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06/22/1998 AgreementBRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 TO: FROM: DATE: 31annp 3L. RAMP CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 KZKREARRUN Dent Pierce, Director Public Works Division Attn: Steve Piazza, Construction Manager BRANCH OFFICE W20 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 Isabel C. DeSantis, Deputy Clerk C.b- September 16, 1998 As you know, at the June 22, 1998 meeting, the Board granted approval and authorized execution of a Contract between Monroe County and Bender & Associates, Architects, P.A., to perform professional services at the Marathon Community Park. Enclosed is a fully -executed duplicate original of the above document for your return to the Architect. Should you have any questions concerning the above, please do not hesitate to contact this office. cc: Finance County Administrator, w/o doc. County Attorney ,,Oile CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT 1998 EDITION aw e -n tr r �r rn rn C7 o c7 !.._ to o These contract documents should be used only after consultation wit canns The documents are not intended as legal advice appropriate to a �'$ci rn pe c7 situation, nor do they purport to address all issues which -may arise bovggi tjj� C3 contracting parties. The documents should be amended or supplemertted wheW o 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 BENDER & ASSOCIATES ARCHITECTS, P.A.. (the "Architect"). 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 Community Park and Marina, including Boot Key Harbor, identified as the Project, described as follows: Planning and Architectural services for the development of a 15 acre community park, an 8 acre marina, and adjacent Boot Key Harbor. These services would encompass planning, permitting, public presentations, civil, marine, architectural, mechanical, electrical, structural, management development, preparation and completion of construction documents and specifications, assistance during the bid procedure and contract administration. In addition, the scope of work if further specified in Exhibit B. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Owner and the Architect agree: FORM OF AGREEMENT ARTICLE I 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 professionally 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 accurate, coordinated and adequate for construction and 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; 1.1.5 The Architect assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ as Architect of Record. 1.1.6 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The Architect shall submit, for the Owner's and 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 Manager'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 2 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 delay 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 SERVICES 2.1 DEFINITION 2.1.1 Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.5, and any 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 methods 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, 3 Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 At intervals appropriate to the progress 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 or 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, 4 fire detection and alarms, security systems, electronic communications, special electrical systems, and general space requirements. 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/CONSTRUCTION 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. 2.5 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. 5 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 building 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., 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. 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., 3/4"). Dominant full -height sections conveying basic building configuration, to indicate: a. Foundation and perimeter treatment b. Typical wall construction C. Back-up structure, abutting floor system d. Window location and insulation methods e. Flashing, masonry coursings f. Mechanical penetrations impact (furrings, 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) e. Metal and glass walls, borrowed lights, etc.; for division, profile, and glazing g. Interior partition types (typical only; keyed to plans and schedules) h. 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 spaces. 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 7 2.5.8 Specifications - Comprehensive, abbreviated methods, materials and systems descriptions in tune with the drawings. Use CSI format with applicable section numbers. Include all consultant portions as well as those special and 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 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 architect) 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 (approval obtained from local utility company), (3) Switchgear, emergency generator, water 8 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. e. Preliminary details of major and unique conditions that impact on scheme (as determined by the architect) f. Data to be developed in conjunction and in coordination with the project team: 1. Integrated 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. g. Design development specifications h. Any necessary adjustments to the preliminary estimate of construction cost. 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 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 Vol 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. 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 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 Agreements between the Owner and the Contractors. 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. 10 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 in 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 CONTRACT 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 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 II 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 or 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 and 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 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 12 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 action on submittals within 14 calendar days. 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. 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. 13 2.8.12 The Architect shall require inspection or reinspection and testing or retesting 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 date or dates of Substantial Completion and the date of Final Completion. 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 Contract Documents upon written request. The Architect's response to such requests shall be made with promptness and within seven days of receipt of request. 2.8.15 Interpretations and decisions of the Architects shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings and submitted on proper Construction Change Directives 2.8.16 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the 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 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. 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. 14 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 investigating any claims, contentions, allegations, or legal actions relating to , or arising out of, the design or construction of the Project. Testimony given will be provided as part of 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. 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 15 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 analyses of the Owner's needs and programming the requirements of the Project. 3.4.6 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.7 Providing special surveys or environmental studies required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.8 Providing services relative to future facilities, systems and equipment. 3.4.9 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). 3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 16 3.4.11 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.12 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 3.4.13 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. 3.4.14 Providing representation before public bodies in conjunction with approval of project, upon approval by owner. 3.4.15 Consultant shall study, determine and document the public need for additional park and recreation lands in the Marathon community, if any, beyond the lands already in the ownership or control of Monroe County. In the event Consultant determines it is reasonably necessary for Monroe County to acquire additional park and/or recreation lands in order to meet the public need, Consultant shall report, in writing, its recommendations to Monroe County regarding the appropriate alternative site or sites, ranked by priority (if applicable). 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. 17 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 provide full information regarding requirements for the Project, including a program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems, and site requirements. 4.2 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. 4.3 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. 4.4 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. 18 4.5 The Owner shall furnish the geotechnical tests when requested by the Architect. Such tests may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, and ground corrosion and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 4.6 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. 4.7 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. 4.8 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. 4.9 The proposed language of certificate or certifications 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. 4.10 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. 4.11 The Owner shall furnish the Architect copies of written communications. 4.12 The Owner's review of any documents prepared by the Architect or its consultants shall be solely for the purpose of determining whether such documents are generally consistent with the Owner's Criteria, as, and if, modified. No review of such documents shall relieve the Architect of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.13 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and 19 environmental tests, inspections and reports required by law or the Contract Documents. 4.14 Monroe County will invite a representative of the Parks & Recreation Board to attend any meetings regarding Marathon Park. ARTICLE V CONSTRUCTION COST 5.1 Contemporaneously with the submission of the Design for 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. 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 cost 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 20 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 13 ERT 8E N:D ER Lawts RosimsoN Function PKINci PAL /PK0Tr-_CT M 14 A1W G IQ�Cl�ITECT 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. ARTICLE VIII 8.1 PAYMENTS 8.1.1 For its assumption and performance 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: Task I. Sixty-six thousand eight hundred dollars ($66,800.00) for the Master Plan and Programming Phase, Tasks II - IV Seven and one-half percent (7 1/2%) of construction cost for all land based elements; and Ten percent (10%) of construction cost for all water based elements. 21 1. Design Development Phase: 20 percent 2. Construction Documents Phase: 50 percent 3. Bidding or Negotiation Phase: 5 percent 4. Construction Phase 25 percent An estimated construction cost of $2.0 million and a fee percentage of 7 1/2% shall be initially used to calculate the Architectural fee for Tasks II - IV. When the actual construction cost is known, the fee will be adjusted. A final adjustment will be made when construction is complete. (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 as 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 and living expenses in connection with out -of -county travel authorized by the Owner, 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 (beyond 6 signed and sealed sets, plus one set of reproductibles); 22 d. Postage and handling of Drawings and Specifications; e. Renderings and Models requested by the Owner. f. Expense of additional insurance coverage or limits, including professional liability insurance requested by the Owner in excess of $1,000,000. 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 10.1.1 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 the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Architect's Drawings, Specifications or 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 rights 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 sentence, each party hereto binds itself, its successors, assigns and legal 23 representatives to the other and to the successors, assigns and legal representatives 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 (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. 24 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 it's duration. 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 placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a 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 a s 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. 25 SWORN STATEMENT UNDER ORDINANCE NO.10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE B E m z r.& � 14s s oc i o%TE s 14 R c HI TE c Tswarrants 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 breach 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. k-�- (Signature) Date: I w STATE OF F 1-0 Q 1 3) A COUNTY OF M o to R o E Subscribed and sworn to (or affirmed) before me on 14ug, Ia. 19 IA (date) by lA f-rZT ll E ND E A (name of affiant). He/-S� is personally known to me e ( n. My commission expires: --p , 0-i - - NOTARY PUBLIC .ti'�"•'v� ; Daina D. Katubi .: . MY COMMISSION* CC714048 EXPIRES BONDED THRU TROY Fry INSURANCE, INC 26 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative this a a n d day of 7u n e ,1998. (SEAL).,. _.- Attest: DANNY L. KOLHAGE, Clerk .A Dep4'!3,Clerk Date: o Co - a a- 9 8 (SEAL) Attest: By: Title: BOARD OF COUNTY COMMISSIONERS OF MONROE WUNTY, FLORIDA By: /Chairman ARCHITECT BENDER & ASSOCIATES ARCHITECTS, P.A. Title:l vT APPROVED AS TO FORM A AL SUFFICI CY. B ROBERT N. W L DATE 27 EXHIBIT A 1996 Edition MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Construction Contractors and Subcontractors Prior to the commencement of work governed by this contract (including the pre -staging of personnel and material), the contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractors will ensure that the insurance obtained will extend protection to all Sub - Contractors engaged by the Contractor. As an alternative the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre -staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the county as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to prove satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in the contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or A Certified copy of the actual insurance policy. Administration Instruction #4709.2 1996 Edition The County, at is sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non -renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County -owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. Administration Instruction #4709.2 1996 Edition MONROE COUNTY, FLORIDA INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverages marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him/her sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. WC 1 WC2 WC3 WCUSLH WCJA WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY X Workers' Compensation _x Employers Liability Employers Liability Employers Liability US Longshoremen & Harbor Workers Act Federal Jones Act Statutory Limits $100,000/$500,000/$100,000 $500,000/$500,000/$500,000 $1,000,000/$1,000,000/$1,000,000 Same as Employers' Liability Same as Employers' Liability INSCKLST 1996 Edition As a minimum, the required general liability coverages will include: • Premises Operations • Products and Completed Operations • Blanket Contractual • Personal Injury • Expanded Definition of Property Damage Required Limits: GL1 X $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit GL2 $250,000 per Person; $500,000 per Occurrence $50,000 Property Damage or $500,000 Combined Single Limit GL3 $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit GL4 $5,000,000 Combined Single Limit Required Endorsement: GLXCU Underground, Explosion and Collapse (XCU) GLLIQ Liquor Liability GLS Security Services All endorsements are required to have the same limits as the basic policy. INSCKLST 1996 Edition VEHICLE LIABILITY As a minimum, coverage should extend to liability for: • Owned; Non -owned; and Hired Vehicles Required Limits: VLl X $50,000 per Person; $100,000 per Occurrence $25,000 Property Damage or $100,000 Combined Single Limit VL2 $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit VL3 $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit VL4 $5,000,000 Combined Single Limit U • •►`� BR1 Builders' Limits equal to the Risk completed project. MVC Motor Truck Limits equal to the maximum cargo value of any one shipment. PRO1 Professional $ 250,000 per Occurrence/$ 500,000 Agg. PR02 Liability $ 500,000 per Occurrence/$1,000,000 Agg. PR03 $1,000,000 per Occurrence/$2,000,000 Agg. POL1 Pollution $ 500,000 per Occurrence/$1,000,000 Agg. POL2 Liability $1,000,000 per Occurrence/$2,000,000 Agg. POL3 $5,000,000 per Occurrence/$10,000,000 Agg. ED 1 Employee $ 10,000 ED2 Dishonesty $100,000 INSCKLST 1996 Edition GK1 Garage $ 300,000 ($ 25,000 per Veh) GK2 Keepers $ 500,000 ($100,000 per Veh) GK3 $1,000,000 ($250,000 per Veh) MED 1 Medical $ 250,000/$ 750,000 Agg. MED2 Professional $ 500,000/$ 1,000,000 Agg. MED3 $1,000,000/$ 3,000,000 Agg. MED4 $5,000,000/$10,000,000 Agg. IF Installation Maximum value of Equipment Floater Installed VLP1 Hazardous $ 300,000 (Requires MCS-90) VLP2 Cargo $ 500,000 (Requires MCS-90) VLP3 Transporter $1,000,000 (Requires MCS-90) BLL Bailee Liab. Maximum Value of Property HKL1 Hangarkeepers $ 300,000 HKL2 Liability $ 500,000 HKL3 $ 1,000,000 AIR1 Aircraft $ 1,000,000 AIR2 Liability $ 5,000,000 AIR3 $50,000,000 AEO1 X Architects Errors $ 250,000 per Occurrence/$ 500,000 Agg. AE02 & Omissions $ 500,000 per Occurrence/$1,000,000 Agg. AE03 $1,000,000 per Occurrence/$3,000,000 Agg. EO1 Engineers Errors $ 250,000 per Occurrence/$ 500,000 Agg. E02 & Omissions $ 500,000 per Occurrence/$1,000,000 Agg. E03 $1,000,000 per Occurrence/$3,000,000 Agg. INSCKLST 1996 Edition I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are Occurrence Claims Made Insurance Agency Signature BIDDERS STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Bidder Signature INSCKLST 1996 Edition ARCHITECTS ERRORS AND OMISSIONS LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: Marathon Community Park, & Boot Key Harbor Marina BETWEEN MONROE COUNTY, FLORIDA AND BENDER & ASSOCIATES ARCHITECTS, P.A. Recognizing that the work governed by this contract involves the furnishing of architectural services, the Contractor shall purchase and maintain, throughout the life of the contract, Architects Errors and Omissions Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be: $250,000 per Occurrence/$500,000 Aggregate Administrative Instruction AE01 ARC_E&O.DOC #4709.2 1996 Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: Marathon Community Park, & Boot Key Harbor Marina BETWEEN MONROE COUNTY, FLORIDA AND BENDER & ASSOCIATES ARCHITECTS, P.A. Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Administrative Instruction GL1 GEN_LIAB.DOC #4709.2 1996 Edition VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: Marathon Community Park, & Boot Key Harbor Marina BETWEEN MONROE COUNTY, FLORIDA AND BENDER & ASSOCIATES ARCHITECTS, P.A. Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non -Owned, and Hired Vehicles The minimum limits acceptable shall be: $100,000 Combined single Limit (CSL) If split limits are provided,.the minimum limits acceptable shall be: $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Administrative Instruction VL1 VEH_LIAB.DOC #4709.2 1996 Edition WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: Marathon Community Park, & Boot Key Harbor Marina BETWEEN MONROE COUNTY, FLORIDA AND BENDER & ASSOCIATES ARCHITECTS, P.A. Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the State of Florida and the company or companies must maintain a minimum rating of A -VI, as assigned by the A.M. Best Company. If the Contractor has been approved by Florida's Department of Labor, as an authorized self -insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates addition, the contractor may request from the County. in a self-insurance fund, a Certificate of Insurance will be required. In be required to submit updated financial statements from the fund upon Administrative Instruction WC1 WRK_COMRDOC #4709.2 1/2' ACORD- -GERTIFIG" TEOF LIABILIY INS IE:$�ERD-: 149 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER CMI INTERNATIONAL, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE LEIGH W. MCCRF.ARY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6161 BLUE LAGOON DR SUITE 420 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MIAMI FL 33126 COMPANIES AFFORDING COVERAGE McCreary Leigh W. McCreary COMPANY A WESTERN WORLD INSURANCE CO. Plea» No. 6 6 — 9 9 5 4 Fox No. 2 INSURED COMPANY B COMPANY C BENDER & ASSOCIATES ARCHITECTS COMPANY 720 CAROLINE STREET MM WEST FL 33040 D .CQVF.RAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTA TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MUMIYY1 POLICY EXPIRATION DATE (MMMD/YY1 LWITS 09NEPAL LIABILITY GENERAL AGGREGATE t 5 0 0, 0 0 0 PRODUCTS - COMP/OP AGO t INC I L . ABOV A X COMMERCIAL GENERAL LIABILITY NGL4 3 3 2 8 10 / 2 5 / 97 10 / 2 5 / 9 8 PERSONAL &ADV INJURY t 500, 000 CLAIMS MADE OCCUR EACH OCCURRENCE t 500, 000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any ons Rrsl t 5 0 r 0 0 0 MED EXP Ww ons person► t 11000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMB t ANY AUTO BODILY INJURY t ALL OWNED AUTOS SCHEDULED AUTOS B K ENtENT (Pr porsoro HIRED AUTOS M BODILY INJURY t NON -OWNED AUTOS 8Y (Pr aeddsnU DATE PROPERTY DAMAGE t •"RAGE LIABILITY WAIVER. NIA AUTO ONLY - EA ACCIDENT t ANY AUTO . �� OTHER THAN AUTO ONLY: EACH ACCIDENT t i Cal I AGGREGATE t EXCESS LIABILITY EACH OCCURRENCE 1_ AGGREGATE RUMBRELLA FORM OTHER THAN UMBRELLA FORSI t WORKERS COMPENSATION AND TWC VSTA1TU OTH- s:i:; EL EACH ACCIDENT i EMPLOYERS' LIABILITY EL DISEASE - POLICY LIMIT t THE PROPRIETOR/ INCL PAR TNERII EXECUTIVE OFFICERS ARE: rl EXCL EL DISEASE - EA EMPLOYEE t OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIIL ITEMS CERTIFICATE HOLDER IS ALSO NAMED ADDITIONAL INSURED ATIMA CERTIFICATE` -HOLDER _. _ CANCELLATION":* _ .. MONROEC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO AWL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. MONROE COUNTY BOARD OF COUNTY BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY COMMISSIONERS 5100 COLLEGE ROAD OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPR ENTATTVES. KEY WEST FL 33040 I� { AUTHORIZED REPRESENTATIVE Leigh W. McCreary ACORD 25=S.'0/95T .- ACORD CORPORATION 1968' Bender / June 15, 1998 Mr. Steve Piazza, Construction Manager County of Monroe 5100 College Road Key West, FL 33040 RE: Marathon Community Park & Marina, Boot Key Harbor Fee Proposal for Architectural and Planning Services Dear Steve, I am pleased to respond to your request for a fee proposal to provide professional services for the development of the Marathon Park and Marina at Boot Key Harbor. As we discussed, the services you require and related fees will be broken into two elements: 1. Master Plan / Program as a fixed fee; and 2. Design / Construction documents as a percentage of construction cost. The Master Plan services you outlined generally follow our original proposal. Your 6/11/98 transmittal requested the following: 1. Master Plan / Programming. We would like a fixed fee for this portion of the contract. Items included in this section to be: a. Meets with the public for input and information. These meetings to include: wish list meeting (kick-off; present conceptual plans for comments, and final Master Plan. b. Meet with committees - same type meeting with public. c. Presentations to BOCC. d. Develop needs assessment for park. e. Develop alternative conceptual plans for park & marina - (additional land as an alternative). f. Market/economic marina evaluation. g. Develop final program and master plan. h. Assist in funding sources. i. Base information to be supplied by County. 2. Design Documents This section to be a basic architectural contract - full service. Fee based on percentage of construction cost. The project will be divided into two phases, the park being one and the marina the second. Attached to this memo is our spreadsheet detailing the man hours required to provide all of your requested services. The task labels on the spreadsheet relate to the task descriptions in our proposal, Section 7: Project Approach. I have revised and attached the pertinent pages for your reference. For the services you requested under element 1, Master Plan / Program, we propose a lump sum fee of $66, 800. 4 10 A n g e 1 a Street Key West, Florida33040 Telephone (305)296-1347 Facsimile(305) 296-2727 Florida IicenseAACO02022 Boot Key Harbor Fee Proposal June 14, 1998 Page 2 For professional services required under Element 2, Design / Construction Documents, you have budgeted 2.1 million dollars for land based development but no budget has been established for water based marina development, i.e., mooring fields, pump out stations, dredging, break waters or docks on piles extending from the land into the water. Typically, these water based design services are more expensive than land based architectural/engineering services. Based on my understanding of the project scope and services required, I propose a percentage of construction cost fee of 7.5% for land based elements and 10% for water based elements, as outlined above. Additionally, you have requested some additional services to be included as "optional", such as marina economic analysis. We have estimated a marina economic analysis at $4,400. We can assist you with any other professional services, including establishment of a marina business plan. Fees for these services can be negotiated at the time of your request or provided hourly. There will be no travel charges for myself or my direct employees within Monroe County or to Bermello, Ajamil's Miami office. I will bill you for direct costs of my consultants travel. There will be no charges for long distance communications by me or my consultants. We will bill our direct costs for reproduction of reports, drawing and specifications, required for distribution but not for reproductions of documents for our own use. I trust the above will meet with your approval. Please call if you have any questions. As time is of the essence, we are willing to begin work upon approval of this proposal by the Monroe County Board of County Commissioners. However, I ask that you expedite execution of a contract, or establish another mechanism that will allow me to bill you for services performed if a formal contract will take several months to approve. I understand that you would like the Master Plan completed before Christmas. This is one of the most exciting projects to be undertaken within Monroe County in the foreseeable future. Our team is committed to providing the high level of professional service that this project demands and Monroe County deserves. I look forward to working with you again. Sincerely,. Bert L. Bender, Architect Enclosure BLB/ddk cc: Rob Curtis Amy Kimball SCOPE OF WORK PHASE I - Master Planning I -A. Project Start -Up and Kick Off Meeting We believe that one of the most important parts of the project is the start-up. We consider start-up the period after contract execution during which initial project tasks are planned and administrative and organizational responsibilities are clarified. Start-up culminates with the Kick -Off meeting, which includes all' client and consultant team members, and an initial site visit. During start-up, the project manager will work closely with the client on the start-up agenda, site visit itinerary, and schedule. We will clearly establish organizational responsibilities and relationships between and among the client and the consultants, and review key contractual issues. Management tools and procedures will be agreed upon, setting standards to be followed for the duration of the project. These may include schedule, report and invoice formats, meeting dates, distribution procedures, and other day-to-day administrative and management issues. These tools and procedures will be presented to the consultant team at the Kick -Off meeting. For the work to start expeditiously, it is assumed that most base information will be provided by the client for the consultant at the Kick -Off meeting, including surveys, scaled base maps and aerial photographs of the site and context area, resources and studies previously prepared for the areas. Products Start-up information packages and meeting notes. I-B. Goal Formulation Objective Prior to the start of physical site analysis, it is essential to understand the policies, issues, sensitivities, and other opportunities/limitations affecting the project site. The goal of this portion of the master plan seeks to establish clear objectives for the master plan by engaging groups and individuals with pertinent knowledge about the marina and the park, the various uses, as well as issues and concerns. This will be a fluid task that will result in draft recommendations for a list of planning objectives and goals. Due to the environmental sensitivity of the project site, environmental goals for the development of the park, marina and harbor will most likely be paramount. These goals may include avoidance and minimization of impacts to natural resources, provision of a net positive effect on ecological features through habitat enhancement, and the integration of environmental education elements the park and preliminary marina and harbor siting. Methodology Task I-B.1. Monroe County Parks and Recreation Advisory Board and Boot Key Harbor Committee county Park and Marina Complex at Boot Key Harbor Scope of Work —Revised June 18, 1998 Page 1 The consultant will schedule a joint meeting with the Monroe County Parks and Recreation Advisory Board and Boot Key Harbor Committee to establish a working relationship and review the Recommendations for Action Concerning Boot Key Harbor. Of particular concern is the situation in the marina and anchorage area, the relationship of the marina to landside activities, pedestrian and vehicular access to the park and marina, and the expectations of the residents, visitors, adjacent businesses as well as the problems they currently may be experiencing. Products The consultant will prepare a technical memorandum summarizing findings. I-C. Data Gathering and Analysis of Existing Conditions/Issues Objective The objective of the analysis is to prepare a comprehensive statement of existing demographic, economic, and land use conditions; the condition, adequacy, and appropriateness of existing traffic circulation, housing, environmental quality, and community facilities and services; and, condition of economic activity in the area. During this task the Team will establish the parameters for data collection and gather the actual data as appropriate for elements of the comprehensive plan. Subtasks will include: generation of a base map and associated existing condition maps and exhibits; development of existing land use data; review of previously produced planning studies for the area; inventory of capital budgets, infrastructure; demographic and socioeconomic analysis (including population projections); and, inventory of natural resources. Task I-C.1. Base Data and Analysis The consultant will collect relevant base data and information, if available, from existing sources as assembled by Monroe County. Information will include existing recreational facilities in the county, site historic resources, soils and flood plains. Task I-C.2. Environmental Conditions Data collection and inventory will also include identification of ecological features and wildlife habitat, unique ecological and aquatic features, and listed species. The analysis will identify constraints (both physical and regulatory) which might affect future development. As part of a discussion of secondary impacts, background data on key issues, such as water quality, wetlands and listed species, will also be provided. A discussion of the park's location within the National Marine Sanctuary, Area of Critical State Concern, and Outstanding Florida Water will be provided as part of our analysis of development constraints. County Park and Marina Complex at Boot Key Harbor Scope of Work —Revised June 1 B, 199E Page 2 Task I-C.3. Facility Analysis The consultant will provide a statement of value for existing marina facilities. The facilities will be evaluated based on criteria that include: • Public safety and compliance with all codes and regulations, including ADA guidelines; • Aesthetic appeal, materials, colors, shapes, signage, etc.; • Construction techniques, use of appropriate materials, ease of maintenance, flexibility, and adaptability; and, • Ease of use, spatial relationships, circulation, security, capacity requirements, etc. Task I-C.4. Verify Existing Utilities and Infrastructure The Team will inventory all existing utilities including, for example, sewer and water in the area where the station will be located. We will review files and documents for all relevant agencies and service providers. As part of this task, an initial evaluation of the conditions of these existing features and their ability to support the development will be conducted. Task I-C.5. Contextual Analysis From a physical design perspective the surrounding area must be analyzed to assure proper integration of the park. The Team will undertake a review of the areas surrounding the sites to ensure the alternative plans and final design integrate with the surrounding area. Task I-C.6. Review of the Regulatory Framework A review of the existing regulatory framework will be conducted to determine the extent that current regulations promote or detract from the site development. Zoning, land use and environmental regulations, as well as other pertinent regulations, will be examined. This task also includes research on elements such as growth management and the Monroe County Rate of Growth Ordinance (ROGO). Task I-C.7. Proposed Projects and Public Improvements Review and coordination of the proposed private sector projects and public sector improvements must occur in order to maximize all joint development opportunities available, as well as to efficiently and effectively integrate the site with the future development parameters of the area. A public workshop will be carried out to introduce the consultant team, review existing conditions and develop initial program for development. Members of the Boot Key Harbor Committee and the Monroe County Parks and Recreation Advisory Board, as well as elected officials will be encouraged to participate in, and inform, this process. Members of the Boot Key Harbor Committee County Park and Marina Complex at Boot Key Harbor Scope of Work —Revised June 18, 1998 Page 3 and the Monroe County Parks and Recreation Advisory Board, as well as elected officials will be encouraged to participate in, and inform, this process. Products Technical memoranda summarizing findings. Public workshop. I-D. Program Development Objective The objective of this element is to prepare a comprehensive program for park use, including resident and visitor requirements and a preliminary siting plan and program options for marina expansion and anchorage areas. Task I-D.1. Planning and Environmental The consultant will develop a park use program of quantified active and passive uses and a preliminary marina and anchorage area siting plan which balances the needs and concerns of residents and visitors, and responds to abutting land uses and the capacity of the site as a natural resource to absorb human activity. Environmental preservation requirements will guide the program development process. Areas where a connection between the harbor and park appears appropriate will be identified. The preliminary marina expansion and anchorage areas will be suggested based on existing technical information and regulatory staff coordination input, as well as the findings of the public workshop. Task I-D.2. Architecture The consultant will prepare a quantified architecture program of the architectural elements for the park based upon resident and visitor needs and research. Products Technical memoranda summarizing findings. I-E. Preliminary Plan Objective The objective of this phase of the planning process is to prepare a preliminary plan from a series of alternatives. The purpose is to explore alternative strategies for the use of the park, marina and harbor and to prepare a comprehensive preliminary master plan with cost estimates for review and approval. The plan will represent a physical manifestation of the park/marina/harbor program goals. t ounty Park and Marina Complex at Boot Key Harbor Scope of Work —Revised June 18, 1998 Page 4 Funding mechanisms will be identified for the initial capital costs of the preliminary master plan and, potentially for ongoing sources of revenue. Options for siting of marina expansion areas and anchorage areas will be generally located using existing technical information. The purpose of the waterside planning at this stage will be to identify general community concerns relating to the marina and anchorage issues and to provide for integration of upland and water uses into the program. Task I-E.1. Alternative Development Based on the information developed in the earlier tasks the consultant will produce up to three alternative development scenarios for the project. Task I-E.2. Alternative Selection Workshop A facilitated public workshop will be conducted to review each development scenario. The alternatives will be evaluated based on the pros and cons of each option. The workshops will be designed to refine the initial development options and lead to selection of a preferred alternative. Task I-E.3. Refine Preliminary Plan The consultant will refine the preferred alternative and develop the preliminary plan. Task I-E.4. Preliminary Cost Estimates for Proposed Improvements The consultant will prepare an estimate of probable cost of the preliminary master plan. Costs will include site, architectural, landscape and signage improvements. All proposed improvements will be quantified and costed. Task I-E..5. Funding Mechanisms The consultant will prepare a development budget for the preliminary master plan, including recommended mechanisms and sources and uses of funds, with appropriate justification for the allocation of investment obligation. Task I-E.6. Public Workshops The objective of this facilitated public workshop is to develop consensus for the preliminary plan. The team, Boot Key Harbor and Recreation committee and the public will review and refine the preliminary plan so that the consultant can develop the final plan. Products • Narrative discussion and graphic illustration of alternatives offered. • Workshop with the public, the Parks and Recreation Advisory Board, and the Boot Key c.ounry --ark anct marina Complex at Boot Key Harbor Scope of Work —Revised June 18, 1998 Page 5 Harbor Committee to generate a preferred alternative that defines the preliminary plan- I-F. Final Plan Objective Based on review and approval of the preliminary master plan, the consultant will prepare a final master plan, order -of -magnitude cost estimate and a phasing plan. Products will include the complete technical notebook and an executive summary report. Preliminary recommendations will be made on funding sources. I-F.1 Draft Final Design The final design will include a master plan for the upland components of the park. An order -of - magnitude cost estimate and phasing plan will be developed to guide implementation of the master plan. I-F.2 Draft Final Report The written portions of the master plan will be drafted into a- final document, which will include existing conditions, a summary of the planning process, and the outcome and conclusion of the findings and workshops. This will include any written objectives of the community which are not represented graphically. 1-17.3 BOCC Presentation. The consultant will present the final master plan to the BOCC at a regularly scheduled meeting. Products Documentation of the final plan will be presented in written and graphic form to the BOCC for approval. PHASE II - Construction Documents/Specifications 11-A. Design Developrnent Following approval of the final master plan, development includes determination, design and coordination of architectural, civil and marine engineering, structural, mechanical and electrical systems, equipment layouts and all related site development. This phase results in drawings documentation, plus additional materials as necessary to illustrate final development and ensure that all significant design questions and/or problems have been solved. This is the heart of the development process and the point at which the actual form and character of the project is established. Collaboration with client and consultant is imperative during this County Park and Marina Complex at Boot Key Harbor Scope of Work —Revised June 18, 1998 Page 6 phase. 11-B. Construction Documents Working drawings and specifications will be prepared and sufficiently detailed in order to ensure the desired result with minimum possibilities of cost overruns. This phase transforms the approved "Design Development Package" into a set of detailed, legal, bidding documents which relate to the construction industry. These documents control and direct the construction • process via construction drawings and detail materials/building systems specifications. PHASE III - Bidding The bidding phase will be conducted in the same manner as similar projects. We will conduct pre - bid conferences, bid reviews, and pre -construction meetings. A minimum of three low bidders will be evaluated to determine the lowest and best bid. In addition to price, consideration will be given to the bidders past performance and experience with projects of comparable scope and type. PHASE IV - Construction Administration During construction we will schedule weekly meetings with Contractor to establish projected work for the upcoming week. -This will maintain communication with the Contractor and guarantee that construction is properly planned. 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