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05/16/2012 AgreementDANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DA TE: May 18, 2012 TO: Jerry Barnett, Director Project Management ATTN: Ann Riger Contract Administrator FROM: Pamela G. Hanco(, .C. At the May 16, 2012, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item C24 a Contract with Bender & Associates Architects, P.A. for the Design through Construction Administration of the Roof Repairs at the East Martello Tower. Enclosed is a duplicate original 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 TOWER ROOF REPAIRS THIS CONTRACT made as of the 16th day of May, 2012, FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT (the "Contract" or "Agreement ") is made and entered into by MONORE 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: 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). Total cost of construction for this project is estimated to be $150,000. 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 EAST MARTELLO TOWER ROOF REPAIR 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: The Architect will assess the current conditions and establish requirements for repair and /or re- roofing that are in compliance with the Secretary of the Interior's Standards. The scope of work is based on information gathered at a field meeting on February 29th, 2012, as follows: Areas of brick had been coated with a product called Geo Cell. This material is trapping moisture in the brick which will lead to long term degradation of the historic brick and mortar. The State Division of Historic Resources (DHR), Bureau of Historic Preservation, concurred that the Geo Cell was acceptable over "rough" rubble concrete areas only, and not appropriate over brick. The Geo Cell on brick will need to be removed. • Flashing and drip edges have rusted through in many locations. New flashing and drip edges or 20 oz. copper will be installed. • New boots are required at roof membrane vents. • Cover board will be used on parapets to protect the historic brick and mortar. Base and counter flashing details will be developed in compliance with State and Federal regulations for work on historic resources. • Brick repair will be required at parapets to allow roofing to be installed. Parapets may need to be stepped to allow installation of the cover board. • There are areas along the south casemate battery that collect water. Architect will develop details to drain this water, most likely weep holes through mortar joints. Architect is a local authority on restoration and /or renovation of the forts and Martello Towers in our area. Architect shall review documents related to the East Martello that are in file at his office to assist in the project's Scope of Work, and to use documents as existing conditions base drawings. Architect will conduct a thorough field analysis. Architect will involve a member of the Key West Art & Historical Society to ensure that all known issues are addressed. Architect shall provide a letter form report and drawing of his findings with recommendations. These documents will be submitted to the Director of Project Management for review and comment prior to developing final details. EAST MARTELLO TOWER ROOF REPAIR 6. Payment: The cost for Architectural services shall be a lump sum of Fifteen Thousand Seven Hundred Dollars and 00 /100 ($15,700.00), and shall be billed monthly ending the last day of each month. Invoicing shall be on a percentage of work completed basis. There shall be no reimbursable expenses associated with this contract. 7. All other terms and conditions of this Contract shall comply with the Continuing Contract dated January 20, 2010. 4._. IN's rIf4ESS WHEREOF, each party caused this Agreement to be executed by its duly authorized r1f resentative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA B Deputy Clerk By: Mayor hairman Witness to c t ct's Signature BENDER & ASSOCIA ES ARCHITECTS, P.A. By: By: ` W TNESS Signature Signature of Corporate Agent 44 Print Witness Name Date: April 24, 2012 STATE OF FLORIDA Bert L. Bender, President Print Name of Corporate Agent Date: April 24, 2012 COUNTY OF MONROE On this day of April 2 4 2012, before me, the undersigned notary public, personally appeared Bert Bender known to me to be the person whose name is subscribed above and acknowledged that he is the person who executed the above Contract with Monroe County for Professional Services for the East Martello Tower Roof Repair /or Replacement, for the purposes therep contained. NO .g' = DAINA D. IWT NOTARY PUBLIC DO Commission # DD 957400 "0 Expires February 5, 2014 b*TMnTmyFin W=0 800.3 85-1019 My i ATTORNEY PR VED AS RM: N TILEENE W. CASSEL ASSISTANT COUNTY ATTORNEY Date U'-;�-b - 12— 111. - -1 c� �J Fri C) rJ 0 EAST MARTELLO TOWER ROOF REPAIR LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE 11 Bender & Associates Architects, P.A. (Company) "... warrants 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. 010 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010 -1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement 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 ". 14 J (Signature) STATE OF: Florida Date: 4/12/2012 COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me on (date) by Bert L. Bender 24 April 2012 personally known to me M 3WpIN44x adentificant type of identification) My commission expires: DAINA D. KATUBI Cumnission # DD 957400 fires February 5, 2014 BondedileuTmTFahM�srance lS 7019 (name of affiant). He / §hl is NOTARY PUBLIC EAST MARTELLO TOWER ROOF REPAIR DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Bender & Associates Architects, P.A. (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ril 24, 2 Date EAST MARTELLO TOWER ROOF REPAIR I IUVI IL A viyi is Luic NON - COLLUSION AFFIDAVIT 1 Bert L. Bender of the city of Key west, Florida according to law on my oath, and under penalty of perjury, depose and say that: I am President of the firm of Bender & Associates Architects, P.A. the bidder making the Proposal for the project described in the Request for Qualifications for: Professional Services for East Martello Towers Roof Repairs and that I executed the said proposal with full authority to do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this of davit in awarding contracts for said project. 7 X 12_ ignatu espondent) (Date) STATE OF: Florida COUNTY OF: Monroe PERSONALLY APPEARED BEFORE ME, the undersigned authority Bert L. Bender who, after first being sworn by me, (name of individual signing) affixed hisA= signature in the space provided above on this 24th day of April 20 12 NOTARY PUBLIC' My Commission Expires: "�'" Y DAIS M # 10. N F Expires February 5, 2014 bided TkvTmyFsihsuabe8 ,*7019 EAST MARTELLO TOWER ROOF REPAIR CITY 01, KEY WEST, I LORIDA Business Tax Receipt This Document is a business tax receipt Holder must meet all City zoning and use provisions. P.O. Box 1409, Key West, Florida 33040 (305) 909 -3955 Business Name BENDER & ASSOCIATES ARCHITECTS Ct1Nbr:0001702 Location Addr 410 ANGELA ST Lic NBR /Class 12- 00009562 SERVICE - PROFESSIONAL Issue Date: September 09, 2011 Expiration Date:September 3.0, 2012 License Fee $309.75 Add. Charges $0.00 Penalty $0.00 Total $309.75 Comments: ARCHITECT This document must be prominently displayed. BENDER, BERT BENDER & ASSOCIATES ARCHITECTS 410 ANGELA ST - KEY WEST FL 33040 =, �a STATE OF FLORIDA ��" BEND&AS -01 JTORRES ' R °rt CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 4/25/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME Zoraida Gonzalez Collinsworth, Alter, Fowler & French, LLC PHONE FAX 8000 Governors Square Blvd tac No E>a) X305) 822 - 7800 (NC, No: (305) 362 - 2443 Suite 301 E -MAIL Miami Lakes, FL 33016 ADDRESS zgonzalez @caffllc.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Phoenix Insurance Co 25623 INSURED INSURERS Travelers Indemnity Company Bender & Associates Architects, P.A. ; INSURER C: Travelers Casualty and Surety Company of America 410 Angela Street INSURER D : New Hampshire Ins. Co. Key West, FL 33040 - -- INSURER E . - - - - - -. __ _._.. -- .----------- - - - - -- - INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR - -. -- _. - -- - - -_._ - ADDLUBRi - -- - -- t_ -__ (MM /DD/YYVY) (MMIDD/YYYYI + .. _ - -.. LIMITS - -_- - INSRrWVD. POLICY EFF POLICY E % - -- - -- - -- LTR - - TYPE OF INSURANCE POLICY NUMBER EACH OCCURRENCE ! $ 1,000,000 A X DAMAD - TO RENTED - - GENERAL LIABILITY CLAIMS -MADE X OCCUR X 6608178X318 jj 012 2/10/2013 PREMISES (Ea occurrence) $ 300,000 — - �` I PERSONAL BADV INJURY $ 1,000,000 MED EXP (Any one person) $ 5,000 - -- - - - AL LIABILITY la) GENERAL AGGREGATE $ 2,000,000 , II I PRODUCTS - COMP /OP AGG PRO- APPLIES PER: $ 2,000,OOOI ` GENLAGGREGATELIMITAP - - - -AGG 1 $ - - -_- 1 L _ POLICY _ JECT LOC ._ - - - $ F AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ A X ANY AUTO 1 BA8179X155 2/10/2012 2/10/2013 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY Per ~ $ 1 AUTOS , AUTOS ( er accident) '. NON -OWNED -- PROPERTY DAMAGE -- - +----- - -_ - -- I X HIRED AUTOS X ; AUTOS (Per accident? $ { .$ 1 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 -_ CUP3763T175 2/10/2012 2/10/2013 AG GREGATE $ 1 B 1 _CLAIMS -MAD _ - _- - - - - - -. _ -- EXCESS LIAR DED , X RETENTION$ 10,000 Aggregate ; $ 1,000,000 _. - - __._. - - - - - -- - - - -. - - - - - -- r X 10TH- AND EMPLOYERS LBILITY N I A E EACH ACCIDENT - -- - - - -- - - -- OFFICER /MEMBER EXCLUDED? t _ _ _ TORY LIMITS L ER ,_ C ANY PROPRIETOR /PARTNER/EXECUTIVE Y / N I ' U63704T606 2/10/2012 2/10/2013 NT $ 500,0001 (Mandatory In NH) N ' E.L. DISEASE - EA EMPLOYEE $ 500,000 If yes describe under - -- -- —_ - - -- ` DESCRIPTION OF OPERATIONS below _ t . , E.L. DISEASE - POLICY LIMIT $ 500,000 • D Professional Liab. 4426917101 2/10/2012 2/10/2013 Each Claim 1,000,000 D Claims -Made Basis 4426917101 2/10/2012 2/10/2013 Annual Aggregate 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space Is { required) Professional Liability Deductible $20,000; Professional Liability Retroactive Date 1/5/1993 Monroe County is listed as additional insured on the general liability, excluding professional services. i CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Engineering /Project Management/Wastewater 1100 Simonton Street Room 2- 216 Key West, FL 33040 AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD