03/21/2012 AgreementDANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: September S, 2012
TO: Peter Horton, Director
of Airports
Attn: April Pearson
FROM: Pamela G. Hanc k D. c
At the March 21, 2012, Board of County Commissioners meeting, the Board granted
approval and authorized execution of Item C39 Design Services Agreement with MBI/K2M for
Customs Terminal Security Enhancements — Key West International Airport Phase II and III.
This item was ratified at both the June 20, 2012 and August 15, 2012 BOCC meetings,
due to issues with the backup provided to the Board.
Attached is an electronic copy of the above - mentioned for your handling. Should you
have any questions, please feel free to contact our office.
cc: County Attorney via e -mail
Finance via e-mail
File
mbi k2m 1001 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
PHONE: 305.292.7722
FAX: 305.292.2162
ARCHITECTURE, INC.
Date: February 10, 2012
PROF. REG. NO. AA26001059
DESIGN SERVICES AGREEMENT
Client: Monroe County — Key West International Airport
3491 S. Roosevelt Boulevard
Key West, Florida 33040
Attn: Mr. Peter Horton, Director of Airports — sent via email to horton- peter @monroecounty-fl.gov
Design mbi I k2m Architecture, Inc.
Professional: 1001 Whitehead Street, Suite 101
Key West, Florida 33040
Mr. Anthony D. Sarno, R.A., Project Manager
Project: CUSTOMS TERMINAL SECURITY ENHANCEMENTS - KEY WEST INTERNATIONAL AIRPORT
PHASE II AND III
DESIGN SERVICES AGREEMENT
I. Scope of Services
A. Design Professional shall provide architect+rral and engineering services for approval, permitting, and
construction of security enhancements and expansion at the Customs Terminal at the Key West
International Airport. The Scope of Work includes single story addition to the South for the Greyhound Bus
Terminal relocation, stand alone elevated generator building between the existing Customs Terminal and
FedEx facilities, and reconfiguration of the interior first and second floors for use by the Monroe County
Sherriffs Office and the Customs Terminal. Services rendered include architecture, interior design, civil,
structural, mechanical, plumbing, fire suppression (performance based only), electrical, security, and
technology engineering. Refer to Appendix A for an expanded scope of work.
II. Conditions
A. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Design
Professional covenants and agrees that he shall defend, indemnify and hold harmless Client/Monroe
County and Monroe County Board of County Commissioners, its officers and employees from claims,
actions, including but not limited to litigation, administrative proceedings, appellate proceedings, or other
proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine,
penalty or business interruption, and (iii) costs or expenses that may be asserted against, initiated with
respect to, or sustained by the Client and the Client's elected and appointed officers and employees from
liabilities, damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent
caused by the negligence, recklessness, or intentional wrongful conduct of the Design Professional and
persons employed or utilized by the Design Professional in the performance of the contract.
B. The terms and conditions from our Continuing Services Contract with Monroe County, executed December
19, 2009, shall apply herein for all design phase services.
III. Compensation
A. For services described in Section IA, the Client agrees to pay a fixed fee of ONE HUNDRED FIFTY -EIGHT
THOUSAND NINE HUNDRED SIXTY -SIX DOLLARS ( $ 158,966.00 ) as required to complete the work,
unless otherwise agreed to in writing by Client.
CLEVELAND I KEY WEST I CHARLOTTE I SOUTHWEST FLORIDA I WASHINGTON DC
mbi I k2m
ARCHITECTURE, INC.
1001 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
PHONE: 305.292.7722
FAX: 305.292.2162
PROF. REG. NO. AA26001059
DESIGN SERVICES AGREEMENT
B. For its assumption and performances of the duties, obligations and responsibilities set forth herein, the
Design Professional shall be paid in accordance with the Fee Schedule set forth in Appendix A of this
agreement. In addition to the compensation set forth in Paragraph III (A), Client shall pay Design
Professional for reimbursable expenses.
If the Design Professional's duties, obligations and responsibilities are materially changed by amendment to
this agreement after execution of this Agreement, compensation due to the Design Professional shall be
equitably adjusted, either upward or downward;
As a condition precedent for any payment due under this Agreement, the Design Professional shall submit
an invoice to the Client requesting payment for services properly rendered and requesting payment for
eligible reimbursable expenses due hereunder. The Design Professional's invoice shall describe with
reasonable particularity the service rendered. The Design Professional's invoice shall be accompanied by
such documentation or data in support of expenses for which payment is sought that the Client may require.
Reimbursable expenses include expenses incurred by the Design Professional in the interest of the Project
including; expenses of transportation submitted by the Design Professional, in writing, and living expenses
in connection with travel authorized by the Client, in writing, but only to the extent and in the amounts
authorized by Section 112.061, Florida Statutes; cost of reproducing maps or drawings or other materials
used in performing the scope of services; and Postage and handling of reports.
Payments shall be made in accordance with the Local Government Prompt Payment Act, 218.30, Florida
Statute. The Client designates the Monroe County Clerk of Courts as its agent under the Local Government
Prompt Payment Act, Florida Statues Section 218.735
C. Any items beyond those specifically outlined and described herein, are considered to be Additional
Services and are chargeable at the standard hourly rate.
D. The following is a listing of hourly rates assigned by staffing type for mbi I k2m Architecture, Inc. and only
applies for services authorized beyond that as defined in Appendix A. Hourly rates quoted are for the
current calendar year and are subject to change thereafter.
ARCHITECTURE / INTERIOR DESIGN
Principal
$225.00 / hour
Director
$175.00 / hour
Project Manager, Architect II
$150.00 / hour
Senior Designer
$135.00 / hour
Project Coordinator / CA
$125.00 / hour
Purchasing Agent
$125.00 / hour
Staff Designer /Draftsman 1
$ 97.50 /hour
Draftsman II
$ 80.00 /hour
Junior Designer
$ 75.00 /hour
Administration
$ 60.00 /hour
Intern
$ 42.50 /hour
ENGINEERING
Principal
$160.00 / hour
Director
$140.00 / hour
Engineer III
$120.00 / hour
Engineer II
$100.00 / hour
Engineer 1
$ 90.00 /hour
CLEVELAND I KEY WEST
CHARLOTTE I SOUTHWEST FLORIDA I WASHINGTON DC
mbi I k2m
ARCHITECTURE, INC.
1001 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
PHONE: 305.292.7722
FAX: 305.292.2162
PROF. REG. NO. AA260D1059
DESIGN SERVICES AGREEMENT
Designer III
Designer II
Designer I / CAD Operator
Clerical
IV. Insurance
$100.00 / hour
$ 90.00 /hour
$ 80.00 /hour
$ 60.00 /hour
A. Design Professional will provide Professional Liability Insurance in the amount of $1,000,000.00 per claim/
aggregate.
APPENDIX A
Phase II and Phase II I includes the following expanded Scope of Work (fee includes):
Greyhound Bus Terminal
Develop an addition to the Southwest corner of the Customs Terminal, totaling approximately 700 square feet and
including:
• Waiting area for fifteen persons
Office with reception counter
Restrooms
Monroe County Sherriff's Office
Reconfigure the existing Greyhound Bus Terminal and approximately 850 square feet of the existing Sherriffs Office,
totaling approximately 2,584 square feet, for a new Sherriffs Office, including:
• Offices
• Control and Communication Rooms
• Breakroom
• Restrooms
Generator Building
Design a stand -alone elevated generator building to the East of the Customs Terminal, approximately 16' -0" x 22' -0 ",
for a generator sized for the facility. The existing generator in the second floor of the Customs Terminal will be
removed. Reuse will be determined during the design phase.
Customs Terminal
Reconfigure the existing Customs Terminal utilizing the vacated Sherriffs Office Space and second floor storage /
generator areas for compliance with current Department of Homeland Security Standards, including:
• Elevator for interior connection between two floors
• Computer room designed in Phase I to remain
Existing Conditions Analysis and As -Built Drawings
• Photograph and measure existing building and site features
• Prepare existing site plan, floor plans, and elevations in CAD
• Document existing structural, mechanical, plumbing, and electrical services
• Site visit by Architect and Mechanical, Electrical, and Structural Engineers
CLEVELAND I KEY WEST I CHARLOTTE I SOUTHWEST FLORIDA I WASHINGTON DC
b i k2m
1001 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
m
PHONE: 305.292.7722
FAX: 305.292.2162
ARCHITECTURE, INC.
PROF. REG. NO. AA26001059
DESIGN SERVICES AGREEMENT
Schematic Desian
• Information gathering from respective agencies to determine program requirements for each area,
including:
• Key West International Airport and Customs Terminal Staff
• Department of Homeland Security
• Greyhound Bus Lines
• Monroe County Sherrif's Office
• Develop preliminary floor plans for review and approval by aforementioned entities
• Meeting(s) with Architect and aforementioned groups to review and modify the design
• Conceptual cost estimate
Design Development
• Further development of approved Schematic Design plans with preliminary ceiling plans, exterior
elevations, structural engineering, lighting design , mechanical engineering, and security systems
• Meeting(s) with Architect, Mechanical and Electrical Engineers and aforementioned groups to
review and modify the design.
• Design Development level cost estimate
Construction Documents
• Architectural and engineering drawings and specifications for bidding, permit, and construction
• Demolition and Phasing Plans
• Site Plan with Civil Engineering as required
• Floor and Ceiling Plans
• Exterior Elevations
• Enlarged Interior and Exterior Plans, Elevations, and Details
• Finishes consistent with building standard
• Structural Engineering
• Mechanical, Plumbing, Fire Protection, Electrical, Technology, and Security Engineering
• Specifications
• Meeting(s) with Architect, Mechanical and Electrical Engineers and aforementioned groups to
review and modify the design.
• Final cost estimate
Project Bidding
• Assist County in preparing bid documents, including drawings, specifications, addendum, pre -bid
conference, bid review, and contractor recommendation
Construction Administration
• Assistance to determine, in general, if work is proceeding in accordance with the plans
• Periodic site visits to review progress of work
• Answer questions by contractor, issue field clarifications, bulletins, change order review, payment
application review.
• Shop drawing / submittal review
• Project closeout
FEE SCHEDULE
The project will be invoiced based on the phase of work completed as outlined herein:
• Schematic Design (15% ) : $ 23,845
• Design Development( 30 %) : $ 47,690
CLEVELAND I KEY WEST I CHARLOTTE I SOUTHWEST FLORIDA I WASHINGTON DC
mbi I k2m
ARCHITECTURE, INC.
• Construction Documents ( 30% : $ 47,690
• Bidding (5% ) : $ 7,948
• Construction Administration ( 20 %) : $ 31,793
1001 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
PHONE: 305.292.7722
FAX: 305.292.2162
PROF. REG. NO. AA26001059
DESIGN SERVICES AGREEMENT
STIPULATIONS
Upon signing of this Design Services Agreement it may be necessary and useful for the following documents to be
completed depending upon applications required by local jurisdictions:
• Site visits and related travel expenses are included as follows:
• Existing Conditions Analysis
■ Architect and Structural, Mechanical, and Electrical Engineers — maximum 6 hours on -site
• Schematic Design Review Meeting(s)
■ Architect
• Design Development Review Meeting(s)
■ Architect and Mechanical and Electrical Engineers — maximum 8 hours on -site
• Construction Documents Review Meeting(s)
■ Architect and Mechanical and Electrical Engineers — maximum 8 hours on -site
• Construction Administration Field Observation
• Architect — Maximum (24) site visits
• Structural Engineer — (4) site visits
• Mechanical Engineer — (4) site visits
• Electrical Engineer — (4) site visits
• Geotechnical Report provided by the County. Design Professional can contract these services if required in
accordance with Section IIIB.
• Survey completed and certified within 12 months
• Elevation certificate showing flood designation from FEMA maps
• Current Airport Technical Design Standards from the Department of Homeland Security
• Current Monroe County Sherriffs Office Design Standards, if available
• All construction contracting is by the Client.
ADDITIONAL SERVICES
Additional services are those which arise as a result of unforeseen circumstances during the design of a project and
which, therefore, cannot be included in the basic services agreement. Such additional services, when requested in
writing by Client, shall be performed at an hourly rate per the Design Professional rates above. Additional Services
are as defined in the AIA Document B101— 2007 Edition — Standard Form of Agreement Between Owner and
Architect, Article 4 and include:
Providing services in connection with evaluating substitutions proposed by the contractor, and making subsequent
revisions resulting therefrom, and deciding disputes between Owner and Contractor(s) are an additional price.
Design Professional has relationships with 3D computer and hand rendering companies. If renderings are required
they shall be billed as a reimbursable cost only when approved by Client prior to start of work.
PROJECT BUDGETING
In providing opinions of probable construction cost, the Client understands that the Design Professional has no
control over the cost or availability of labor, equipment or materials, or over market conditions or the Contractor's
method of pricing, and that the Design Professional's opinion of probable construction costs are made on the basis of
the Consultant's professional judgment and experience. The Design Professional makes no warranty, express or
implied, that the bids or the negotiated cost of the Work will not vary from the Design Professional's opinion of
probable construction cost.
CLEVELAND I KEY WEST I CHARLOTTE I SOUTHWEST FLORIDA I WASHINGTON DC
mbi k 1001 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
PHONE: 305.292.7722
FAX: 305.292.2162
ARCHITECTURE, INC PROF. REG. NO. AA26001059
DESIGN SERVICES AGREEMENT
SCHEDULE
The Design Professional shall perform its services as expeditiously as is consistent with professional skill and care
and the orderly progress of the Work.
Design Professional cannot guarantee permit issuance within a given time frame.
This agreement represents the entire integrated agreement between Client and Design Professional and supercedes
all prior negotiations, representations or agreement, whether written or oral. This agreement may be amended only
in writing and signed by both Client and Design Professional. This proposal remains valid for thirty days after which
time Design Professional reserves the right to modify or amend the Agreement.
Please sign and return this proposal for the work to proceed.
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CLEVELAND I KEY WEST I CHARLOTTE I SOUTHWEST FLORIDA I WASHINGTON DC
mbi I k2m
ARCHITECTURE, INC.
1001 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
PHONE: 305.292.7722
FAX: 305.292.2162
PROF. REG. N0, AA26001059
DESIGN SERVICES AGREEMENT
Terms & Conditions
This proposed scope of services and professional fees are valid for a period of thirty days form the date of this Agreement.
The services outlined in this Agreement cover the scope of work for the subject property as defined in this Agreement. Design Professional will complete the
service outlined in this Agreement for the fees outlined. In the event that we encounter situations that include a need for revision or modification in the fees, we
will discuss with you the courses and likely effects of the required modification, both in terms of timing and fees. Both parties agree to negotiate in good faith
should a situation arise which requires a modification in the fees.
Fee
Where the fee arrangement is to be on an hourly basis, the rates shall be those that prevail at the time services are rendered. Hourly rates are valid through
current calendar year.
Standard of Care
In providing services under this agreement, the Design Professional will endeavor to perform in a manner consistent with that degree of care and skill ordinarily
exercised by members of the same profession currently practicing under similar circumstances. Design Professional will perform its services as expeditiously as
is consistent with professional skill and care and the orderly progress of Design Professional's part of the Project. Regardless of any other term or condition of
this Agreement, Design Professional makes no express or implied warranty of any sort. All warranties, including warranty of merchantability or warranty of
fitness for a particular purpose, are expressly disclaimed.
Assigned Consultants
A 10% fee will be added to fees of consultants retained by or assigned to Design Professional in recognition of the added liability and coordination burden.
Consequential Damages
Notwithstanding any other provision to the contrary, and to the fullest extent permitted by law, neither the Client nor the Design Professional shall be liable to the
other for any incidental, indirect or consequential damages arising out of or connected in any way to the Project or this Agreement. This mutual waiver of
consequential damages shall include, but not be limited to, loss of use, loss of profit, loss of business or income or any other consequential damages that either
party may have incurred from any cause of action whatsoever.
Hidden Conditions
A condition is hidden if concealed by existing finishes or is not capable of investigation by reasonable visual observation. If the Design Professional has reason
to believe that such a condition may exist, the Client shall authorize and pay for all costs associated with the investigation of such a condition. If (1) the Client
fails to authorize such investigation after such due notification, or (2) the Design Professional has not reason to believe that such a condition exists, the Design
Professional shall not be responsible for the existing conditions or any resulting damages or losses resulting therefrom.
Hazardous Materials/Mold
The Design Professional shall have no responsibility for the discovery, presence, handling, removal, disposal or exposure of persons to hazardous materials of
any form including mold. The existing or constructed building may, as a result of post - construction, use, maintenance, operation or occupation, contain or be
caused to contain mold substances which can present health hazards and result in bodily injury, property damage and /or necessary remedial measures and
costs for which the Design Professional shall have no responsibility.
Risk Allocation
Notwithstanding anything to the contrary herein in recognition of the relative risks and benefits of the project to both the Client and the Design Professional, the
Client agrees, to the fullest extent permitted by law, to limit the Design Professional's total liability to the Client or anyone making claims through the client, for
any and all damages or claim expenses (including attorney's fees) arising out of this Agreement, from any and all causes, to the total amount of the Design
Professional's fee. It is stated that the liability limit applies to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.
Termination of Services
This agreement may be terminated upon 10 days written notice by either party should the other fail to perform their obligations hereunder. In the event of
termination, the Client shall pay the Design Professional for all services rendered to the date of termination, all reimbursable expenses, and reasonable
termination expenses.
In the event of termination not the fault of Design Professional, in addition to compensation for services preformed prior to termination, Design Professional will
be compensated for Termination Expenses. Termination Expenses are in addition to compensation for services of the Agreement and include expenses directly
attributable to termination for which Design Professional is not otherwise compensated, plus an amount equal to ten percent (10 %) of Design Professional fees
for services remaining to be performed after termination.
Ownership of Documents
The documents prepared by the Design Professional for this Project belong to the Client and may be reproduced and copied without acknowledgement or
permission of the Design Professional. Any such use or reuse shall be at the sole risk of Client who shall defend, indemnify and hold harmless the Design
Professional and its sub - consultants from any and all claims and /or damages arising therefrom to the limits set forth in Florida Statute Section 768.28. Nothing
contained in this section shall be construed to be a waiver by Client of any protections under sovereign immunity, Section 768.28 Florida Statutes, or any other
similar provision of law. Nothing contained herein shall be construed to be a consent by either party to be sued by third parties in any matter arising out of this or
any other Agreement.
CLEVELAND I KEY WEST I CHARLOTTE i SOUTHWEST FLORIDA I WASHINGTON DC
1001 WHITEHEAD STREET
m b i k2m KEY WEST, FLORIDA 33040
PHONE: 305.292.7722
FAX: 305.292.2162
ARCHITECTURE, INC. PROF. REG. NO. AA26001059
DESIGN SERVICES AGREEMENT
Defects in Service
The Client shall promptly report to the Design Professional any defects or suspected defects in the Design Professional's services. The Client further agrees to
impose a similar notification requirement on all contractors in its Client/Contractor contract and shall require all subcontracts at any level to contain a like
agreement. Failure by the Client and the Client's contractors or subcontractors to notify the Design Professional shall relieve the Design Professional of the costs
of remedying the defects above the sum such remedy would have cost had prompt notification been given when such defects were first discovered.
Construction Activities
The Design Professional shall not be responsible for the acts or omissions of any person performing any of the Work or for instructions given by the Client or its
representatives to any one performing any of the Work, nor for means and methods or job -site safety. Responsibility for deficiencies during construction not
observed by Design Professional is strictly excluded.
Relationship of the Parties
All services provided by Design Professional are for the sole use and benefit of the Client. Nothing in this Agreement shall create a contractual relationship with
or a cause of action in favor of a third party against either the Client or the Design Professional. All items have been fairly negotiated and that the client had the
option of altering or foregoing the terms and conditions in exchange for an equitable adjustment in the Design Professional's fee.
Finish Selections
The Design Professional may prepare conceptual boards showing the Client samples of materials including color, texture and pattern schemes from which the
Client shall base its final selection. The Client understands that there will be variations between the samples and the actual final material due to differing lighting
conditions, production runs, production processes, availability of materials, and the like. Additional base material changes with which the finish is applied if
different from the original sample will alter the appearance of the actual final finish. Design Professional shall not bear any responsibility for any variations that
might arise.
CLEVELAND I KEY WEST I CHARLOTTE I SOUTHWEST FLORIDA I WASHINGTON DC