminary
estimate of construction cost.
2.5.11 Mechanical/Electrical Design Development Set
a. Typical floor plans, Systems representation in diagrammatic
(nondetailed) style, major items of equipment indicated, their space
requirements and interface requirements with other systems,
Indicate: major shafts (sizes), chases, mechanical rooms and
electric closets, and convector/fan coil locations, etc,
b, Required punctures: wall, slab, and beam
c. Terminal plans (lobby, cellar, roof) with items of heavy equipment
shown in diagrammatic style, with their space requirements
indicated: (1) Boiler/heater spaces (include clear height
requirements), (2) Transformer vaults (approved obtained from
local utility company), (3) Switchgear, emergency generator, water
storage tanks, fire pumps, etc., (4) Roof cooling towers, major air-
conditioning and air-handling equipment, packaged units, etc.
d. Locations of major roof-air handling equipment: cooling towers,
exhaust fans, etc,
8
e. Preliminary details of major and unique conditions that impact on
scheme (as determined by the ArchitecVEngineer)
f. Data to be developed in conjunction and in coordination with the
project team:
1 , Intergrated diagrammatic lighting plans indicating all
overhead mechanical and electrical equipment for typical
floor and special spaces
2, Cuts and explanatory information for interior visual items
such as: louvers, registers, heating/cooling units, and
cabinets.
3. Exterior louver requirements and proposed locations.
2.5.12 Site Design Development Set
a. Building location plan--building tied down dimensionally with
pertinent adjacencies, street lines and grades, property lines,
required setbacks, easements, ~ights of way, manholes, sewers,
hydrants, light standards, etc., interfaced with survey.
b, Main entry level datum elevation with key exterior grades at
building perimeter.
c. Site development grading and landscaping plans
d. Overall preliminary site grading and defined design of external
elements, properly coordinated and interfaced with
mechanical/electrical for utility entry points
e, Indicate areaways, vaults, access to subgrade spaces
f. Preliminary site and exterior building lighting scheme with
identification of fixture types
g, Parking area defined with preliminary plotting
h. Indication of paths, stairs, ramps, berms, terraces, etc.
i. Plant materials (indication and preliminary schedule)
j. Design development details: railings, stairs, ramps, paving types
and patterns, kiosks, benches, light standards, others
k, Design development specifications
I. Any necessary adjustments to the preliminary estate of construction
cost.
2.5.13 Other Consultants' Design Development Sets
As appropriate to the Project.
2.5.14 Limitations - The above list of drawings represents, in general, the
requirements of the Project.
9
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/Engineer shall prepare, for approval by the
Owner and Construction Manager, Construction Documents consisting of
Drawings and Specifications setting forth in detail the requirements for the
construction of the project.
2.6.2 The Architect/Engineer shall provide Drawings and Specifications for the
Owner's and the Construction Manager's review.
2.6.3 Upon completion of the Construction Documents Phase, the
Architect/Engineer shall provide Construction Documents for the Owner's and
Construction Manager's approval. Once approved the Architect/Engineer shall
provide the Owner two (2) complete signed and sealed sets of construction
drawings and the technical specifications saved electronically in Microsoft
OfficeJWord format. The Architect/Engineer shall provide an estimate of
anticipated costs in accordance with the construction development phase.
2.6.4 The Architect/Engineer shall assist the Owner and Construction Manager
in the preparation of the necessary bidding information, bidding forms, the
Conditions of Contracts, and the forms of Agreement between the Owner and the
Contractors. '
2.6.5 The Architect/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 will conform
the construction documents in such manner to receive permits upon such plans.
Work required by the Architect/Engineer to conform the documents to federal,
state, city, county, or agency specifications to allow them to be approved shall be
completed at no charge or cost to the Owner.
2.7 BIDDING OR NEGOTIATION PHASE
2.7.1 The Architect/Engineer, following the Owner's approval of the Construction
Documents and the Architect/Engineer's latest estimate of Construction Cost,
shall assist the Construction Manager is obtaining bids or negotiated proposals
and assist in preparing contracts for construction.
2.7.2 The Architect/Engineer shall assist the Construction Manager in issuing
bidding documents to bidders and conducting pre-bid conferences with
prospective bidders. The Architect/Engineer, with the assistance of the
10
Construction Manager, shall respond to questions from bidders, and shall issue
addenda.
2.7.3 The Architect/Engineer shall, on behalf of the Owner, file all necessary
documents required to secure building permit. Assistance with seq,uring a
development approval will be in the form of providing schematic drawings.
2.8 CONSTRUCTION PHASE - ADMINISTRATION OF THE
CONSTRUCTION CONTRACT
2.8.1. The Architect/Engineer'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/Engineer and Contractor. The Architect/Engineer
will administer the Owner/Contractor contract as provided for in that document.
The Architect/Engineer agrees to perform a project check prior to the end of the
warranty period as a part of the contract. The check shall not exceed one
working day unless additional time is approved by the Owner.
2.8.2 The Architect/Engineer shall at all times have access to the Work
whenever it is in preparation or progress.
2.8.3 The Architect/Engineer shall, as contemplated herein and in the
Construction Contract, but not otherwise, act on behalf, and-be the agent, of the
Owner throughout construction of the Project. Instructions, directions, and other
appropriate communications from the Owner to the Contractor shall be given to
the Contractor by the Architect/Engineer or Construction Manager.
2.8.4 Upon receipt, the Architect/Engineer shall carefully review and examine
the Contractor's Schedule of Values, together with any supporting documentation
or data which the Owner or the Architect/Engineer may require from the
Contractor. The purpose of such review and examination shall be to protect the
Owner from an unbalanced Schedule of Values which allocates greater value to
certain elements of the 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/Engineer to the contrary in writing, the Schedule of Values shall be
returned to the Contractor for revision of supporting documentation or data. After
making such examination, if the Schedule of Values is found to be appropriate as
submitted, or if necessary, as revised, the Architect/Engineer shall sign the
Schedule of Values thereby indicating its informed belief that the Schedule of
Values constitutes a reasonable, balanced basis for payment of the Contract
Price to the Contractor, The Architect/Engineer shall not approve such Schedule
11
of Values in the absence of such belief unless directed to do so, in writing, by the
Owner,
2.8.5 The Architect/Engineer shall carefully inspect the work of the Contractor
and shall, at a minimum, inspect work at the Project site once every week. The
purpose of such inspections shall be to determine the quality and quantity of the
work in comparison with the requirements of the Construction Contract. In
making such inspections, the Architect/Engineer shall protect the Owner from
continuing deficient or defective work, from continuing unexcused delays in the
schedule and from overpayment to the Contractor. Following each inspection,
the Architect/Engineer shall submit a written report of such inspection, together
with any appropriate comments or recommendations to the Owner.
2.8.6 The Architect/Engineer shall initially approve periodic and final payments
owed to the Contractor under the Construction Contract predicated upon
inspections of the work and evaluations of the Contractor's rate of progress in
light of the remaining contract time and shall issue to the Owner Approvals of
Payment in such amounts. By issuing an Approval of Payment to the Owner, the
Architect/Engineer reliably informs the Owner that the Architect/Engineer has
made the inspection of the work required, and that the work for which payment is
approved has reached the quantities or percentages of completion shown, or
both, that the quality of the Contractor's work meets or exceeds the requirements
of the Construction Contract, and that under the terms and conditions of the
Construction Contract, the Owner is obligated to make payment to the Contractor
of the amount approved.
2.8.7 The issuance of a Certificate for Payment shall not be a representation
that the Architect/Engineer has (1) made exhaustive or continuous on-site
inspections to check the quality or quantity of the Work. (2) reviewed
construction means, methods, techniques, sequences or procedures. (3)
reviewed copies of requisitions received from Subcontractors and material
suppliers and other data requested by the Owner to substantiate the Contractor's
right to payment or (4) ascertained how or for what purpose the Contractor has
used money previously paid on account of the Contract Sum,
2.8.8 The Architect/Engineer shall have authority, after notification to the
Construction Manager, to reject Work, which does not conform to the Contract
Documents. Whenever the Architect/Engineer considers it necessary or
advisable for implementation of the intent of the Contract Documents the
Architect/Engineer will have authority, upon written authorization from the Owner,
to require additional inspection or testing of the Work in accordance with the
provisions of the Contract Documents, whether or not such Work is fabricated,
installed or completed,
2.8.9 The Architect/Engineer shall review and approve or take other appropriate
action upon Contractor's submittals such as Shop Drawings, Product Data and
12
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/Engineer's action shalf 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/Engineer's professional
judgment to permit adequate review. Review of such submittals is not conducted
for the purpose of determining the accuracy and completeness of other details
such as dimensions and quantities or for substantiating instructions for
installation or performance of equipment or systems designed by the
Contractors, all of which remain the responsibility of the Contractors to the extent
required by the Contract Documents. The Architect/Engineer's review shall not
constitute approval of safety precautions or, unless otherwise specifically stated
by the Architect/Engineer, of construction means, methods, techniques,
sequences, or procedures. The Architect/Engineer's approval of a specific item
shall not indicate approval of an assembly of which the item is a component.
When professional certification of performance characteristic of materials,
systems or equipment is required by the Contract Documents, the
Architect/Engineer shall be entitled to rely upon such certification to establish that
the materials, systems or equipment will meet the performance criteria required
by the Contract Documents. Architect/Engineer shall take appropriate action on
submittals within 14 calendar days. The Architect/Engineer shall maintain a
tracking log for the submittals which shall include but not be limited to; the
submittal as named in the specification, all dates as required for tracking and the
status of approval, A copy of the tracking log will be made available to Owner
when requested. '
2.8.10 The Architect/Engineer shall review and sign or take other appropriate
action on Change Orders and Construction Change Directives prepared by the
Construction Manager for the Owner's approval and execution in accordance
with the Contract Documents. Architect/Engineer to take appropriate action
within 7 calendar days.
2.8.11 The Architect/Engineer shall promptly provide appropriate interpretations
as necessary for the proper execution of the work as long as there is no change
in Contract price.
2.8.12 The Architect/Engineer shall require inspection or reinspection and testing
or retesting of the work, to include architectural/engineering, structural,
mechanical and electrical engineering portions of the work, in accordance with
the provisions of the Construction Contract whenever appropriate,
2.8.13 The Architect/Engineer, assisted by the Construction Manager, shall
conduct inspections to determine the dates of Substantial Completion and the
date of Final Completion. The Architect/Engineer shall submit to the Owner a list
comprised of incomplete and/or unacceptable items required by the Contract
Documents to include architectural/engineering, structural, mechanical and
13
electrical engineering portions of the work. The Architect/Engineer shall forward
to the Construction Manager warranties and similar submittals required by the
Contract Documents which have been received from the Contractor. The
Architect/Engineer shall issue a final Project Certificate for Payment upon
compliance with the requirements of the Contract Documents.
2.8.14 The Architect/Engineer shall interpret and decide matters concerning
performance of the Contractor under the requirements of the Contract
Documents upon written request. The Architect/Engineer's response to such
requests shall be made with promptness and within seven (7) days of receipt of
request.
2.8.15 Interpretations and decisions of the Architect/Engineers shall be
consistent with the intent of and reasonably inferable from the Contract
Documents and shall be in writing or in the form of drawings and submitted on
proper Construction Change Directives.
2.8.16 The Architect/Engineer shall render written decisions within a reasonable
time on all claims, disputes or other matters in question between Owner and
Contractors relating to the execution or progress of the Work as provided in the
Contract Documents.
2.8.17 Duties, responsibilities and limitations of authority of the
Architect/Engineer shall not be restricted, modified or extended without written
agreement of the Owner and Architect/Engineer.
2.8.18 The Architect/Engineer shall be a representative of and shall advise and
consult with the Owner (1) during construction until final payment to the
Contractor is due and (2) as a Basic Service at the Owner's direction from time to
time during the correction period described in the Contract for Construction. This
advice and consultation shall be limited to verbal comment on actions of the
Owner and shall not necessitate filing of records, forms, or revisions to drawings,
without additional compensation.
2.8.19 The Architect/Engineer shall transmit to the Owner all manuals, operating
instructions, as-built plans, warranties, guarantees and other documents and
things required by the Construction Contract and submitted by the Contractor.
2.8.20 The Architect/Engineer shall not have control over or charge of and shall
not be responsible for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the Work,
since these are solely the Contractor's responsibility under the Contract for
Construction. The Architect/Engineer shall not be responsible for the
Contractor's schedules or failure to carry out the work in accordance with the
contract documents. The Architect/Engineer shall not have control over or
14
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/Engineer shall testify in any judicial proceeding concerning
the design and construction of the project when requested in writing by the
Owner, and the Architect/Engineer shall make available to the Owner-any
personnel or consultants employed or retained by the Architect/Engineer for the
purpose of reviewing, studying, analyzing or investigating any claims,
contentions, allegations, or legal actions relating to, or arising out of, the design
or construction of the project. Testimony will be provided as part of the basic
services when in defense of claims for actions of the Architect/Engineer, unless
otherwise prevented by counsel of the Architect/Engineer at which time he would
be subject to subpoena. For other claims against the Owner, the
Architect/Engineer will do this under an expert witness with compensation.
2.8.22 The Architect/Engineer shall review any as-built drawings furnished by the
Contractor and shall certify to the Owner that same are adequate and complete,
2.8.23 The Architect/Engineer shall, without additional compensation, promptly
correct any errors, omissions, deficiencies, or conflicts in the work product of the
Architect/Engineer or its consultants, or both.
2.8.24 The Architect/Engineer must reimburse the Owner for any added costs
paid by the Owner during construction that were incurred as the result of any
omission, deficiency, or conflict in the work product of the ArC{hitect/Engineer, its
consultants, or both. This added expense is defined as the difference in cost
from that which the Owner would have paid if the work was included in the bid,
and the actual cost presented by the Contractor.
ARTICLE III
. 3.1 GENERAL
3.1.1 The services described in this Article III are not included in Basic Services,
They shall be paid for by the Owner as provided in this agreement as an addition
to the compensation paid for the Basic Services but only if approved by the
Owner before commencement.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in
subparagraph 2.8.5 is required, the Architect/Engineer shall provide one or more
project representatives to assist in carrying out such additional on-site
responsibilities,
3.4 OPTIONAL ADDITIONAL SERVICES
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3.4.1 Providing detailed quantity surveys or inventories of material and
equipment.
3.4.2 Providing analyses of owning and operating costs,
3.4.3 Providing interior design and other similar services required for or in
connection with the selection, procurement or installation of furniture, furnishings
and related equipment.
3.4.4 Providing assistance in the utilization of equipment or systems such as
testing, adjusting and balancing, preparation of operation and maintenance
manuals, training personnel for operation and maintenance, and consultation
during operation,
3.4.5 Providing planning surveys, site evaluations or comparative studies of
prospective sites.
3.4.6 Providing special surveys or environmental studies required for approvals
of governmental authorities or others having jurisdiction over the project.
3.4.7 Providing service relative to future facilities, systems and equipment.
3.4.8 Providing detailed estimates of the construction cost (an item by item
enumeration and analysis of all the costs that go to make up Ahe
Architect/Engineer'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/engineering,
civi I, 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/engineering practice.
3.4.12 Providing assistance with public agencies requiring formal review of
project and preparation of documents, reports, studies, renderings, models,
payment of fees, applications and other material necessary to seek such
approval.
3.4.13 Providing representation before public bodies in conjunction with approval
of project, upon approval by owner.
16
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.
3.5.4 Providing services in connection with public hearings.;.
ARTICLE IV
OWNER'S RESPONSIBiliTIES
4.1 The Owner shall establish and update an overall budget for the Project
based on consultation with the Construction Manager and the Architect/Engineer,
which shall include the Construction Cost, the Owner's other costs and
reasonable contingencies related to all of these costs.
4.2 The Owner shall designate the Construction Manager to act on the
Owner's behalf with respects to the Project. The Owner or Construction Manager
shall render decisions in a timely manner pertaining to documents submitted by
the Architect/Engineer in order to avoid unreasonable delay in the orderly and
sequential progress of the Architect/Engineer's services.
4.3 The Owner shall furnish surveys describing physical characteristics, legal
limitations and utility locations for the site of the Project, and a written legal
description of the site. The surveys and legal information shall include, as
applicable, grades and lines of streets, alleys, pavements, and adjoining property
and structures; adjacent drainage; rights-ot-way; restrictions, easements,
encroachments, zoning, deed restrictions, boundaries and contours of the site;
17
locations, dimensions and necessary data pertaining to existing buildings, other
improvements and trees; and information concerning available utility services
andJines, both public and private, above and below grade, including inverts and
depths. All the information on the survey shall be referenced to a Project
benchmark,
4.4 The Owner shall furnish the geotechnical tests when requested by the
Architect/Engineer. Such tests may include, but not limited to, test borings, test
pits, determinations of soil bearing values, percolation tests, evaluations of
hazardous materials, and ground corrosion and resistively tests, including
necessary operations for anticipating subsoil conditions, with reports and
appropriate professional recommendations,
4.5 The Owner shall furnish all legal, accounting and insurance counseling
services as may be necessary at any time for the Project, including auditing
services the Owner may require to verify the Contractor's Application for
Payment or to ascertain how or for what purposes the Contractor has used the
money paid by or on behalf of the owner,
4.6 The services, information, surveys and reports shall be furnished at the
Owner's expense, and the Architect/Engineer shall be entitled to rely upon the
accuracy and completeness thereof,
4.7 Prompt written notice shall be given by the Owner and Construction
Manager to the Architect/Engineer if they become aware of aQY fault or defect in
the Project or non-conformance with the Contract Documents. "
4.8 The proposed language of certificate or certificates requested of the
Architect/Engineer or Architect/Engineer's consultants shall be submitted to the
Owner for review and approval at least 14 days prior to execution. The Owner
shall not request certifications that would require knowledge or services beyond
the scope of this Agreement.
4.9 The Owner shall furnish the required information and services and shall
render approvals and decisions as expeditiously as necessary for the orderly
progress of the Architect/Engineer's services and work of the contractors.
4.10 The Owner shall furnish the Architect/Engineer copies of written
communications.
4.11 The Owner's review of any documents prepared by the Architect/Engineer
or its consultants shall be solely for the purpose of determining whether such
documents are generally consistent with the Owner's criteria, as and if, modified,
No review of such documents shall relieve the Architect/Engineer of responsibility
for the accuracy, adequacy, fitness, suitability or coordination of its work product.
18
4.12 The Owner shall furnish structural, mechanical, chemical, air and water
pollution tests, tests for hazardous materials, and other laboratory and
environmental tests, inspections and reports required by law or the Contract
Documents,
ARTICLE V
CONSTRUCTION COST
5.1 Contemporaneously with the submission of the Design of Construction,
the Architect/Engineer shall submit to the Owner in writing its final estimate of the
contractor's anticipated price for constructing the Project. Once submitted, the
final anticipated price estimate shall be adjusted by the Architect/Engineer to
reflect any increase or decrease in anticipated price resulting from the change in
Design for Construction.
5.2 The Construction Cost shall be the total estimated cost to the Owner of all
elements of the project designed or specified by the Architect/Engineer.
5.3 The Construction Cost shall include the cost at current market rates of
labor and materials furnished by the Owner and equipment designed, specified,
selected or specially provided for by the Architect/Engineer, plus a reasonable
allowance for the Contractor's overhead and profit.
5.4 Construction cost does not include the compensation of the
Architect/Engineer and the Architect/Engineer's consultants,. Jhe costs of land,
rights-of-way, financing or other costs which are the responsibility of the Owner.
5.5' The Architect/Engineer agrees that, should the bid for construction of the
project exceed it's estimate by ten percent (10%) or more, it will redesign, redraw
and/or rebid, at no additional or expense to the Owner, until the bids are within
the stated limits.
ARTICLE VI
6.1 INDEMNIFICATION AND HOLD HARMLESS
6.1.1 The Architect/Engineer convenants and agrees to indemnify and hold
harmless Monroe County and Monroe County Board of County Commissioners
from any and all claims for bodily injury (including death), personal injury, and
property damage (including property owned by Monroe County) and any other
losses, damages, and expenses (including attorney's fees) which arise out of, in
connection with, or by reason of services provided by the Architect/Engineer in
any tier, occasioned by the negligence, errors, or other wrongful act or omission
of the Architect/Engineer in any tier, their employees, or agents, The first ten
dollars ($10.00) of remuneration paid to the Architect/Engineer is for the
indemnification provided for above. The extent of liability is in no way limited to,
19
reduced, or lessened by the insurance requirements contained elsewhere within
this agreement. Should any claims be asserted against the Owner by virtue of
any deficiency or ambiguity in the plans and specifications provided by the
Architect/Engineer, the Architect/Engineer agrees and warrants that he shall hold
the Owner harmless and shall indemnify him from all losses occurring thereby
and shall further defend any claim or action on the Owner's behalf.'
ARTICLE VII
7.1 PERSONNEL
7.1.1 The Architect/Engineer shall assign only qualified personnel to perform
any service concerning the project. At the time of execution of this contract, the
parties anticipate that the following named individuals will perform those
functions as indicated:
NAME
FUNCTION
So long as the individuals named above remain actively employed or retained by
the Architect/Engineer, they shall perform the functions indicated next to their
names,
ARTICLE VIII
8.1 PAYMENTS
8.1.1 For its assumption and performances of the duties, obligations and
responsibilities set forth herein, the Architect/Engineer shall be paid monthly, in
accordance with the following schedule:
(A) The Architectural/Engineering fee shall be based on the following
criteria:
1.
2,
3,
4,
5,
Schematic Design
Design Development Phase
Construction Documents Phase
Bidding or Negotiation Phase:
Construction Phase
1 5 percent
30 percent
30 percent
5 percent
20 percent
An estimated construction cost of $1.400.000.00 and a fee percentage of 7,8%
shall be initially used to calculate the architectural/engineering fee. When the
actual construction cost is known, the fee will be adjusted in accordance with the
20
State of Florida, Department of Management Services, Division of Building
Construction Fee Schedule for Architectural and Engineering Services,
A firial adjustment will be made when construction is complete.
(8) For the performance of the optional additional services ~nd
contingent additional services described in Article III of this contract, provided
same are first authorized in writing by the Owner, the Architect/Engineer shall be
paid hourly at the rates identified in Exhibit B, or as negotiated.
(C) If the Architect/Engineer's duties, obligations and responsibilities
are materially changed through no fault of the Architect/Engineer after execution
of this contract, compensation due to the Architect/Engineer shall be equitably
adjusted, either upward or downward;
(D) As a condition precedent for any payment due under this contract,
the Architect/Engineer shall submit monthly, unless otherwise agreed in writing
by the Owner, an invoice to the Owner requesting payment for services properly
rendered and reimbursable expenses due hereunder. The Architect/Engineer's
invoice shall describe with reasonable particularity the service rendered. The
Architect/Engineer's invoice shall be accompanied by such documentation or
data in support of expenses for which payment is sought as the Owner may
require.
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable expenses include expenses incurred by the
Architect/Engineer in the interest of the project:
a, Expense of transportation submitted by Architect/Engineer, in
writing, and living expenses in connection with out-of-county travel
authorized by the Owner, in writing, but only to the extent and in the
amounts authorized by Section 112.061, Florida Statutes;
b, Fees paid for securing approval of authorities having jurisdiction
over the project;
c. Reproductions as requested only by the Owner (beyond 8 signed
and sealed full size sets, plus one full size reproducible set, and
one 11 x 17 reproducible set);
d, Postage and handling of Drawings and Specifications;
e. Renderings and Models requested by the Owner.
21
ARTICLE IX
9.1 APPLICABLE LAW
9.1.1 This contract is governed by the laws of the State of Florida. Venue for
any litigation arising under this contract must be in Monroe County, Florida.
ARTICLE X
10.1 OWNERSHIP OF THE PRELIMINARY DESIGN AND THE DESIGN FOR
CONSTRUCTION
10.1 The Drawings, Specifications and other documents prepared by the
Architect/Engineer for this project are instruments of the Architect/Engineer's
service for use solely with respect to this project, and the Architect/Engineer shall
be deemed the author of these documents and shall retain all common law,
statutory and other reserved rights, including reproducible copies, of the
Architect/Engineer's Drawings, Specifications and other documents shall not be
used by the Owner or others on other projects, or for completion of this project by
others, unless the Architect/Engineer is adjudged to be in default under this
Agreement, except by agreement in writing and with appropriate compensation to
the Architect/Engineer.
10.1.2 Submission or distribution of documents to meet official regulatory
requirements or for similar purposes in connection with the Project is not to be
construed as publication in derogation of the Architect/Engineer's reserved rights.
10.1.3 The As-Built drawings and specifications may be furnished by the
contractor to the Owner in electronic format in addition to the original As-Built
documents.
10.1.4 The Owner may utilize the construction documents, As-Built documents,
etc. as required for reference on any necessary future work on the site.
ARTICLE XI
11.1 SUCCESSORS AND ASSIGNS
11.1.1 The Architect/Engineer shall not assign its right hereunder, excepting its
right to payment, nor shall it delegate any of its duties hereunder without the
written consent of the Owner, Subject to the proviSions of the immediately
preceding representatives to the other and to the successors, assigns and legal
representatives of such other party.
22
ARTICLE XII
12.1 NO THIRD PARTY BENEFICIARIES
12.1.1 Nothing contained herein shall create any relationship, contractual or
otherwise, with or any rights in favor of, any third party,
ARTICLE XIII
13.1 INSURANCE
13.1.1 The Architect/Engineer shall obtain insurance as specified in the
attached Exhibit A and maintain the required insurance at all times this contract
is in effect. Errors and Omissions Insurance shall also be maintained for a period
of two years after final completion of the project. In the event the completion of
the project (to include the work of others) is delayed or suspended as a result of
the Architect/Engineer's failure to purchase or maintain the required insurance,
the Architect/Engineer shall indemnify the County from any and all increased
expenses resulting from such delay,
13.1.2 The coverage provided herein shall contain an endorsement providing
sixty (60) days notice to the Owner prior to any cancellation of said coverage.
Said coverage shall be written by an insurer acceptable to the Owner and shall
be in a form acceptable to the Owner.
ARTICLE XIV
TERMINATION
14.1 Either party hereto may terminate this contract upon giving seven (7) days
written notice to the other in the event that such other party substantially fails to
perform its material obligations set forth herein. Termination expenses shall
include all expenses till date of termination and any additional seNices required
in order to stop performance of seNices, subject to audit for verification.
14.1.1 Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Board of County Commissioners
and the approval of the Board members at the time of contract initiation and its
duration.
ARTICLE XV
ENTIRE AGREEMENT
15.1 This contract constitutes 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 of a conflict
23
between any of those contract documents, the one imposing the greater burden
on the Architect/Engineer will control.
15.2' A person or affiliate who has been placed 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 a 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.
ARTICLE XVI
Added Requirements
16.1 The following items are part of this contract:
a) Architect/Engineer shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied, Each party to this Agreement or
their authorized representatives shall have reasonable and timely access to such
records of each other party to this Agreement for public records purposes during the
term of the Agreement and for four years following the termination of this Agreement. If
an auditor employed by the County or Clerk determines tbat monies paid to
Architect/Engineer pursuant to this Agreement were spent for purposes not authorized
by this Agreement, the Architect/Engineer shall repay the monies together with interest
calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to
Owner.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement
shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State, In the event
that any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the County and Architect/Engineer agree that venue will
lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. The Parties waive their rights to a trial by jury. The County and
Architect/Engineer agree that, in the event of conflicting interpretations of the terms or a
term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding.
c) Severability. If any term, covenant, condition or provision of this
Agreement (or the application thereof to any circumstance or person) shall be declared
invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement, shall not be affected
thereby; and each remaining term, covenant, condition and provision of this Agreement
shall be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
24
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Architect/Engineer agree to reform the Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of
the stricken provision,
d) Attorney's Fees and Costs. The County and ArchitectlJ::ngineer agree
that in the event any cause of action or administrative proceeding is initiated or defended
by any party relative to the enforcement or interpretation of this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative,
and out-of-pocket expenses, as an award against the non-prevailing party, and shall
include attorney's fees, courts costs, investigative, and out-of-pocket expenses in
appellate proceedings, Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual
and customary procedures required by the circuit court of Monroe County.
e) Binding Effect. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Architect/Engineer and
their respective legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by law.
g) Claims for Federal or State Aid. Architect/Engineer and County agree
that each shall be, and is, empowered to apply for, seek, and obtain federal and state
funds to further the purpose of this Agreement; provided that all applications, requests,
grant proposals, and funding solicitations shall be approved by each party prior to
submission, '
h) Adjudication of Disputes or Disagreements, County and
Architect/Engineer agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties. If
no resolution can be agreed upon within 30 days after the first meet and confer session,
the issue or issues shall be discussed at a public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to the satisfaction of the
parties, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law,
i) Cooperation, In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution, performance, or
breach of this Agreement, County and Owner agree to participate, to the extent required
by the other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
Agreement. County and Owner specifically agree that no party to this Agreement shall
be required to enter into any arbitration proceedings related to this Agreement.
j) Nondiscrimination, Architect/Engineer and Owner agree that there will be
no discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any party,
effective the date of the court order. Architect/Engineer or Owner agree to comply with
25
all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act
of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national
origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504
of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5)
The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title VI I I of the
Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990
(42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination
provisions. in any Federal or state statutes which may apply to the parties to, or the
subject matter of, this Agreement.
k) Covenant of No Interest. Architect/Engineer and Owner covenant that
neither presently has any interest, and shall not acquire any interest, which would
conflict in any manner or degree with its performance under this Agreement, and that
only interest of each is to perform and receive benefits as recited in this Agreement.
,
I) Code of Ethics. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers
and employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
m) No Solicitation/Payment. The Architect/Engineer and Owner warrant that,
in respect to itself, it has neither employed nor retained any company or person, other
than a bona fide employee working solely for it, to solicit or secure this Agreement and
that it has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of the provision, the
Architect/Engineer agrees that the County shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
n) Public AccesR The ArchitecVEngineer and Owner shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters or other materials
in its possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the Architect/Engineer and Owner in conjunction with
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this Agreement; and the Architect/Engineer shall have the right to unilaterally cancel this
Agreement upon violation of this provision by Owner.
0) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 286.28,
Florida Statutes, the participation of the Architect/Engineer and the Owner in this
Agreement and the acquisition of any commercial liability insurance coverage, self-
insurance coverage, or local government liability insurance pool coverage' shall not be
deemed a waiver of immunity to the extent of liability coverage, nor shall any contract
entered into by the County be required to contain any provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents,
or employees of any public agents or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the County shall
apply to the same degree and extent to the performance of such functions and duties of
such officers, agents, volunteers, or employees outside the territorial limits of the
County.
q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional
or Statutory Duties. This Agreement is not intended to, nor shall it be construed as,
relieving any participating entity from any obligation or responsibility imposed upon the
entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the
County, except to the extent permitted by the Florida constitution, state statute, and case
law.
r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any
third-party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the Architect/Engineer and the Owner agree that neither the
Architect/Engineer nor the Owner or any agent, officer, or employee of either shall have
the authority to inform, counsel, or otherwise indicate that any particular individual or
group of individuals, entity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior to, or superior to the community in general or for
the purposes contemplated in this Agreement.
s) Attestations. Architect/Engineer agrees to execute such documents as
the Owner may reasonably require, to include a Public Entity Crime Statement, an Ethics
Statement, and a Drug-Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall
be deemed to be a covenant or agreement of any member, officer, agent or employee of
Monroe County in his or her individual capacity, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or be subject to
any personal liability or accountability by reason of the execution of this Agreement.
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u) 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.
v) 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.
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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
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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::
Mayor/Chairman
Deputy Clerk
Date:
(Seal)
Attest:
ARCHITECT/ENGINEER
BY:
Title:
By:
Title:
,-....~--
. DATE
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