Item C10County of Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
IleOI1da Keys
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District I
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George Neugent, District 2
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Heather Carruthers, District 3
County Commission Meeting
May 16, 2018
Agenda Item Number: C.10
Agenda Item Summary #4134
BULK ITEM: Yes DEPARTMENT: Project Management / Facilities
TIME APPROXIMATE: STAFF CONTACT: Raymond Sanders (305) 295 -4338
N/A
AGENDA ITEM WORDING: Approval of a Fifth Amendment to the Agreement for Professional
Services with Currie Sowards Aguila Architects, Inc. (CSA) for the design through construction
administration of the Plantation Key Judicial Courthouse and Detention Facility to obtain assistance
from an architectural historian, in the amount of $9,658.00. This is funded by the one -cent
infrastructure tax.
ITEM BACKGROUND: The Director of Division of Historical Resources and State Historic
Preservation Officer has notified the County that the initial assessment of the existing Spottswood
building "Old Monroe County Sheriff Office" located at the site of the proposed Plantation Key
Judicial Courthouse and Detention Facility is eligible for listing in the National Register of Historic
Places and the Consultant CSA requires the assistance of an Architectural Historian to provide
further analysis of the historic significance of the existing Spottswood building.
PREVIOUS RELEVANT BOCC ACTION: On February 18, 2015, the BOCC approved an
Agreement for professional services to design and permit the P.K. Judicial Courthouse and
Detention facility with CSA. On May 20, 2015, the BOCC approved a First Amendment to the
Agreement increasing the scope of work to include a site plan review and approval process, which
was a requirement of the Village of Islamorada. On October 21, 2015, the BOCC approved a
Second Amendment to the Agreement to provide a schedule of values for compensation from Design
through Construction Administration. On May 17, 2017, the BOCC approved a Third Amendment to
the Agreement to provide civil engineering design with paving /grading /utilities /and drainage;
landscape & irrigation design; voice /data communications, electronic & AV Security; acoustics;
sustainable design consultant (FGBC); and cost estimating. On February 21, 2018, the BOCC
approved a Fourth Amendment to the Agreement to provide Interior Design, Building
Commissioning and Training Services.
CONTRACT /AGREEMENT CHANGES:
Additional Services
STAFF RECOMMENDATION: Approval of 5th Amendment to CSA contract
DOCUMENTATION:
CSA 5th Amendment PK Courthouse
SHPO Letter
CSA 4th Amendment PK Courthouse
CSA 3rd Amendment PK Courthouse
CSA 2nd Amendment PK Courthouse
CSA 1st Amendment PK Courthouse
CSA Contract PK Courthouse
FINANCIAL IMPACT:
Effective Date: 5/16/2018
Expiration Date:
Total Dollar Value of Contract: $1,295,698.00
Total Cost to County: $1,295,698.00
Current Year Portion: $563,850.00
Budgeted: Yes
Source of Funds: Fund 314
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: $0
Revenue Producing: No
Grant: N/A
County Match: N/A
Insurance Required: Yes
Additional Details:
If yes, amount:
Yes
05/16/18 314 -26008 - CAPITAL OUTLAY BUILDING $9,658.00
CP1503
REVIEWED BY:
Cary Knight
Completed
04/30/2018 11:05 AM
Kevin Wilson
Completed
04/30/2018 2:47 PM
Chris Ambrosio
Completed
04/30/2018 4:22 PM
Budget and Finance
Completed
04/30/2018 4:29 PM
Maria Slavik
Completed
05/01/2018 7:19 AM
Kathy Peters
Completed
05/01/2018 10:16 AM
Board of County Commissioners
Pending
05/16/2018 9:00 AM
FIFTH AMENDMENT
TO THE AGREEMENT FOR PROFESSIONAL SERVICES
FOR THE
PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY
THIS FIFTH AMENDMENT (hereinafter "FIFTH AMENDMENT ") to the AGREEMENT FOR
PROFESSIONAL SERVICES BETWEEN OWNER AND CONSULTANT dated February 18, 2015,
(the "Agreement") is made and entered this 16th day of May, 2018, between MONROE COUNTY
( "County") and CURRIE SOWARDS AGUILA ARCHITECTS, INC. ( "Consultant "), in order to
amend the Agreement, as First Amended on May 20, 2015, as Second Amended on October 21, 2015,
and as Third Amended on May 17, 2017, and as Fourth Amended on January 17, 2018, as follows:
WITNESSETH
WHEREAS, on February 18, 2015, the parties entered into an Agreement for professional services to
design and permit the Plantation Key Judicial Courthouse and Detention Facility ( "Project"); and
WHEREAS, on May 20, 2015, the parties agreed to a First Amendment to the Agreement increasing
Consultant's scope of work to undergo a site plan review and approval process, which is a requirement
for the Village of Islamorada; and
WHEREAS, on October 21, 2015, the parties agreed to a Second Amendment to the Agreement to
provide a schedule of values for compensation that includes the Schematic Design, Design
Development, Construction Documents, Bidding and Permitting, and Construction Administration
phases; and
WHEREAS, on May 17, 2017, the parties agreed to a Third Amendment to the Agreement to provide
sub - consultant services for Civil Engineering, Landscape and Irrigation design, Voice /Data/AV and
Security, Acoustics, Sustainable Design and Cost Estimating and include public records language
revisions in compliance with section 119.071 Florida Statues; and
WHEREAS, on January 17, 2018, the parties agreed to a Fourth Amendment to the Agreement to
provide sub - consultant services for the Interior Design and Building Commissioning and Training
Services as identified in Attachment C of the Agreement dated February 18, 2015, and with the Florida
Department of Management Services Design Professional Guidelines; and
WHEREAS, the Director, Division of Historical Resources and State Historic Preservation Officer has
notified the County that the initial assessment of the existing Spottswood building "Old Monroe
County Sheriff Office" located at the site of the proposed Plantation Key Judicial Courthouse and
Detention Facility is eligible for listing in the National Register of Historic Places; and
Fifth Amendment to Agreement between CSA and Monroe County for P.K. Judicial Courthouse
WHEREAS, the Consultant requires the assistance of an Architectural Historian to provide further
analysis of the historic significance of the existing Spottswood building located at the site of the
proposed Plantation Key Judicial Courthouse and Detention Facility; and
NOW THEREFORE IN CONSIDERATION of the mutual promises obtained herein, the parties
hereby agree that the original Agreement shall be amended as follows:
In accordance with Article III, Exhibit C, of the Agreement, Consultant shall engage the
services of sub - consultants to provide architectural historian services for the existing
Spottswood building as follows:
A. Investigation
i. Research the State archives to determine if someone has added or attempted to add
this project to the State's master site file for historic structures.
ii. Travel to the site and perform an assessment of the structure to determine the historic
nature of the building and document the surrounding area. The report of the building
would follow the 2010 Guide to Historic Structures Form, Version 4.0, format, as
required by the Bureau of Historic Resources.
iii. Assemble documents of our findings inclusive of written and photographic
documentation to be assembled as appendices for the written report.
B. Reporting
L Consolidate findings in a report documenting what was discovered in the research
and an opinion of the building's historic significance, if any
C. Deliverables
i. Deliverables include printing and reproduction of reports which will be assembled
and bound either, as a spiral bound document or 3 -ring binder. Three (3) printed
copies and one (1) CD containing the completed report in a PDF format will be
provided.
2, Pursuant to section 7.3 of the Agreement, the County shall pay the Consultant monthly in
current funds for a percent complete of the sub - consultant's performance of the additional
services stated herein, a lump sum of Nine Thousand Six Hundred Fifty -Eight Dollars and
001100 ($9,658.00).
The remaining terms of the Agreement and as Amended, not inconsistent herewith, shall remain in full
force and effect.
Page 2 of 3
Fifth Amendment to Agreement between GSA and Monroe County for P.K. Judicial Courthouse
IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment on the date stated
above. Execution by the Consultant must be a person with Authority to bind the entity.
(Seal)
Attest KEVIN MADOK, CLERK
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Mayor/Chairman
Date: Date:
{Seal) ARCHITECT/ENGINEER
Attest: CURRIE SOWARDS AGUILA
ARCHITECTS, INC.
FLORIDA D EPARTMENT Of ST ATE
RICK SCOTT
Governor
South Florida Water Management District
3301 Gun Club Road
West Palm Beach, Florida 33406
KEN DETZNER
Secretary of State
November 8, 2017
RE: DHR Project File No.: 2017 -4668, Received by DHR: September 29, 2017,
Additional Information Received: October 9, 2017
Application No.: 170929 -2
Project: Plantation Key Courthouse and Detention Center
County: Monroe
To Whom It May Concern:
Our office reviewed the referenced project in accordance with Chapters 267.061 and 373.414, Florida
Statutes, and implementing state regulations, for possible effects on historic properties listed, or eligible
for listing, in the National Register of Historic Places (NRHP), or otherwise of historical, architectural or
archaeological value.
Based on the plans provided, it appears the proposed project will include demolition of the Monroe
County Public Works Building, also known as the Old Monroe County Sheriff Office. Our initial
assessment of the building suggests that it is eligible for listing in the National Register of Historic Places
based on its architecture and as an early municipal building on Plantation Key. Therefore, it is the opinion
of our office that the proposed activities may result in an adverse effect to historic properties. Our office
requests further consultation between the District, the applicant, and our office to consider measures to
avoid, minimize, or mitigate the adverse effect on the Monroe County Public Works Building.
If you have any questions, please contact Mercedes Harrold, Historic Preservationist, by email at
Mercedes. Harrold @dos.myflorida.coin, or by telephone at 850.245.6342 or 800.847.7278.
Sincerely, R,
Timothy A Parsons, Ph.D., RPA
Director, Division of Historical Resources
& State Historic Preservation Officer
Division of Historical Resources F
R.A. Gray Building • 500 South Bronough Street- Tallahassee, Florida 32399�l
850.245.6300 •850.245.6436 (Fax) FLHeritage.com
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Packet'Pg. 474
FOURTH AMENDMENT
TO THE AGREEMENT FOR PROFESSIONAL SERVICES
FOR THE
PLANTATION KEY JUDICIAL COURTHOUSE AND CIETENT'ION FACILITY
THIS FOURTH AMENDMENT (hereinafter "FOURTH AMENDMENT ") to the AGREEMENT
FOR PROFESSIONAL SERVICES BETWEEN OWNER AND CONSULTANT (the "Agreement ")
is made and entered this 17th day of January, 2018, between MONROE COUNTY ( "County ") and
CURRIE SOWARDS AGUILA ARCHITECTS, INC. ( "Consultant "), in order to amend the
Agreement between the parties dated February 18, 2015, as First Amended on May 20, 2015, as Second
Amended on October 21, 2015, and as Third Amended on May 17, 2017, as follows:
WITNESSETH
WHEREAS, on February 18, 2015, the parties entered into an Agreement for professional services to
design and permit the Plantation Key Judicial Courthouse and Detention Facility ( "Project "); and
WHEREAS, on May 20, 2015, the parties agreed to a First Amendment to the Agreement increasing
Consultant's scope of work to undergo a site plan review and approval process, which is a requirement
for the Village of Islamorada; and
WHEREAS, on October 21, 2015, the parties agreed to a Second Amendment to the Agreement to
provide a schedule of values for compensation that includes the Schematic Design, Design
Development, Construction Documents, Bidding and Permitting, and Construction Administration
phases; and
WHEREAS, on May 17, 2017, the parties agreed to a Third Amendment to the Agreement to provide
sub - consultant services for Civil Engineering, Landscape and Irrigation design, Voice /Data/ AV and
Security, Acoustics, Sustainable Design and Cost Estimating and include public records language
revisions in compliance with section 119.071 Florida Statues; and
WHEREAS, the consultant requires the assistance of sub - consultants for the Interior Design and
Building Commissioning and Training Services as identified in Attachment C of the Agreement dated
February 18, 2015, and with the Florida Department of Management Services Design Professional
Guidelines. These services are considered necessary for the Scope of Services for the completion of
the design through construction of the Project; and
NOW THEREFORE IN CONSIDERATION of the mutual promises obtained herein, the parties
hereby agree that the original Agreement dated February 18, 2015, shall be amended as follows:
1. In accordance with Article III, paragraph 3.2 of the Agreement, Consultant shall engage the
services of sub - consultants to incorporate their design in the preparation of bid and permit
Page 1 of 4
documents, including construction documents, specifications, and permit assistance needed to
construct the project through Certificate of Occupancy and final Owner acceptance.
Sub - consulting services will be required for Interior Design, Building Commissioning and
Training Services.
a. Interior Design (ID):
Design Phase
• ID consultant will meet with Architect to analyze functional, organizational
and budgetary needs for the Project. ID consultant will discuss the desired
image and guidelines for the Project.
• ID consultant will prepare schematic plans showing floor patterns and wall
finishes. ID consultant will present the proposed finishes and window
treatments based on programming requirements, budget considerations and ID
consultant's recommendation for style and quality.
• Deliverables for this Phase include:
• Meetings with Architect to present and finalize design direction.
• Generic finishes in loose presentation format.
• Rendered schematic floor covering and wall finish plans for
presentation boards.
• Key interior elevations, rendered in Photoshop (utilizing existing
Client drawn elevations), as required for presentation boards.
• Up to a total of four (4) Presentation Boards.
Construction Administration Phase
• ID consultant will review design intent with Architect before Architect
prepares final documents.
• Deliverables for this Phase include:
• Redline/ review of interior design specifications, prepared by Architect.
• Review all interior design submittals concurrently with Architect.
• ID consultant will be available for concurrent Construction Administration
assistance as needed.
b. Building Commissioning and Training Services:
C 0 In III issiot in
Fundamental Commissioning — The Commissioning Authority (CxA) will provide the
following:
• Designate an individual as the Commissioning Authority (CxA) to lead, review
and oversee the completion of the commissioning process activities.
• The individual serving as the CxA is independent of the project's design
and construction management team.
• The CxA will report results, findings, and recommendations directly to the
Architect and Owner.
Page 2 of 4
• Aid the Architect and Owner to prepare the Owner's Project Requirements
(OPR). The design team will develop the Basis of Design (BOD). The CxA
will review both of these documents for clarity and completeness.
• The CxA will develop and incorporate commissioning requirements into the
construction documents, with the assistance of and in collaboration with the
design team.
• The CxA will develop and implement the commissioning plan. An initial
preliminary commissioning plan will be developed during the design
development phase, and reviewed with the entire design and construction team
to achieve buy -in from all team members. The commissioning plan will be
updated throughout the course of design and construction phases.
• The CxA will conduct and lead periodic commissioning meeting with the
O /A /E /C team. In general, these meeting will be held on the same day as
regularly scheduled construction meetings, so as not to cause excessive
numbers of additional meetings for the team.
• The CxA will conduct periodic site observation visits to review the installation
of systems being commissioned and witness some equipment start up.
• The CxA will lead the team in the functional performance testing phase and
will verify the installation and performance of each of the systems to be
commissioned.
• The CxA will complete a summary commissioning report.
Sys tems to be commissioned
The Commissioning process activities shall be completed for the following energy -
related systems:
• All Heating, Ventilating, Air Conditioning (HVAC) systems (mechanical and
passive) and associated control system(s).
• Lighting and daylighting controls.
• Domestic hot water systems.
• On -site renewable energy systems.
• Process and refrigeration equipment will NOT be commissioned.
2. The County shall pay the Consultant monthly in current funds for a percent complete of each
sub - consultant's performance, a lump sum of Fifty -Seven Thousand Seven Hundred Fifty
Dollars and 00 /100 ($57,750.00) as follows:
Interior Design $27,500.00
Building Commissioning and Training Services $30,250.00
Total $57,750.00
Page 3 of 4
The remaining terms of the Agreement for Plantation Key Judicial Courthouse and Detention Facility
dated February 18, 2015, and as Amended, not inconsistent herewith, shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment on the date stated
above. Execution by the Consultant must be a person with Authority to bind the entity.
(Seal) BOARD OF COUNTY COMMISSIONERS
Attest KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
(Seal) Gv stssturt# F 143788 ARCHITECT /ENGINEER
Attest: ,,�'� CURRIE SOWARDS AGUILA TN' ARCHITECTS, INC.
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Title:
Date. Date:
MONROE COUNTY ATTORNE ,
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APPRO D S TO FORM
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ASSISTANT 0 LINTY ATTORNE
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Page 4 of 4
THIRD AMENDMENT
TO THE AGREEMENT FOR PROFESSIONAL SERVICES
FOR THE
PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY
THIS THIRD AMENDMENT (hereinafter "THIRD AMENDMENT ") to the
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND
CONSULTANT (the "Agreement ") is made and entered this 17 day of May, 2017,
between MONROE COUNTY ( "County ") and CURRIE SOWARDS AGUILA
ARCHITECTS, INC. ( "Consultant "), in order to amend the Agreement between the
parties dated February 18, 2015, as First Amended on May 20, 2015, and as Second
Amended on October 21, 2015, as follows:
WITNESSETH
WHEREAS, on the 18th day of February, 2015, the parties entered into an Agreement for
professional services to design and permit the Plantation Key Judicial Courthouse and
Detention Facility; and
WHEREAS, on the 20 day of May, 2015, the parties agreed to a First Amendment to the
Agreement increasing Consultant's scope of work to undergo a site plan review and
approval process which is a requirement for the Village of Islamorada; and
WHEREAS, on the 21" day of October 2015, the parties agreed to a Second Amendment
to the Agreement to provide a schedule of values for compensation that includes the
Schematic Design, Design Development, Construction Documents, Bidding and
Permitting, and Construction Administration phases; and
WHEREAS, Additional Services are services not included in the Scope of Basic
Services and are typically furnished beyond the Agreement for Professional Services and
have additional fees and expenses negotiated based on the specific scope of services; and
WHEREAS, the following services are considered Additional to Basic Services and are
in accordance with Attachment C of the Agreement dated February 18, 2015, and with
the Florida Department of Management Services Design Professional Guidelines. These
services are considered necessary for the Scope of Services for the completion of the
design through construction of the Plantation Key Courthouse and Detention Center:
Civil Engineering Design, including Paving /Grading /Utilities /Drainage; Landscape
Architectural & Irrigation Design; Voice/Data Communications, Electronic & AV,
Security; Acoustics; Sustainable Design Consultant (FGBC); and Cost Estimating; and
WHEREAS, County desires to revise language in its contractors and /or agreements for
Public Records compliance in accordance with Chapter 119 of the Florida Statutes
pursuant to legislative revisions to § 119.0701 which became effective March 8, 2016,
and any subsequent changes thereto; and
NOW THEREFORE, IN CONSIDERATION of the mutual promises contained herein,
the parties hereby agree that the original Agreement dated February 18, 2015, shall be
amended as follows:
1
Plantation Key Judicial Courthouse and Detention Facility r--
1. In accordance with Article III, paragraph 3.2 of the Agreement dated February 18,
2015 Consultant shall engage in the services of sub - consultants to incorporate
their design in the preparation of bid and permit documents, including
construction documents, specifications, and permit assistance needed to construct
the project through Certificate of Occupancy and final Owner acceptance. Sub -
consulting services will be required for Civil Engineering, Landscape and
Irrigation design, Voice /Data/AVand Security, Acoustics, Sustainable Design and
Cost Estimating.
2. Sub - consultant services shall be invoiced at the actual fees paid by the Consultant,
plus an additional ten percent (10%) of the cost of these services to compensate
Consultant for the procuring and management of the sub - consultant, and for the
other financial and administrative costs.
3. The County shall pay the Consultant monthly in current funds for a percent
complete of each sub - consultant's performance, a lump sum of Two Hundred
Ninety Five Thousand Seven Hundred Ninety Dollars and 00 /100 ($295,790.00)
as follows:
Civil Engineering Design, including Paving /Grading /Utilities /Drainage $119,900.00
Landscape Architectural & Irrigation Design 21,670.00
Voice /Data Communications, Electronic & AV, security 74,800.00
Acoustics 20,680.00
Sustainable Design Consultant (FGBC) 33,990.00
Cost Estimating 24,750.00
Total $295,790.00
4. Article 9.21, Public Access, of the Agreement dated February 18, 2015 shall be revised as
follows with the aforementioned Consultant referred to herein also as "Contractor" for
this provision only:
Public Records Compliance. Contractor must comply with Florida public
records laws, including but not limited to Chapter 119, Florida Statutes and
Section 24 of article I of the Constitution of Florida. The County and Contractor
shall allow and permit reasonable access to, and inspection of, all documents,
records, papers, letters or other "public record" materials in its possession or
under its control subject to the provisions of Chapter 119, Florida Statutes, and
made or received by the County and Contractor in conjunction with this contract
and related to contract performance. The County shall have the right to
unilaterally cancel this contract upon violation of this provision by the Contractor.
Failure of the Contractor to abide by the terms of this provision shall be deemed a
material breach of this contract and the County may enforce the terms of this
provision in the form of a court proceeding and shall, as a prevailing party, be
entitled to reimbursement of all attorney's fees and costs associated with that
proceeding. This provision shall survive any termination or expiration of the
contract.
The Contractor is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision.
2
Plantation Key Judicial Courthouse and Detention Facility r--
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County
with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law for the duration of the contract term and following completion of the contract
if the contractor does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records that
would be required by the County to perform the service. If the Contractor
transfers all public records to the County upon completion of the contract, the
Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract,
the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the County, upon request
from the County's custodian of records, in a format that is compatible with the
information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract
must be made directly to the County, but if the County does not possess the
requested records, the County shall immediately notify the Contractor of the
request, and the Contractor must provide the records to the County or allow the
records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the
County shall enforce the public records contract provisions in accordance with the
contract, notwithstanding the County's option and right to unilaterally cancel this
contract upon violation of this provision by the Contractor. A Contractor who
fails to provide the public records to the County or pursuant to a valid public
records request within a reasonable time may be subject to penalties under Section
119. 10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise
dispose of any public records unless or otherwise provided in this provision or as
otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119 FLORIDA STATUTES TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT CONTACT
THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY
AT PHONE# 305- 292 -3470 BRADLEY -
3
Plantation Key Judicial Courthouse and Detention Facility
BRIAiN @MONROECOUNTY- FL.GOV MONROE COUNTY
ATTORNEY'S OFFICE 1111 12 S treet, SUITE 408 KEY
WEST FL 33040.
The remaining terms of the Agreement for Plantation Key Judicial Courthouse and
Detention Facility dated February 18, 2015, and as First Amended on May 20, 2015, and
as Second Amended on October 21, 2015, not inconsistent herewith, shall remain in full
force and effect.
WHEREOF, the parties hereto have executed this Amendment on the date
MADOK, CLERK
Dclauty Clerk
BOARD OF COUNTY COMMISSIONERS OF
MO RON.� COUNTY, FLORIDA
By, l
Mayor /Chairman
ARCHITECT/ENGINEER
CURRIE SO 'ARDS AGUILA ARCHITECTS
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By: � �
Title-,_
MONROE COUNTY ATTORNEY'S OFFICE
A PRt�VEI AST F R
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PATRICIA EABLES
ASSISTANT COUNTY ATTORNEY
DATE: q. - "
4
Plantation Key Judicial Courthouse and Detention Facility �—
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Kevin Madok, cPA
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
DATE: May 26, 2017
TO: Cary Knight, Interim Director
Project Management
VIA: Tammy Sweeting
Executive Assistant
FROM: Pamela Hanc+3cl � C.
SUBJECT: May 17 BOCC Meeting
Enclosed is a duplicate original of Item C40, Third Amendment to the Agreement for
Professional Services with Currie Sowards Aguila Architects, Inc. for the design through
construction administration of the Plantation Key Judicial Courthouse and Detention Facility, in
the amount of $295,790.00, for your handling.
Should you have any questions, please feel free to contact me at extension 3130.
cc: County Attorney
Finance
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305 - 294 -4641 305 - 289 -6027 305 -852 -7145
50 High Point Road
Plantation Key, Florida 33070
305- Packet 'Pg. 483
SEC OND AMEND
TO THE AGREEMENT FOR PR OFESSIONAL r
F
PLANTATION KEY JUDICIALgOPIRIJIff"AR
3 I
WHEREAS, on February 18, 2015, the parties entered into an Agreement for
professional services to design and permit the Plantation Key Judicial Court House and
Detention Facility; and
WHEREAS, on May 20, 2015, the parties agreed to a First Amendment to the Agreement
increasing Consultant's scope of work to undergo a site plan review and approval process
which is required by the Village of Islamorada; and
WHEREAS, it is customary that the Consultant's fee for basic services is paid monthly,
in accordance with a schedule of each phase, to include Schematic Design, Design
Development, Construction Documents, Bidding and Permitting, and Construction
Administration phases; and
WHEREAS, the original Agreement dated February 18, 2015, does not include this
payment schedule of each phase; and
NOW THEREFORE, IN CONSIDERATION of the mutual promises contained herein,
the parties hereby agree that the original Agreement dated February 18, 2015, shall be
amended as follows:
1. Article VII paragraph 7.2.1 shall be amended to include sub-paragraph (C) that
provides a schedule of values for Consultant's compensation total not to exceed a price of
Eight Hundred Seventy Five Thousand Dollars and No Cents ($875,000.00) as follows:
(C) For its assumption and performances of the duties, obligations and
responsibilities set forth herein, the Consultant shall be paid monthly, in accordance with
the following schedule:
• Schematic Design
15%
$131,250.00
• Design Development
20%
$175,000.00
• Construction Documents
40%
$350,000.00
• Bidding and Permitting
5%
$43
• Construction Administration
20%
$175,000.00
Total
$875,000.00
The remaining terms of the Agreement for Plantation Key Judicial Court House and
Detention Facility dated February 18, 2015, and as First Amended on May 20, 2015, not
inconsistent herewith, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date
Title. - PI-7 W—
Witness
FI AMEN
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THIS FIRST AMENDMENT (herein after "AMENDMENT ") to the AGREEMENT
FOR PROFESSIONAL SERVICES BETWEEN OWNER AND CONSULTANT (the
"Agreement ") is made and entered this 20"' day of May, 2015 between MONROE COUNTY
( "County ") and CURRIE SOWARDS AGUILA ARCHITECTS, INC. ( "Consultant "), in order to
amend the Agreement between the parties dated February 18"', 2015 as follows:
WITNESSETH
WHEREAS, on the 18th day of February, 2015 the parties entered into an Agreement for
professional services to design and permit the Plantation Key Judicial Court House and Detention
Facility; and
WHEREAS, Consultant's fee was calculated using the guidelines set forth in the State of Florida
Department of Management Services Design Professional Fee Guidelines; and
WHEREAS, such State of Florida Guidelines identify Additional Services that are not part of the
Basic Services on which the initial architectural fee is calculated, and are incorporated into the
original Agreement dated February 18"', 2015; and
WHEREAS, Site DRI (Development and Regional Impact) and PUD (Planning Unit
Development) Review and /or zoning modifications are considered Additional Services in
accordance with Attachment C of the Agreement and with the Florida Department of
Management Services Design Professional Guidelines; and
WHEREAS, the Village of Islamorada is requiring the County to undergo the site plan review
and approval process which includes meetings with staff, drawings and specifications, application
forms, coordination with an electrical engineer, landscape architect, and biologist; and
NOW THEREFORE, IN CONSIDERATION of the mutual promises contained herein, the
parties hereby agree that the original Agreement dated February 18, 2015 shall be amended as
follows:
SC OPE A. O'
Consultant to provide the disciplines to include architectural, electrical engineering, civil
engineering, and landscape architecture to prepare required drawings, exhibits, and application
forms as required to obtain a site plan approval through the Village of Islamorada. The following
items are included as necessary elements for submission and successful completion for Site Plan
Approval:
• Attendance at the required pre - application meeting with the Village of Islamorada staff.
• Preparation of required application forms.
• Preparation and distribution of the final Site Plan.
• Preparation of Floor Plans for proposed buildings and floor levels.
• Preparation of exterior building elevations.
• Preparation of colored renderings for presentations to public and boards.
• Biologist who will prepare tree and vegetation mitigation and disposition plans.
• Landscape architect for the preparation of landscape and irrigation plans.
• Site lighting plan and photometrics.
• Traffic Engineering for the required Level 3 traffic report
• Civil engineer for the preparation of preliminary potable water, sanitary sewer, site
paving and drainage systems.
• Coordination with any agencies and utility service providers that may have an impact on
the project.
• Attendance at meetings with Village staff, client, utility providers, residents, and other
groups as required by the process.
• Response to comments raised by Village staff and resubmittal of revised documents as
needed.
• Upon completion, deliver a formal response to County from the Village of Islamorada
that site plan approval has been achieved.
Any other requirement by the Village of Islamorada not initially anticipated may be requested by
the County at an additional fee.
B. COUNTY'S RESPONSIBILITIES
If required, County to provide site survey, topographic survey, and geotechnical testing. County
to begin preparing a Unity -of -Title as required by the Village of Islamorada.
C: PAYMENTS
Payments for Professional Services for the scope of work above shall be a lump sum fee of Fifty
Seven Thousand Five Hundred Dollars and No Cents ($57,500.00) including all travel and
reproduction costs. Invoicing shall be monthly by a percentage of completion basis. Any
submittal fees for pre - application and site plan approval, as well as any other review applications
required, shall be paid for by the County as a reimbursable expense to the Consultant.
D: SCHEDULE
The Architect shall perform its services as expeditiously as is consistent with professional skill
and care and the orderly progress of the work.
i >-
The reinaining terms of the Agreement for Plantation Key Judicial Cotirt 1"lottse and Detentio am g _J "'
Facility dated February 18, 2015 not inconsistent herewith, shall remain in lull force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date stated < �� "
above.
s
Attest: AMY 1l AVILIN CPA, C l BOARD OF COUNTY ®� y
COMMISSIONERS OF MONROE
By: } COUNTY, FLORIDA X a _
,r (C 1'�;— r,
M r /Chairiaian
ARCHITECT /ENGINEER
CURRIE SOWARDS AGUILA ARCHITECTS
By:
Title:
7
AGREEMENT FOR
Plantation Key Judicial Court House and Detention Facility
This Agreement ( "Agreement ") made and entered into this 18 day of February 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 "),
AND
Currie Sowards A uila Architects _Inc., a Corporation of the State of Florida whose address is
185 NE 4th Avenue Suite 101, Delray Beach, FL 33483 its successors and assigns, hereinafter
referred to as "CONSULTANT ",
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of CONSULTANT to
design and permit the Plantation Key Judicial Court House and Detention Facility Project, that
will provide Judicial Courtroom spaces, Detention Facility and Tenant spaces for the Monroe
County 16 Judicial Circuit, Florida State Attorney, Monroe County Drug Courts, Monroe County
Clerk of the Court, Monroe County Sheriffs, State Attorney and Monroe County Facilities
Management; and
WHEREAS, CONSULTANT has agreed to provide professional services which shall
include but not be limited to providing: concepts, construction drawings and specifications, all
documents required to submit for and secure all permits necessary to complete the project and
hold a minimum of three informational hearings with the public and monthly project meetings
with the tenants for Plantation Key Judicial Court House and Detention Facility Project, referred
to as the "Project ";
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:
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
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.
Page 1 of 34
1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such
a manner that they shall be accurate, coordinated and adequate for use in verifying work
completed and 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
Agreement will be adequate and sufficient to document costs in a manner that is
acceptable for reimbursement by government agencies, therefore eliminating any
additional cost due to missing or incorrect information;
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 provide an approved schedule for Schematic and Document design
Phases. Any deviation from the approved schedule must be approved in writing by
Monroe County Project Management
ARTICLE 11
SCOPE OF BASIC SERVICES
2.1 DEFINITION
CONSULTANT'S Scope of Basic Services consists of those described in Attachment A. The
CONSULTANT shall commence work on the services provided for in this Agreement promptly
upon his receipt of a written Notice to Proceed from the COUNTY.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The CONSULTANT shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its sub -
consultants, or both
2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. Any notice required or permitted under this agreement
Page 2 of 34
shall be in writing and hand delivered or mailed, postage pre -paid, to the COUNTY by certified
mail, return receipt requested, to the following:
Doug Sposito
Monroe County Project Manager
1100 Simonton Street, Room 2 -216
Key West, Florida 33040
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2 -205
Key West, Florida 33040
For the Consultant:
Mr. Jose N. Aguila, AIA
Currie Sowards Aguila Architects, Inc.
185 NE 4 th Avenge, Suite 101
Delray Beach, FL 33483
ARTICLE III
ADDITIONAL SERVICES
3.1 Additional services are services not included in the Scope of Basic Services (Attachment
C Additional Services). Should the COUNTY require additional services they shall be
paid for by the COUNTY at rates or fees negotiated at the time when services are
required, but only if approved by the COUNTY before commencement.
3.2 If Additional Services are required the COUNTY 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
amendment to the Agreement and a notice to proceed from the COUNTY, shall the
CONSULTANT proceed with the Additional Services. ( See Attachment C)
3.3 Additional Services to be considered a part of this Agreement with fees to be negotiated
when services are required include:
1. Programming, as defined in Attachment "A" sections 1.1.6 -1.1.9
2. Threshold /CEI Inspection plan
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the Project
including physical location of work, county maintained roads, maps.
Page 3 of 34
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with
respect to the Project. The COUNTY or its representative shall render decisions in a
timely manner pertaining to documents submitted by the CONSULTANT in order to
avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S
services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware of any fault or defect in the Project or non-
conformance with the Agreement Documents. Written notice shall be deemed to have
been duly served if sent pursuant to paragraph 2.3.
4.4 The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
CONSULTANT'S services and work of the contractors.
4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its sub -
consultants shall be solely for the purpose of 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.
4.6 The COUNTY shall provide copies of necessary documents required to complete the
work.
4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has
immediate access to will be provided as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
5.1 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
Page 4 of 34
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 actjon 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.
5.5 This indemnification shall survive the expiration or early termination of the Agreement.
ARTICLE VI
PERSONNEL
6.1 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
Currie Sowards Aguila Architects
PGAL
TLC
McCarthy & Associates
Kimley -Horn & Associates
Curtis + Rogers Design Studio
ED +A
FUNCTION
Project Architect
Design Consultant
MEP Design Consultant
Structural Engineering
Civil Engineering
Landscape Design
Acoustics
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 VII
COMPENSATION
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for a percent
complete of each phase of the CONSULTANT'S performance of this Agreement based
on a schedule of values provided by the Consultant with the Total Not to Exceed an
Amount of 7.0% of $12,500,000.00 or Eight Hundred Sev Five Thousand Dollars
and No Cents. An adjustment will be made in Consultant Fee percentage and for actual
construction costs at the end of the project based upon the State of Florida Department
on Management Services Design Professional Fee Guidelines.
7.2 PAYMENTS
Page 5 of 34
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 and reimbursable expenses due hereunder. 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 at the COUNTY may require.
7.3 REIMBURSABLE EXPENSES
a. Fees paid for securing approval of authorities having jurisdiction over the project.
b. The cost of additional signed and sealed drawings beyond the amount required
in Attachment A, if ordered in writing by the County.
c. Additional Services not covered in Basic services listed in Attachment C.
7.4 BUDGET
7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to
pay, any fees or expenses in excess of the amount budgeted for this contract in each
fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners.
The budgeted amount may only be modified by an affirmative act of the COUNTY's
Board of County Commissioners.
7.4.2 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.
ARTICLE VIII
INSURANCE
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.
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of
VI or better, that is licensed to business in the State of Florida and that has an agent for
service of process within the State of Florida. All insurance policies must specify that
they are not subject to cancellation, non - renewal, material change, or reduction in
Page 6 of 34
coverage unless a minimum of thirty (30) days prior notification is given to the County by
the insurer. The Monroe County Board of County Commissioners, its employees and
officials will be included as "Additional Insured" on all policies, except for Workers'
Compensation. In addition, the County will be named as an Additional Insured and Loss
Payee on all policies covering County -owned property.
8.3 CONSULTANT shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida, sufficient to
respond to Florida Statute 440.
B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000
Disease, policy limits, $1,000,000 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 $1,000,000 per Occurrence or $1,000,000 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 sub - consultants, including Premises and /or Operations, Products
and Completed Operations, Independent Contractors; Broad Form Property Damage
and a Blanket Contractual Liability Endorsement with $1,000,000 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. Professional liability insurance of $2,000,000 per occurrence and $4,000,000 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 sub - consultants 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 sub - consultants.
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.
Page 7 of 34
I. If the CONSULTANT participates in a self- insurance fund, a Certificate 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
9.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The Drawings, Specifications and other documents prepared by the Consultant for this
project are instruments of the Consultant's service for use solely with respect to this
project. The Consultant shall be deemed the author of these documents and shall retain
all common law, statutory and other reserved rights. Consultant's Drawings,
Specifications and other documents shall not be used by the County or others on other
projects, except by agreement in writing. The Consultant's Drawings and Specifications,
and other documents, may be used for completion of this project by others.
9.3 SUCCESSORS AND ASSIGNS
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.
9.4 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or
any rights in favor of, any third party.
9.5 TERMINATION
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.
9.6 CONTRACT DOCUMENTS
Page 8 of 34
This contract consists of the Request for Qualifications, any addenda, this Agreement,
the CONSULTANT'S response to the RFQ, the documents referred to in the Form of
Agreement as a part of this Agreement, and attachments "A ", "B ", "C ", "D" and
modifications made 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,
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period 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 sub - consultant 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 CONSULTANT has been placed
on the convicted vendor list.
CONSULTANT will promptly notify the COUNTY if it or any subcontractor or sub -
consultant is formally charged with an act defined as a "public entity crime" or
has been placed on the convicted vendor list.
9.8 MAINTENANCE OF RECORDS
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
Page 9 of 34
together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running
from the date the monies were paid by the COUNTY.
9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
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 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.
9.10 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.
9.11 ATTORNEY'S FEES AND COSTS
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 the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, and court costs, as an award against the non - prevailing
party, and shall include attorney's fees, and courts costs in appellate proceedings.
9.12 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 assigns.
9.13 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
Page 10 of 34
9.14 CLAIMS FOR FEDERAL OR STATE AID
CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement;
provided that all applications, requests, grant proposals, and funding solicitations shall
be approved by each party prior to submission.
9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each
of the parties. If no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue or issues shall be discussed at a public meeting of the Board of
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 of paragraph 9.5 concerning termination or cancellation.
9.16 COOPERATION
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement, COUNTY
and CONSULTANT agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement.
COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be
required to enter into any arbitration proceedings related to this Agreement.
9.17 NONDISCRIMINATION
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
jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order.
CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and
all local ordinances, as applicable, relating to nondiscrimination. These include but are
not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685 - 1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990
Page 11 of 34
(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.
9.18 COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict 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 Agreement.
9.19 CODE OF ETHICS
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; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
9.20 NO SOLICITATION /PAYMENT
The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not paid or agreed
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
shall have the right to terminate this Agreement without liability and, at its discretion, to
offset from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
9.21 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.
The CONSULTANT is required under Chapter 119, Florida Statutes to:
A. Keep and maintain public records that ordinarily and necessarily would be
required by the public agency in order to perform the service.
B. Provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that
Page 12 of 34
does not exceed the cost provided in this chapter 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 the
public agency 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 the public agency in a format that is
compatible with the information technology systems of the public agency.
9.22 NON - WAIVER OF IMMUNITY
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.
9.23 PRIVILEGES AND IMMUNITIES
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 apply 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.
9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES
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.
9.25 NON - RELIANCE BY NON - PARTIES
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
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
Page 13 of 34
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.
9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION
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
the execution of a truth in negotiation certificate stating that wage rates and other factual
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.
9.27 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement 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
accountability by reason of the execution of this Agreement.
9.28 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
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.
9.29 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the
COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with COUNTY funds under this Agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The COUNTY and its
CONSULTANT agree to ensure that DBE's have the opportunity to participate in 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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IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
vUPULY %.IVIR
Date: ® o
(Seal)
Attest:.
Witness:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
B: •
Y
Mayor /CIZ5rma
END OF AGREEMENT
MONK, E COUNTY ATTOR
AiC�" D AS TO FO
NAT i E N'l T° �./ C,AQSEL
5819TANT COUNTY o �:TTI RNEY
Page 15 of 34
ATTACHMENT A
Consultant Scope of Services
1.1 SCOPE
1.1.1 Professional services shall include, but not be limited to: Holding and conducting
informational hearings with the public and relevant agencies, holding monthly progress
meetings with the tenants and Monroe County Engineering staff. Preparation and completion of
the design Program (See 1.1.6- 1.1.9) for conceptual site plan, parking, vehicular access, space
requirements and relationships, schematic design, acoustical court room design, ADA
compatible design for interiors and exteriors, 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 onsite observations during construction, process shop
drawings, recommend approval of contractor invoices, preparation of all construction documents
required to submit for and secure all permits necessary to complete the, zoning applications,
public presentations and presentations to the County Commission.
1.1.2 The purpose of the Consultants professional observations shall be to determine the
quality and quantity of the work in comparison with the requirements of the Construction
Contract. In making such observations, the CONSULTANT shall protect the Owner from
continuing deficient or defective work, from continuing unexcused delays in the schedule and
from overpayment to the Contractor. Following each - observation, the CONSULTANT shall
submit a written report of such observation, together with any appropriate comments or
recommendations to the Owner.
1.1.3 The design shall include, but shall not necessarily be limited to, plans and specifications
which describe all systems, elements, details, components, materials, equipment, and other
information necessary to bid the project. The design shall be accurate, coordinated and in all
respects adequate for construction and shall be in conformity, and comply, with all applicable
law, codes, permits, and regulations. Products, equipment and materials specified for use shall
be readily available unless written authorization to the contrary is given by the County.
1.1.4 The design will provide site boundary selection and definition within the survey provided
by Monroe County, Judicial Court Room spaces, and Detention Facility and Tenant spaces for:
Monroe County 16 Judicial Circuit„ Florida State Attorney, Monroe County Drug Courts,
Monroe County Clerk of the Court, and Monroe County Sheriffs, State Attorney and Monroe
County Facilities Management.
1.1.5 The building will meet or exceed Florida Green Building Coalition (FGBC) standards and
meet requirements for minimum certification by the FGBC.
1.1.6 Beginning with the Pre - Design phase and continuing until the project as- built's are
complete; the Consultant with input from the Tenants and Monroe County Project Management
shall develop and periodically update an Owner's Project Requirements (OPR) document and a
Basis of Design (BOD) document. These two documents together shall constitute the Program
and provide a complete description of the project's design intent. They may be submitted for
Owner's review as two separate sections of one design intent document.
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The OPR is an inclusive, detailed description of Monroe County and its Tenants goals and
requirements for the project, and Monroe County's expectations on how the project will be used
and operated.
The BOD is an inclusive, detailed description of the Design Team's concepts, assumptions,
calculations, decisions, product selections and operating conditions to meet the Owner's project
requirements and to satisfy applicable codes, standards and guidelines. It shall be formatted to
coordinate with and respond to the OPR.
These two documents will be benchmarks by which the completeness, adequacy and
acceptability of the project will be judged. They will be the standards by which the project will be
commissioned. They will answer Owner questions after occupancy, and they will be the
foundation for maintenance programs and future renovation projects.
1.1.7 The OPR shall include at least the following information:
a. Summary description of the building (functions of building, high or low rise, use and
occupancy classifications, anticipated hours of operation, etc.).
b. Project goals, assumptions, and known limitations.
c. Building and site accessibility, architectural, landscaping and aesthetics goals.
d. Building and site flexibility and expandability requirements (spare capacities, hurricane
survivability, reliability, redundancy, back -up power and utilities, etc.).
e. Operational assumptions (maximum occupancy on a room -by -room and aggregate
basis), occupancy schedules, special activities, building diversity, potential future uses,
potential future renovations, etc.).
f. Building envelope performance criteria.
g. Environmental and sustainability goals.
h. Energy and water conservation goals.
i. Indoor services and technology requirements (Detention and Court Room classifications,
environmental room conditions, furniture, communications, data, security, card access
control, audio /visual, acoustical etc.).
j. Space -by -space design requirements (temperature, humidity, air change rates, room
pressurization, sound level limits, light levels, glare limits, vibration criteria, EMF
shielding, etc.).
k. Space -by -space equipment heat/cool loads and utility needs (water, gases, power, data,
grounding, security etc.).
I. Anticipated types, classifications, and quantities of hazardous materials to be contained
within the building.
m. Architectural, mechanical and electrical systems operation and maintenance
expectations.
n. HVAC, lighting and audio /visual controls expectations.
o. Summary of sole- sourced systems and equipment.
p. Summary of Owner - furnished and Owner - installed equipment.
q. Occupant and Maintenance training requirements.
r. Project schedule.
s. Project budget. Monroe County Project Manager will determine whether budget
information should be included in the OPR or provided separately.
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1.1.8 The BOD shall include at least the following information:
a. Project background required to understand the design, including goals, requirements
and decisions which significantly affect the design.
b. Regulatory, site, schedule and budget limitations which affect the design.
c. Codes, standards and guidelines applicable to the project.
d. Code analysis describing code requirements specific to the project, e.g. Detention
security systems, ADA accessibility, special fire protection requirements, etc.
e. Requirements of governing agencies (City, State, Monroe County, etc.).
f. Climate, site, and utilities information.
g. Architectural, mechanical and electrical systems descriptions (construction
classifications, design loads, fire separations, base and spare capacities, redundancy,
flexibility, back -up power, sub - metering, etc.).
h. Outdoor summer and hurricane design conditions.
i. Design assumptions (occupancy schedules, temperature, humidity, air change rates,
room pressurization, sound level limits, light levels, glare limits, vibration criteria, EMF
shielding, heat loads, water, gases, power, data, grounding, hazardous materials being
stored, etc. for spaces not indicated in the OPR.
j. Systems and equipment sequences of operation.
k. Load calculations descriptions, including assumptions, software used, etc.
I. Architectural, mechanical and electrical systems operation and maintenance
requirements.
m. Existing Court House Facility Assessment Report list marked to indicate tasks included
(if any) in the project.
n. Appendices
• Documentation of Energy and Water Conservation
• Energy Impact Statement
• Soils and utility services reports.
• Building load calculations.
• Systems and equipment sizing calculations.
• Light level and watts /square foot calculations.
• Effluent, dispersion, noise, vibration, and other studies.
1.1.9 Development and Updating
Develop the OPR and BOD by expanding the project's program and design concept report.
Update them as the project goals and requirements are defined and clarified. Submit them at
the end of the Schematic Design, Design Development and Construction Document phases
along with the other Design Deliverables. Submit a final BOD after Project Award and after
incorporation of the bid alternates. Each update shall incorporate new and revised project
information including:
• Progress in project design.
• Changes in project goals.
• Changes in project scope.
• Code interpretations.
• Input from Tenants, Construction Managers and Contractors.
• Input from Monroe County Facilities Maintenance, Department of Public Safety,
FDOT, etc.
• Architectural, mechanical and electrical design coordination meetings.
• Value engineering sessions.
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• Test reports on existing conditions.
• Design calculations.
• Equipment selections.
• The final power system short circuit, protective device coordination and arc flash
hazard study including the electronic data file for long term updating by the
Owner.
• Energy and water conservation calculations and modeling.
• Sound, effluent, dispersion, CFD, vibration, and other Acoustic studies.
• Bid Alternates and Owner's Options.
• A list of all design deviations from Monroe County Project Management Design
requirements.
• A list of all uncompleted Facility Assessment Report items (if any) within the
project boundary.
2.1 DEFINITION OF BASIC SERVICES
2.1.1 CONSULTANT's Basic Services consist of those described in Paragraphs 2.2 through
2.8, and other services identified as part of Basic Services, and include normal architectural,
structural, mechanical, and electrical engineering services.
2.1.2 The Design for Construction shall include, but shall not necessarily be limited to, plans
and specifications which describe all systems, elements, details, components, materials,
equipment, and other information necessary for construction. The Design for Construction shall
be accurate, coordinated and in all respects adequate for construction and shall be in
conformity, and comply, with all applicable law, codes, permits, and regulations. Products,
equipment and materials specified for use shall be readily available unless written authorization
to the contrary is given by the Owner.
2.1.3 The CONSULTANT will hold monthly Progress meetings in Key West for the duration of
the contract, unless otherwise agreed to in writing by Monroe County Engineering, and take
meeting notes. Copies of these notes will be provided to the County in a timely manner.
2.1.4 If Construction costs exceed the CONSULTANT estimate by more than 10% the
CONSULTANT will revise all drawing and specifications at no additional charge to the County.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The CONSULTANT shall review the Program, schedule and construction budget
furnished by the Owner to ascertain the requirements of the Project and each of the tenants and
shall arrive at a 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, spaces, sustainable systems, 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.
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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 After completion of the 25% Schematic Design Phase the CONSULTANT will hold an
informational meeting with the public explaining the conceptual site layout and design progress,
answer questions and address concerns.
2.2.7 After completion of the 75% Schematic Design Phase the CONSULTANT will hold an
informational meeting with the public explaining the final conceptual site layout and design
progress, answer questions and address concerns.
2.2.8 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 Monroe County's Project
Management Department's information.
2.2.9 The Schematic Design must be approved in writing, by the Owner prior to
CONSULTANT continuing to the Design Development Phase.
2.3 SCHEMATIC DESIGN PHASE REQUIREMENTS
2.3.1 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 as billed as a reimbursable
expense if that service is performed by additional consultants after the Owner's written approval.
The CONSULTANT shall perform the following design phase tasks:
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.
C. Electrical Design /Documentation services during the Schematic Design Phase
consisting of consideration of alternate systems, recommendations regarding
basic electrical materials, systems and equipment, analyses, and development of
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conceptual design solutions for: power service and distribution, lighting,
telephones, fire detection and alarms, security systems, electronic
communications, special electrical systems, and general space requirements.
d, Technology Systems Design /Documentation services during the Schematic
Design Phase consisting of consideration of alternate systems,
recommendations regarding basic IT materials, systems and equipment,
analyses, and development of conceptual design solutions for audio distribution,
video /data, a/v case work security system devices, cable trays and in -floor
distribution systems
e. 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.
Acoustical Design /Documentation services during the Schematic Design Phase
consisting of consideration of alternate materials, systems and equipment, and
development of conceptual design solutions for: volumes of spaces; dimensions;
location of spaces and their adjacencies; structural concerns; mechanical
equipment locations and guidelines; and a brief outline of major partition types,
special floor or ceiling assemblies, area requirements for variable acoustic
elements, identification of need and budget for court room enclosure, and other
items that may affect the budget in an extraordinary way. a schematic audio
systems description and an installed- systems cost estimate for various options.
g. The Consultant will hold two informational meetings with the public explaining the
conceptual site layout and design progress, answer questions and address
concerns.
2.4 DESIGN DEVELOPMENT /DOCUMENT PHASE
2.4.1 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 Project 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.
2.4.2 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 provide
drawings, outline specifications and other documents for the Owner's approval and the Monroe
County's Project Management Department's information. The CONSULTANT shall provide an
estimate of anticipated costs in accordance with the design development phase.
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2.4.4 Hold Public information hearing on final site and floor design development.
2.4.5 The Design Development Documents must be approved in writing, by the Owner prior to
CONSULTANT continuing to the Construction Documents Phase.
2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS
To satisfactorily perform the design development phase requirement, the CONSULTANT must
complete the tasks set forth in paragraphs 2.5.1 - 2.5.13.
2.5.1 Floor Plans - This consists of general plans, overall coordinating plans, and plan
enlargements for important and special areas. Data required:
a. Building perimeter (footprint) and exterior wall type, thickness and composition
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. Courtroom to Detention center pathways for prisoner transfer
g. Floor, slab, and level elevations
h.. Typical door types
i. Typical partition types
j. Acoustical penetrations, adjustable systems, layout of court rooms
k. Built -in furniture items - special furniture and equipment (early clarification of
what is "NIC" and "by owner ")
I. Larger scale (e.g., % "). Key areas, lobby, entries, public plaza, major corridors,
special spaces, etc. Required: All surfaces (floor, wall, and ceiling treatments),
furniture indication, and layout.
I, Evacuation routes identified (to include locating necessary posting of evacuation
route plans).
2.5.2 General Elevations
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
g. System impact (precast concrete, stone, panel systems, metal /glass curtain wall,
etc.) properly selected by adequate technical investigation.
2.5.3 Sections
Overall Sections - Overall building longitudinal and transverse "building explanation"
type. Detail Wall Sections - Largest scale (e.g., 3 / "). Dominate full- height sections
conveying basic building configuration, to indicate:
a. Foundation and perimeter treatment
b. Typical wall construction
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C. Back -up structure, abutting floor systems
d. Window location and insulation methods
e. Flashing, masonry coursings
f. Mechanical penetrations impact (furring, etc.)
g. Parapet design
2.5.4 Details - Large scale (1 -1/2 ", 3 ") as required. Indicate key conditions.
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)
g. 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:
a. Breaks
b. Level changes
C. 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
g. Sprinklers
h. Access panels
2.5.7 Schedules - Schedules to be non - repetitive and comprehensive, with specific keying to
floor plans and elevations.
a.
Interior finishes
b.
Doors and frames
C.
Preliminary hardware
d.
Windows /glazing
e.
Acoustic Elements
2.5.8 Specifications - Comprehensive, abbreviated methods, materials and systems
descriptions in tune with drawings. Use CSI format with applicable section numbers.
Include all consultant portions as well as those special supplementary conditions specific
to the project.
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2.5.9 Preliminary Estimate of Construction Cost - Adjustment of the preliminary estimate of
construction cost prepared at the end of schematic design.
2.5.10 Structural Design Development Set
a. Floor plans at the same scale as the architectural /engineering drawings
b. Typical floor framing plans, including sizing of beam drops, slab openings,
thicknesses, and depressions
C. Framing indication and governing sizing at: roof structures, penthouse,
bulkheads, other
d. Non - typical framing scheme where required: lobby, floors at grade, and other
e. All column points established
f. Final column schedule
g. Preliminary details and sections to adequately indicate structural system
h. Preliminary details of major unique conditions that impact on scheme (as
determined by the CONSULTANT)
i. Details indicating accommodation with mechanical /electrical at areas of major
interface
j. Design development specifications
k. Any necessary recommended adjustments to the preliminary estimate of
construction cost.
2.5.11 Mechanical /Electrical Design Development Set
a. Typical floor plans. Systems representation in diagrammatic (non - detailed) style,
major items of equipment indicated their space requirements and interface
requirements with other systems. Indicate: major shafts (sizes), chases,
mechanical rooms and electric closets, and convector /fan coil locations, etc.
b. Required punctures: wall, slab, and beam
C. Terminal plans (lobby, cellar, roof) with items of 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 local 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 CONSULTANT)
f. Data to be developed in conjunction and in coordination with the project team:
1. Integrated diagrammatic lighting plans indicating all overhead mechanical
and electrical equipment for typical floor and special spaces
3. Cuts and explanatory information for interior visual items such as:
louvers, registers, heating /cooling units, and cabinets.
4. Exterior louver requirements and proposed locations.
2.5.12 Site Design Development Set
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.,
interfaced with survey.
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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
g. Parking area defined with preliminary plotting
h. Indication of paths, stairs, ramps, berms, terraces, etc.
i. Location of secure staff parking
j. Location and pathways for prisoner loading and transfer
k. Plant materials (indication and preliminary schedule)
Ij. Design development details: railings, stairs, ramps, paving types and patterns,
kiosks, benches, light standards, others
M. Design development specifications
n. Any necessary adjustments to the preliminary estate of construction cost.
2.5.13 Acoustical Design Development Sets
1. Room Acoustics
a. Determine adjustable /permanent acoustic material and locations
b. Discuss room finish options
c. Provide layouts for Court rooms
2. Sound Isolation
a. Provide partition details
b. Provide acoustic door, window, floating floors, wall and ceiling details
c. Provide intersection details
3. Noise and Vibration control
a. Review mechanical duct and pipe distribution and sizes
b. Provide penetration details
c. Address potential Problematic Reflections and Echoes in all courtrooms by
ascertaining the time gap between multiple sound arrivals is below 30
milliseconds and Achieving a measured Speech Transmission Index (STI /RASTI)
of good to excellent.
d. All Courtroom Acoustical environments shall have a measured reverberation time
in the 1.0 to 0.7 second range (at an averaged mid band between 500 and 1,000
hertz).
4. Audio Systems
a. Provide preliminary locations, models and sizes of audio system speakers
b. Provide preliminary locations, models and sizes of directional microphones
c. Refine audio systems budget
2.5.14 Technology Systems Development Sets.
(Do not duplicate technology components on to the electrical drawings place only on the
technology drawings. For example, electrical conduit for voice /data cabling should not be shown
on the electrical drawings.)
Equipment
a. Show all audio distribution and video /data /polycomm projection equipment
b. Show all a/v casework, schedules, mounting heights, and riser details
c. Show all security system devices. Coordinate closely with architectural
door /frame and hardware
Page 25 of 34
d. Security access control risers, panels and controller equipment
e. Sound masking and intercom /paging risers, panels and controller equipment
f. Details including terminations, equipment elevations and typicals
g. Location of all devices and outlets (voice, data, fax, modem)
h. For each drop there should be at least two ethernet connections (preferably four).
i. Intermediate Distribution Frames, Main Distribution Frames.
j. Data rooms on each floor with fiber between them
k. Provide Lighting Protection
2. Pathways
a. Technology pathways, including cable trays, in -floor distribution systems, etc.
b. Telecommunications voice and data risers
c. Show all racks, patch panels and layouts
d. Diagrammatic IT /communications /security plans
e. Provide Spare conduits with pull strings
f. Fiber runs from existing buildings
2.5.14 Limitations - The above list of drawings represents, in general, the requirements of the
Project.
2.6 CONSTRUCTION DOCUMENTS PHASE
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 the
Monroe County's Project Management Department's review.
2.6.3 Upon completion of the Construction Documents Phase, the CONSULTANT shall
provide Construction Documents for the Owner's and Monroe County's Project Management
Department's approval. Once approved the CONSULTANT shall provide the Owner with seven
(7) complete signed and sealed sets of construction drawings and four (4) hard copies of the
technical specifications and one copy of the drawings and the technical specifications saved
electronically in Adobe Acrobat file (.PDF) format. Any and all files used to create the technical
specifications need to be submitted saved as an Adobe Acrobat file (.PDF) format, including but
not limited to; technical sections, reports such as, asbestos, geotechnical, soils, paint, and
photographs. The CONSULTANT shall provide an estimate of anticipated costs in accordance
with the construction development phase.
2.6.4 The CONSULTANT shall assist the Owner and Monroe County's Project Management
Department in the preparation of the necessary bidding information, bidding forms, the
Conditions of Contracts, and the forms of Agreement between the Owner and the 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
Page 26 of 34
upon such plans. Work required from the CONSULTANT to conform the documents to federal,
state, city, county, or agency specifications and permit requirements to allow them to be
approved shall be completed at no charge or cost to the Owner.
2.7 BIDDING OR NEGOTIATION PHASE
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 Department
in issuing bidding documents to bidders and conducting pre -bid conferences with prospective
bidders. The CONSULTANT, with the assistance of the Monroe County's Project Management
Department, shall respond to questions from bidders, and shall issue addenda.
2.7.3 The CONSULTANT shall, on behalf of the Owner, provide 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 OF THE CONSTRUCTION
CONTRACT
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 Work 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 r.
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
Page 27 of 34
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 to do so, in writing, by
the Owner.
2.8.5 The CONSULTANT shall carefully observe the work of the Contractor and shall, at a
minimum, observe the work at the Project site twice every month. The purpose of such
observations shall be to determine the quality and quantity of the work in comparison with the
requirements of the Construction Contract. In making such observations, the CONSULTANT
shall protect the Owner from continuing deficient or defective work, from continuing unexcused
delays in the schedule and from overpayment to the Contractor. Following each observation,
the CONSULTANT shall submit a written report of such observation, together with any
appropriate comments or recommendations to the Owner.
2.8.6 The CONSULTANT shall initially approve periodic and final payments owed to the
Contractor under the Construction Contract predicated upon observations of the work and
evaluations of the Contractor's rate of progress in light of the remaining contract time and shall
issue to the Owner Approvals of Payment in such amounts. By issuing an Approval of Payment
to the Owner, the CONSULTANT reliably informs the Owner that the CONSULTANT has made
the inspection of the work required, and that the work for which payment is approved has
reached the quantities or percentages of completion shown, or both, that the quality of the
Contractor's work meets or exceeds the requirements of the Construction Contract, and that
under the terms and conditions of the Construction Contract, the Owner is obligated to make
payment to the Contractor of the amount approved.
2.8.7 The issuance of a Certificate for Payment shall not be a representation that the
CONSULTANT has (1) made exhaustive or continuous on -site inspections to check the quality
or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or
procedures; (3) reviewed copies of requisitions received from Subcontractors and material
suppliers and other data requested by the Owner to substantiate the Contractor's right to
payment or; (4) ascertained how or for what purpose the Contractor has used money previously
paid on account of the Contract 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
Page 28 of 34
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 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 shall 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 the Contract Documents.
2.8.14 The CONSULTANT shall interpret and decide matters concerning performance of the
Contractor under the requirements of the Contract Documents upon written request. The
CONSULTANT's response to such requests shall be made with promptness and within seven
(7) days of receipt of request.
2.8.15 Interpretations and decisions of the CONSULTANT 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.
Page 29 of 34
2.8.17 Duties, responsibilities and limitations of authority of the CONSULTANT shall not be
restricted, modified or extended without written agreement of the Owner and CONSULTANT.
2.8.18 The CONSULTANT shall be a representative of and shall advise and consult with the
Owner (1) during construction until final payment to the Contractor is due and (2) as a Basic
Service at the Owner's direction from time to time during the correction period described in the
Contract for Construction. This advice and consultation shall be limited to verbal comment on
actions of the Owner and shall not necessitate filing of records, forms, or revisions to drawings,
without additional compensation.
2.8.19 The CONSULTANT shall transmit to the Owner all manuals, operating instructions, as-
built plans, warranties, guarantees and other documents and things required by the
Construction Contract and submitted by the Contractor.
2.8.20 The CONSULTANT shall not have control over or charge of and shall not be responsible
for construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work, since these are solely the Contractor's
responsibility under the Contract for Construction. The CONSULTANT shall not be responsible
for the Contractor's schedules or failure to carry out the work in accordance with the contract
documents. The CONSULTANT shall not have control over or charge of acts or omissions of
the Contractor, Subcontractors, or their agents or employees, or of any other persons
performing portions of the work.
2.8.21 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 an increase in the cost of labor or
materials necessary to correct the error, or cost of necessary retrofitting that would not have
been part of the original design 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 increased 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.
Page 30 of 34
2.9 Commissioning
2.9.1 The objective of the Commissioning process is to provide documented confirmation that
a project's mechanical, electrical, and plumbing (MEP), security and life safety systems when
constructed, realize planned performance benchmarks, address Florida Green Building
Coalition and Florida Building Code requirements and that Monroe County Facilities
Maintenance staff are reasonably prepared to operate and maintain its systems and equipment
so as to continue to realize the anticipated performance.
2.9.2 The CONSULTANT shall assure the COUNTY through Equipment and Systems
Commissioning that all equipment and systems performance achieves facility performance
requirements as set out in the CONSULTANT'S design. The Equipment and Systems
Commissioning shall be accomplished through a process of verification and documentation,
from the post -award design phase to Occupancy.
2.9.3 The CONSULTANT shall work with Monroe County Project Management during the pre -
design phase to define the project performance expectations and document Project
performance and Commissioning goals.
2.9.4 The CONSULTANT shall develop Commissioning requirements suitable for use in the
Project Specifications.
2.9.6 The CONSULTANT shall submit with its final design documents, a severable Equipment
and Systems Commissioning Approach document that utilizes data and factors derived from the
design, needed to achieve facility performance requirements.
2.9.7 The CONSULTANT shall provide a Commissioning Plan that finalizes the
Commissioning Approach and addresses each Equipment and System installation with specific
steps that will be taken during the commissioning process.
2.9.8 The CONSULTANT shall submit a Commissioning Report documenting the Equipment
and Systems affect upon facility performance requirements in accordance with the
Commissioning Plan.
Page 31 of 34
ATTACHMENT B
Architects Hourly Rates
CALENDAR YEAR 2015
ARCHITECTURE:
Principal $195.00
Project Architect $170.00
Project Manager $150.00
TECHNICIANS:
Cadd Tech I $95.00
Cadd Tech II $75.00
OFFICE SUPORT:
Office Support Staff $45.00
Page 32 of 34
ATTACHEMENT C
Additional Services & Expenses
The following services are considered Additional to Basic Services and are not included within the basic fee:
1. Feasibility Studies/ Analysis
2. Facility Programming
3. Master Planning
4. Soils Investigations /Reports
5. Surveys
a. Topographic /Boundary
b. Vegetation /Improvements /Utilities
6. Measured Drawings of Existing Facilities
7. Existing Facilities Analysis
8. Toxic Substance Mitigation Surveys and Consultation
9. Site Environmental Assessments
10. Site DRI, PUD, Site Plan Review and /or Zoning Modifications
11. Traffic Analysis and Traffic Signal Warrant Studies
12. Civil Engineering Design including Paving/ Grading /Utilities /Drainage /Storm water
Management/Environmental & All Site Permitting
13. Existing Site Utility Infrastructure Improvements
14. Site Lighting Design
15. Landscape Architectural & Irrigation Design
16. Specialty Consultants
a. Voice /Data Communications; Electronic /Audio Visual; Food Service Equipment; Hazardous
Material; Hospital /Laboratory; Interior Design; Indoor Air Quality; Quality Control;
Theater /Acoustical; Security
17. LEED Consultation
18. Graphic and Signage Design
19. Special Code Reviews including ACHA
20. Detailed Cost Estimates
21. Documents Prepared For:
a. Alternate Bids Exceeding Contract Scope
b. Excessive Change Orders
c. Multiple Construction Contracts
d. Record Documents /As- Builts
22. Prolonged Construction Contract Administration Services
23. Structural Threshold Inspections
24. Project Representation During Construction beyond Bi- Monthly Administration
25. Additional Construction Contract Administration Services for Multiple Contracts
26. Building Commissioning and Training Services
27. Post Occupancy Inspections/ Evaluations
28. Renderings/ Models
29. Substantive Changes to Scope, Size or Complexity
30. Owner Requested Changes to Approved Documents
Page 33 of 34
ATACHEMENT D
Project Design Schedule
TBD
74
F 15
Page 34 0 3
I CONTRACT
2 CONTRACT NEGOTIATIONS
3 BOCC APPROVAL
4 NOTICE TO PROCEED
5 PROGRAMMING
6 REVIEW OWNER PROVIDED PROJECT REQUIREMENTS
7 ATTEND KICK -OFF MEETING KW
8 PREPARE PRELIMINARY MEETING REPORT
9 DELIVER PRELIMINARY REPORT
10 OWNER REVIEW
11 FOLLOW -UP OWNER MEETING KW
12 UPDATE PRELIMINARY MEETING REPORT
13 DELIVER PRELIMINARY REPORT
14 OWNER REVIEW
15 PUBLIC MEETING PK
16 PREPARATION OF 1ST CONCEPTUAL DESIGN
17 PUBLIC MEETING KW - PRESENT DESIGN AND PROGRAM
18 FINALIZE PROGRAM AND CONCEPTUAL DESIGN
19 DELIVER FOR APPROVAL & ACCEPTANCE
20 SITE PLAN APPROVAL - ISLAMORADA
21 PREAPPLICATION MEETING
22 PREPARATION OF SUBMITTAL DOGS (BEGIN SD)
23 INTAKE - ISLAMORADA P &Z
24 STAFF REVIEW COMMENTS
25 RESPONSE TIME
26 STAFF SECOND REVIEW
27 ATTEND DRC
28 DRC REPORT TO DIRECTOR
29 DIRECTOR APPROVAL IF DRC APPROVES
30 CITIZENRY OBJECTION PERIOD
31 FINAL NON - OBJECTION APPROVAL
32 OWNER APPROVAL TO PROCEED
33 SCHEMATIC DESIGN
34 BEGIN SCHEMATIC DESIGN
35 COMPLETE SCHEMATIC DESIGN DOGS
36 OWNER REVIEW AND COMMENT
37 SUBMIT FINAL SCHEMATIC DESIGN
38 DESIGN DEVELOPMENT
39 BEGIN DESIGN DEVELOPMENT DOGS
40 SUBMIT DESIGN DEVELOPMENT DOCS
41 OWNER REVIEW AND COMMENT
42 COMPLETE DESIGN DEVELOPMENT DOCS
43 SUBMIT FINAL DESIGN DEVELOPMENT DOCS
44 CONSTRUCTION DOCUMENTS
45 65% REVIEW DOCUMENTS
46 OWNER REVIEW
47 95% REVIEW DOCUMENTS
48 OWNER REVIEW
49 110€9 :, DOCUMENTS & COORMNATiON
50 BID AND PERMIT
51 RFP
52 BOCC AWARD
53 CONTRACT NEGOTIATIONS
54 FULL EXECUTION
55 CONTRACTOR NTP
56 .. CONSTRUCTION BEGINS � 400 DAYS
ura €an
SI'16 Jun'16 Ju9'16
Aug'16 Sep'16 Oct '16 Nov'18 Dec '16 J
152229 5 121926 3 10172431 7 142128'4 111825 2 9 162330.6 132027 111825 1
34 days
Won
13 days
Wed
1 day
Wed
1 day
Ma
60 days
Td
5 days
Td
1 day
Wed
5 days
Thy
1 day
Thy
5 days
Fri
1 day
We
5 days
Mo
1 day
Fri
5 days
Mon,
1 day
Tue
l
11 days
Tht
1 day
Wed
7 days
Thu
1 day
Mori
194 days
Tue
1 day
Tue
60 days
Mork
1 day
Mon
24 days
Tue
10 days
Mori
11 days
Mon
1 day
Tue
16 days
Wed
16 days
Thu
22 days
F?
1 day
1 'u
1 day
F
100 days
Mort
1 day
Mort
30 days
Fri
10 days
Fri
1 day
Fri
72 days
Mon
45 days
Mon '
1 day
Mon
20 days
Tue
20 days
Tue
1 day
'Case
123 days
Mork
65 days
Moat
17 days
Mot #10
35 days
Mo ; 613
17 days
Ma 6/6 -J 6/28
18 days
Mon 6113 " - _716
96 days
Frl i
++
26 days
Fri 7/15
8199
1 day
Tue
$123
22 days
Wed
8124 9122
19 days
Frl,
9/23 - 10119
27 days
Thu
10/20 - 1I26
1 day
Mon
i
12/5
Project: CONTRACT ATTACHMENT D Task ProOr Group By Summary Wy
Date: Wed 1/28/15 Critical Task u- /vlalesl Deadline
Client#: 1049229
CURRISOW
T =01
+ • + :' +
DATE IMUV ON
310212015
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INSUREO
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Suite 101
Delray Beach, FL 33483
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A GENERAL LIABILITY X BPG98835 D811712014 081171201aIEAC Si 000 000
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GE NERAL AGGREGAT A
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POLMY I X LOC . .
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BODILY INJURY (Per P8111
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BODILY INJURY (Paraccid S
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Professional Liability coverage Is written on a claims -made basis.
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Project Excess with limits $0 per claiml$2,000,000 aggregate thereby increasing total policy limits to
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INffiURER O :