Item C16AGENDA ITEM SUMMARY
Meeting Date: une 10,
2015
Division:
Public Works/Enginecriag—
Bulk Item: Yes X
No
Department:
Project Management
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AGENDA ITEM WORDING: Approval of a task order with William P. Hom Architect, P.A. for the
water and energy conservation studies at the Monroe County Sheriff's Office Detention Center and
Headquarter Building on Stock Island. This project is funded by the one -cent infrastructure tax.
ITEM BACKGROUND: William P. Horn will provide the services of Trifecta Construction
Solutions to conduct both the energy and water conservation studies to retrofit and modernize the
energy and water consumption methods that will realize significant savings in the future.
PREVIOUS RELEVANT BOCC ACTION: On January 21, 2015 the BOCC approved the
continuing contract for Professional Architectural and Engineering Services between William P. Hom
Architect, P.A. and the County. This is a Task Order under that contract.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above.
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COST TO COUNTY:- $100,600.00 SOURCE OF FUNDS: One -Cent Infrastructure
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasiti-C Risk Management
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DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
53M
CONTRACT SUMMARY
Contract with: William P. Horn
Contract
Effective Dam: 06110/15
Expiration Dow:
Contract Purpose/Description:
Professional Services for the MCSO Wata and Conservation Studies
MHz.
MO.,
, - -
CONTRACT COSTS
Total Dollar Value of Contract: $ 100,600 Curmt Year Portion: $ 100,600
Budgeted? Yeso No C] Account Codes: 104-240 )-5 -53051
Grant: $
County Match: $
ADDMONALCOSTS
Estimated Onizoin Costs: $ J For
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Changes Date out
Date In Needed Reyipwer
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5/26/2015 ivision DirectoYes[]No[]
RiskManagement -)LJ-)Yes[]No0-
O.M.B.IPurchasing Yes[] No
Attorney 4c9� County YesC]
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OM13 F017n Revised M7/01 MCP 02
TASK OMER
PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
BETWEEN MONROE COUNTY AND WILLIAM P. HORN ARCHITECT, P.A.
FOR ENERGY AND WATER CONSERVATION STUDIES AT THE
MONROE COUNTY SHERIFF'S OFFICE DETENTION CENTER
. . . . . .
In accordance with the Continuing Contract for Professional Architectural and
Engineering Services, made and entered on the 21't day of January, 2015 between
MONROE COUNTY, hereinafter referred to as the "County" and WILLIAM P.
HORN ARCHITECT,hereinafter referred to as "Consultant" where professional
services are allowed if construction costs do not exceed $2,000,000.00, or for study
activity if the fee for professional services for each individual study under the contract
does not exceed $200,000.00.
All terms and conditions of the referenced Professional Architectural and Engineering
Services Agreement apply to this Task Order, unless the Task Order modifies an Article
of the Agreement of which will be specifically referenced in this Task Order and the
modification shall be precisely described. These additions apply only to the project
referenced in this Task Order.
This Task Order is effective on the 10'h of June, 2015.
1. Article It SCOPE OF BASIC SERVICES on the Professional Architectural
and Engineering Services Agreement dated January 21, 2015 shall be revised
as follows:
Consultant to provide the services of Trifecta Construction Solutions to
conduct an Energy Conservation Study at the Monroe County Sheriffs office
Detention Facility and Headquarter building located in Stock Island, Key
West Florida. The study will provide energy conservation opportunities based
on capital costs, incentives, and energy reduction in kilowatts (kW) and
kilowatt hours (kWh). The study will include opportunities for lighting
fixture and switch/control upgrades, a brief description of the purpose of the
study, existing conditions, and options considered. In addition, the report will
contain an introduction section consisting of the Monroe County Sheriffs
Office energy savings goals.
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Consultant will be responsible to schedule and coordinate site visits a],
testing of energy use and lighting characteristics for each space. Provide te
and consult facility users to determine daily usage, any anomalies in usag
and deficiencies of the system.
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Survey and Fixture Count will contain a detailed listing of fixtures in onea
illuminated space ctaining pictures and sketches which dbe o escrilcatio
number of each type of fixture, performance, and controls. Testing shou l
provide measurements of existing foot candles in each illuminated space.
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The estimate of energy usage will require a calculated estimate of annual
electric energy use in KWh and monthly maximum demand in kW. This
calculation will include an indication of when, during the day and year, the
demand and energy consumption will occur. The calculated estimate of annual
electricity reductions in use and cost, should be based on the rate schedule
most appropriate for the customer. Resources used for assumed amounts and
proof calculations should be cited. An estimate of the project cost and
payback period should include routine maintenance costs. All given usage
data for recommended future usage should be based on manufacturer data and
reported actual usages. Result must consider project impacts that may be
difficult to quantify, such as safety and environmental considerations and
product quality. Rates assumed in the calculated cost and energy use will be
based upon current rates provided by Monroe County and utility company.
Provide an explanation for any difference in the use of the current system and
why findings either show a higher/lower usage than actual or not. Include a
recommendation of adequate number of fixtures based on typical demand and
current lighting,. Consultant shall 9,rovide a descriFAion of the•roposed ener,%;j
use reduction measures and the comparable alternatives. Consultant shall
provide a description of building upgrade and how the different conservation
alternatives will affect operation and function such an automated controls and
optical sensors and systems that may be monitored and controlled remotely.
Vendor quotations should involve a category breakdown of the major pie".]
of equipment to be installed, removed or replaced, subdivided into extern
contractor labor, additional engineering, and equipment component cos
Also, any operating and maintenance costs compared to the existing proce
or equipment operation should be identified.
1.6 FINANCIAL ANALYSIS
The study will include a financial analysis i.e. payback/return on investment
requirements. All studies, will calculate simple paybacks and applicable
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rebates. This analysis takes into consideration all energy and non -energy
project costs and benefits including applicable rebate amounts. The
engineering firm is responsible for calculating rebate estimates if any.
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The fundamental purpose behind the study it to provide an overall report that
is to determine the feasibility of implementing upgrades to the existing system
based on the potential to reduce long term costs. Report should identify the
deficiencies of the existing system and provide recommended solutions and a
verifiable threshold that should be met upon implementation of any
corrections. Consultant will provide current quotations from vendors for the
cost of materials and installation of recommended upgrades. Report should
include detailed descriptions of installation methods and product
specifications with verifiable energy use standards. Products and installations
recommended in the final report must reflect equal or better than the materials
used to deten-nine estimated reduction in energy consumption. Specific
sections required in the final report are as follows:
a) Specification of the Buildings, parameters of the study.
b) Detailed descriptions of tests performed.
c) Test and Data Findings, total electric usage costs and lifecycle costs.
d) Descriptions of verifiable deficiencies and descriptions for unquantifiable
sources of demand.
e) Technical specifications of specific products and installations,
Consultant shall coordinate site visits with the user at each location and
agrees to abide by all security and safety protocols, be aware of the
facility, its residents, and staff with unusual schedules and plan
accordingly.
b) Consultant shall provide schedule of study development and reporting
which will include site visits and all phases of the project.
c) Consultant shalt ensure that all non-exempt employees for this effort are
compensated in accordance with all state and local laws.
d) Consultant's final report shall be provided in two hard copies bound with
an electronic copy on compact disk.
e) Consultant shall furnish all necessary equipment for testing and
development oft e study.
f) Recommendations will be based on currently available products and
systems.
g) Consultant will base tests on measurable results and regularly accepted
methodology.
h) Rates for costs and consumption will be based on data provided by Owner
and utility company. All other given information will be based on
reputable sources referenced in the final report. Any inconsistency in the
0
information provided by Monroe County and the utility company should
be reported to Monroe County Engineering immediately.
2. Article IV COUNTY'S RESPONSIBILITIES on the Professional
Architectural and Engineering Services Agreement dated January 21, 2015
shall include the following:
a) County to provide at least 12 months of past energy bills for the two
sites. If available, County to provide up to 36 months of past energy
bills.
b) Consultant shall present assumptions for desired rates of inflation,
escalation rates, internal rates of return for LA calculation, Such
information shall not be provided byte County.
a) No energy conservation information is in a portfolio manager or the
county monitoring system.
b) One reading per room for foot candle measurements is desired. A 10' x
10' grid is acceptable.
c) On site remote monitoring and control is desired.
Consultant shall invoice the County monthly on a percentage complete baso
for a lump sum fee not to exceed $40,300.00 1
Consultant shall be given an allowance of $10,000 for the metering and data
logger, if the County should decide they are necessary in the first 3 steps of
the study. Any invoice for such allowance shall be supported by the actual
manufactures invoice.-
1. Article 11 SCOPE OF BASIC SERVICES on the Professional Architectural and
Engineering Services Agreement dated January 21, 2015 shall be revised as
follows:
Consultant to provide the services of Trifecta Construction Solutions to
conduct a Water Conservation Study at the Monroe County Sheriffs office
*etention Facility and Headquarter building located in Stock Island, Key
West Florida. The study shall include the analysis of the existing system,
report deficiencies and causes for over usage and professional
recommendations. The study shall provide water conservation feasibility
analysis based on capital costs, incentives, and water use reduction goals. A
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report shall be provided identifying deficiencies in the existing system a
recommendations to upgrade the system. Any deficiencies or estimat
savings must be verified with testing and data. The basis of design should
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monitoring, provide comparison of retrofit systems to upgrades
infrastructure. The final report should include the cost benefit analysis of
installation of specific new components oand procedures to reduce cost
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1.1 PROJECT SITE VISITS AND DEVELOPME NT:
Consultant will be responsible to schedule and coordinate site visits an
testing of existing system. Provide tests and consuft facility uijserso
determine daily usage. a-t-v ayornglies 4 usage- aid dee7tcies of tke
Provide listing of plumbing fixtures describing the types of fixture
performance, and uses types in each area of the building, including pictur
and sketches. Measure current system usage and establish base usage th
should for the facility including the use of reclaimed water. Consultant sh
provide a description sketches, drawings or flow diagrams as necessary
explain and describe the water use relative to the "standard" alternatives.
Consultant to provide a calculated estimate of annual water use
reductions/increases in use and cost, based on the rate schedule most
appropriate for the customer. Use the current rates. Provide calculations with
descriptions of how estimated data was derived (e.g., theoretical calculations,
field measurements, manufacturer's data, etc.) supported by data and
reputable sources. An estimate of the project cost and payback period which
includes maintenance costs. Conclusions will provide a description of the
proposed modifications to improve water use including a details and
specifications for each product and its installation. Cost estimate must
consider lifecycle costs such as maintenance and initial installation costs as
compared to reduced costs observed over time.
Provide an explanation for any difference in the use of the current system and
why findings either show a higher/lower usage than actual or not. Include a
recommendation of adequate number of fixtures based on anticipated demand,
Consultant shall provide a description of the proposed water reduction
measures and the comparable alternatives. Consultant shall provide a
description of building upgrade and how the different conservation
I
alternatives will affect operation and function. Consultant's recommendatio
should include I -CON or equal flush systems with electronic controls an
monitoring, provide comparison of retrofit systems to upgrades
infrastructure.
Consultant must provide vendor quotations to support estimates of cost for
materials and installation. Quotations and estimates on cost will involve a
category breakdown of all major pieces of equipment to be installed, removed
or replaced, subdivided into external Consultant labor, additional engineering,
and equipment component costs. Any operating and maintenance costs
should be identified
by the consultant separately.
1.6 FINANCIAL ANALYSIS
The study will include a financial analysis i.e. payback/return on investment
and all associated requirements. All alternatives will calculate simple
payback period and applicable rebates. This analysis takes into consideration
all water and non -water consumption based project costs and benefits
including applicable rebate amounts. The engineering firm is responsible for
calculating rebate estimates if any.
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is to determine the feasibility of implementing upgrades to the existing system
based on the potential to reduce long term costs. Report should identify the
deficiencies of the existing system and provide recommended solutions and a
verifiable threshold that should be met upon implementation of any
corrections. Consultant will provide current quotations from vendors for the
cost of materials and installation of recommended upgrades. Report should
i• detailed descriptions of installation methods and •i
• with verifiable potable water use and sewer generation
standards. Products and • recommended in the final report must
reflect equal or better than the materials used to determine estimated
reduction in water consumption. Specific sections required in the final
report are as follows:
a) Specification of the Buildings, parameters of the study.
b) Detailed descriptions of tests performed.
c) Test and Data Findings, total water usage and costs, lifecycle costs.
d) Descriptions of verifiable deficiencies and descriptions for unquantifiable
sources of demand.
e) Technical specifications of specific products and installations.
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I) Consultant shall coordinate site visits with the user at each location and
agrees to abide by all security and safety protocols, be are of the
facility, its residents, and staff with unusual schedules and plan
accordingly.
j) Consultant shall provide schedule of study development and reporting
which will include site visits and all phases oft e project.
k) Consultant shall ensure that all non-exempt employees for this effort are
compensated in accordance with all state and local laws.
1) Consultant's final report shall be provided in two hard copies on with
an electronic copy on compact disk.
in) Consultant shall furnish all necessary equipment for testing and
development of the study.
m Recommendations will be based on currently available products and
systems.
o) Consultant will base tests on measurable results and regularly accepted
methodology.
p) Rates for costs and consumption will be based on data provided by Owner
and utility company. All other given information will be based on
reputable sources referenced in the final report. Any inconsistency in the
information provided by Monroe County and the utility company should
be reported to Monroe County Engineering immediately.
2. Article IV COUNTY'S RIESPONSIBILITIES on the Professional Architectural
and Engineering Services Agreement dated January 21, 2015 shall include the
following:
a) County to provide at least 12 months of ■ water bills for the two
sites. If available, County to provide up to 36 months of past water bills.
b) Consultant shall present assumptions for desired rates of inflation,
escalation rates, • rates of return for LCA calculation. Such
information shall not ■ provided by the County.
Consultant shall invoice the County monthly on a percentage complete bas
for a tump sum fee not to exceed $40,300.00 1
Consultant shall be given an allowance of $10,000 for the metering and data
■ if the County should decide they are necessary in the first 3 steps of
the study. Any invoice for such allowance shall be supported by the actual
manufactures invoice.
0
All other terms and conditions of the Task Order shall be in accordance with the
Architectural and Engineering Services Agreement dated January 21, 2015.
IN WITNESS WHEREOF, each party caused Task Order to be executed by its duly
authorized representative.
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Witness 1:
Print Name:
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CONSULTANT
WILLIAM P.1 RN ARCHITECT, P.A.
By: 5 n7'
PA20 A
Title: /,Q/a L
Date:
STATE OF FLORIDA
COUNTY OF Wnt o Is
On this 10I — day of 2015, before me, the undersigned notary
public, personally appeared (,kj, It; cjy~) Z Hu, a known to me to be the person whose
name is subscribed above, or who produced L-kjNgELj CMZps identification, and
acknowledged that he/she is the person who executed teabove Task Order with Monroe
County Professional Architectural and Engineering Services forte MCSO Energy and Water
Conservati n Studies, for the purposes therein contained.
onserva,
0 Y PUBLIC RUTH PIERRE
My COMMISSION # EE 151715
-Vs EXPIRES: December 7,2015
7 2) R
My Commission expires:
Bonded ThrU Notary Public Underwriters
MONROE COUNTY ATTORNEY
V7E "PR %- D AS I
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CONSULTANT AGREEMENT FOR
21?QFESSI-0
This Agreement ("Agreement") made and entered into this 2 1TH day of January 2015, by
and between Monroe County, a political subdivision of the State of Florida, whose address is
1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter
referred to as "COUNTY," through the Monroe County Board of County Commissioners
("BOCC"),
BE
William P. Hom Architect P.A. whose address is 915 Eaton Street Key West, FL 33040
its successors and assigns, hereinafter referred to as "CONSULTANT",
WHEREAS, COUNTY desires to employ the professional architectural and engineering
;ervices of CONSULTANT pursuant to Florida Statute 287.055(2) (g) for various Count;�_
Projects located in Monroe County, Florida; and
WHEREAS, the employment of the professional architect serves the appropriate public purpose
of providing professional architectural services to Monroe County; and
WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous -
projects in which construction costs do not exceed Two Million Dollars ($2,000,000.00) or for
study activity if the fee for professional services for each individual study under the contract
does not exceed Two Hundred Thousand Dollars ($200,000.00); and
WHEREAS, The professional services required by this Contract will be for services in the form
of a continuing contract, commencing the effective date of this agreement and ending four years
thereafter, with options for the County to renew for one additional 1 year period; and
WHEREAS, Specific services will be performed pursuant to individual task orders issued by the
time schedule, charges and payment conditions, and additional terms and conditions that are
applicable to such Task Orders-, and
WHEREAS, Execution of a Task Order by the COUNTY and the CONSULTANT constitutes the
COUNTY's written authorization to CONSULTANT to proceed with the services described in the
Task Order; and
WHEREAS, The terms and conditions of this Agreement shall apply to each Task Order, except
to the extent expressly modified. When a Task Order is to modify a provision of this Agreement,
the Article of this Agreement to be modified will be specifically referenced in the Task Order and
the modification shall be precisely described.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONSULTANT agree as follows:
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By executing this Agreement, CONSULTANT makes the following express representations and
warranties to the COUNTY:
1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations
necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties
hereunder have been fully satisfied;
1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions
under which the Work is to be completed.
1.1.3 The CONSULTANT shall prepare all documents required by this Agreement including,
but not limited to, all contract plans and speccations, in such a manner that they shall
be in conformity and comply with all applicable law, codes and regulations. The
CONSULTANT warrants that the documents prepared as a part of this Contract will be
adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating
any additional construction cost due to missing or incorrect design elements in the
contract documents-,
1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards
to his performance and those directly under his employ.
1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all
services pursuant to this agreement, the CONSULTANT shall abide by all statutes,
ordinances, rules and regulations pertaining to, or regulating the provisions of such
services, including those now in effect and hereinafter adopted. Any violation of said
statutes, ordinances, rules and regulations shall constitute a material breach of this
agreement and shall entitle the Board to terminate this contract immediately upon
delivery of written notice of termination to the CONSULTANT.
1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an
independent contractor and not an employee of the Board of County Commissioners for
Monroe County. No statement contained in this agreement shall be construed so as to
find the CONSULTANT or any of his/her employees, contractors, servants, or agents to
be employees of the Board of County Commissioners for Monroe County.
1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race,
creed, color, national origin, sex, age, or any other characteristic or aspect which is not
job related, in its recruiting, hiring, promoting, terminating, or any other area affecting
employment under this agreement or with the provision of services or goods under this
agreement.
1.1.8 In providing all services pursuant to this agreement, the CONSULTANT shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating such services,
including those now in effect and hereinafter adopted. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this agreement
and shall entitle the COUNTY to terminate this agreement immediately upon delivery of
written notice of termination to the CONSULTANT,
ARTICLE 11
The CONSULTANT will perform for the COUNTY services as described in individual
Task Orders in accordance with the requirements outlined in this Agreement and the
specific Task Order.
Professional services shall include, but not be limited to: Preparation and completion of
the design program for space requirements and relationships, schematic design, design
development, preparation of contract documents for bidding, scope of work, tabulations
and review of bids, recommendation of contract award, cost estimating during design
and document preparation, administration of contract documents, consultation and on
site inspections during construction, process shop drawings, recommend approval of
contractor invoices, preparation and submittal of permit applications, zoning applications
and presentations to the County Commission. All projects shall have construction costs,
which do not exceed Two Million Dollars($2,000,000.00), or for study activity if the fee
for professional services for each individual study under the contract does not exceed
Two Hundred Thousand Dollars($200,000.00).
Eft. 1. 1 CONSULTANT's Basic Services consist of those described in Paragraphs 2.2 throucfM
2.8, and other services identified as part of Basic Services, and include normal, civ
structural, mechanical, and electrical engineering services.
2.1.2 The Design for Construction shall include, but shall not necessarily be limited to, pia
and specifications which describe all systems, elements, details, components, material
equipment, and other information necessary for construction. The Design
f
Construction shall be accurate, coordinated and in all respects adequate for constructi
and shall be in conformity, and comply, with all applicable law, codes, permits, a
regulations. Products, equipment and materials specified for use shall be readi
available unless written authorization to the contrary is given by the Owne T
.r.
CONSULTANT shall be responsible for designing the Project in accordance with tl
analyses and recommendations of the geotechnical information furnished per Article 4.
2.2.1 The CONSULTANT shall review the program, schedule and construction budg'I
furnished by the Owner to ascertain the requirements of the Project and shall arrive at
mutual understanding of such requirements with the Owner-
2.2.2 The CONSULTANT shall review with the Owner and Monroe County's Project
Management Department proposed site use and improvements, required permits,
zoning, selection of materials, building systems and equipment; and method of Project
delivery.
2.2.3 The CONSULTANT shall review with the Owner and Monroe County's Project
Management Department alternative approaches to design and construction of the
Project.
2.2.4 Based on the mutually agreed -upon program, schedule and construction budget
requirements, the CONSULTANT shall prepare, for approval by the Owner, Schematic
Design Documents consisting of drawings and other documents illustrating the scale and
relationship of Project components.
2.2.5 At levels of completion of 25%, 50% and 75% of the Schematic Design Phase, the
CONSULTANT shall provide schematic design studies for the Owner's review and the
Monroe County's Project Management Department's information.
2.2.6 Upon completion of the Schematic Design Phase, the CONSULTANT shall provide
drawings, outline specifications, estimate of anticipated cost in accordance with the
schematic designs, and other documents for the Owner's approval and the Monroz
County's Project Management Department's information.
2.2.7 The Schematic Design must be approved in writing, by the Owner priori?*,
CONSULTANT continuing to the Design Development Phase. I
E.3.1 The Schematic Design Phase services shall respond to program requirements and
consist of preparation of: conceptual site and building plans, preliminary sections and
elevations, development of approximate dimensions, areas and volumes, concept
sketches as required to explain the design intent to the owner. Perspective renderings
and models, if required by the Owner, Will be billed as an additional service after th.z
Owner's written approval.
a. Structural Design/Documentation services during the Schematic Design Phase
consisting of recommendations regarding basic structural materials and systems,
analyses, and development of conceptual design solutions for: a predetermined
structural system and alternate structural systems.
b. Mechanical Design/Documentation services during the Schematic Design Phase
consisting of consideration of alternate materials, systems and equipment, and
development of conceptual design solutions for: energy source (s), energy
conservation, heating and ventilating, air conditioning, plumbing, fire protection,
special mechanical systems, process systems, and general space requirements.
19
conceptual design solutions for: power service and distribution, fighting,
telephones, fire detection and alarms, security systems, electroni(f,
communications, special electrical systems, and general space requirements.
& Civil Design/Documentation services during the Schematic Design Phase
consisting of consideration of alternate materials and systems and development
of conceptual design solutions for: on -site utility systems, off -site utilities work,
fire protection systems, drainage systems, sewage treatment, and paving.
Based on the approved Schematic Design Documents and any adjustments authorized
by the Owner in the program, schedule or construction budget, the CONSULTANT shall
prepare Design Development Documents for the Construction Manager's review and the
Owner's approval. The Design Development Documents shall consist of drawings and
other documents that establish and describe the size and character of the Project as to
architectural/engineering, structural, mechanical and electrical systems, materials and
such other elements as may be appropriate.
0,1.4.2 At intervals mutually agreeable to the Owner, Construction Manager and
CONSULTANT, the CONSULTANT shall provide drawings and other documents which
depict the current status of design development for the Owner's review and the Monroe
County's Project Management Department's information. The CONSULTANT shall
provide an estimate of anticipated cost in accordance with the design development
phase.
2.4.3 Upon completion of the Design Development Phase, the CONSULTANT shall providlffl-
drawings, outline specifications and other documents for the Owner's approval and t
Monroe County's Project Management Department's information. The CONSULTA
shall provide an estimate of anticipated costs in accordance with the desi
development phase. I
2.4.4 The Design Development Documents must be approved in writing, by the Owner prior tv-
CONSULTANT continuing to the Construction Documents Phase.
i o satisracToMy perTorrmn LITWI'Fer%-_�2 VWTMRF%WP
must complete the tasks set forth in paragraphs
2.6.1 Floor Plans - This consists of general plans, overall coordinating plans, and plar
enlargements for important and special areas. Data required:
a. Building perimeter (footprint) and exterior wall type, thickness and composition
fixed
b. Structural grid or system
c Major mechanical/electrical systems determined and their
requirements reflected and indicated on plans
d. Indicate buildings core - elevators, stairs, etc.
e. All internal partitions of appropriate thickness indicated
f. Floor, slab, and level elevations
Typical door types
Typical partition types
Built-in furniture items - special furniture and equipment (early clarification oi
what is "NIC" and "by owner")
Larger scale (e.g., 1/4"). Key areas, lobby, entries, public plaza, major corridors,
special spaces, etc. Required.- All surfaces (floor, wall, and ceiling treatments),
furniture indication, and layout.
Evacuation routes identified (to include locating necessary posting of evacuation
route plans).
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a. Total full -height facades including roof structures
b. All fenestration
C. Overall vertical building and floor heights
d. Indicate cross-reference points with sections
e. Indicate setbacks, building profiles, expansion joints, etc.
f. Indicate treatment of visible mechanical equipment
9. System impact (precast concrete, stone, panel systems, metal/glass curtain wall,
etc.) properly selected by adequate technical investigation.
Overall Sections - Overall building longitudinal and transverse "building explanation"
type. Detail Wall Sections - Largest scale (e.g., %"). Dominate full -height sections
conveying basic building configuration, to indicate:
a. Foundation and perimeter treatment
b. Typical wall construction
C. Back-up structure, abutting floor systems
d. Window location and insulation methods
e. Flashing, masonry coursings
fMechanical penetrations impact (furring, etc.)
91 Parapet design
a. Window types: divisions, pattern, mullion profiles, vent detail, glazing type,
jamb/head, plan section
b, Hollow metal (typical only-, keyed to plans and schedules)
C. Frame types (typical only; for compatibility and profile)
d Stair types - egress, public, exterior (including railing design) Metal and glass
walls, borrowed lights, etc.; for division, profile, and glazing
f. Interior partition types (typical only; keyed to plans and schedules)
9 Built-in furniture items, receptions, desks, work tops, counters, cabinet types,
display cases, recesses, wardrobes, millwork, etc.
2.5.5 Interior Elevations - Typical and special spaces, interfaced with, and cross-
referenced to, floor and reflected ceiling plans. Indicate:
�U. Levelchanges
0. Pertinent vertical dimensions.
2.5.6 Reflected Ceiling Plans - Typical and special space. Integrated plans reflecting
structural, mechanical, and electrical impacts. Plans to indicate:
a. Lighting layouts
b. Soffits, coves, furrings
C. Skylight locations
d. Ceiling materials
e. Acoustic treatments
f . Heating and ventilating register, diffuser locations
9- Sprinklers
h. Access panels
2.5.7 Schedules - Schedules to be non -repetitive and comprehensive, with specific keying
floor plans and elevations.
a. Interior finishes
b. Doors and frames
C. Preliminary hardware
d. Windows/glazing
2.5.8 Specifications - Comprehensive, abbreviated methods, materials and syste
descriptions in tune with drawings. Use CSI format with applicable section number,-
i
Include all consultant portions as well as those s . pecial supplementary conditions specl
to the project.
2.5.9 Preliminary Estimate of Construction Cost - Adjustment of the preliminary estimate of
construction cost prepared at the end of schematic design.
ITT7404TITIOMMUM
Floor plans at the same scale as the architectural/engineering drawings 0
b. Typical floor framing plans, including sizing of beam drops, slab opening
thicknesses, and depressions
C. Framing indication and governing sizing at: roof structures, penthous
bulkheads, other
d, Non -typical framing scheme where required: lobby, floors at grade, and other
e. All column points established
fFinal column schedule
91 Preliminary details and sections to adequately indicate structural system
h, Preliminary details of major unique conditions that impact on scheme
determined by the CONSULTANT)
i, Details indicating accommodation with mechanical/electrical at areas of maj•
interface
j- Design development specifications
k. Any necessary recommended adjustments to the preliminary estimate
construction cost.
0
a. Typical floor plans. Systems representation in diagrammatic (non -detailed) style,
major items • equipment indicated their space requirements and interface
requirements with other systems. I ndicate: major shafts (sizes), chases,
mechanical rooms and electric closets, and convector/fan coil locations, etc.
bRequired punctures: wall, slab, and beam
C' Terminal plans (lobby, cellar, roof) with items • heavy equipment shown in
diagrammatic style, with their space requirements indicated: (1) Boiler/heater
spaces (include clear height requirements), (2) Transformer vaults (approved
obtained from ► utility company), (3) Switchgear, emergency generator, water
storage tanks, fire pumps, etc., (4) Roof cooling towers, major air-conditioning
and air -handling equipment, packaged units, etc.
d. Locations of major roof -air handling equipment: cooling towers, exhaust fans,
etc.
e. Preliminary details of major and unique conditions that impact on scheme (as
determined by the •
f. Data to be developed in conjunction and in coordination with the project team:
1 Integrated r• lighting plans indicating all overhead mechanical
and electrical equipment for typical floor and special spaces
2- Cuts and explanatory information for interior visual items such as:
louvers, registers, heating/cooling units, and cabinets.
3 Exterior louver requirements and proposed locations.
a Building location plan --building tied down dimensionally with pertinent
adjacencies, street lines and grades, property lines, required setbacks,
easements, rights of way, manholes, sewers, hydrants, light standards, etc.,
.• with survey.
b, Main entry level datum elevation with key exterior grades at building perimeter.
C' Site development grading and landscaping plans
d, Overall preliminary site grading and defined design of external elements, properly
coordinated and interfaced with mechanical/electrical for utility entry points
e Indicate areaways, vaults, access to sub -grade spaces
f. Preliminary site and exterior building lighting scheme with identification of fixture
types
9 Parking area defined with preliminary plotting
h Indication of paths, stairs, ramps, berms, terraces, etc.
i, Plant materials (indication and preliminary schedule)
J. Design development details: railings, stairs, ramps, paving types and patterns,
kiosks, benches. light standards, others
k. Design development specifications
1. Any necessary adjustments to the preliminary estate of construction cost.
2.5.14 Limitations - The above list of drawings represents, in general, the requirements of the
Project.
2.6.1 Based on the approved Design Development Documents and any further adjustments
authorized by the Owner in the scope or quality of the Project or in the construction
budget, the CONSULTANT shall prepare, for approval by the Owner and Monroe
County's Project Management Department, Construction Documents consisting of
Drawings and Specifications setting forth in detail the requirements for the construction
of the project.
2.6.2 The CONSULTANT shall provide Drawings and Specifications for the Owner's and th
Monroe County's Project Management Department's review.
2.6.3 Upon completion of the Construction Documents Phase, the CONSULTANT sh
provide Construction Documents for the Owner's and Monroe County's Proje
Management Department's approval. Once approved the CO ' NSULTANT shall provi
the Owner with seven (7) complete signed and sealed sets of construction drawings a
four (4) hard copies of the technical specifications and one copy of the drawin
and the technical specifications saved electronically in Adobe Acrobat file (.PDF) form
delivered on a downloadable CD/DVD. Any and all files used to create the technic
specifications need to be submitted saved as an Adobe Acrobat file (.PDF) format, wi
tabbed and indexed section including but not limited to-, technical sections, reports su
as, asbestos, geotechnical, soils, paint, and photographs. The CONSULTANT sh
provide an estimate of anticipated costs in accordance with the construct
development phase.
2.6.4 The CONSULTANT shall assist the Owner and Monroe County's Project Man3geme ro
Department in the preparation of the necessary bidding information, bidding i orms, tl
Conditions of Contracts, and the forms of Agreement between the Owner and t -
Contractors.
2.6.5 The CONSULTANT's construction documents (plans, specifications, etc.) will conform to
all written codes and regulations of the federal government, county, state, municipalities,
agencies and state departments, in effect at the date of this Agreement, and shall be of
such completion as to receive all permits when applied for. If permits are denied, then
the CONSULTANT will conform the construction documents in such manner to receive
permits upon such plans. Work required from the CONSULTANT to conform the
documents to federal, state, city, county, or agency specifications and permi)
requirements to allow them to be approved shall be completed at no charge or cost t�t,
the Owner.
2.7.1 The CONSULTANT, following the Owner's approval of the Construction Documents and
the CONSULTANT's latest estimate of Construction Cost, shall assist the Monroe
County's Project Management Department in obtaining bids or negotiated proposals and
assist in preparing contracts for construction-
2.7.2 The CONSULTANT shall assist the Monroe County's Project Management Departme
in issuing bidding documents to bidders and conducting pre -bid conferences "I
wi
I
prospective bidders. The CONSULTANT shall assist Monroe County's Proje,
Management Department with any specific questions from bidders by responding
firectly to Project Management on questions. CONSULTANT shall not respond directly
to bidders. The County is responsible for issuing all addenda.
2.7.3 The CONSULTANT shall, on behalf of the Owner, file all necessary documents required
to secure all permits. Assistance with securing a development approval will be in the
form of providing schematic drawings.
2.8 CONSTRUCTION PHASE - ADMINISTRATION • THE CONSTRUCTION
•
2.8.1. The CONSULTANT's responsibility to provide Basic Services for the Construction Phase
under this Agreement commences with the award of the Contract for construction and
terminates with the issuance to the Owner of the final Project Certificate for Payment
including the submission of all project close-out documents by the CONSULTANT and
Contractor. The CONSULTANT will administer the Owner/Contractor contract as
provided for in that document. The CONSULTANT agrees to perform a project check
prior to the end of the warranty period as a part of the contract. The check shall not
exceed one working day unless additional time is approved by the Owner,
2.8.2 The CONSULTANT shall at all times have access to the • whenever it is in
preparation or progress.
2.8.3 The CONSULTANT shall, as contemplated herein and in the Construction Contract, but
not otherwise, act on behalf, and be the agent, of the Owner throughout construction of
the Project- Instructions, directions, and other appropriate communications from the
Owner to the Contractor shall be given to the Contractor by the CONSULTANT or
Monroe County's Project Management Department.
2.8.4 Upon receipt, the CONSULTANT shall carefully review and examine the Contractor's
Schedule of Values, together with any supporting documentation or data which the
Owner or the CONSULTANT may require from the Contractor. The purpose of such
review and examination shall be to protect the Owner from an unbalanced Schedule of
Values which allocates greater value to certain elements of the Work than is indicated by
such supporting documentation or data, or than is reasonable under the circumstances.
If the Schedule of Values was not found to be appropriate, or if the supporting
documentation or data is deemed to be inadequate, and unless the Owner directs the
CONSULTANT to the contrary in writing, the Schedule of Values shall be returned to the
Contractor for revision of supporting documentation or data. After making such
examination, if the Schedule of Values is found to be appropriate as submitted, or if
necessary, as revised, the CONSULTANT shall sign the Schedule of Values thereby
indicating its informed belief that the Schedule of Values constitutes a reasonable,
balanced basis for payment of the Contract Price to the Contractor. The CONSULTANT
shall not approve such Schedule of Values in the absence of such belief unless directed
• do • in writing, by the Owner.
2.8.5 The CONSULTANT shall carefully inspect the work of the Contractor and shall, at a
minimum, •- • at the Project site once every week. The purpose • such
inspections shall be to determine the quality and quantity of the work in comparison with
the requirements of the Construction Contract. In making such inspections, the
CONSULTANT shall protect the Owner from continuing deficient or defective work, from
continuing unexcused delays in the schedule and from overpayment to the Contracto
Following each inspection, the CONSULTANT shall submit a written report of su
inspection, together with any appropriate comments or recommendations to the Owner.
2.8.6 The CONSULTANT shall initially approve periodic and final payments owed to t
Contractor under the Construction Contract predicated upon inspections of the work a
evaluations of the Contractors rate of progress in light of the remaining contract ti
and shall issue to the Owner Approvals of Payment in such amounts. By issuing
t r 0
Approval of Payment to the Owner, the CONSULTANT reliably informs the Owner t1h
the CONSULTANT has made the inspection of the work required, and that the work f
which payment is approved has reached the quantities or percentages of completi
shown, or both, that the quality of the Contractor's work meets or exceeds t
requirements of the Construction Contract, and that under the terms and conditions
the Construction Contract, the Owner is obligated to make payment to the Contractor
the amount approved.
2.8.7 The issuance of a Certificate for Payment shall not be a representation that
CONSULTANT has (1) made exhaustive or continuous on -site inspections to check t
quality or quantity of the Work; (2) reviewed construction means, methods, technique
sequences or procedures; (3) reviewed copies of requisitions received fro
Subcontractors and material suppliers and other data requested by the Owner•
substantiate the Contractor's right to payment or; (4) ascertained how or for whi
purpose the Contractor has used money previously paid on account of the Contra Sum.
2.8.8 The CONSULTANT shall have authority, after notification to the Monroe County's
Project Management Department to reject Work, which does not conform to the Contract
Documents. Whenever the CONSULTANT considers it necessary or advisable for
implementation of the intent of the Contract Documents the CONSULTANT will have
authority, upon written authorization from the Owner, to require additional inspection or
testing of the Work in accordance with the provisions of the Contract Documents,
whether or not such Work is fabricated, installed or completed.
2.8.9 The CONSULTANT shall review and approve or take other appropriate action upon
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for
the limited purpose of checking for conformance with information given and the design
concept expressed in the Contract Documents. The CONSULTANT's action shall be
taken with such reasonable promptness as to cause no delay in the Contractor's Work or
in construction by the Owner's own forces, while allowing sufficient time in the
CONSULTANT's professional judgment to permit adequate review. Review of such
submittals is not conducted for the purpose of determining the accuracy and
completeness of other details such as dimensions and quantities or for substantiating
instructions for installation or performance of equipment or systems designed by the
Contractors, all of which remain the responsibility of the Contractors to the extent
required by the Contract Documents. The CONSULTANT's review shall not constitute
approval of safety precautions or, unless otherwise specifically stated by the
CONSULTANT, of construction means, methods, techniques, sequences, or
procedures. The CONSULTANT's approval of a specific item shall not indicate approval
of an assembly of which the item is a component. When professional certification of
performance characteristic of materials, systems or equipment is required by the
Contract Documents, the CONSULTANT shall be entitled to rely upon such certification
MI
to establish that the materials, systems or equipment will meet the performance criteria
required by the Contract Documents. CONSULTANT shall take appropriate action on
submittals within 14 calendar days. The CONSULTANT shall maintain a tracking log for
the submittals which shall include but not be limited to; the submittal as named in the
specification, all dates as required for tracking and the status of approval. A copy of the
tracking log will be made available to Owner when requested.
2.8.10 The CONSULTANT shall review and sign or take other appropriate action on Change
Orders and Construction Change Directives prepared by the Monroe County's Project
Management Department for the Owner's approval and execution in accordance with the
Contract Documents. CONSULTANT to take appropriate action within 7 calendar days,
2.8.11 The CONSULTANT shall promptly provide appropriate interpretations as necessary for
the proper execution of the work as long as there is no change in Contract price.
2.8-12 The CONSULTANT shall require inspection or re -inspection and testing or retesting of
the work, to include architectural/engineering, structural, mechanical and electrical
engineering portions of the work, in accordance with the provisions of the Construction
Contract whenever appropriate.
2.8.13 The CONSULTANT, assisted by the Monroe County's Project Management Department,
shall conduct inspections to determine the dates of Substantial Completion and the date
of Final Completion. The CONSULTANT shall submit to the Owner a list comprised of
incomplete and/or unacceptable items required by the Contract Documents to include
architectural/engineering, structural, mechanical, and electrical engineering portions of
the work. The CONSULTANT shall forward to the Monroe County's Project
Management Department warranties and similar submittals required by the Contract
Documents which have been received from the Contractor. The CONSULTANT shall
issue a final Project Certificate for Payment upon compliance with the requirements of
tWe Contract Documents.
2.8.14 The CONSULTANT shall interpret and decide matters concerning performance of t
Contractor under the requirements of the Contract Documents upon written reque
The CONSULTANT's response to such requests shall be made with promptness a
within seven (7) days of receipt of request. I
2.8.15 Interpretations and decisions of the CONSULTANTs shall be consistent with the intent of
and reasonably inferable from the Contract Documents and shall be in writing or in the
form of drawings and submitted on proper Construction Change Directives.
2.8.16 The CONSULTANT shall render written decisions within a reasonable time on all claims,
disputes or other matters in question between Owner and Contractors relating to the
execution or progress of the Work as provided in the Contract Documents.
2.8.17 Duties, responsibilities and limitations of authority of the CONSULTANT shall not ICE
restricted, modified or extended without written agreement of the Owner a
CONSULTANT. ri
2.8.18 The CONSULTANT shall be a representative of and shall advise and consult with tral
Owner (1) during construction until final payment to the Contractor is due and (2) asc
Basic Service at the Owner's direction from time to time during the correction pericl
M
described in the Contract for Construction. This advice and consultation shall be limit
to verbal comment on actions of the Owner and shall not necessitate filing of record
forms, or revisions to drawings, without additional compensation.
2.8.19 The CONSULTANT shall transmit to the Owner all manuals, operating instructions, a
built plans, warranties, guarantees and other documents and things required by t
Construction Contract and submitted by the Contractor.
2.8.20 The CONSULTANT shall not have control over or charge of and shall not be responsib -
for construction means, methods, techniques, sequences or procedures, or for safel-
precautions and programs in connection with the Work, since these are solely t
Contractor's responsibility under the Contract for Construction. The CONSULTANT sh
not be responsible for the Contractor's schedules or failure to carry out the work
accordance with the contract documents. The CONSULTANT shall not have contra
over or charge of acts or omissions of the Contractor, Subcontractors, or their agents
employees, or of any other persons performing portions of the work.
E.8.21 The CONSULTANT shall testify in any judicial proceeding concerning the design and
construction of the project when requested in writing by the Owner, and the
CONSULTANT shall make available to the Owner any personnel or consultants
employed or retained by the CONSULTANT for the purpose of reviewing, studying,
analyzing or investigating any claims, contentions, allegations, or legal actions relating
to, or arising out of, the design or construction of the project, Testimony will be provided
as part of the basic services when in defense of claims for actions of the CONSULTANT,
unless otherwise prevented by counsel of the
CONSULTANT and which time it would be subject to subpoena. For other claims
against the Owner, the CONSULTANT will do this under an expert witness with
compensation.
2.8.22 The CONSULTANT shall review any as -built drawings furnished by the Contractor and
shall certify to the Owner that same are adequate and complete.
2.8.23 The CONSULTANT shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its
consultants, or both.
2.8.24 The CONSULTANT must reimburse the Owner for any added costs paid by the Owner
during construction that were incurred as the result of any omission, deficiency, or
conflict in the work product of the CONSULTANT, its consultants, or both. This added
expense is defined as the difference in cost from that which the Owner would have paid
if the work was included in the bid, and the actual cost presented by the Contractor.
ARTICLE III
,4DDMM,%L SEPRVIGEa
3.1 Additional services are services not included in the Scope of Basic Services. Should tII
COUNTY require additional services they shall be paid for by the COUNTY at rates
fees negotiated at the time when services are required, but only if approved by t
COUNTY before commencement. I
13
3.2 If Additional Services are required the • shall issue a letter requesting and
describing the requested services to the CONSULTANT. The CONSULTANT shall
respond with a fee proposal to perform the requested services. Only after receiving an
• to the Agreement and a • to proceed • the COUNTY, shall the
CONSULTANT proceed with the Additional Services.
3.3 The following services are considered Additional Services and not included in Basic
Services:
A. Providing services of CONSULTANT for other than the previously listed consultini-
scope of Project provided as part of Basic Services.
B. Providing any other services not otherwise included in this Agreement or no�.
customarily furnished in accordance with generally accepted consulting practice.
C. Providing representation before public bodies in connection with the Project, upor,
approval • the COUNTY.
CF-.Tff*1W�M
4.1 The COUNTY shall provide information regarding requirements for the Project including
physical location of work, county maintained roads, maps.
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf wi
respect to the Project. The COUNTY or its representative shall render decisions in
timely manner pertaining to documents submitted by the CONSULTANT in order
avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT
services. I
4.3 Prompt written notice shall be given by the COUNTY and its representative to t
CONSULTANT if they become aware of any fault or defect in the Project or no
conformance with the Agreement Documents. Written notice shall be deemed to ha
been • served if sent • to paragraph
4.4 The COUNTY shall furnish the required information and services and shall renclIM
approvals and decisions as expeditiously as necessary for the orderly progress of t
CONSULTANT'S services and work of the contractors. li
4.6 The COUNTY's review of any documents prepared by the CONSULTANT or its
subconsultants shall •- solely for the purpose • determining whether such documents
are generally consistent with the COUNTY's criteria, as, and if, modified. No review of
such documents shall relieve the CONSULTANT of responsibility for the accuracy,
adequacy, fitness, suitability or coordination of its work product.
6 The COUNTY shall provide copies of necessary documents required to complete M
work, so long as the requested documents are in the possession of the County. I
4.7 Information requested • the CONSULTANT that may be of assistance to the
CONSULTANT and that the COUNTY has immediate access to will be provided as
requested.
M
Jill III, III ''III, I'lli, Ill, Iii, Ill' , I
11 , 11 MESEZZER&IM
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
6.1 The CONSULTANT covenants and agrees to indemnify and hold harmless
COUNTY/Monroe County and Monroe County Board of County Commissioners, its
officers and employees from liabilities, damages, losses and costs, including but not
limited to, reasonable attorneys' fees, to the extent caused by the negligence,
recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s)
and other persons employed or utilized by the CONSULTANT in the performance of the
contract.
5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the
indemnification provided for above. The extent of liability is in no way limited to,
reduced, or lessened by the insurance requirements contained elsewhere within this
agreement. Should any claims be asserted against the COUNTY by virtue of any
deficiency or ambiguity in the plans and specifications provided by the CONSULTANT,
the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and
shall indemnify him from all losses occurring thereby and shall further defend any claim
or action on the COUNTY'S behalf.
5.3 In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the CONSULTANT'S failure to purchase or maintain the
required insurance, the CONSULTANT shall indemnify COUNTY from any and all
increased expenses resulting from such delays, Should any claims be asserted against
COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications
provide by the CONSULTANT the CONSULTANT agrees and warrants that
CONSULTANT hold the COUNTY harmless and shall indemnify it from all losses
occurring thereby and shall further defend any claims or action on the COUNTY'S
behalf.
5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
5.6 This indemnification shall survive the expiration or early termination of the Agreement.
ARTICLE VI
PERSONNEL
GA PERSONNEL
The CONSULTANT shall assign only qualified personnel to perform any service concerning the
project. At the time of execution of this Agreement, the parties anticipate that the following
named individuals will perform those functions as indicated:
NAME
14,144114111111 P. 0" -
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FUNCTION
IR
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So long as the individuals named above remain actively employed or retained by the
CONSULTANT, they shall perform the functions indicated next to their names. If they are
replaced the CONSULTANT shall notify the COUNTY of the change immediately,
ARTICLE V11
COMPENSATION
7.1 PAYMENTSUM
7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S
performance of this Agreement based on rates negotiated and agreed upon and shown
in Attachment A, or as an agreed upon lump sum fee, which will be defined in each
specific Task Order.
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations and responsibilities set
forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant
to the Local Government Prompt Payment Act 218.70, Florida Statutes.
(A) If the CONSULTANT'S duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
compensation due to the CONSULTANT shall be equitably adjusted, either
upward or downward;
(B) As a condition precedent for any payment due under this Agreement, the
CONSULTANT shall submit monthly, unless otherwise agreed in writing by the
COUNTY, a proper invoice to COUNTY requesting payment for services properly
rendered. The CONSULTANT'S invoice shall describe with reasonable
particularity the service rendered. The CONSULTANT'S invoice shall be
accompanied by such documentation or data in support of expenses for which
payment is sought and the COUNTY may require.
7.3 REIMBURSABLE EXPENSES
IlIIIIIIIIII! - a
7.4.1 Any Additional Services shall be negotiated and agreed to with each individual Task
Order.
In
FX�- 11�611
7,5,1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated
pay, any fees or expenses in excess of the amount budgeted for this contract in each
fiscal year (October I - September 30) by COUNTY's Board of County Commissioner
The budgeted amount may only be modified by an affirmative act of the COUNTY's
Board of County Commissioners. I
7.5.2 The COUNTY's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners and the approval
of the Board members at the time of contract initiation and its duration.
7.5.3 If funding cannot be obtained or cannot be continued at a level sufficient to allow for
continued reimbursement of expenditures for services specified in this Agreement of in
the separate Task Orders for individual projects, the Agreement may be terminated
immediately at the option of the COUNTY by written notice of termination delivered to
the CONSULTANT. The COUNTY shall not be obligated to pay for any services
provided by the CONSULTANT after the CONSULTANT has received written notice of
termination, unless otherwise required by law.
7.5.4 The COUNTY does not guarantee CONSULTANT any specific amount of work or Ta
Orders under this Agreement. The parties shall enter into a separate Task Order f
each project awarded to the CONSULTANT by the COUNTY. The specific services
be performed under these separate Task Orders will be determined by the COUNTY a
agreed to by the CONSULTANT. Each Task Order will contain specific scope of wor
time schedule, charges, payment conditions, and additional terms and conditio
applicable to that specific Task Order.
110P.1112"T 0
8.1 The CONSULTANT shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. In the event the completion of the
project (to include the work ' of others) is delayed or suspended as a result of the
CONSULTANT'S failure to purchase or maintain the required insurance, the
CONSULTANT shall indemnify the COUNTY from any and all increased expenses
resulting from such delay.
2.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of
VI or better, that is licensed to do business in the State of Florida and that has an agent
for service of process within the State of Florida. The coverage shall contain an
endorsement providing sixty (60) calendar days notice to the COUNTY prior to any
cancellation of said coverage. Said coverage shall be written by an insurer acceptable to
the COUNTY and shall be in a form acceptable to the COUNTY.
A. Workers' Compensation insurance as required by the State of Florida, sufficient to
respond to Florida Statute 440.
1E
B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000
Disease, policy limits, $100,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering claims
for injuries to members of the public and/or damages to property of others arising
from use of motor vehicles, including onsite and offsite operations, and owned, hired
or non -owned vehicles, with $50,000 per person, $100,000 per Occurrence, $25,000
Property Damage or $100,000 combined single limit.
D. Commercial general liability, including Personal Injury Liability, covering claims for
injuries to members of the public or damage to property of others arising out of any
covered act or omission of the CONSULTANT or any of its employees, agents or
subcontractors or subconsultants, including Premises and/or Operations, Products
and Completed Operations, Independent Contractors; Broad Form Property Damage
and a Blanket Contractual Liability Endorsement with $300,00 per Person, $500,000
per Ocurrence, $200,000 Property Damage or $500,000 Combined Single Limit.
An Occurrence Form policy is preferred. If coverage is changed to or provided on a
Claims Made policy, its provisions should include coverage for claims filed on or after
the effective date of this contract. In addition, the period for which claims may be
reported must extend for a minimum of 48 months following the termination or
expiration of this contract.
E. Architects Errors and Omissions insurance of $500,000 per occurrence and
$1,000,000 annual aggregate. If the policy is a "claims made" policy, CONSULTANT
shall maintain coverage or purchase a "tail" to cover claims made after completion of
the project to cover the statutory time limits in Chapter 95 of the Florida Statutes.
F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S
liabilities hereunder in insurance coverages identified in Paragraphs C and D.
G. CONSULTANT shall require its subconsultants to be adequately insured at least to
the limits prescribed above, and to any increased limits of CONSULTANT if so
required by COUNTY during the term of this Agreement. COUNTY will not pay for
increased limits of insurance for subconsultants.
H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all
insurance policies including those naming the COUNTY as an additional insured.
The COUNTY reserves the right to require a certified copy of such policies upon
request.
1. If the CONSULTANT participates in a self-insurance fund, a Certcate of Insurance
will be required. In addition, the CONSULTANT may be required to submit updated
financial statements from the fund upon request from the COUNTY.
ARTICLE IX
MISCELLANEOUS
In
1101 WIN 4 Myl [4 WIN* HICA-1141
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of the CONSULTANT'S Drawings, Specifications, and other documents shall not be
used by the COUNTY or others on other projects except by agreement in writing and
with appropriate compensation to the CONSULTANT.
The COUNTY may utilize the construction documents, As -Built documents, etc., as
required for reference on any necessary future work on the site, and for constructing,
using and maintaining the project.
The CONSULTANT shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County
Commissioners for Monroe County and the CONSULTANT, which approval shall be
subject to such conditions and provisions as the Board may deem necessary. This
paragraph shall be incorporated by reference into any assignment or subcontract and
any assignee or subcontractor shall comply with all of the provisions of this agreement.
Subject to the provisions of the immediately preceding sentence, each party hereto
binds itself, its successors, assigns and legal representatives to the other and to the
successors, assigns and legal representatives of such other party.
Nothing contained herein shall create any relationship, contractual or otherwise, with or
any rights in favor of, any third party.
A. In the event that the CONSULTANT shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five days
written notification to the CONSULTANT.
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so. Termination
expenses shall include expenses available under the Agreement through the date on
the notice of termination and shall not include any additional services required in
order to stop performance of services, unless agreed to in writing by the COUNTY
and subject to audit for the purpose of verification.
19
This contract consists of any addenda, the Form of Agreement (Articles I -IX), the
CONSULTANT'S response to the RFQ, the documents referred to in the Form of
after execution by written amendment. In the event of any conflict between any of the
Contract documents, the one imposing the greater burden on the CONSULTANT will
control.
9.7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on contracts to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on
leases of real property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity,
ff W - -1"
11�17E -IT
provided in Section 287.017 of the Florida Statutes, for CA I EGUMT iirllq, tor a penoti Of
36 months from the date of being placed on the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of this
Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida
Statutes). Violation of this section shall result in termination of this Agreement and
recovery of all monies paid hereto, and may result in debarment from COUNTY's
competitive procurement activities.
In addition to the foregoing, CONSULTANT further represents that there has been no
determination, based on an audit, that it or any subconsultant has committed an act
defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has
not been formally charged with committing an act defined as a "public entity crime"
regardless of the amount of money involved or whether CONUSULTANT has been
placed on the convicted vendor list.
CONSULTANT will promptly notify the COUNTY if it or any subcontractor or
ps 2
has been placed on the convicted vendor list.
CONSULTANT shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for a period of five years from
the termination of this agreement. Each party to this Agreement or its authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement
and for four years following the termination of this Agreement. If an auditor employed by
the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this
Agreement were spent for purposes not authorized by this Agreement, or were
wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies
W
together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running
from the date the monies were paid by the COUNTY.
"Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all
public records laws of the State of Florida, including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily would be required
by Monroe County in order to perform the service.
(b) Provide the public with access to public records on the terms and conditions that
Monroe County would provide the records and at a cost that does not exceed the cost
provided in Florida Statutes, Chapter 119 or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to
Monroe County all public records in possession of the contractor upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to Monroe County in a format that is compatible with the information
technology systems of Monroe County.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree
that venue shall lie in the 16 1h Judicial Circuit, Monroe County, Florida, in the appropriate
court or before the appropriate administrative body. This agreement shall not be subject
to arbitration. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual
and customary procedures required by the circuit court of Monroe County.
9.11 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof
to any circumstance or person) shall be declared invalid or unenforceable to any extent
by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the
remaining terms, covenants, conditions and provisions of this Agreement would prevent
the accomplishment of the original intent of this Agreement. The COUNTY and
CONSULTANT agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
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The COUNTY and CONSULTANT agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to th(--
�5nforcement or interpretation of this Agreement, the prevailing party shall be entitled to
enses, as ar
award against the non -prevailing party, and shall include attorney's fees, courts costs,
investigative, and out-of-pocket expenses in appellate proceedings.
1.13 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the COUNTY and CONSULTANT and their respective legal
representatives, successors, and •
Each party represents and warrants to the other that the execution, delivery and
corporate action, as required by law.
CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and ♦• federal and state funds to further the purpose • this Agreement;
provided that all applications, requests, grant proposals, and funding solicitations shall
be approved by each party prior to submission.
conTer session, Ine Issue Or 1SS:UP_-,_-.0A(1_1JU_1JDiUth' h�UL d Pgaillu 1[ 11 9. t,
County Commissioners. If the issue or issues are still not resolved to the satisfaction of
the parties, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law. This provision does not negate or waive
the provisions • paragraph • concerning termination • cancellation.
1040 1111 V16 a (ORA M C4 M fil tow I a VAL, I I *j I I V14 VPJ IN !JP19%1XZ19 III kDFM U-M I k;;VM1L6 A R I I I - All - a
CONSULTANT and COUNTY agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
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the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990
(42 USC, s. 1201 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13,
Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national
origin, ancestry, sexual orientation, gender identity or expression, familial status or age;
11) Any other nondiscrimination provisions in any Federal or state statutes which may
apply to the parties to, or the subject matter of, this Agreement.
CONSULTANT and COUNTY covenant that neither presently has any interest, and shall
not acquire any interest, which would • in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this '•
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation
or acceptance of gifts; doing business with one's agency; u,nauthorized compensation;
misuse • public position, conflicting employment or ♦ relationship; and
disclosure or use of certain information.
I I RMWOURININIFT104 I MENTs We(01510, VWMEWERPEIREGY-Imm-
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to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY
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s , hall have the right to terminate this Agreement without liability and, at its discretion, t#
offset from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
9.22 PUBLIC ACCESS.
The CONSULTANT and COUNTY shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the CONSULTANT and COUNTY in connection with this Agreement-, and
the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of
this provision by CONSULTANT.
101 1115117-3 LTA =1 Mc;l 1
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONSULTANT and the COUNTY in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent
of liability coverage, nor shall any contract entered into by the COUNTY be required to
contain any provision for waiver.
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits
which if to the activity of officers, agents, or employees of any public agents or
employees , of the COUNTY, when performing their respective functions under this
Agreement within the territorial limits of the COUNTY shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the COUNTY.
137
Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional
or statutory duties of the COUNTY, except to the extent permitted by the Florida
constitution, state statute, and case law.
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third -party claim or entitlement to or
R9
benefit of any service or program contemplated hereunder, and the CONSULTANT and
the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior
to the community in general or for the purposes contemplated in this Agreement.
CONSULTANT agrees to execute such documents as COUNTY may reasonably
require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -
Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as
unit costs supporting the compensation pursuant to the Agreement are accurate,
complete, and current at the time of contracting. The original contract price and any
additions thereto shall be adjusted to exclude any significant sums by which the agency
determines the contract price was increased due to inaccurate, incomplete, or
concurrent wage rates and other factual unit costs. All such adjustments must be made
within one year following the end of the Agreement.
No covenant of agreement contained herein shall be deemed to be a covenant or
2greement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall
be liable personally on this Agreement or be subject to any personal liability or
2ccountability by reason of the execution of this Agreement.
P**MWA 40114ECIBIL, DO011111
i nis Kgreement may De execTlea in any n1rnUeT-Ur-G-1FtTf
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any
such counterpart.
WIN la
E7;7�r�@V%W§Tk ""'IRAUVT 77 A
the performance of this Agreement. In this regard, all recipients and contractors shall
take all necessary and reasonable steps in accordance with applicable federal and state
laws and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The COUNTY and the CONSULTANT and subcontractors shall not
discriminate on the basis of race, color, national origin or sex in the award and
performance of contracts, entered pursuant to this Agreement.
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authorized representative on the day and year first above written.
Date:
IN
BY.
Title:
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CONSULTANT
WILLIAM P. HO M ARCHITECT, P.A.
MONROE COUNTY ATTORNJEY
'PROVE0 AS TO FOR
N, V GASSEL
1110"Y Al I OHNEY
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ATTACHMENT "A"
Our standard hourly rates are as follows:
Architect:
Principal Architect
$225,00/hr
Architect
$150.00/hr
Intern Architect
$125.00/hr
Draftsperson
$95.00/hr
Structural Engineer:
Structural Engineer
$150.00/hr
MEP Engineer:
Engineer
$150.00/hr
Drafting
$75.00/hr
Civil Engineering:
Principal Civil Engineer
$150,00/hr
Senior Civil Engineer
$120.00/hr
Civil Engineer
$100,00/hr
Drafting
$85,00/hr
Landscape Architect:
Landscape Architect
$150.0011hr
Landscape Designer
$100.00/hr
Planner:
Principal Planner
$150.00/hr
Sustainability Consultant:
Principal
$180.00/hr
Sr. Project Manager
$125.00/hr
Project Manager
$95.00/hr
Research Associate
$75.00/hr
Office Manager
$45.00/hr
2014 / 2015
• COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2015
ME=
Owner Name; WILLIAM P HORN
Mailing Address:
91S EATON ST
KEY WEST, FL 33040
Tax Amount Transfer Fee Sub -Total Penalty
JU.UU.— 30,_00
RECEIPT# 46110-61429
Business i-ocation: 915 EATON ST
KEY WEST, FL 33040
Business Phone: 305-296-8302
Business Type: PROFESSIONAL (PROFESSIONAL ARCHITECT)
STATE LICENSE: AR 0013537
Prior Years Collection Cost �Total Paid
0.00 0.00 _30.00,
'THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX.
WHEN VALIDATED PO Box 1129, K@V West, FL 33041 YOU MUST MEET ALL
COUNTY AND/OR
MUNICIPALITY PLANNING
AND ZONING REQUIREMENTS.
MONROE COUNTY BUSINESS TAX RECEIPT
P.O. Box 1129, Key West, FL 33041-1129
EXPIRES SEEMBER 30, 2015
Business Name: WILLIAM P HORN ARCHITECT RECEIPT# 46110-61429
Business Location: 915 EATON ST
Owner Name: WILLIAM P HORN KEY WEST, FL 33040
Mailing Address: Business Phone: 305-296-8302
915 EATON ST Business Type: PROFESSIONAL (PROFESSIONAL ARCHITECT)
KEY WEST, FL 33040
0
STATE LICENSE,. AR 0013537
Tax Amount Transfer 1-ee SUD-Totdl Penalty Prior Years Collection Cqst Total Paid
30.00 0.00. 30,00 0.00___ 000 0.001 30..00
P a 11 d 105-13-00005060 09 /0812014 30.00
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THIS DOC UPLIENT HAS COI ORE D BACKGROUND - MiCROPRIPI I ING - LINEMARK:- PA I EN I ED PAPER
AC#696n4',' STATE OF FLORIDA
DATE BATCH NUMBER �
V "d
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
BOARD OF ARCHITECTURE & INTERIOR DESIGN SEQ# L12120500740
12/05/2C!121128159140 AR0013537
The ARCHITECT
Named below IS LICENSED
under the Fa
provisions of Chapter 481 .
Expiration date: FEB 28, 2015
HORN, WILLIAM P
915 EATON STREET
KEY WEST FL 33040
KEN LAWSON
RICK SCOTT SECRETARY
GOVERNOR DISPLAY AS REQUIRED BY LAW
THIS CUMEN'T HAS A COLORED BACKGROUND - MICROPRINTINC - LINEF06RIK' PATENTED PAPER
AC#60161120 STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
BOARD OF ARCHITECTURE & INTERIOR DESIGN SEQ# L12120500815
L
12L1 1-9 AA00 03 040
1�2128159 t6�.
The ARCHITECT CORPORATION
Named below IS CERTIFIED
Under the provi6ions of ChapterFS-
Expiration date: FEB 28, 2015
WILLIAM P HORN ARCHITECT PA
915 EATON ST
KEY WEST FL 33040
KEN LAWSON
RICK SCOTT SECRETARY
GOVERNOR DISPLAY AS REQUIRED BY LAW.-
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