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11/24/2015 Task OrderTASK ORDER PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES BETWEEN MONROE COUNTY AND WILLIAM P. HORN ARCHITECT, P.A. FOR ELLIS BUILDING RENOVATIONS AND TEMPORARY FACILITIES In accordance with the Continuing Contract for Professional Architectural and Engineering Services, made and entered on the 21" day of January, 2015, between MONROE COUNTY, hereinafter referred to as the "County" and WILLIAM P. HORN ARCHITECT, P.A., hereinafter referred to as "Consultant" where professional services are allowed if construction costs do not exceed $2,000,000.00. All terms and conditions of the referenced Professional Architectural and Engineering Services Agreement apply to this Task Order, unless this Task Order amends, adds, or modifies a provision or an Article of the Agreement of which will be specifically referenced in this Task Order and the amendment, addition, or modification shall be precisely described. These additions apply only to the project referenced in this Task Order. This Task Order is effective on the .2 , Y Y L of v 2015. 1. In accordance with Article II SCOPE OF BASIC SERVICES of the Professional Architectural and Engineering Services Agreement dated January 21, 2015, the Consultant shall provide architectural and engineering services for the following: A. Temporary facilities for the Monroe County Drug Court. Configuration and location to be determined during programing, to include but not limited to: 1. ADA compliant restroom(s). 2. Facilities for drug testing and urinalysis. 3. Administration offices. 4. Utility hook ups. B. Renovate existing Ellis Building second floor to accommodate Monroe County Property Appraiser and Social Services Administration; approximately 3,800 S.F. C. Renovate current Ellis Building first floor space for new Senior Center to include but not limited to; approximately 1,700 S.F.: 1. Food preparation. 2. Administration. 3. Computer center. 4. Open space. 2. Article II of the Professional Architectural and Engineering Services Agreement dated January 21, 2015, shall be amended with the scope as outlined in Attachment A to this Task Order. Ellis Building Renovations and Temporary Facilities 1 3. In accordance with Article VII, COMPENSATION paragraph 7. 1.1 of the Professional Architectural and Engineering Services Agreement dated January 21, 2015, the Consultant's fee is based on an estimated construction cost of $200,000 for the interior renovations to the building and $50,000 (out of the actual $100,000) for the temporary facilities. The total estimate of $250,000 shall be used for the Fee Guide Calculator provided by the State of Florida, Department of Management Services for Architectural and Engineering Services. Complexity group "C ", miscellaneous repairs and renovations, establishes a rate of 9.47% for a fee of Twenty -Three Thousand Six Hundred and Sixty -Eight Dollars and 00 /100 ($23,668.00). 4. Article III, ADDITIONAL SERVICES of the Professional Architectural and Engineering Services Agreement dated January 21, 2015, shall be revised to include a Programming fee of Three Thousand Six Hundred Forty -Five Dollars and 00 /100 ($3,645.00) and an additional fee to measure existing drawings at Four Thousand Nine Hundred Ten Dollars and 00 /100 ($4,910.00). For its assumption and performance of all duties, obligations and responsibilities set forth herein, the Consultant shall be paid for all services a total of Thirty -Two Thousand Two Hundred Twenty -Three and 00 /100 ($32,223.00). Consultant shall submit monthly, unless otherwise agreed in writing by the County, a proper invoice to County requesting payment for services properly rendered and due hereunder. The Consultant's invoice shall describe with reasonable particularity the services rendered. The Consultant's invoice shall be accompanied by such documentation or data in support of expenses for which payment is south as the County may require. 6. All other terms and conditions of the Task Order shall be in accordance with the Architectural and Engineering Services Agreement dated January 21, 2015. IN WITNESS WHEREOF, each party caused Task Order to be executed by its duly authorized representative. DIRECTOR, PUBLIC WORKS /ENGINEERING l - Xvin Wilson late CONSULT r WA 3 — m P. Horn Architect, P.A. Date Ellis Building Renovations and Temporary Facilities 2 ATTACHMENT A 2.1 Scope of Work Professional services shall include, but not be limited to: Holding and conducting informational hearings with the relevant agencies, holding monthly progress meetings with the tenants and Monroe County Engineering staff. Preparation and completion of the design Program (See 2.0.6- 2.0.7) for conceptual plan, space requirements and relationships, schematic design, ADA compatible design for interiors, 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 Project. 2.1:2 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. 2.1.3 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 the project "Program ". The Program 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 Program shall include at least the following information: a. Summary description of the renovation project. b. Project goals, assumptions, and known limitations. c. Building and site accessibility. d. 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.). e. Indoor services and technology requirements. f. Space -by -space design requirements. g. Architectural, mechanical and electrical systems operation and maintenance expectations. h. HVAC, lighting and audio /visual controls expectations. L Summary of Owner- furnished and Owner - installed equipment. j. Occupant and Maintenance training requirements. Ellis Building Renovations and Temporary Facilities 3 2.1.4 DEFINITION OF BASIC SERVICES 2.1.4.1 CONSULTANT's Basic Services consist of those described in Paragraphs 2.2 through 2.5, and other services identified as part of Basic Services, and include normal architectural, structural, mechanical, and electrical engineering services. 2.1.4.2 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. 2.1.4.3 The CONSULTANT will hold bi- weekly Progress meetings in Marathon 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. 2.2 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. 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 60% and 95% of the Schematic Design Phase, the CONSULTANT shall provide schematic design studies for the Owner's review and the Monroe County's Project Management Department's information. 2.2.6 Upon completion of the Schematic Design Phase, the CONSULTANT shall provide drawings, outline specifications, estimate of anticipated cost in accordance with the schematic designs, and other documents for the Owner's approval and the Monroe County's Project Management Department's information. 2.2.7 The Schematic Design must be approved in writing, by the Owner prior to CONSULTANT continuing to the Design Development Phase. Ellis Building Renovations and Temporary Facilities 4 2.3 SCHEMATIC DESIGN PHASE REQUIREMENTS 2.3.1 The Schematic Design Phase services shall respond to program requirements and consist of preparation of: 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: a. Structural Design /Documentation services during the Schematic Design Phase consisting of recommendations regarding basic structural materials and systems, analyses, and development of conceptual design solutions for: a predetermined structural system and alternate structural systems. b.. Mechanical Design /Documentation services during the Schematic Design Phase consisting of consideration of alternate materials, systems and equipment, and development of conceptual design solutions for: energy source (s), energy conservation, heating and ventilating, air conditioning, plumbing, fire protection, special mechanical systems, process systems, and general space requirements. 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 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. f. 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 Ellis Building Renovations and Temporary Facilities 5 variable acoustic elements, identification of need and budget for Library 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. 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. 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. Floor, slab, and level elevations. g. Typical door types. h. Typical partition types. i. Acoustical penetrations, adjustable systems, layout of spaces. j. Built -in furniture items — special furniture and equipment (early clarification of what is "NIC" and "by owner "). Ellis Building Renovations and Temporary Facilities 6 k. 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. All fenestration. b. Overall vertical building and floor heights. c. Indicate cross - reference points with sections. d. Indicate treatment of visible mechanical equipment.: 2.5.3 Sections Overall Sections — Overall building longitudinal and transverse "building explanation" type. Detail Wall Sections — Largest scale (e.g., W). Dominate full- height sections conveying basic building configuration, to indicate: a. Typical wall construction. b. Back -up structure, abutting floor systems. C. Window location and insulation methods. d. Mechanical penetrations impact (furring, etc.). 2.5.4 Details — Large scale (1 -1/2 ", 3 ") as required. Indicate key conditions. a. Interior partition types (typical only; keyed to plans and schedules). b.Built -in furniture items, receptions, desks, work tops, counters, cabinet types, displace 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. Ceiling materials. d. Acoustic treatments. e. Heating and ventilating register, diffuser locations. f. Sprinklers. g. Access panels. Ellis Building Renovations and Temporary Facilities 7 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. 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. 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. C. Framing indication and governing sizing. d. Non - typical framing scheme where required. e. Preliminary details of major unique conditions that impact on scheme (as determined by the CONSULTANT). f. Details indicating accommodation with mechanical /electrical at areas of major interface. g. Design development specifications. h. Any necessary recommended adjustments to the preliminary estimate of construction cost. 2.5.11 Mechanical /Electrical Design Development Set a. Typical floor plans. b. Systems representation in diagrammatic (non - detailed) style. C. 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. d. Required punctures: wall, slab, and beam. 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: i. Integrated diagrammatic lighting plans indicating all overhead mechanical and electrical equipment for typical floor and special spaces. ii. Cuts and explanatory information for interior visual items such as: louvers, registers, heating /cooling units, and cabinets. iii. Exterior louver requirements and proposed locations. Ellis Building Renovations and Temporary Facilities 8 2.5.12 Acoustical Design Development Sets 1. Room Acoustics a. Determine adjustable /permanent acoustic material and locations. b. Discuss room finish options. c. Provide layouts for all spaces. 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 Spaces 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.) 1. 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. 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 9thernet 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. Ellis Building Renovations and Temporary Facilities 9 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 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. 2.8 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. Ellis Building Renovations and Temporary Facilities 10 2.8.3 The CONSULTANT shall carefully observe the work of the Contractor and shall, at a minimum, observe the work at the Project site once 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. 2.8.8 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. 2.8.10 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. Ellis Building Renovations and Temporary Facilities 11 2.8.16 The CONSULTANT shall render written decisions within a reasonable time on all claims, disputes or other matters in question between Owner and Contractors relating to the execution or progress of the Work as provided in the Contract Documents. 2.8.17 Duties, responsibilities and limitations of authority of the CONSULTANT shall not 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 Ellis Building Renovations and Temporary Facilities 12 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. 2.9 COMISSIONING 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. 2.9.5 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. Ellis Building Renovations and Temporary Facilities 13