Task Order 07/21/2010
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
July 26,2010
TO:
Dent Pierce, Director
Public Works Division
A TTN:
FROM:
Beth Leto, Assistant Director
Public Works Division
Pamela G. Hanco~
At the July 21, 2010, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Amendment to Agreement with Stand Up for Animals, Inc. (SUF A) to operate the Big
Pine Key and Marathon Animal Shelters for an additional ninety (90) days.
ITask Order PW-MAC-OOI with MACTEC Engineering and Consulting, Inc. for
providing facility asset management products and services to assist Public Works with
implementation of an engineering-based, IT-enable facility management program.
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: Coun~y Attorney
F inanc:e
File.J
MONROE COUNTY
CONTRACT FOR ON CALL PROFESSIONAL ENGINEERING SERVICES
TASK ORDER NUMBER PW-MAC-001
This Task Order made and entered into this 21 day of July, 2010, by and between
Monroe COUNTY hereinafter referred to as the "COUNTY", through the Monroe
COUNTY Board of COUNTY Commissioners (BOCC), the Owner and MACTEC Engineering
and Consulting, Inc., hereinafter referred to as "CONSULTANT", is predicated upon the
Contract for On Call Professional Engineering Services made and entered into the lih
day of February, 2010 by and between the COUNTY and CONSULTANT.
All the terms and conditions of the referenced Contract for On Call Professional
Engineering Services apply to this Task Order, unless changed by completion of the
following contract paragraphs. Any additions/deletions/changes to those contract
requirements, as identified as such, override the contract requirement, which is
permitted by the contact language.
Contract
Para. No.
Chane:e. Title and Description
2.1.1
Add Para. 2.1.1.E.1, Scope of Services
2.1.1.E.1
Scope of Services
CONSULTANT will furnish the personnel, services, equipment, materials, and
other requirements necessary for providing facility asset management products
and services to enable the COUNTY to begin to implement an engineering-based
IT-enabled facility asset management program. The scope of services to be
provided under this task order is described below.
1.1 Project Kick Off Meeting
Following CONSULTANT receipt of contract documents authorizing the work,
CONSULTANT will coordinate with the COUNTY to schedule and conduct a kick-
off meeting with key COUNTY staff and two CONSULTANT staff assigned to this
project. The purpose of the meeting will be to confirm that both the
CONSULTANT project team and the COUNTY clearly understand the scope and
schedule to perform the work, project constraints, project risks, and that the
COUNTY's expectations of the results of the work are aligned with
Task Order PW-MAC-OOI
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CONSULTANT's understanding of its performance requirements. CONSULTANT
will prepare and distribute meeting minutes via e-mail. The meeting is estimated
to last approximately one half day and is to be held at the Marathon
Government Center in Marathon.
During the kick-off meeting, the following will also be accomplished:
· Introduce members of CONSULTANT project team to key COUNTY staff
· Identify the primary Point of Contact for both CONSULTANT and the
COUNTY
· Establish the desired chain of communication
· Determine site access restrictions and escort/security requirements
· Identify known schedule constraints
· Discuss safety issues
· Verify invoicing schedule and format
1.2 Vertex License
CONSULTANT will provide the COUNTY with an enterprise license of Vertex. The
license shall be limited for use by unlimited concurrent COUNTY users or its
approved vendors, for the management of data associated with buildings owned
by the COUNTY that total no more than 1.0 million square feet of gross building
area. In the future, should the COUNTY desire to extend the limitation of its
Vertex license to be able to manage data for more than 1 million square feet of
its buildings, then additional license fees would be required. The Vertex Software
End-User License Agreement is made part of, and is provided as Attachment "A"
to, this Task Order.
1.3 Software Maintenance
Vertex maintenance services are provided under a Software Maintenance
Support Agreement. Software maintenance entitles the COUNTY to receive
Vertex product upgrades as they are commercially released. Product upgrades
include software corrections and product functional enhancements, which may
include ease-of-use, functionality and/or technology advancements. The
Software Maintenance Support Agreement also provides client access to
CONSULTANT'S Help Desk. The Software Maintenance Support Agreement is
made part of, and is included as Attachment "B" to, this task order.
Task Order PW-MAC-OOl
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1.4 Software Installation Support
COUNTY will host Vertex within its own IT infrastructure. One of CONSULTANT's
Senior Software Engineers will provide consulting assistance via telephone and
internet to assist COUNTY staff in installing and configuring Vertex on the
COUNTY's IT infrastructure. Prior to the installation, CONSULTANT will consult
with COUNTY staff and make recommendations on server configuration,
memory and data storage sizing, and communications settings to properly install
Vertex in the COUNTY's environment. Fees for the installation support will be
charged on a time and materials basis. For budget planning purposes,
CONSULTANT has estimated that software installation support should require no
more than 8 hours of CONSULTANT's support. Software installation support
does not include any site visits to the COUNTY's IT operations or travel expenses.
1.5 Start-Up Vertex Software Training
Training will be provided for Vertex users primarily involved in data entry and
"super users" involved in data analysis, interpretation and reporting.
CONSULTANT will provide one (1) day of data entry training and two (2) days of
data management and analysis training.
Training will be conducted for no more than 10 individuals at one time. The
COUNTY will be responsible for providing sufficient computer equipment,
Internet access and training facilities. The training shall be conducted at the
Marathon Government Center in Marathon, Florida. Workbooks and user guides
shall be provided on the first day of this training.
1.6 Data Collection Training
Selected COUNTY on-site maintenance staff shall be trained on how to collect
data to support the Vertex data management methodology. Consultant
approach to training COUNTY staff in collecting data for input into Vertex
includes a combination of classroom instruction combined with on-the-job field
training.
CONSULTANT will conduct data collection training in a classroom setting for one
day, immediately prior to mobilizing to the field to begin the Facility Condition
Task Order PW-MAC-OOl
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Assessment. In the classroom setting, training is to be focused on data collection
methods, data recording, and a review of the defects and distresses defined for
condition assessments. Individual training manuals, defect catalogs and field
forms will be provided on the first day of training. The remaining days on site
will include "on-the-job- training", putting classroom training to practice.
Based on the limited number of facilities included in the FCA scope, and budget
constraints, CONSULTANT will provide at least two CONSULTANT staff to
perform the onsite inventory and condition assessment work. CONSULTANT
understands that the COUNTY will assign two members of its maintenance staff
from each of the three Keys Areas (upper, middle, and lower), plus two staff
involved with COUNTY corrections facilities, plus two management staff for a
total of ten (10) individuals to work with CONSULTANT's assessors during the
course of the project. COUNTY trainees will observe CONSULTANT's fieldwork,
and may directly participate in documenting the asset inventory and condition
assessment, working with CONSULTANT staff in a "team" effort.
1.7 Facility Condition Assessment
CONSULTANT will inventory and quantify readily accessible facility sub-elements
that comprise the as-built construction of selected facility sub-elements at each
facility included in the work scope and will visually assess the inventoried assets
to derive a Condition Index (CI) and estimated Remaining Service Life (RSL).
Table 1 lists the buildings included in the Scope of Work. Data collected will be
populated into and evaluated, using Vertex@; a commercially available software
program based on Engineered Management System (EMS) principles.
IArea (Key IAddress IBuilding Name I Floors I Area (SF)I
Lower Il(ey West 500 Whitehead Street Courthouse-Key West 2 28,592
Lower I<ey West 5501 College Road, Stock Island ~tention Center Monroe County 3 183,500
Lower I<ey West 1100 Simonton St Gato Building 2 37,701
Lower I<ey West 1200 Truman Avenue Harvey Government Center 2 25,500
Lower I<ey West Not PrOl,;ded Freeman Justice Center 3 71,459
Middle Marathon 2798 Overseas Highway Marathon Government Center/EOC 2 21,568
Upper I<ey Largo 102050 Overseas Highway M. E. Nelson Government & Cultural Center 2 32,000
Upper Tavernier 50 High Point Road Roth Building 1 38,829
Total Building Area (GSF): 439,149
Table 1- Buildings Included in the FCA Scope
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Consultant services will include a review of the construction documents that are
readily available on site or provided in advance of Consultant site visits, and
discussions with individuals knowledgeable regarding the construction and
maintenance history of the facilities. Consultant findings will be described in a
brief narrative report with back-up data produced from Vertex. AS-year
Maintenance, Repair and Replacement (MR&R) budget estimate will be provided
as part of the report. The report will identify recommended actions for each
building sub-element included in the survey along with estimated costs to carry
out the action.
The following summarizes the scope of services, and the assumptions used in
developing the fee and schedule for conducting the Facility Condition
Assessment.
1.7.1 Background Data Review
Prior to beginning the field data collection efforts, CONSULTANT will review
relevant background information regarding the project. Information that is
useful in describing the facility asset history typically includes, but may not be
limited to:
.
Building plans and specifications
Asset physical data (area, construction phases, type, age, etc.)
Current warranty information
Major repair, replacement or retrofit project data
Reports of previous facility investigations
Data regarding recent costs for asset replacements
Current facility problems or concerns
Known defects in facility components (roof leaks, replacement
schedule, etc.)
Current-year planned maintenance projects
.
.
.
.
.
.
.
.
Readily available existing data shall be provided to Consultant for review as soon
as possible after the project begins, and before CONSULTANT begins the field
portion of the work. Data that is available in electronic format shall be provided
to the CONSULTANT prior to mobilization. To minimize delays while on site,
documentation that is only available in hard copy shall be gathered together and
made available for Consultant review immediately after Consultant mobilization
Task Order PW-MAC-OOl
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to the site. CONSULTANT shall be able to retain such documents until the
completion of the project or have copies of relevant documents made available
for Consultant use.
1.7.2 Inventory of Building Sub-Elements
For the buildings included in the FCA scope, document reviews will be followed
by "walk-throughs" of the property by CONSULTANT assessors and COUNTY
assessor- trainees. The FCA will be limited to the inventory of building sub-
elements which are grouped in the Uniformat " Group Elements and Sub-
Elements listed below.
B20 - EXTERIOR ENCLOSURE
This system consists of the exterior facing of the facility, which
includes vertical and horizontal exterior closure such as exterior
walls, exterior windows, and exterior doors. CONSULTANT will
include any loading docks, which make up the exterior wall
system. Loading Docks will be included as part of UNIFORMAT "
Category E-1030.
B30 - ROOFING
This system includes roof coverings and insulation, expansion
joints, together with skylights, hatches, ventilators, and required
trim.
C30 - INTERIOR FINISHES
This system includes wall finishes, floor finishes, and ceiling
finishes.
010 - CONVEYING
This system includes elevators, escalators, conveyors, chutes, and
other conveying equipment.
020 - PLUMBING
This system includes plumbing fixtures, domestic water
distribution, water supply, sanitary wastes systems, rain water
drainage systems and other special piping systems and equipment
within the building.
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D30 - HVAC
This system includes equipment, distribution systems, and energy
supply systems required by the heating, ventilating, and air
conditioning systems.
D40 - FIRE PROTECTION
This system includes standard and special fire protection systems.
D50 - ELECTRICAL
This system provides for electrical devices that are required to
deliver the main source of power to the facility and to distribute
this power to sub panels and includes lighting systems including
light fixtures and devices.
The FCA specifically excludes the inventory or assessment of building sub-
elements, which are grouped in the Uniformat II categories of Al0 Foundations,
A20 Basements, Bl0 Superstructure, Cl0 Interior Construction, and C20 Stairs.
These sub-elements are excluded because they either do not exist in the
buildings included in the scope (Le. Basements), or they are not accessible for
visual observation without destructive techniques. The condition index of the
sub-elements in these categories typically follow their design life curve based on
the asset age, and as such, these sub-elements rarely contribute to deferred
maintenance costs for a facility. If, during on-site work CONSULTANT observes
significant and obvious indications of distress to sub-elements in these
categories, CONSULTANT will notify the COUNTY of Consultant observations.
Because Consultant assessment does not include testing, and based on the
limitations of assessing the "condition" of sub-elements that include electronic
components, computer hardware and software, inventory and assessment
specifically excludes sub-elements included as part of D3060 HVAC Controls and
Instrumentation, D5030 Communications and Security, and D509006 Energy
Management Control Systems.
In addition, Consultant assessment is focused on real property elements (versus
chattel) that are used in the permanent construction of the buildings, and as
such, Consultant scope specifically excludes the inventory or assessment of sub-
elements categorized in Uniformat II Major Group Elements of E-Equipment and
Furnishings, F-Special Construction and Demolition, and G- Building Sitework.
Task Order PW-MAC-OOI
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1. 7.3 Asset Segmentation
Building sub-elements included in the inventory will be segmented (divided into
sections) based on the homogeneity of material type, age of construction,
functional use, or along natural boundaries. Some judgment is necessary in cases
where Ilike assets' are identical or segmented into very small areas. Identical or
small assets or sections may be combined where practical and when such assets
are typically grouped to make repair and replacement decisions.
1.7.4 Documenting the Inventory
Oata describing the inventory of each segmented building element will be
recorded on field forms. Attributes for each building component are pre-defined
and stored in the Vertex asset catalog. The facility inspector selects appropriate
asset attributes from a standardized list defined specifically for each building
category. This capability allows Vertex to automatically link a current
replacement value (CRV) and design life (OL) with each asset included in the
inventory, eliminating the variation of data from subjective opinions of field
surveyors.
1.7.5 Condition Assessment of Sub-Elements Inventoried On Site
At the same time the inventory is being documented, observations will be made
to locate obvious problems and visible defects in the materials and building
systems in an effort to assess the physical and operational condition of
inventoried assets.
For sub-elements, which are readily accessible for visual observation and are
part of UNIFORMAT categories B20, B30, 030 and El030, CONSULTANT will
record the individual distresses that are readily apparent, including information
describing the type, quantity and severity of the distress.
For UNIFORMAT categories C30, 010, 020, 040 and 050, CONSULTANT will
conduct a "General Assessment" based on Consultant observations, and on the
known or estimated age of the sub-elements. For sub elements that are
assessed on a general level, CONSULTANT will record an estimated Remaining
Service Life (RSL), which will in turn be used to calculate a Condition Index.
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For sub-elements, which are not readily accessible, hidden from view, or for
which major operating components are internal to the sub-element,
CONSULTANT will assess condition using Age-Based assessment techniques.
Unless otherwise modified, the CI is predicted based on the age of the asset and
assumes the performance life of the asset is equal to its design life.
1.7.6 Data Population and Analysis
Data collected during the FCA will be returned to CONSULTANT's office in
Kennesaw, Georgia for population into Vertex. Prior to delivering the forms for
data entry, assessment teams will review the forms completed in the field for
completeness. Forms that are incomplete or illegible will be returned to the
appropriate assessor for correction.
After review in the field, CONSULTANT will enter data from completed field
forms into Vertex. CONSULTANT will review and compare the output from the
Vertex database against paper field forms to catch data entry errors, and make
data entry modifications as required to assure quality control.
Once the inventory and assessment data is populated, CONSULTANT will use
Vertex to calculate a Condition Index for each sub-element included in the
inventory. The CI is a numerical score from 1 to 100. Based on the design life of
the particular asset, the calculated CI determines the remaining useful service
life (in years) for the asset. Cis will then be rolled up using dollar weighted
averaging to generate a Facility Condition Index (FCI) at the facility level.
After Cis are calculated, CONSULTANT will analyze the data and prepare budget
estimates for recommended alternatives of maintenance, repair, and
replacement (MR&R) of assets. The financial analyses will be generated from
queries established in a "decision matrix" which model COUNTY decision-making
standards and asset management strategies. CONSULTANT will interview key
COUNTY staff to obtain information necessary to establish the baseline decision-
matrix settings used in Consultant analyses.
CONSULTANT will run the financial analyses over a five-year study period. The
results of the analyses provide projected costs per asset, per year, segmented by
activity. Activities typically include maintenance, repair, replacement, and other
Task Order PW -MAC-DO 1
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recurring costs that may be defined as part of the analysis set-up. Recurring
costs may be applied at various frequencies, and will be determined based on
Consultant interviews with the COUNTY.
CONSULTANT will work with the COUNTY to establish metrics to prioritize work
based on financial and non-financial attributes. Prioritization is calculated from
numerical metrics stored in the database using the principles of Analytical
Hierarchy Processing (AHP). AHP is an ASTM standard technique of comparing
the priority of a range of assets with many attributes by comparing the
desirability of one attribute over another, a pair at a time.
1.7.7 Reporting
Upon completing the facility condition analysis, CONSULTANT will prepare a
report of findings. The report will include an executive summary and
recommendations for maintenance, repair and replacement over the analysis
study period. The report will also include standard Vertex report outputs such
as:
· Sub-element inventory for each building
· Facility condition and remaining useful life forecast
· A 5 Year budget estimate for each building for Maintenance, Repair
and Replacement (MR&R) of sub-elements included in the inventory.
· Recapitalization plan for capital forecasting
· A description of the settings used in Consultant decision matrix used
to analyze the data.
· Work Activity Group (WAG) Summary report.
· WAG Detail report
CONSULTANT will deliver a draft copy of the report for COUNTY's review prior to
providing a final report. Consultant draft report and supporting data will be
provided electronically via e-mail. For the final report, CONSULTANT will deliver
one printed hard copy, one copy electronically via e-mail and one copy on CD.
Consultant report narrative will be prepared in Microsoft Word. Report output
from Vertex will be provided in .pdf file format. Where appropriate,
CONSULTANT will export data from Vertex and provide to the COUNTY in Excel
file format as part of the report backup for the COUNTY's internal use.
Task Order PW-MAC-OOl
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1.7.8 Project Review and Out Brief Meeting
After the COUNTY has had an opportunity to review the report deliverables,
CONSULTANT will lead a half-day meeting with key COUNTY staff to review the
means, methods, findings and conclusions of the FCA project. The meeting will
begin with an executive level briefing of the findings of the FCA, and a review of
the report deliverables. Following the briefing, the meeting will include
discussion regarding the means and methods used to conduct the work.
CONSULTANT will invite COUNTY staff who participated in the data collection
effort to discuss their experience in the project, and provide feedback regarding
the applicability of the knowledge-based FCA process to the COUNTY's current
asset management program. The meeting will include discussion of varying
topics regarding the overall applicability of a knowledge based FCA within the
COUNTY's current asset management approach, positives and negative lessons
learned from the project, and discussion for next steps in the implementation of
the COUNTY's Facility Asset Management Program.
The meeting will include a demonstration of Vertex using the COUNTY's data,
and a review of how the financial analyses were run. The meeting will be led by
CONSULTANT's Project Manager and a Senior Software Engineer involved in the
data analysis and reporting.
The Project Review and Out Brief Meeting will be held at the Marathon
Government Center in Marathon, Florida. CONSULTANT will rely on the COUNTY
to invite staff deemed appropriate to attend, and to arrange for necessary
meeting space and audiovisual equipment.
2.0 Scope Qualifications and Exclusions
Facility Condition Assessments are preliminary reviews to identify readily
apparent problems and general costs; they are not intended to be a detailed
analysis of each system. Although a "standard of care" is exhibited by trained
professionals, with this type of preliminary review it is possible that conditions
will exist which will affect the value and/or performance of the facility but which
will not be discovered by the assessment.
Task Order PW-MAC-OOI
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The scope of services, unless specifically addressed in this task order, does not
include any construction or construction management activities to address any
findings, or obtaining and testing materials, or performing detailed engineering
calculations to determine the capacity or adequacy of the existing design. The
scope specifically excludes the dismantling or removal of casings, housings,
insulation and other enclosures to visually assess building substrates, structural
connections, or fasteners. The scope of services does not include entering into
building attics or crawl spaces.
Assets included in CONSULTANT inventory will be selected from a pre-defined
catalog of building sub-elements stored in Vertex. The inventory will include
building and site sub-elements categorized at Uniformat II Level 4 detail. Assets
currently defined in the Vertex catalog include additional "attribute" data that is
required to more specifically describe a building sub-element relative to either
its Current Replacement Value (CRV) or its expected Design Life (DL). The
attribute data typically describes the asset material, size, capacity, or
configuration.
For electrical systems included in the scope of the assessment, the intent is to
inventory only the major system components and lighting fixtures that are
readily accessible. It is not intended to include a review of or documentation of
utility costs and energy use.
Since no specific information regarding building roofs has been provided at the
time of preparing this task order, it either is possible that some of the roofs
included in the survey may be on buildings higher than two stories, are on
buildings with steep slopes, or are constructed of slate tiles. CONSULTANT shall
be provided access to physically walk over all buildings with low-slope or flat
roofs. CONSULTANT does not intend to walk over roof sections constructed of
slate or concrete tiles, or on roof sections with slopes above 5 in 12. For roof
sections of which CONSULTANT does not walk over, CONSULTANT intends to
utilize binoculars to examine the section for defects and distresses.
CONSULTANT intends to work from flat roof areas that provide reasonable visual
access to the steep slope roof sections. For roof sections where gaining access
is not practical or cannot be achieved without additional equipment, such as
man lifts, then CONSULTANT observations will be made from ground level.
Task Order PW-MAC-OOl
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This is a non-destructive survey only and specifically excludes any material
testing or other investigative techniques such as moisture surveys, water
intrusion testing, adhesion or cohesion testing, load testing, air balancing,
thermography, eddy current tests, voltage and current measurements, etc.
Testing to determine the presence of asbestos, radon, lead-based paint, or other
potentially hazardous materials is specifically excluded from the scope of
services.
3.0 Implementation Schedule
CONSULTANT will contact the COUNTY and begin discussion to schedule the
Kick-Off Meeting upon receipt of a Task Order authorizing the work.
CONSULTANT will also begin work to assist the COUNTY in installing Vertex on
COUNTY equipment.
CONSULTANT plans to mobilize to the site to conduct the FCA approximately one
week after background documentation has been provided for review.
CONSULTANT will coordinate the work on site with the one-day classroom
training for data collection.
CONSULTANT anticipates being on site approximately seven working days
following the training class to conduct the FCA. Data entry, data review and data
analysis can typically be completed within two weeks of completing the field
portion of the FCA. CONSULTANT anticipates being able to deliver the draft
report deliverables approximately two weeks later, or approximately one month
after completing the field work.
CONSULTANT will coordinate with the COUNTY to determine a schedule for the
Vertex start-up training that is mutually acceptable to both parties. The training
shall be conducted after the FCA has been completed, so that COUNTY staff can
use their own data during the training sessions.
2.3
Notice Reauirements - Change Para. 2.3 per the following:
2.3.1 All written correspondence to the COUNTY shall be dated and signed by
an authorized representative of the CONSULTANT. Any notice. required or
permitted under this agreement shall be in writing and hand delivered or mailed,
postage prepaid, to the COUNTY by certified mail, return receipt requested, to
the following:
Task Order PW -MAC-OO 1
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Mr. Bob Stone
Monroe County Public Works
1600 Aviation Blvd.
Marathon, Florida 33050
And
Mr. Roman Gastesi, Jr.
COUNTY Administrator
1100 Simonton Street
Key West, Florida 33040
For the Consultant:
Mr. William J. Faesenmeier
MACTEC Engineering and Consulting, Inc.
Senior Principal Professional
Director of Operations
2015 Vaughn Road
Bldg. 300, Suite 300
Kennesaw, Georgia 30144
And
Dana Pollitt
MACTEC Engineering and Consulting, Inc.
3100 Overseas Highway
Marathon, Florida 33050
ARTICLE IV COUNTY'S RESPONSIBILITIES - Add Para. 4.8
4.8 COUNTY management or the on-site maintenance staff assigned to the
project shall make necessary arrangements to provide CONSULTANT assessors
with access to all areas of the buildings included in the scope of work. If
possible, CONSULTANT prefers that the COUNTY maintenance staff assigned to
be trained by CONSULTANT's assessors have keys to each building to provide
access and to minimize on site delays.
If readily available, the COUNTY shall assemble the as-built documentation of
buildings included in the scope and provide to CONSULTANT for review prior to
mobilizing to the site.
Task Order PW-MAC-OOl
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The task order assumes that CONSULTANT will walk over low-sloped building
roofs where access is readily available. CONSULTANT will rely on the COUNTY to
provide ladders of appropriate size and capacity to gain access to building
rooftops.
7.1
PAYMENT SUM - Change Para. 7.1.1 per the following:
7.1.1 With the exception of the software installation support services included
in this task order, fees for the products and services described above will be
invoiced on a percentage of completion Lump Sum basis, and total $87,500. The
fee includes all labor and expenses, which can reasonably be anticipated to
complete the scope of services as stated, and includes travel costs and
expendable supplies. There will be no reimbursable expenses. The software
installation support services will be invoiced on a time and material basis for a
Senior Software Engineer and will be based on rates negotiated and agreed upon
and shown in Exhibit B of the Contract. Fees for the software installation support
services are not to exceed $2,500.
Fee Schedule
Services CharRed as Lump Sum
$87.500
Vertex License (one time fee) ....................................................................................................$ 20,000
· Limited to the management of 1.0 million square feet of COUNTY
bUildings
Annual Software Maintenance Support ................................................................................... $ 4,000
· Based on license limitation of 1.0 million square feet of COUNTY
buildings
Data Collection Classroom Training .................................................................... ...................... $ 3,500
· Includes one day classroom training plus associated expenses
Faci I ity Condition Assessment... ................................... ............ ........................................... ..... $ 53,500
· Includes the inventory, assessment, data population, analysis,
review and reporting for eight(8) buildings, totaling approximately
440,000 SF
· Includes "On-the-Job" training of selected COUNTY maintenance
staff during the performance of the FCA
Task Order PW-MAC-OOl
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Vertex Start-Up Softwa re Train ing........................................ ...................................................... $ 6,500
· Includes three days on-site training and associated expenses
Services Char~ed as Time and Materials (estimated fees) $1.396
Softwa re I nsta lIation Support ..... ................ ............................ .......................... ......................... $ 1,396
· Includes estimate of 8 hours Senior Software Engineer support.
· Anticipates no on-site work and no travel expenses
TOTAL
$88.896
CONSULTANT will invoice the COUNTY on a monthly basis. CONSULTANT
invoices will reflect the value of the services delivered in the previous month.
Fees for the Vertex license and annual software maintenance will be charged
upon successful software installation and the County having full access and use
of all elements of the Vertex software. Login and password information will be
provided to a COUNTY point of contact assigned as the Vertex software
administrator. Upon the COUNTY's receipt of an acceptable and approved
invoice, CONSULTANT invoices are due and payable within 30 days.
The terms and conditions of the executed Contract for On Call Professional Engineering
Services as approved by the Monroe County Board of County Commissioners on
February 17, 2010 shall apply to this Task Order, except to the extent expressly modified
above.
Task Order PW-MAC-OOl
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IN WITNESS WHEREOF, each party caused this Task Order to be executed by its duly
authorized representative on the day and year first above written.
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Task Order PW -MAC-OO 1
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ATTACHMENT "A"
SOFTWARE END USER LICENSE AGREEMENT
"Vertex@"
This Software End User License Agreement ("Agreement") is between MACTEC Engineering and
Consulting, Inc., a Delaware corporation, ("Licensor") with offices at 2015 Vaughn Road, Building 300,
Suite 300, Kennesaw, Georgia 30144 and Monroe County with offices at 1100 Simonton Street, Key West,
Florida 33040, (hereafter "Licensee") and is effective the 21 day of July, 2010 ("Effective Date").
1. Grant of License. Licensor hereby grants to Licensee a personal, non-exclusive, nontransferable, limited
license ("License") to install and use the product named above and its accompanying documentation
(collectively, the "Software") in object code form solely in accordance with the terms ofthis Agreement,
including the restrictions set forth in Section 2 below. Licensee may make one copy of the Software for
archival and backup pUIJloses. Licensee must reproduce and include any copyright and trademark notices,
legends and logos on each copy of the Software or diskettes made by Licensee.
2. Limitations of License. Installation and use of the Software is specifically subject to the following
restrictions and limitations:
a. The rights granted herein are specifically negotiated license rights.
b. The License is limited to the processing of data associated with selected building and site
infrastructure sub-elements ("Sub-elements") which are (i) available in the Classification Catalog
Manager of the Software, as of the Effective Date, and (ii) included in the Group Elements listed
below, as defined by, and set forth in, UNIFORMAT II, ASTM E-1557-05:
i. AIO - Foundations
ii. A20 - Basement Construction
iii. BIO - Superstructure
iv. B20 - Exterior Enclosure
v. B30 - Roofing
vi. C I 0 - Interior Construction
vii. C20 - Stairs
viii. C30 - Interior Finishes
ix. D 10 - Conveying
x. D20 - Plumbing
xi. 030 - HV AC
xii. 040 - Fire Protection
xiii. D50 - Electrical
xiv. E I 0 - Equipment
xv. G20 - Site Improvements
XVI. G30 - Site Mechanical Utilities
xvii. G40 - Site Electrical Utilities
c. The Software may be used to store and manage data regarding Sub-elements at physical locations
containing buildings that are owned or managed by Licensee, and whose combined gross floor area
does not exceed 1.0 million square feet.
d. The Software may be installed on one or more servers at one or more locations of Licensee.
e. Licensee is authorized to access the Software by means of a restricted web site that is hosted by
Licensee.
3. Termination. This License Agreement may be terminated at any time by Licensor immediately and without
notice upon any breach by Licensee. Upon termination, Licensee shall certify in writing that all copies of the
Software have been destroyed and all copies erased from the memory of Licensee's computers.
4. Proprietary Rights. Licensee acknowledges that the Software is the sole and exclusive property of
Licensor. By accepting this license, Licensee does not become the owner of the Software, but only has the
Jright to use the Software, as outlined in and limited by this Agreement. The Software is protected by
copyright laws, international copyright treaties, and other laws regarding trade secrets and other intellectual
property rights. Title and full ownership rights to the Software and any and all copies of the Software
remain with Licensor.
5. Other Restrictions and Limitations. Licensee agrees that (I) it will not copy the Software except as
permitted in Section 1; (2) it will not reproduce, deactivate, or bypass any security device supplied with the
Task Order PW-MAC-OOl
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Software; (3) it will preserve and respect Licensor's copyright and the notice of copyright included in the
Software; (4) the Software contains valuable, confidential, unpublished information and trade secrets
developed or acquired by Licensor and may contain information, components or other software applications
that are proprietary to a third party, which Licensor has been authorized to sublicense, and Licensee will not
disclose or transfer or otherwise provide to any third party all or any part of the Software without the express
written consent of Licensor; (5) it will not disassemble, reverse compile or reverse engineer the Software or
any portion thereof or otherwise attempt to discover the source code or structural framework of the Software;
(6) it will not rent or lease the Software nor use the Software in a service bureau or time sharing environment;
and (7) it will not modify the Software.
6. Disclaimer of Warranties. NO WARRANTIES, EXPRESS OR IMPLIED ARE MADE WITH
RESPECT TO THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL
OTHER WARRANTIES ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED. SOME STATES
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO TIDS EXCLUSION MAY
NOT APPLY TO LICENSEE.
7. Liability. Licensee agrees that, regardless of the form of any claim, Licensor's liability for any damages or
loss to Licensee or any party shall not exceed the license fee paid for the Software.
IN NO EVENT SHALL LICENSOR BE LIABLE TO LICENSEE FOR ANY INCIDENTAL, SPECIAL,
PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF EITHER LICENSEE OR A THIRD
PARTY AGAINST LICENSEE (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR
INFORMATION, LOST PROFITS, BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS)
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR USE OF OR INABILITY TO
USE THE SOFTWARE EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL LICENSOR BE LIABLE FOR DAMAGES FOR ANY CAUSE
WHATSOEVER (WHETHER BASED IN CONTRACT, TORT OR OTHERWISE) IN EXCESS OF THE
AMOUNT PAID TO LICENSOR BY LICENSEE FOR USE OF THE SOFTWARE. SOME STATES DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO LICENSEE.
8. Remedy. Licensee acknowledges that Licensor shall be entitled to seek and be granted injunctive relief or
specific performance upon any breach or threatened breach of this Agreement by Licensee, all without the
necessity of posting a bond or other security or undertaking in connection therewith. Licensee agrees to pay
to Licensor all costs and expenses, including reasonable attorney fees, incurred by Licensor in connection
with exercise of any of its rights and remedies contained herein.
9. License by U.S. Government. Any noncommercial software is provided with RESTRICTED RIGHTS.
Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in 48 CFR 52.227-
19. Contractor/Manufacturer is MACTEC Engineering and Consulting, Inc., d/b/a Facility Lifecycle Group,
2015 Vaughn Road, Building 300, Suite 300, Kennesaw, Georgia 30144.
10. Audit. Upon forty-five (45) days notice, Licensor may audit Licensee's use of the Software during
Licensee's regular business hours. Licensee will cooperate with Licensor's audit and provide reasonable
assistance and access to information. Licensee will remit any underpayment of fees or other amounts due
Licensor, or remedy any misuse of the Software, within fifteen (15) days of receipt of written notice. If
Licensee does not pay any such fees or other amounts or remedy any such misuse within the fifteen (15) day
period, Licensor may terminate the License, this Agreement and all technical support.
11. General Terms and Conditions. The terms and conditions of any purchase order or other ordering
document issued by Licensee in connection with this Agreement which is in addition to or inconsistent with
the terms and conditions of this Agreement shall not be binding on Licensor and shall not be deemed to
modify this Agreement. This Agreement constitutes and expresses the entire agreement and understanding
between the parties in reference to all matters referred to herein and any and all previous agreements,
discussions, promises, representations, and understandings between the parties relative thereto are merged
herein and superceded hereby. Any and all remedies provided for in this Agreement shall be cumulative and
additional to any other remedies in law or equity which Licensor may have. This Agreement shall inure to
the benefit of Licensor, its successors, and assigns. Licensee shall not assign its rights hereunder to any
party. All rights not specifically granted herein are reserved by Licensor.
Task Order PW-MAC-OOl
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A TT ACHMENT "B"
SOFTWARE MAINTENANCE SUPPORT AGREEMENT
This Software Maintenance Support Agreement (the "Agreement") is made and
entered into as of the 21 day of July, 2010 (the "Effective Date"), by and between
MACTEC Engineering and Consulting, Inc., a Delaware corporation, ("MACTEC") and
Monroe County, a political subdivision of the State of Florida, ("Client").
In consideration of the mutual promises and covenants set forth herein, the parties agree
as follows:
1. Back2round. MACTEC and Client agree that the terms and conditions of this Agreement
cover software maintenance support services as set forth below to be provided by MACTEC
to Client. Such services shall be provided by MACTEC only with respect to software for
which Client has entered into a Software End User License Agreement (hereinafter referred to
as "License Agreement") with MACTEC. Any Software Error Revisions or Software
Updates shall be considered "Software" under the License Agreement and thus shall be
subject to terms and conditions set forth under the License Agreement.
2. Definitions.
A. "Support" means the technical support provided by MACTEC or its third party
representative to the Client, its agents, or employees (hereinafter collectively
referred to as "Client") regarding the use and operation of applications software
specifically developed by MACTEC, commonly referred to as Vertex, that is
subject to a License Agreement (hereinafter referred to as the "Supported
Software"), and code revisions to resolve Software Problems identified and made
known to MACTEC. Support shall include (i) a direct response to an inquiry from a
Support Contact concerning the technical operation of the Supported Software, (ii)
a direct response to an inquiry from a Support Contact concerning Software
Problems in the Supported Software, (iii) a diagnosis of Software Problems in the
Supported Software, and (iv) reasonable commercial efforts to resolve reported and
verifiable Software Problems in the Supported Software such that the Supported
Software performs the functions described in the associated documentation.
B. "Support Contact" means authorized individuals(s), specified on Exhibit I of this
Agreement with whom MACTEC communicates when providing Support. The
Support Contact must be functionally knowledgeable about how the Supported
Software is intended to be used.
C. "Software Problem" means a defect in the Supported Software code, developed
by MACTEC, which (I) prohibits Client from entering, viewing, or printing data in
a manner consistent with the design of the software and its associated
documentation, or (2) results in a verifiable mathematical calculation error, or (3)
results in the display of a program error message.
D. "Software Error Revisions" mean revisions to programming code related to the
Supported Software only, which are developed by MACTEC and specifically
excludes any software revisions or enhancements of operating systems software, or
other third party software products, not specifically developed by MACTEC.
Task Order PW-MAC-OOl
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E. "Software Updates" mean revisions, enhancements, or new releases of software
program files or user manuals designed to correct a known error or improve
functionality of the Supported Software. Software and specifically excludes any
software revisions or enhancements of operating systems software, or other third
party software products, not specifically developed by MACTEC.
3. Software Support Services. Under the terms and conditions of this Agreement, MACTEC
shall provide to Client the following Support services:
A. Telephone Assistance. The Support Contact, using an authorized telephone
number to be provided by MACTEC, may contact a representative ofMACTEC's
Help Desk to ask questions or seek advice relating to technical problems with the
use of the Supported Software as described in the associated documentation.
Support calls are answered in the order in which they are received. If a technical
support representative is not available to accept the call immediately: the call will
be returned in as timely a manner as possible. MACTEC's technical support
representative will use commercially reasonable efforts to assist the Support
Contact in using the Supported Software, and in identifying and providing a
workaround, if possible, for Software Problems found in the Supported Software.
Telephone assistance shall be available Monday through Friday, from the hours of
8:00 a.ffi. to 5:00 p.m. Eastern Standard/Daylight Savings Time, as applicable,
excluding holidays. Client may also communicate with a technical support
representative by written correspondence via an electronic Help Desk Trouble
Ticket Form.
B. Software Error Revisions. Software Error Revisions will be made available to
Client, from time to time, whenever such Software Error Revisions are produced
and commercially released by MACTEC to its Software Maintenance Support
customers. MACTEC makes no promise as to the scope, contents, or frequency of
release of any Software Error Revisions.
C. Software Updates. Software Updates will be made available to Client, from time
to time, whenever such Software Updates are produced and commercially released
by MACTEC to its Software Maintenance Support customers. MACTEC makes no
promise as to the scope, contents, or frequency of release of any Software Updates.
4. Deliverv. MACTEC will use commercially reasonable efforts to schedule delivery of
Software Updates in accordance with those dates as provided to Client. Shipping and delivery
dates are approximate only. It is agreed that MACTEC will not be liable for any loss or
expense of any nature due to a failure to meet a specified delivery schedule.
5. Pavment. Client agrees to pay MACTEC the charges for Support and other fees set forth on
Exhibit I which is attached hereto. Such fees shall be due and payable within thirty (30) days
of the invoice date.
6. Limitations on Support Services.
A. The following are not supported under this Agreement.
I. Client's improper installation or use of the Supported Software;
2. Misuse, abuse or negligent use, repair, alteration or improper storage or any
use which does not conform to the specific or general instructions ofMACTEC or to the
provisions of the documentation for the Supported Software;
Task Order PW-MAC-OOl
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3. Any modification or attempted modification ofthe Supported Software by
Client or any third party;
4. Client's failure or refusal to maintain the Supported Software at the
"minimum release level" required by MACTEC.
B. MACTEC reserves the right to charge for excessive telephone, shipping, handling,
media or user manual expenses in connection with Support services provided
hereunder. In all cases, MACTEC shall notify Client of these costs in advance.
7. Availabilitv OfSUDDort Services.
A. Support shall be conducted at the offices ofMACTEC, at its address as set forth on
this Agreement (or such other address as MACTEC may designate by notice
provided herein) or at a third party location as so designated by MACTEC.
B. Support shall be conducted generally between the hours of 8:00 AM and 5:00 PM,
Eastern Standard/Daylight Savings Time, as applicable, Monday through Friday,
holidays excluded.
C. Support shall be conducted on a first-come first-serve basis.
D. The Support Contact shall provide his or her name, and company name when
requesting Support under the terms of this Agreement.
8. Warranty Disclaimer. THE SUPPORT AND OTHER SERVICES PROVIDED UNDER
THIS AGREEMENT ARE PROVIDED "AS IS", AND MACTEC MAKES NO
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE
SUPPORTED SOFTWARE, THE SUPPORT SERVICES, THE OPERATION OF THE
SUPPORTED SOFTWARE, OR CLIENT'S ABILITY TO UNDERSTAND,
COMPREHEND, OR APPLY THE INFORMATION THAT IS PRESENTED TO CLIENT
BY MACTEC, NOR DOES MACTEC MAKE ANY WARRANTY THAT THE
SUPPORTED SOFTWARE, SOFTWARE ERROR REVISIONS, SOFTWARE UPDATES
OR SUPPORT ARE ERROR FREE, AND MACTEC SPECIFICALLY DISCLAIMS ANY
IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR ANY
PARTICULAR PURPOSE.
9. Limitation of Liabilitv. IN NO EVENT SHALL MACTEC BE LIABLE TO CLIENT OR
TO ANY THIRD PARTY FOR ANY LOSS OF OR DAMAGE TO REVENUES, PROFITS
OR GOODWILL OR OTHER SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND OF EITHER CLIENT OR A THIRD
PARTY, RESULTING FROM ITS PERFORMANCE OR FAILURE TO PERFORM
PURSUANT TO THE TERMS OF THIS AGREEMENT OR ANY OF THE EXHffiITS
HERETO, OR RESULTING FROM THE FURNISHING, PERFORMANCE, OR USE OR
LOSS OF USE OF ANY SUPPORTED SOFTWARE OR SUPPORT SERVICES OR
MATERIALS DELIVERED TO CLIENT HEREUNDER., INCLUDING WITHOUT
LIMITATION ANY INTERRUPTION OF BUSINESS, WHETHER RESULTING FROM
BREACH OF CONTRACT OR BREACH OF WARRANTY OR OTHERWISE, EVEN IF
MACTEC HAS BEEN ADVISED OF THE POSSffiILITY OF SUCH DAMAGES.
Notwithstanding anything herein to the contrary, the maximum aggregate amount of money
damages for which MACTEC may be liable to Client under this Agreement, resulting from
any cause whatsoever, shall be limited to the amounts actually paid by Client to MACTEC
under this Agreement during the twelve (12) month period immediately preceding the month
in which the claim arises.
Task Order PW-MAC-OOl
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10. Term and Termination.
A. The term of this Agreement shall be for one (1) year, beginning on the Effective
Date, and shall automatically renew for successive one (1) year terms, provided that
either party may terminate this Agreement by providing written notice of its intent
not to renew at least sixty (60) days prior to the end of anyone (1) year term.
B. Either party may terminate this Agreement in the event of a default by the other
party to this Agreement; provided however, no such termination shall occur until
the non-defaulting party shall have given written notice of the default to the
defaulting party and such default shall not have been cured within five (5) days in
the event of a monetary breach and thirty (30) days in the event of a non-monetary
breach.
11. Notices. All notices, requests, demands or other communications required or permitted to be
given or made under this Agreement shall be in writing and shall be given by express courier
(such as Fed Ex) facsimile transmission, or by United States certified mail, return receipt
requested, postage prepaid to the addresses set forth on the first page of this Agreement, or
such other address as changed through written notice to the other party. Notice given by
express courier shall be deemed effective upon receipt; notice given by facsimile transmission
shall be deemed effective on the date of transmission with printed confirmation of successful
transmission; and notice given by mail shall be deemed effective the day on which delivery is
either accepted or first rejected.
12. General.
A. This Agreement, including the Exhibits attached hereto, contains the entire
understanding and agreement of the parties with respect to the subject matter hereof
and supersedes any prior written or oral agreements between them with respect
thereto. Except as set forth herein, there are no representations, agreements,
arrangements or understandings, written or oral, between the parties with respect to
the subject matter of this Agreement.
B. Nothing in this Agreement will in any way be construed as creating a partnership,
joint venture, agency, or employer-employee relationship between Client and
MACTEC. Client is not authorized to, and will not, undertake or assume any
obligation of any kind, express or implied, to conduct any business on behalf of
MACTEC.
C. The validity, interpretation and performance ofthis Agreement will be construed in
accordance with and governed by the laws of the State of Georgia.
D. If any provision, in whole or in part, of this Agreement is held illegal or invalid by
any court or administrative agency of appropriate jurisdiction, such provision or
appropriate portion thereof will be deemed severable and the illegality or invalidity
of such provision or portion thereof will not effect any of the remaining portions of
this Agreement. In such event, this Agreement will be considered as if the illegal or
invalid provision or portion thereof had not been contained herein.
E. The failure of either party to require the performance of any term, condition or
portion ofthis Agreement or the waiver by either party of any breach ofthis
Task Order PW-MAC-OOI
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Agreement will not prevent subsequent enforcement of such term, condition or
provision, nor be deemed as a waiver of any subsequent breach.
F. Any change in, addition to, or waiver of the terms, conditions, or provisions of this
Agreement will be binding upon either of the parties only if approved in writing by
its authorized representative.
G. Neither party will be liable to the other in any manner for any loss or damage of any
nature whatsoever incurred or suffered as a result of any failures or delays in its
performance under this Agreement due to any cause or circumstance beyond its
control, including, but not limited to, any failure or delays in performance caused
by strikes, lockouts, labor disputes, fires, acts of God or the public enemy, riots,
incendiaries, interference by civil or military authorities, compliance with the laws,
regulations, orders or policies of any governmental authority, delays in transit,
delivery or performance on the part of vendors, transportation companies or
communication facilities, or failures of sources of raw materials.
H. Client will have the right to assign or otherwise transfer its rights or obligations
under this Agreement only with the prior written consent ofMACTEC. In the event
of any assignment (whether by consent ofMACTEC or otherwise), all covenants,
stipulations, and promises in this Agreement will be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns.
Exhibit 1
The annual fees for the Support provided under the Agreement are as follows: $4,000.00
per calendar year.
The Support Contact is:
Bob Stone
10600 Aviation Blvd.
Marathon, Florida 33050
305/797-1458
305 / 289-6077
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