05/19/2010 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
May 20,2010
TO:
Jerry Barnett, Director
Project Management
ATTN:
FROM:
Ann Riger
Contracts Administrator
Pamela G. Hanc(;j;:c.
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 ARCHITECT/ENGINEER
For
EAST MARTELLO TOWERS MASONRY RESTORATION
At
EAST MARTELLO TOWERS
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
("BOeC"), 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), or
for a study activity if the fee for professional services for each individual study does not exceed Two
Hundred Thousand Dollars ($200,000.00). All terms and conditions of the continuing contract approved
by the Boec 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, speci fications, 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 purpose 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 injunctive 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.
5. Scope of Work: Architect to prepare a structural analysis of the brick and mortar structure. This
scope of work includes Phase I and Phase II of the project. Phase I shall include the analysis and is to
include recommendation for the repair and stabilization of the brick structure. Architect shall provide all
documents for building and construction/repair of brick. Phase II of this scope of work includes
Construction Administration for brick repair and re-pointing. Architect to provide Construction
Documents and Contract Administration. Individual tasks along with a time schedule are attached as
Exhibit "A".
6. Services shall include, but not be limited to: Preparation of contract documents for bids,
preparation and advertisement for Request for Bids, tabulation and review of bids, recommendation of
contract awards, cost estimating, administration of contract documents, consultation and on-site
inspections during construction, review and recommend approval of contractor invoices, preparation and
submittal of permit applications.
7. The cost for professional services shall be a lump sum of $20,000, billed monthly ending the last
day of each month. There shall be no reimbursable expenses associated with this contract.
8. All other terms and conditions of this Contract shall comply with the Continuing Contract dated
Janu8!)' 26, 2010, which shall be made a part of this contract as if written herein in its entirety.
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r .:/'""~IN'WrTNESS WHEREOF, each party caused this Agreement to be executed by its duly authorized
. "'representative on the day and year first above written.
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Ktfi$t:":DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: ~
Mayor/Chairman
Date:_MAY 1 9 2010
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Deputy Clerk
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WITNESS TO Architect's Signature:
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Signature of Corporate Agent
Bert Bender
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Print Name of Corporate Agent
Date: 4/29/2010
"Exhibit A"
Bender &Associates
AIC 1[ T E CT S p.a.
April 28, 2010
Mr.Jerry Barnett, Director of Project Management
Monroe County Construction Mgmt.
The Historic Gato Cigar Factory
1100 Simonton Street
Key West, FL 33040
RE: Historic Masonry Restoration
East Martello
Dear Jerry:
Thank you for asking us to work with you on historic brick and mortar repairs at East Martello. Your
request for services proposal states:
There is also an approval for$50k for this year and again next year for brick and mortar
restoration at the East Martello (a separate approval for the same thing at the West
Martello). We will be applying again in two years for a continuation of the $50k per year
until we have reached$750k for the East and$450k for the West Martello.
The first year's money($50k) is for both a study with recommendations and to start the
actual work. The second year is for a continuation of the work. The plan will be
duplicated for each Martello ($50k per year).
I have interpreted this to mean $100,000 total each year. The following fee breaks down our time on a
line item basis:
410 Angela Street
Key West, Florida 33040
Telephone (305) 296-1347
Farcimile (30;) 296-2727
Florida License AAC002022
www.tienderArchitects.coin
Historic Masonry Restoration East Martello
AprIl ZI, 2010
Page Z of Z
Project Manaser Project Admin. AssIstant
Task Description Architect
Field assessment & documents East Martello 6 12
Report of findings & recommendations 4 4
Construction documents 4 sheets @ 20 hours 4 76
Specifications 4 4
Bidding support 2 .5
Contract administrations
6 weeks @ 4 hours/week. 9 9 6
Project aoseout .5
Total Hours 29 97 15
S/hour $180 $140 $80
Labor cost $5,220 $13,580 $1,200
TOTAL $20,000
Based on the above, I propose a lump sum total fee of $20,000. This allows $30,000 for brick re-pointing. For the
second year funding, we will reuse the construction documents and simply revise them to describe the new scope.
Therefore, the majority of our time in future years will be for contract administration and inspection during
construction.
I trust this proposal win meet with your approval. Please call if you have any questions or if I have misinterpreted your
request.
Sincerely,
;b~
Bert l. Bender, Architect
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