05/19/2010 Agreement
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 ARCHITECT/ENGINEER
For
REMODEL AND UPDATE RESTROOMS TO ADA COMPLIANCE
At
EAST MARTELLO TOWERS
3501 S. ROOSEVELT BLVD, KEY WEST FL 33040
THIS CONTRACT made as of the 19th day of May, 2010, FOR PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECT (the "'Contract" or "Agreelnent") 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 Hoec 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 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.
s. Scope of Work: Drawings and Technical Specifications were completed by the Architect in
2004. The Architect will provide Contract Administration Services and modify the Drawings and
Technical Specifications that were previous completed, to comply with current codes. The Men and
Women's restrooms will be remodeled and updated to meet ADA requirements, as much as is feasible in
this Historic Structure. The plumbing and fixtures will be replaced. Interior walls, as well as entry doors
and openings will be constructed. Individual tasks along with a required time schedule are attached
hereto as Exhibit "A".
6. Services shall include, but not be limited to: Revise current design to comply with current ADA
requirements, as much as is feasible with this Historic Structure, and current building codes. 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 $7,600.00, billed montWy ending the
last day of each month. There shall be no reimbursable expenses associated with this contract.
8. All other terms and conditions of this Contract shall comply with the Continuing Contract dated
January 26, 2010, which shall be made a part of this contract as if written herein in its entirety.
l~t~~~.$S' ,WHEREOF, each party caused this Agreement to be executed by its duly authorized
/~~~S~he day and year first above written.
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: ~
Mayor/Chairman
Date: MAY 1 9 2010
BENDER & ASSOCIATES ARCHITECTS, P.A.
By:
Print Name of Corporate Agent
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Date: · v/ ~I
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"Exhibit A"
April 20, 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: East Martello ADA Compliant Restrooms
Dear Jerry:
Thank you for asking us to provide contract administration services for the ADA restroom upgrades at East Martello. As
discussed, we will modify the documents prepared by us under a previous continuing services contract, our Job Number
0233, dated 2/16/04, to reflect code changes and the current scope. ADA compliant bathroom renovations that were a
part of the original scope will be constructed at this time. I anticipate the following tasks and fees will be required.
Project Manaler Project Admin. Assistant
Task Description Architect
Code Check, Revise Documents (2 days) 2 14
Prepare Bid Documents, Coordination 0.5 3
Pre-Bid Meeting 2
Bid Evaluation, Recommendation 2 3
Pre-Construction Meeting 2
Shop Drawing Review Submittals 1 4
Site Visits, Field log (4 @ 4 hours + support 8 8 2
Project Closeout 0.5 1
Total Hours 18 26 9
$/hour $180 $140 $80
labor cost $3,240 $3,640 $720
TOTAL $7,600
I propose to provide the required services for a lump sum fee of $7,600. There will be no professional fee added for the
use of our documents since we will be providing the contract administration services.
Please call if I have misunderstood the scope or if you need any modifications.
Sincerely,
h.'&....---
- .w_.. ~y I ., , ., ,
Bert L. Bender, Architect
'~lO AnKcla Str~cl
Key West, t'loriua ,ij040
Tel ~ Il h 0 n e Li () S) 196. I.i 4 7
racsirnile (.iUS) !.96-!.7l7
Flor i dill let""."'! ;1:1 (~'(}()2()22
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