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2nd Amendment 12/16/2009 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: December 23,2009 TO: Jerry Barnett, Director Project Management FROM: N> Ann Riger i" ()l Isabel C. DeSantis, D. C. - ~ V ATTN: At the December 16, 2009, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following matters: Award of Bid NE Continuing Contract between Monroe County and CH2MHill, Inc., for Architectural/Engineering and General Engineering Services for projects in which construction costs do not exceed $2,000,000.00 commencing on the effective date of this contract and ending four years thereafter with options for owner to renew on an annual basis for two additional years. NE Continuing Contract between Monroe County and MBIIK2M Architecture, Inc., for ArchitecturaVEngineering and General Engineering Services for projects in which construction costs do not exceed $2,000,000.00 commencing on the effective date of this contract and ending four years thereafter with options for owner to renew on an annual basis for two additional years. Final Amendment to Contract between Monroe County and Matthew Fowler, Architect, Timmins Engineering LLC, a/k/a Matthew Fowler, Architect and Thomas Timmins, P.E., for professional services for the construction of the Tavernier Fire Station. Enclosed are duplicate originals of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File FINAL AMENDMENT TO CONTRACT BETWEEN OWNER AND ARCHITECT This AMENDMENT is made this 16th day of December, 2009 by and between the Board of County Commissioners of Monroe County, Florida, a political subdivision of the State of Florida (hereinafter, "County"), and Matthew Fowler, Architect, Timmins Engineering LLC, aka, Matthew Fowler, Architect and Thomas Timmins, P.E. (hereinafter, "Architect") (collectively, "Parties") WITNESSETH WHEREAS, on the 20th day of March, 2002, the parties entered into a contract to provide architectural services for small construction projects of building and other capital improvements in which construction costs do not exceed $500,000.00; and WHEREAS, in a letter signed by bother Parties dated November 19, 2002, County hired the Architect to provide architectural services for the renovation of the Tavernier Fire Station (November 2002 Agreement"); and WHEREAS, on the 21st day of February, 2007 the parties agreed to an Amendment reviving the contract and increasing the small construction project costs to $1,000,000.00; continue the contract until terminated by the parties in accordance with the provisions set forth in Article XIV; establishing a new fixed hourly rate per a letter from Matthew Fowler dated January 8, 2007; and amending the March 2002 Agreement Page 1, paragraph 4. NOW THEREFORE, in consideration of the mutual promises and considerations, the parties agree to amend the agreements as follows: The second sentence of the second paragraph of the November 2002 Agreement, and as revised on the Amendment to Contract dated the 21st day of February, 2007, is amended to read as follows: "As a group C project, you will receive a 7.75% full service architectural/engineering fee multiplied by the actual construction cost of $1,166,268.20, resulting in a final fee of $90,385.79, less fees previously paid on the proj ect prior to this date. All other terms and conditions of the March 2002, November 2002 Agreement, and the February 2007 Amendment, remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first written above. ATfEST: DANNY L. KOHLAGE, COUNTY CLERK By:~Q. ~ Deputy Clerk \ ;}.-/I q I D<1 , / Cl a:: o u w a:: c:: o l.L.. o W -.l l..L- N N Date: W -1 (~ l..l- <~~ :r: <-, f.'- , . 't"->~' ~GS .. - :c 0- M N U W Q e,r. ~ c:::>> ~ ,~!\\ ~"::) E CO U NTY A TTei ~--,~" ~ AP RO)lEDAS T~!:;! NATILEENE W"';P<~ SSISTANT CC:UNT'/ l;,-r(( Dmc -- -. J "e i-j}~ . , I / .__..~~ o By: Date: 1o~ M. Timmins, P.E. I~ ;;\ 0 G} I I Amend #2 1 MONROE COUNTY FINAL RELEASE KNOW ALL MEN BY THESE PRESENTS, that Matthew Fowler, Architect and Timmins Engineering LLC, for and in consideration of the sum of Twelve Thousand Six Hundred and Thirteen Dollars and sixty-one cents ($12,613.61) paid to Matthew Fowler, Architect and Timmins Engineering LLC by Monroe County, Florida receipt of which is hereby acknowledged, does hereby release and quit claim to Monroe County, Florida, the Owner, its successors or assigns, all liens, lien rights, claims or demands of any kind whatsoever which Matthew Fowler, Architect and Timmins Engineering LLC has (have) or might have against Monroe County, its Board of County Commissioners, agents, employees, property, building, and/or improvenlents, on account of labor performed, material furnished, and/or for any incidental expense for the construction of the Tavernier Fire Station Renovation and under the contract entered into with the County in March 2002 and any amendments thereto or in otherwise improving said property as above described and further agrees that Matthew Fowler, Architect and Timmins Engineering LLC has provided a final invoice to the County in the above referenced amount which represents the entire amoWlt claimed by Matthew Fowler, Architect and Timmins Engineering LLC now or in the future Wlder the contract entered into with the County in March t~n~e ents thereto and related to the renovation of the Tavernier Fire Station. MNthew Fowler, ArC~ M kr-~~~ ~ Print Name STATE OF FLORIDA COUNTY OF MONROE IR REBECCA L. LACEY Notary Public. State of Florida Commissionl 0091841 0 My oomm. .xplr.. Aug. 18, 2013 ON the ,/L day of k-t-- , 2009,~JL-.) f~efore me personally appeared and is to me known to be the person named herein and who executed the foregoing Release and acknowledged to me that he voluntarily executed same. My term ex~ires ~J~ 1'1 ,2()6J.J Date: omas M. Timmins, Timmins Engineering LLC :t:h~(r\(l s M TiIYlIh Ins Print Name 12 /2/0'1 Rl8ICCA L LACIY I~~ Notary Public, State of FlorIda Cornmissionl OD91841 0 My comm. expires Aug. 19. 2013 ON the ;;;-. day of ~ ,2009, << me personally appeared and is to me known to be the person named herein and who executed the foregoing Release and acknowledged to me that he voluntarily executedA.ame. My term ex . ~ \~ STATE OF FLORIDA COUNTY OF MONROE , 20/--13 cou NTY P,TTO to':~' . ~:1~:::l:Jn~~ i i ;-1 ~.i= r:~ f'j E \'Y, (~p\ SSEL /.."<T COU;'~TY ATTO~lNEY ...--J~I L / 01 - OKl!~ErY ~o~~~E (305) 2SW~641 November 19, 2002 Matthew Fowler, Architect Thomas Timmins P.E. 21 Ships Way 8ig Pine Key. FL 33043 RE: Agreement for Architectural Services Dear Matthew and ThoMas: (~,..-..- BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, Disbict 3 Mayor Pro Tern Dixie M. Spehar, District 1 Bert Jimenez, District 4 George Neugent, District 2 Murray E. Nelson, Disbict 5 We are in need of archltecturaUengineering services for the renovation of the Tavernier Fire Station. Our agreement with you shall be in accordance with our annual contract dated March 20, 2002. Per Exhibit A of said contract, your fee shall be based on the fee schedule of project complexity based on the type of project. As a group C project, your percentage is based on a construction estimate of $430,000.00 arriving at a 8.3% full service architecturaUengineering fee ($35,690.00). By signing this letter .yolfate in agreement with the terms of this project. /' ,.",,-. Please ret~m tIli* agreement to us. I am looking forward to working with you on Monroe County Capital project. .. - -"". .-. ......,-- . _. _.. . ~" ..... sincerely>", , )/1./ t "\. "- Stephanie 'co",~/ -- Director of Construction & Planning MATTHEW FOWLER, ARCHITECT AND THOMAS TIMMINS P.E., HEREBY AGREES TO PROVIDE A ARCHITECTURAUENGINEERING SERVICES TO MONROE COUNTY FO R THE RENOVATION OF THE TAVERNIER FIRE STATION. MONROE cn~GREES TO PAY MATTHEW FOWLER, ARCHIT THE~~ ~tSTRUCTION COST ($430,000.00) DETEliM'. \;<1z..__ \I /I'f o~ Stephani.. Iter, Con tructlon Manager Date /i I D ngineer ~ Cc: Danny Kolhage Rob Wolfe 1100 Simonton Street Key West FI 33040 Tel: 305-292-4429 Fax: 30S-295-432 I AMENDMENT TO CONTRACT FOR ARCHITECTURAL SERVICES BETEWEEN OWNER AND ARCHITECT This AMENDMENT is made this 21st day of February, 2007, by and between the Board of County Commissioners of Monroe County, Florida, a political subdivision of the State of Florida (hereinafter, "County"), and Matthew Fowler, Architect and Thomas Timmins, P.E. (hereinafter, "Architect") (collectively, "Parties"). WITNESSETH WHEREAS, Parties entered into a contract on March 20, 2002 ("March 20002 Agreement"), whereby Architect agreed to provide architectural services to County for construction projects to be designated subsequently; and WHEREAS, in a letter signed by both Parties dated November 19, 2002, County hired Architect to provide architectural services for the renovation of the Tavernier Fire Station ("November 2002 Agreement"); and WHEREAS, due to delays in the construction of the building for which Architect's drawings, specifications and other documents are being utilized, it is necessary to revive the contract, which purports on its face to have expired, since the County did not previously actively renew the agreement; and WHEREAS, the County finds it is in the public interest to complete the construction with Architect and therefore finds it desirable to revive and extend the contract, retroactive to the date on which it expired; and WHEREAS, the parties expressly intended the contract to be a continuing contract as that term is defined in section 287.055(2)(g), Florida Statutes. NOW THEREFORE, in consideration of the mutual promises and considerations, the parties agree to amend the agreements as follows: ] · Page 1, paragraph 4 of the March 2002 Agreement is amended to read as follows: "The architectural services required by this Contract are to be rendered for small projects consisting of remodelin& roofin& ADA compliance, or renovations of building and other capital improvements, in which construction costs do not exceed $1,000,000." 2. Page 1, paragraph 5 of the March 2002 Agreement is deleted and replaced as follows: "This contract will continue until terminated by the parties in accordance with the provisions set forth in Article XIV, Termination." 3. Exhibit B to the March 2002 Agreement, a letter from Matthew Fowler dated March 7, 2002, is deleted and replaced with a letter from Matthew Fowler to Ann Riger of Monroe County Facilities Development dated January 8, 2007, a copy of which is attached hereto as Exhibit A. 4. The second sentence of the second paragraph of the November 2002 Agreement is amended to read as follows: "As a group C project, you will receive a 7.9010 full service architecturaJ/engineering fee multiplied by a construction estimate of 1 $984,458.00, resulting in a final fee of$77, 772.18, less fees previously paid on this project prior to this date." 5. All other terms and conditions of the March 2002 and November 2002 Agreements remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first written above. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ~j(}~ BY: Mario Di Gennaro, Mayor FE8 2 1 Z007 Date: AI~L~~ClERK By: ....L -\. i/ ..... . uty CI ARCHITECT MAITHEW FOWLER, ARCHITECT BY: ~'-~ ~ {; Fowler, Architect 2 1..1 OJ Date: "at~ .. THOMAS TIMMINS, P.E. BY: --~! Z;;;J//'/YlIl/t..1tvJ-- / Thomas M TimrninA, P.E. Date: Z 21/ v 7 2 Exhibit "A" MaUhew Fowler, Architect lbomas M. Tunmim, P.E. Matthew Fowler, Architect Thomu M. Timmins, P.E. 21 Ship's Way Bil Pine Key, FL 33043 E-mail Florida State # AR15067 Florida State # PE45406 January 8, 2007 Facilities Development Monroe County 1100 Simonton Street Key West, FL 33040 Attn: Ann Riger Re: Fee ScbeduJe Request for Professional Services Design, Cmtract Documents, and Project Administration Dear Ms. Riger, As per your request, our fixed hourly mtes are as follows: Matthew Fowler, Architect S130.00Ih0ur S130.0MJ0ur Thomas M. TIIDDliDs, P.E. If you have any questions, please do DOt hesitate to cmJact us. Sincerely, ~.~~~ Matthew Fowler ;al~ Thomas M. Timmins Voice 30'-872-4828 30'-872-4060 Facsimile 305-872-1170 timminsensrllc@belJsouth.net \1 , CONTRACT FOR f J ,f f ARCHITECTURAL SERVICES BETWEEN OWNER AND ARCHITECT These contract documents should be used only after consultation with counsel. The documents are not intended as legal advice appropriate to any specific situation, nor do they purport do address all issues which may arise between the contracting parties. The documents should be amended or supplemented where appropriate. THIS CONTRACT FOR ARCHITECTURAL SERVICES BElWEEN OWNER AND ARCHITECT (the "Contract") is made and entered into by MONROE COUNTY, BOARD OF COUNTY COMMISSIONERS (the "Owner") and MATTHEW FOWLER. ARCHITECT AND THOMAS TIMMINS. P.E. This contract is executed under seal and shall be effective on the date executed by the last party to execute it. The architectural services required by this Contract are to be rendered by for small projects consisting of remodeling, roofing, ADA compliance, or renovations of building and other capital improvements, in which construction costs do not exceed $500,000.00. Services will include an annual contract with the Monroe County Board of County Commissioners, with the option to renew for three additional years. Architectural services shall include, but not 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, recommend approval of contractor invoices, preparation and submittal of permit applications, zoning applications and presentations to the County Commission. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, . the sufficiency of which hereby acknowledged, the Owner and the Architect agree: FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Contract, the Architect makes the following express representations and warranties to the Owner: 1.1.1 The Architect is professional qualified to act as the architect for the Project and is licensed to practice architecture by all public entities having jurisdiction over the Architect and the Project; 1.1.2 The Architect shall maintain all necessary licenses, permits or other authorizations necessary to act as architect for the Project until the Architect's duties thereunder have been fully satisfied; 1.1.3 The Architect has become familiar with the Project site and the local conditions under which the Project is to be designed, constructed, and operated; 1.1.4 The Architect shall prepare all documents required by this Contract including, but not limited to, all contract plans and specifications, in such a manner that they shalf be accurate, coordinated and adequate for construction and shalf be in conformity and comply with all applicable law, codes and regulations. The Architect warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional construction cost due to missing or incorrect design elements in the contract documents; 1.1.5 The Architect assumes fuff responsibifity to the extent alfowed by law with regards to his performance and those directly under his employ as Architect of Record. 1.1.6 The Architect's services shalf be performed as expeditiously as is consistent with prOfessional skill and care and the orderly progress of the Work. The Architect shalf submit, for the Owner's and Construction Manager's information, a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds if approved by the Owner, and shall include allowances for periOds of time required for the Owner's and Construction Management's review, and for approval of submission by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner may not be exceeded by the Architect except for delay caused by events not within the control of the Architect or foreseeable by him. In the event the Architect does not conform to the schedule, then the Architect may 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 ARCHITECTS BASIC SERVICE 2.1 DEFINITION 2.1.1 Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.5, and other services identified as part of Basic Services, and include normal structural, mechanical and electrical engineering services. The Architect will commence work on the services provided for in this contract promptly upon his receipt of a written notice to proceed from the Owner. The notice to proceed must contain a description of the services to be performed, the time within which services must be performed and the appropriate fee calculated pursuant to Article VIII. 2. 1.2 The Design for Construction shall include, but shall not necessarily be limited to, plans and specifications which deSCribe all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Design for Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the Owner. The Architect shall be responsible for designing the Project in accordance with the analyses and recommendations of the geotechnical information furnished per Article 4.5. 2.2 SCHEMATIC DESIGN PHASE , 2.2.1 The Architect shall review the program, schedule and construction budget furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall review with the Owner and Construction Manager: proposed site use and improvements, required permits, zoning, selection of materials, building systems and equipment; and method of Project delivery. 2.2.3 The Architect shall review with the Owner and Construction Manager alternative approaches to design and construction of the Project. 3 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 At 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. 2.2.7 The Schematic Design must be approved, in writing, by Owner prior to Architect 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 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, 4 recommendations regarding basic electrical materials, systems and equipment, analyses, and development of conceptual design solutions for: power service and distribution, lighting, telephones, fire detection and alarms, security systems, electronic communications, special electrical systems, and general space requirements. d. Civil Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate materials and systems and development of conceptual design solutions for: on- site utility systems, off-site utilities work, fire protection systems, drainage systems, and paving. 2.4 DESIGN DEVELOPMENT-DOCUMENT PHASE 2.4.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction bUdget. the Architect shall prepare Design Development Documents for the Construction Manager's review and the Owner's approval. The Design Development Documents shall consist of drawing and other documents that establish and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems. materials and such other elements as may be appropriate. 2.4.2 At intervals mutua"y 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 shan 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 shan provide drawings, outline specifications and other documents for the Owner's approval and the Construction Manager's information. The Architect sha" provide an estimate of anticipated costs in accordance with the Design Development Phase. 2.4.4 The Design Development Documents must be approved, in writing. by the Owner prior to Architect continuing to the Construction Documents Phase. 2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS To satisfactorily perform the design development phase requirement. the Architect must complete the tasks set forth in paragraphs 2.5.1 _ 2.5.13. 2.5.1 Floor Plans - This consists of general plans, overall coordinating plans. and plan enlargements for important and special areas. 5 "t 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 "NIC" and "by owner") j. Larger scale (e.g., ~"). Key areas, lobby, entries, public plaza, major COrridors,special spaces, etc. Required: All surfaces (floor, wall, and ceiling treatments), furniture indication, and layout. 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 explanationl' type. Detail Wall Sections - Largest scale (e.g., %"). 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 systems d. Window location and insulation methods e. Flashing, masonry coursings f. Mechanical penetrations impact (furring, etc.) g. Parapet design 6 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 f. Interior partition types (typical only; keyed to plans and schedules) g. Built-in furniture items, receptions desks, work tops, counters, cabinet types, display cases, recesses, wardrobes, millwork, etc. 2.5.5 Interior Elevations - Typical and special spaces, interfaced with, and cross-referenced to, floor and reflected ceUing plans. Indicate: a. Breaks b. Level changes c. Pertinent vertical dimensions. 2.5.6 Reflected Ceiling Plans - Typical and special space. Integrated plans reflecting structural, mechanical, and electrical impacts. Plans to indicate: a. Lighting layouts b. Soffits, coves, furrings c. Skylight locations d. Ceiling materials e. Acoustic treatments f. Heating and ventilating register, diffuser locations g. Sprinklers h. Access panels 2.5.7 Schedules - Schedules to be nonrepetitive and comprehensive, with specific keying to floor plans and elevations. a. Interior finishes b. Doors and frames c. Preliminary hardware d. Windows/glazing 2.5.8 Specifications - Comprehensive, abbreviated methods, materials and systems descriptions in tune with drawings. Use CSI format with applicable section numbers. Include all consultant portions, as well as, those special supplementary conditions specific to the project. 7 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 mechanicaVelectrical at areas of major interface j. Design development specifications k. Any necessary recommended adjustments to the preliminary estimate of construction cost. 2.5.11 MechanlcallElectrical 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 c'osets, and convectorlfan coil 'ocations, etc. b. Required punctures: waU, s'ab, and beam c. Termina' p'ans ('abby, cellar, roof) with items of heavy equipment shown in diagrammatic sty'e, with their space requirements indicated: (1) Boilerlheater spaces (include c'ear height requirements), (2) Transformer vau'ts (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. 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: 8 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. 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 mechanicaVelectrical 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, benns, 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. 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 or in 9 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 Agreement 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. 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. 10 2.8 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACTOR 2.8.1. The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for construction and terminates with the issuance to the Owner of the final Project Certificate for Payment including the submission of all project close out documents by the Architect and Contractor. The Architect will administer the Owner/Contractor contract as provided for in that document. The Architect agrees to perform a project check prior to the end of the warranty period as a part of the contract. The check shall not exceed one working day unless additional time is approved by the Owner. 2.8.2 The Architect shall at all times have access to the Work whenever it is in preparation or progress. 2.8.3 The Architect shall, as contemplated herein and in the Construction Contract, but not otherwise, act on behalf, and be the agent, of the Owner throughout construction of the Project. Instructions, directions, and other appropriate communications from the Owner to the Contractor shall be given to the Contractor by the Architect or Construction Manager. 2.8.4 Upon receipt, the Architect shall carefully review and examine the Contractor's Schedule of Values, together with any supporting documentation or data which the Owner or the Architect may require from the Contractor. The purpose of such review and examination shall be to protect the Owner from an unbalanced Schedule of Values which allocates greater value to certain elements of the Work than is indicated by such supporting documentation or data, or than is reasonable under the circumstances. If the Schedule of Values was not found to be appropriate, or if the supporting documentation or data is deemed to be inadequate, and unless the Owner directs the Architect to the contrary in writing, the Schedule of Values shall be returned to the Contractor for revision 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 11 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 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 all of the Contractor's submittals such as Shop Drawings, Product Data, Warranties 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. al/ of which remain the responsibility of the Contractors to the extent 12 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. The Architect shall maintain a tracking log for the submittals which shall include but not be limited to; the submittal as named in the specification, all dates as required for tracking and the status of approval. A copy of the tracking log will be made available to Owner when requested. 2.8.10 The Architect shall review and sign or take other appropriate action on Change Orders and Construction Change Directives prepared by the Construction Manager for the Owner's approval and execution in accordance with the Contract Documents. Architect to take appropriate action within 7 calendar days. 2.8.11 The Architect shall promptly provide appropriate interpretations as necessary for the proper execution of the work as long as there is no change in Contract price. 2.8.12 The Architect shall require inspection or reinspection and testing or retesting of the work, to include architectural, structural, mechanical and electrical engineering portions of the work, in accordance with the provisions of the Construction Contract whenever appropriate. 2.8.13 The Architect, assisted by the Construction Manager, shall conduct inspections to determine the dates of Substantial Completion and the date of Final Completion. The Architect shall submit to the Owner a list comprised of incomplete and/or unacceptable items required by the Contract Documents to include architectural, structural, mechanical and electrical engineering portions of the work. The Architect shall forward to the Construction Manager warranties and similar submittals required by the Contract Documents which have been received from the Contractor. The Architect shall issue a final Project Certificate for Payment upon compliance with the requirements of the Contract Documents. 2.8.14 The Architect shall interpret and decide matters concerning performance of the Contractor under the requirements of the Contract Documents upon written request. The Architect's response to such requests shall be made with promptness and within seven (7) days of receipt of request. 13 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 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, after a complete review for compliance with contract documents. 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 will be provided as part of the baSic services when in defense of claims for actions of the Architect, unless otherwise prevented by counsel of the architect at 14 I . 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 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 IS 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 the Architect's final estimate described in paragraph 5.1). 3.4.9 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.10 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.11 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 3.4.12 Providing assistance with public agencies requiring formal review of project and preparation of documents, reports, studies, renderings, models, payment of fees, applications and other material necessary to seek such approval. 3.4.13 Providing representation before public bodies in conjunction with approval of project, upon approval by owner. 3.5 CONTINGENT ADDITIONAL SERVICES 3.5.1 Making revisions in Drawings, SpeCifications or other documents when such revisions are: a. Inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; b. Required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents and not reasonably anticipated; or 16 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 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, flexability, 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. 17 4.5 The Owner shall furnish the geotechnical tests when requested by the Architect. Such tests may include, but not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, and ground corrosion and resistively tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 4.6 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 certificates requested of the Architect or Architect's consultants shall be submitted to the Owner for review and approval at least 14 days prior to execution. The Owner shall not request certifications that would require knowledge or services beyond the scope of this Agreement. 4.10 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 environmental tests, inspections and reports required by law or the Contract Documents. 18 ARTICLE V CONSTRUCTION COST 5.1 Contemporaneously with the submission of the Design of Construction, the Architect shall submit to the Owner in writing its final estimate of the contractor's anticipated price for constructing the Project. Once submitted, the final anticipated price estimate shall be adjusted by the Architect to reflect any increase or decrease in anticipated price resulting from the change in Design for Construction. 5.2 The Construction Cost shall be the total estimated cost to the Owner of all elements of the project designed or specified by the Architect. 5.3 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Contractor's overhead and profit. 5.4 Construction cost does not include the compensation of the Architect and the Architect's consultants, the costs of land, rights-of-way, financing or other costs which are the responsibility of the OWner. 5.5 The Architect agrees that, should the bid for construction of the project exceed it's estimate by ten percent (10%) or more, it will redesign, redraw and/or rebid, at no additional or expense to the Owner, until the bids are within the stated limits. ARTICLE VI 8.1 INDEMNIFICATION AND HOLD HARMLESS 8.1.1 The Architect convenants and agrees to indemnify and hold harmless Monroe County and Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Architect in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Architect in any tier, their employees, or agents. The first ten dollars ($10.00) of remuneration paid to the Architect is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Should any claims be asserted against the Owner by virtue of any deficiency or ambiguity in the plans and specifications provided by the Architect, the Architect agrees and warrants that he shall hold the Owner harmless and shall indemnify him from all 19 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 ~~~~ ~()Wt-~ --fI1~ · - ~AlI" : FUNCTION A-Uff 1tJl< .,.,. €)1t;~ If eer: So long as the individuals named above remain actively employed or retained by the Architect, they shalf 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 shalf be paid monthly, not to exceed the percentages shown in Paragraph 8. 1. 1.A. (A) The Architect shall be paid for those services required by this Contract the amounts as identified on the State Fee Curve in Exhibit A and fixed hourly rates listed on Exhibit B. 1. 2. 3. 4. 5. Schematic Design Design Development Phase Construction Documents Phase Bidding or Negotiation Phase: Construction Phase 1 0 percent 15 percent 45 percent 5 percent 25 percent (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. 20 (C) If the Architect's duties, obligations and responsibilities are materially changed through no fault of the Architect after execution of this contract, compensation due to the Architect shall be equitably adjusted, either upward or downward; (D) As a condition precedent for any payment due under this Contract, the Architect shall submit monthly, unless otherwise agreed in writing by the Owner, an invoice to the Owner requesting payment for services properly rendered and reimbursable expenses due hereunder. The Architect's invoice shall describe with reasonable particularity the service rendered. The Architect's invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the Owner may require. 8.2 REIMBURSABLE EXPENSES 8.2.1 Reimbursable expenses include expenses incurred by the Architect in the interest of the project: a. Expense of transportation submitted by Architect, in writing, and living expenses in connection with out-of-county travel authorized by the Owner, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Fees paid for securing approval of authorities having jurisdiction over the Project; c. Reproductions (beyond 6 signed and sealed sets, plus one set of reproductibles); 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. 8.3 BUDGETS 8.3.1 The Architect may not be entitled to receive, and the Owner is not obligated to pay, any fees or expenses in excess of the amount budgOeted for this contract in each fiscal year (October 1 - September 30) by Owner's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the Owner's Board of County Commissioners. 2J 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, Specificiations 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 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 sentence, each party hereto binds itself, its successors, assigns and legal 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 shall obtain insurance as specified in the attached Exhibit C 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. ARTICLE XIV TERMINA TION 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 contrad 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. 14.1.2. This contract is a continuing contract as described in Section 287.055 (2)(g), F.S. In addition to being terminated by the Owner due to non- appropriation as provided in subparagraph 14.1.1, this contract may also be terminated by the Owner without cause giving the Architect as least 30 days written notice of such termination. 23 ARTICLE XV ENTIRE AGREEMENT 15.1 This contract is constitute 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 contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to pUblic entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any pUblic entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE ~ A-tf(~ frw ~arrants that he/it has not employed I retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 1 0-1990 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 it$.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. fk(~k (Signature) Date: 1 !-z/fJ7- I ,-/1 STATE OF ,,'l.ld2J fJ....-/ COUNTY OF -.) 7/~4 M /' ~ .. bscribeund sworn to (or affirmed) before me on '-It,M::L (date) . · v . () t.t..J ~ el /' (name of affiant), He/She is personally known to me. My commission expires: \/(~. , l / I / L' ~':" ,'e' '.;;,' ,.' - ,.'l,..."., ," -~ ~.,.,'TO;-"'.r...___~ ;'~~: ~:( :. '.', ;.... :...,' :;'~; .::-.~~'::J.';'t'!:~~j NOTARY PU '". ., . 25 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE ~ 1/1. TtWlItII HIt: I'-t\varrants 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 CouPty 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. J~7h. ~ (Signature) Date: 5" /2.,/ 0, , STATE OF F I 6 Y I J 01. ~ COUNTY OF vvto \1\ Yo ce",". Subscribed and sworn to (or affirmed) before me on ~_ ,:::1. --0 ~{date) ~y . ~~'-~~ a <; T-, ~ h1. IV! ~name of affiant). He/Sh~'onallY)A' Anita A Fischer Cknown to ~e._~ '---__.- t_*MyComm"lionCC~10!)r -- -----.-- , · . "It....'/ ElI:pfres August 27. ..:002 #,.. ~. Amta A F"'SC:1C" ~if.*Mycomm;SSic.n C,~-. '. <~ "' r' My commission expires: \;.../ Expires August 27. 2i1",' ~ a. ~~ -\<'s-,- NOTARY PUBLIC 25 Maahew FowIeI;AtdJRd 'IinImirIi EngiI&ring ILC Matthew Fowler, Architect Thomas M Timmins, P.E. PO Box 8~2 Summerlmd Key, FL 33042 E-mail Voice 3OS-872-4t28 305-872-4060 Facsimile 305-872-1170 mfowlerarcb@bellsouth.net Final Invoice November 18,2008 (Rev. 1211109) Ms. Au M. Riaer'- Coatrads AdBIillistrator 1108 SlatODtoB Street, Suite 2-216 Key Wat, FL 33040 Re: ...e.... FlNSfa... ~""oIce Por~... J'~SenIce&RaIdend: ....4 ~ of Sdlr-AtIr .....(10% or_lie 01-'-'79 .... .7.75% oI....~ ~w.6.-aJltol~~) S 9,838.58 I...'" c....... of..... >>eM......... (15% olaP-'Uedllnd bof Sll,3l5.79...... 7.9% ~"'appnJNd~ aJltor~t""'20) $13,557.87 l~ ~J*daaof~Doca.._"""'(45% of............ ..or.....".... .7.15% oI....appnwed ~1Id&. COlt of 51,166,261.20) S40,673.60 100% CompletioD ofBidd.IDg Phase (5% 01 ardaitedural fee 01_,385.79 .... - 7.7seA. or.......uWCd lJDIIID~ COlt oISt,lf6,2a20) S ~19.29 1"~ c........ ofC-*w6.iI~..... (25% or........... Pee 01$10,315.79 ..... .'.75% or...~.......... east ofSl,l~) en ..,.~ SIdMtaI .... S9O,3I5. 79 c....... PaIMa."""(7I% 01.........111I ..or--.oo..... OD &3% 01-. allllbaeta.. - 01 ~ Be: lAaerolApe.1Bt nnMU) S'U,9lB.OO Cndt... PI.......,... (h1-eatAdjMLl ..... Pft:rieat eo..t.tidM ec.traet oI$S55,430Re:~l-J3.e5) S 7,945.95 Credit for Previous Paymeat (PIIy.aat AdjUltment tor New ConstructioD COIltraet of~,4S8 Re: Invoke 12-18-07) Credit for Preriou Payment Credit for Pmio. Pa)'lllellt Credit for PnMo.. PaymeDt Cralit for PreriotII Pa)'DIatt Credit for Prerio8I Payment S25,4OO.19 S 4,666.33 S 4,471.90 S 3,694.18 S 5,249.62 S 1..361..81 Subtotal Credits Total Due S77.. 7'7'!..18 512,613.61 Please make ebeck payable 10 "Mattlew Fowler, ArdIiteet" 8Dd HOd 10 1lCId... above. If you have say qllestiolll, please do DOt laesltate to contact me at (30!) 872-4828. Tbaak YOUID advaDCe, ~~ Mattlaew Fowler Priadpal ....;.. .~ . '1 . ..'"';..,......