05/19/2010 Contract
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
May 20,2010
TO:
Jerry Barnett, Director
Project Management
A TTN:
FROM:
Ann Riger
Contracts Administrator
Pamela G. Hanc~.
At the May 19, 2010, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Contract between Monroe County and Pedro Falcon Electrical Contractors, Inc. for
construction of new exterior stairs at the East Martello Towers.
Contract for Professional Services between Monroe County and Bender & Associates
Architects, P.A. for the Design through Contract Administration for the replacement of the
perimeter fencing at the West Martello Towers.
Contract for Professional Services between Monroe County and Bender & Associates
Architects, P.A. for the repair and stabilization of Brick and Mortar at the East Martello Towers.
Contract for Professional Services between Monroe County and Bender & Associates
Architects, P.A. for the repair and stabilization of Brick and Mortar at the West Martello Towers.
Contract between Monroe County and Bender & Associates Architects for Construction
Administration Services for the East Martello Tower Restroom Project.
Consent to Assignment of the Contract for Maintenance and Annual Reporting of the
Environmental Wetland Mitigation at the Medical Examiner's Facility from BAT Constuction to
Terramar Environmental Services, Inc. (enclosed is a copy).
Enclosed is a duplicate original of each 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
-! .
CONTRACT FOR
PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECTIENGINEER
For
REPLACEMENT OF PERIMETER FENCING
At
WEST MARTELLO TOWERS, KEY WEST FLORIDA
THIS CONTRACT made as of the 19th day of May, 2010, FOR PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECT (the "Contract" or "Agreement") is made and entered into by
MONROE COUNTY, BOARD OF COUNTY COMMISSIONERS (the "Owner" or "County"), a
political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida
33040, its successors and assigns through the Monroe County Board of County Commissioners
("BOCC"), and BENDER & ASSOCIATES ARCHITECTS, P.A. (the "Architect") ,whose address is
410 Angela Street, Key West, Florida 33040, its successors and assigns.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated
herein, and for other good and valuable consideration, the sufficiency of which hereby
acknowledged, the Owner and the Architect/Engineer agree:
1. This contract shall be effective on the date of execution by the last party signatory to the contract.
2. This contract is in accordance to the Continuing Contract as approved by the BOCC on January
20, 2010 where professional services are to be rendered for projects in which the estimated construction
costs of each individual project under contract does not exceed Two Million Dollars ($2,000,000.00). All
terms and conditions of the continuing contract approved by the BOCC shall apply to this contract.
Modifications to the existing contract consist of the following:
3. The Architect shall not disclose, publish. or authorize others to disclose or publish, design data,
drawings, specifications, reports, or other information pertaining to the services performed by Architect or
other information to which the Architect has had access during the Term of the Continuing Contract
without the prior written approval of the County, during the Term of the Continuing Contract and for a
period of two years after the termination of the Continuing Contract. Nevertheless, the parties agree the
Architect may use and publish the County's name and give a general description of the work provided by
the Architect for the pwpose of informing other clients and potential clients of the Architect's work
experience and qualifications.
4. Should the County receive a request for documents pursuant to Chapter 119, Florida Statutes,
Architect shall cooperate with the County to facilitate the County's compliance with Chapter 119, Florida
Statutes. Should the Architect assert any exemptions to the requirements of Chapter 119 and related
statutes, the burden of establishing such exemption, by way of uyunctive or other relief as provided by
law, shall be upon the Architect. Failure by the Architect to cooperate with the County in connection with
a Public Records request shall be grounds for immediate unilateral cancellation of the Continuing
Contract by the County.
- ~ .
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5. Scope of Work: Replacement of the perimeter fencing, much of which is deteriorated to a point
of being unsafe. Replacement of the fence shall be in the same location as the original fence unless the
location must be changed due to statute, ordinance, or role. Design the posts, pickets, and rails to be
similar to the existing. Provide all attachment designs and obtain approvals from all Historic Agencies.
Issues which must be addressed include: Archaeological protection of the resource, research alternatives
for anchorage to the resource, details developed in compliance with the Secretary of the Interior's
Standards and full coordination with the Florida Department of State, Division of Historic Resources
(DHR). Individual tasks along with required time scheduled is attached hereto as Exhibit "A".
6. Services shall include, but not be limited to: Preparation and completion of the design program
for space requirements and relationship, schematic design, design development, preparation of contract
documents for bids, preparation and advertisement for Request for Bids, tabulation and review of bids,
recommendation of contract awards, cost estimating during design and document preparation,
administration of contract documents, consultation and on-site inspections during construction, review
and recommend approval of contractor invoices, preparation and submittal or permit applications, zoning
applications, public presentation and presentations to the County Commission.
7. The cost for professional services shall be a lump sum of $11,300.00, billed monthly ending the
last day of each month. There shall be no reimbursable expenses associated with this contract.
~~l;:,.other terms and conditions of this Contract shall comply with the Continuing Contract dated
- ~. ".ip, which shall be made a part of this contract as if written herein in its entirety.
~.
.. REOF, each party caused this Agreement to be executed by its duly authorized
day and year first above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: ~
M 1 M~or/Chainnan
Date: AY 9 lOtC
WITNESS TO Architect's Signature:
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March 11,2010
"Exhibit A"
Mr. Jerry Barnett, Director of Project Management
Monroe County Construction Mgmt.
The Historic Gato Cigar Factory
1100 Simonton Street
Key West, FL 33040
p.j~
Re: West Martello Fence, AlE Services
Dear Jerry:
Thank you for asking us to work with you on the West Martello fence repairs. As discussed, I have
researched various sources to detennine what base documents are available that will minimize our time on
this effort. We have some historic documents on file, and Bill Horn has provided us with an AutoCAD site
plan, which will reduce our field documentation time substantially. I am researching the National Archives
for additional historic documents. Our fee proposal reflects that time savings.
The scope of services includes replacement of the perimeter fencing, much of which is deteriorated to a
point of being unsafe. Issues which must be addressed include: Archaeological protection of the resource,
research alternatives for anchorage to the resource, details developed in compliance with the Secretary of
the Interior's Standards and full coordination with the Florida Department of State, Division of Historic
Resources. Individual tasks along with our estimate of the time required for each follows:
Task Description Project Project Intern Admin.
ManaKer Architect Architect Assistant
Field Doc.to include some excavation, assess brick 4 4
and mortar
Existing conditions drawings, sections, details, etc. 2 8
Design dev.of details & anchorage to historic fabric 2 8
Submit and coordinate with DHR 2 1
Revisions and construction documents per DHR Req. 1 8 1
HARC submittals and pennitting assistance 3 2
Bidding support, including prebid meeting. 4 2
Construction phase site visits and reports (4) 8 8 2
Shop drawings and review of submittals 2 2 1
Project close out includes report to DHR 1 1
Total Hours 28 39 10
$/hour $180 $140 $100 $80
Labor cost $5,040 $5,460 $800
Atlantic Engineering Labor Cost N/A
HNGS Labor Cost N/A
Total B&A Labor Cost $11,300
Based on the above analysis, we propose to provide the required services for a lump sum fee of$II,300.
Alternately, we will provide the required services on an hourly basis to a maximum of$12,000. There are
no reimbursable expenses associated with this contract.
Please call if you have any questions, or if the above does not reflect the required services.
Sincerely,
e)~--
Bert L. Bender, Architect
4JO Angela Street
Kev \\.'est. Florida 33040
Teiephone <.,05) 296-1347
Fa c s j In i Ie ( .-) 0 5) 2 96- 2 72 7
F/oridaLicellse AA CO 02 022
www. BenderArch itects. COlll
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