10/17/2012 Contract DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: October 29, 2012
TO: Jerry Barnett, Director
Project Management
ATTN: Ann Riger
Contract Administrator
FROM: Pamela G. Hancoa.C.
At the October 17, 2012, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Item C40 a contract with Bender & Associates Architects,
P.A. for Professional Services to provide additional design work for compliance to the American
with Disabilities Act (ADA) at the East Martello Tower. This project is fully funded by the
Tourist Development Council.
Enclosed is a duplicate original of the above - mentioned for your handling. Should you
have any questions, please feel free to contact me.
cc: County Attorney w/o document
Finance
File
CONTRACT FOR
PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECT/ENGINEER
FOR
EAST MARTELLO TOWER ADA UPGRADES
THIS CONTRACT made as of the 17 day of October, 2012, 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:
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:
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.
EAST MARTELLO ADA REPAIRS
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 will review documents prepared by Mailloux & Sons (ADA Segment Il
Contractor) and make recommendations for compliance with the Secretary of the
Interior's Standards including alternate materials.
Architect shall evaluate existing conditions related to ADA compliance and the County's
ADA Transition Plan. The requirements include, but are not limited to, providing
accessible parking, an accessible route from the parking to all public areas of the fort,
corrections to stairs and ramps to provide compliance, ADA compliant signage,
providing for compliant doors and /or hardware, and similar issues.
Architect shall evaluate alternatives to concrete in order to minimize negative impacts on
the site features of the resource. Architect to submit documents to the City of Key West
HARC Board, the State of Florida DHR, and Monroe County's H.P.C.
Architect shall provide a construction cost estimate.
Architect is a local authority on restoration and /or renovation of the forts and Martello
Towers in our area.
Payment: The cost for Architectural services shall be a lump sum of Fifteen Thousand
Dollars and 00 /100 ($15,000.00), and shall be billed monthly ending the last day of each
month. Invoicing shall be on a percentage of work completed basis. The following
services and associated costs are provided below:
• Design Services $ 2,100.00
• Construction Documents 7,800.00
• Bidding 1,700.00
• Construction Phase 3.400.00
Total $15,000.00
There shall be no reimbursable expenses associated with this contract.
EAST MARTELLO ADA REPAIRS
7. All other terms and conditions of this Contract shall comply with the Continuing Contract
dated January 20, 2010.
IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
(SEAL)
BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
B By:
Deputy Clerk Mayor /Chairman
Witness to Architect's Signature
By:
WI S gnature
BENDER & ASSOCIATES ARCHITECTS, P.A.
By:
Signature of Corporate Agent
VAV10 J SALAY
Print Witness Name
Date:
STATE OF FLORIDA
Print Name of Corporate Agent
Date:
COUNT�OF ONI�
On this I day of , 2012, before me, the undersigned notary public, personally appeared
�lL known tome 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 ADA Repairs for the purposes therein contained.
i " -W.=
NOTARY PUBLIC r
�.•: DAINA D. KATUBI
Commission # DD 957400
• Expres February 5, 2014
My Commission expires: !!LThmTgF*0- JceIZX701Q
MONROE COUNTY ATTORNEY
cv PROVED AS TO O
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ASSISTANT CO NTY AT�TOR
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EAST MARTELLO ADA REPAIRS