Item C27
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
February 16. 17.2000
Division:
Public Works
Bulk Item: Yes ~ No
Department:
Engineering
AGENDA ITEM WORDING: Approval to renew annual contracts with Bert Bender & Associates
Architects and William P. Horn, Architect, for AlE services for construction projects costing $500,000.00
or less, and authorization for Mayor to execute same.
ITEM BACKGROUND: On October 23, 1998, five Architectural firms responded to our Request for
Professional Services. All firms were evaluated with Bender & Associates, and William Horn, ranking on
top. An annual contract with two firms enables us to respond to the needs of the public and the County in
the most productive way possible, especially when one firm is extremely busy and the work cannot be
performed in-house. Work Orders will be issued to the architects as the need arises.
PREVIOUS RELEVANT BOCC ACTION: On December 9, 1998, BOCC approved to negotiate a
contract with Bender & Associates Architects, P.A. and William P. Horn, Architect, P,A. On March 10th,
1999, BOCC approved annual contracts with Bender & Associates Architects, P.A., and William P. Horn,
Architect, P.A. which included the option to renew for three additional years.
ST AFF RECOMMENDATION: Approval as stated above.
TOTAL COST: Based on State Fee Curve and estimated BUDGETED: Yes
Construction Cost. Actual amounts will be
Determined when the Work Orders are issued
x
NO
Cost to County: Same
REVENUE PRODUCING: YES
NO..x.. AMOUNT PER MONTH
YEAR
APPROVED BY: Coun
OMB/Purchasing
Item Prepared by:
DOCUMENTATION: Included L To follow
Not reqUired~
AGENDA ITEM # ~
DISPOSITION:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Bender & Associates, P.A.
Effective Date: 03
Expiration Date: 03
/10 /00
/10 /01
Contract Purpose/Description:
Renewal of the annual contract for Architectural Services on construction projects costing
$500,000.00 or less.
Contract Manager Stephen W. Piazza
(Name)
4528
(Ext. )
Engineering
(Department)
for BOCC meeting on 02 /16,17/00
Agenda Deadline: 02/ 02 /00
CONTRACT COSTS
Total Dollar Value of Contract: $ N/A Current Year Portion: $ N/A
Budgeted? Yes X No Account Codes:
Grant: $
County Match: $
Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
/yr For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
Date In
CONTRACT REVIEW
Changes
Needed Reviewer
Yes ~V L-~ pL)
(~ .t;)~ ~--t:~
(0' yO/fA- fk~
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Date Out
Division Director ~ I ? 100
~ranagemen~ $....J -1-J m (
~.B./Pur~ng LJ 311 06 (
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County Attorney
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Comments:
OMB Form Revised 8/30/95 MCP #2
RENEWAL CONTRACT
(Annual contract for Architectural Services)
This renewal contract for ARCHITECTURAL SERVICES BETWEEN OWNER
AND ARCHITECT (the "Contract") is made and entered into by MONROE COUNTY,
BOARD OF COUNTY COMMISSIONERS (the "Owner") and BENDER &
ASSOCIATES, ARCHITECT, P.A. (the "Architect") this 16h day of February, 2000.
1. In accordance with the original contract of March 10, 1999, more particularly,
Page 1, Paragraph 5, "services will include an annual contract with the Monroe
County Board of County Commissioners, with the option to renew for three
additional years". This is the first renewal of this contract.
2. The term of this renewal contract shall commence on March 10th, 2000, and is
subject for renewal again on March 10,2001.
3. In all other respects, the original contract between the Owner and Architect dated
March 10th, 1999, remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and
year first written above.
(Seal)
Attest: DANNY L KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
Mayor/Chairman
Bert L. Bender, Architect, P.A.
CONTRACT FOR
ARCIDTECTURAL SERVICES
BETWEEN OWNER AND ARCIDTECT
1999 EDITION
These contract documents should be used only after consultation with counsel. The
documents are not intended as legal advice appropriate to any specific situation, nor do
they purpon to address ~l issues which may arise between the contracting parties. The
documents should be amended or supplemented where appropriate.
This CONTRACT FOR ARCHITECTURAL SERVICES BETWEEN OWNER
AND ARCHITECT (the "Contract") is made and entered into by MONROE COUNTY,
BOARD OF COUNTY COMMISSIONERS (the "Owner") and WILLIAM P. HORN
ARCHITECT, P.A. (the "Architect").
This Contract is executed under seal and shall be effective on the date executed by
the last party to execute it.
The architectural services required by this Contract are to be rendered for small
projects consisting of remodeling, roofing, ADA compliance, or renovations of building
and other capital improvements, in which construction costs do not exceed $500,000.00.
Services will include an annual contract with the Monroe County Board of
County Commissioners, with the cption to renew for three additional years.
Professional services shall include, but not be limited to: Preparation and completion of
the design program for space requirements and relationships, schematic design, design
development, preparation of contract documents for bids, preparation and advertisement
for Request for Bids, tabulation and review of bids, recommendation of contract awards,
cost estimating during design and document preparation, administration of contract
documents. consultation and on-site inspections during construction, recommend
and approved by the Owner may not be exceeded by the Architect except for delay
caused by events not within the control of the Architect or foreseeable by him. In the
event the Architect does not conform to the schedule, then the Architect may be assessed
a charge up to one percent (1%) of the fee per week until the work product is produced in
an acceptable manner. The penalty shall apply only to the completion of documents
required for bidding, said date being met with the delivery of one final set to the Owner.
The Owner shall assess the charge only after it is determined that the work delay is solely
the fault of the Architect and his subconsultants and is not the fault of the owner or other
panies not under the control of the Architect.
ARTICLE II
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 Architect's Basic Services consist of those described in Paragraphs 2.2 through
2.5. and any other services identified as part of Basic Services, and include normal
structural, mechanical and electrical engineering services. The Architect will commence
work on the services provided for in this contract promptly upon his receipt of a written
notice to proceed from the Owner. The notice to proceed must contain a description of
the services to be performed, the time within which services must be performed and the
appropriate fee calculated pursuant to Article vm.
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. The
Architect shall be responsible for designing the Project in accordance with the analyses
and recommendations of the geotechnical information furnished per Article 4.5.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall review the program, schedule and construction budget
furnished by the Owner to ascertain the requirements of the Project and shall arrive at a
mutual understanding of such requirements with the Owner.
2.2.2 The Architect shall review with the Owner and Construction Manager: proposed
site use and improvements, required permits, zoning, selection of matenals, building
systems and equipment; and methods of Project delivery.
2.2.3 The Architect shall review with the Owner and Construction Manager 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 Architect 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 intervals appropriate to the progress of the Schematic Design Phase, the
Architect shall provide schematic design studies for the Owner's review and the
Construction Manager's information.
2.2.6 Upon completion of the Schematic Design Phase, the Architect 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 Construction
Manager's information.
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 or billed as a
reimbursable expense if that service is performed by additional consultants after the
Owner's written approval.
The Architect shall perform the following design phase tasks:
a. Structural DesignlDocumentation 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 DesignlDocumentation 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 DesignlDocumentation 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.
4
d. Civil DesignlDocumentation 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, and
pavmg.
2.4 DESIGN DEVELOPMENT/CONSTRUCTION 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 Architect
shall prepare Design Development Documents for the Construction Manager's review
andthe Owner's approval. The Design Development Documents shall consist of drawing
and other documents that establish and describe the size and character of the Project as to
architectural, 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
Architect, the Architect shall provide drawings and other documents which depict the
current status of design development for the Owner's review and the Construction
Manager's information. The Architect 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 Architect shall provide
drawings, outline specifications and other documents for the Owner's approval and the
Construction Manager's information. The Architect shall provide an estimate of
anticipated costs in accordance with the design development phase.
2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS
To satisfactorily perform the design development phase requirement, the Architect
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 fixed
b. Structural grid or system
c. Major mechanical/electrical systems determined and their requirements
reflected and indicated on plans
d. Indicate building core - elevators, stairs, etc.
e. All internal partitions of appropriate thickness indicated
f. Floor. slab, and level elevations
5
g. Typical door types
h. Typical partition types
1. Built-in furniture items - special 'furniture and equipment (early
clarification of what is "NIe" and "by owner'')
J. Larger scale (e.g., 1/4"). Key areas, lobby, entries, public plaza, major
corridors, special spaces, etc. Required: All surfaces (floor, wall, and
ceiling treatments), furniture indication, and layout.
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 \Vall Sections - Largest scale (e.g., 3/4''). Dominant full-height sections
conveying basic building configuration, to indicate:
a. Foundation and perimeter treatment
b. Typical wall construction
c. Back-up structure, abutting floor system
d. Window location and insulation methods
e. Flashing, masonry coursings
f. Mechanical penetrations impact (furrings, 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)
e. Metal and glass walls, borrowed lights, etc.; for division, profile, and
glazing
g. Interior partition types (typical only; keyed to plans and schedules)
6
h. 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 spaces. 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 nonrepetitive and comprehensive, with specific
keying to floor plans and elevations.
a. Interior finishes
b. Doors and frames
c. Preliminary hardware
d. Windows/glazing
2.5.8 Specifications - Comprehensive, abbreviated methods, materials and systems
descriptions in tune with the drawings. Use CSI fonnat with applicable section numbers.
Include all consultant portions as well as those special and 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 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
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d. Nontypical 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 architect)
1. 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 MechanicallElectrical Design Development Set
a. Typical floor plans. Systems representation in diagrammatic (nondetailed)
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, root) with items of heavy equipment shown
in diagrammatic style, with their space requirements indicated:
(1) Boilerlheater spaces (include clear height requirements),
(2) Transformer vaults (approval 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 architect)
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
2. Cuts and explanatory information for interior visual items such as:
louvers, registers, heating/cooling units, and cabinets
3. Exterior louver requirements and proposed locations.
g. Design development specifications
h. Any necessary adjustments to the preliminary estimate of construction
cost.
8
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
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.
1. Plant materials (indication and preliminary schedule)
J. Design development details: railings, stairs, ramps, paving types and
patterns, kiosks, benches, light standards, others
k. Design development specifications
1. Any necessary adjustments to the preliminary estate of construction cost.
2.5.13 Other Consultants' Design Development Sets
As appropriate to the Project.
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 of in the
construction budget, the Architect shall prepare, for approval by the Owner and
Construction Manager, Construction Documents consisting of Drawings and
Specifications setting forth in detail the requirements for the construction of the project.
2.6.2 The Architect shall provide Drawings and Specifications for the Owner's and the
Construction Manger's review.
2.6.3 Upon completion of the Construction Documents Phase, the Architect shall
pro\"ide Construction Documents for the Owner's and Construction Manager's approval.
The .-\rchitect shall provide an estimate of anticipated costs in accordance with the
construction development phase.
9
2.6.4 The Architect shall assist the Owner and Construction Manager in the preparation
of the necessary bidding information, bidding forms, the Conditions of Contracts, and the
forms of Agreements between the Owner and the Contractors.
2.6.5 The Architect'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 Architect will conform the construction documents in such manner to
receive permits upon such plans. Work required by the Architect to conform the
documents to federal, state, city, county, or agency specifications 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 Architect, following the Owner's approval of the Construction Documents
and the Architect's latest estimate of Construction Cost, shall assist the Construction
Manager in obtaining bids or negotiated proposals and assist in preparing contracts for
construction.
2.7.2 The Architect shall assist the Construction Manager in issuing bidding documents
to bidders and conducting pre-bid conferences with prospective bidders. The Architect,
with the assistance of the Construction Manager, shall respond to questions from bidders,
and shall issue addenda.
2.7.3 The Architect shall assist the Owner and Construction Manager in connection
with the Owner's responsibility for filing documents required for the securing of a
building permit after the County has obtained development approval. Assistance with
securing a development approval will be in the form of providing schematic drawings.
2.8
CONSTRUCTION PHASE
CONSTRUCTION CONTRACT
ADMINISTRATION
OF
THE
2.8.1 The Architect'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 Architect and
Contractor. The Architect will administer the Owner/Contractor contract as provided for
in that document. The Architect 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 Architect shall at all times have access to the Work whenever it IS In
preparation or progress.
10
2.8.3 The Architect 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 Architect or Construction
Manager.
2.8.4 Upon receipt, the Architect shall carefully review and examine the Contractor's
Schedule of Values, together with any supporting documentation or data which
the Owner or the Architect 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 Architect to the
contrary in writing, the Schedule of Values shall be returned to the Contractor for
revision or supporting documentation or data. After making such examination, if the
Schedule of Values is found to be appropriate as submitted, or if necessary, as revised,
the Architect 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 Architect 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 Architect shall carefully inspect the work of the Contractor and shall, at a
minimum, inspect work at the Project site once every week. The purpose of such
inspections shall be to determine the quality and quantity of the work in comparison with
the requirements of the Construction Contract. In making such inspections, the Architect
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 inspection, the Architect shall submit a written report of such inspection, together
with any appropriate comments or recommendations to the Owner.
2.8.6 The Architect shall initially approve periodic and final payments owed to the
Contractor under the Construction Contract predicated upon inspections 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 Architect reliably informs the Owner that the
Architect 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
Architect has (1) made exhaustive or continuous on-site inspections to check the quality
or quantity of the Work. (2) reviewed construction means, methods, techniques,
II
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 ~ontractor has used money previously paid on account ofthe Contract Sum.
2.8.8 The Architect shall have authority, after notification to the Construction Manager,
to reject Work which does not conform to the Contract Documents. Whenever the
Architect considers it necessary or advisable for implementation of the intent of the
Contract Documents the Architect 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 Architect 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 infonnation given and the design
concept expressed in the Contract Documents. The Architect'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 Architect's
professional judgment to permit adequate review. Review of such submittals is not
conducted for the purpose of determining the accuracy and completeness of other details
such as dimensions and quantities or for substantiating instructions for installation or
performance of equipment or systems designed by the Contractors, all of which remain
the responsibility of the Contractors to the extent required by the Contract Documents.
The Architect's review shall not constitute approval of safety precautions or, unless
otherwise specifically stated by the Architect, of construction means, methods,
techniques, sequences, or procedures. The Architect'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 Architect 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. Architect shall take
appropriate action on submittals within 14 calendar days.
2.8.10 The Architect shall review and sign or take other appropriate action on Change
Orders and Construction Change Directives prepared by the Construction Manager for
the Owner.s approval and execution in accordance with the Contract Documents.
Architect to take appropriate action within 7 calendar days.
2.8.11 The Architect 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 Architect shall require inspection or reinspection and testing or retesting of
the work in accordance with the provisions of the Construction Contract whenever
appropriate.
12
2.8.13 The Architect, assisted by the Construction Manager, shall conduct inspections to
determine the date or dates of Substantial Completion and the date of Final Completion.
The Architect shall forward to the Construction Manager warranties and similar
submittals required by the Contract Documents which have been received from the
Contractor. The Architect shall issue a final Project Certificate for Payment upon
compliance with the requirements of the Contract Documents.
2.8.14 The Architect shall interpret and decide matters concerning performance of the
Contractor under the requirements of the Contract Documents upon written request. The
Architect's response to such requests shall be made with promptness and within seven
days of receipt of request.
2.8.15 Interpretations and decisions of the Architects 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 Architect shall render written decisions within a reasonable time on all
claims, disputes or other matters in question between the 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 Architect shall not be
restricted, modified or extended without written agreement of the Owner and Architect.
2.8.18 The Architect 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 advise 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 Architect 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 Architect 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 Architect shall not
be responsible for the Contractor's schedules or failure to carry out the Work in
accordance with the contract Documents. The Architect 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 ofthe Work.
2.8.21 The Architect shall testify in any judicial proceeding concerning the design and
construction of the Project when requested in writing by the Owner, and the Architect
shall make available to the Owner any personnel or consultants employed or retained by
13
the Architect 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 given will be provided as part of basic services
when in defense of claims for actions of the Architect, unless otherwise prevented by
counsel of the architect and which time it would be subject to subpoena. For other claims
against the Owner, the Architect will do this under an expert witness with compensation.
2.8.22 The Architect 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 Architect shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the Architect or its
consultants, or both.
2.8.24 The Architect must reimburse the Owner for any added costs paid by the Owner
during construction that were incurred as the result of any omission, deficiency, or
conflict in the work product of the Architect, its consultants, or both. This added expense
is defined as the difference in cost from that which the Owner would have paid if the
work was included in the bid, and the actual cost presented by the Contractor.
ARTICLE ill
3.1 GENERAL
3.1.1 The services described in this Article ill are not included in Basic Services. They
shall be paid for by the Owner as provided in this agreement as an addition to the
compensation paid for the Basic Services but only if approved by the Owner before
commencement.
3.2 PROJECT REPRESENTATION
BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in subparagraph 2.8.5
is required, the Architect shall provide one or more Project Representatives to assist in
carrying out such additional on-site responsibilities.
3A OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing detailed quantity surveys or inventories of material and equipment.
3A.2 Providing analyses of owning and operating costs.
3A.3 Providing interior design and other similar services required for or in connection
with the selection, procurement or installation of furniture, furnishings and related
equipment.
14
3.4.4 Providing assistance in the utilization of equipment or systems such as testing,
adjusting and balancing, preparation of operation and maintenance manuals, training
personnel for operation and maintenance, and consultation during operation.
3.4.5 Providing analyses of the Owner's needs and programming the requirements of
the Project.
3.4.6 Providing planning surveys, site evaluations or comparative studies of prospective
sites.
3.4.7 Providing special surveys or environmental studies required for approvals of
governmental authorities or others having jurisdiction over the Project.
3.4.8 Providing services relative to future facilities, systems and equipment.
3.4.9 Providing detailed estimates of the construction cost (an item by item enumeration
and analysis of all the costs that go to make up the Architect's final estimate described in
paragraph 5.1).
3.4.10 Making investigations, inventories of materials or equipment, or valuations and
detailed appraisals of existing facilities.
3.4.11 Providing services of consultants for other than architectural, structural,
mechanical and electrical engineering portions of the Project provided as a part of Basic
Services.
3.4.12 Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted architectural practice.
3.4.13 Providing assistance with public agencies requiring fonnal review of project and
preparation of documents, reports, studies, renderings, models, payment of fees,
applications and other material necessary to seek such approval.
3.4.14 Providing representation before public bodies in conjunction with approval of
project, upon approval by owner.
3.5 CONTINGENT ADDITIONAL SERVICES
3.5.1 Making revisions in Drawings, Specifications or other documents when such
revisions are:
a. Inconsistent with approvals or instructions previously given by the Owner,
including revisions made necessary by adjustments in the Owner's
program or Project budget~
15
b. Required by the enactment or revIsion of codes, laws or regulations
subsequent to the preparation of such documents and not reasonably
anticipated; or
c. Due to changes required as a result of the Owner's failure to render
decisions in a timely manner.
3.5.2 Providing services required because of significant changes in the Project
including, but not limited to, size, quality, complexity, the Owner's schedule, or the
method of bidding or negotiating and contracting for construction.
3.5.3 Providing consultation concerning replacement of Work damaged by fire or other
cause during construction, and furnishing services required in connection with the
replacement of such Work.
3.5.4 Providing services in connection with public hearings.
ARTICLE IV
OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide full information regarding requirements for the Project,
including a program which shall set forth the Owner's objectives, schedule, constraints
and criteria, including space requirements and relationships, flexibility, expandability,
special equipment, systems, and site requirements.
4.2 The Owner shall establish and update an overall budget for the Project based on
consultation with the Construction Manager and the Architect, which shall include the
Construction Cost, the Owner's other costs and reasonable contingencies related to all of
these costs.
4.3 The Owner shall designate the Construction Manager to act on the Owner's behalf
with respects to the Project. The Owner or Construction Manager shall render decisions
in a timely manner pertaining to documents submitted by the Architect in order to avoid
unreasonable delay in the orderly and sequential progress of the Architect's services.
4.4 The Owner shall furnish surveys describing physical characteristics, legal
limitations and utility locations for the site of the Project, and a written legal description
of the site. The surveys and legal information shall include, as applicable, grades and
lines of streets, alleys, pavements, and adjoining property and structures; adjacent
drainage; rights-of-way; restrictions, easements, encroachments, zoning, deed restrictions,
boundaries and contours of the site; locations, dimensions and necessary data pertaining
to existing buildings, other improvements and trees; and information concerning available
utility services and lines, both public and private, above and below grade, including
inverts and depths. All the information on the survey shall be referenced to a Project
benchmark.
16
4.5 The Owner shall furnish the geotechnical tests when requested by the Architect.
Such tests may include but are not limited to test borings, test pits, detenninations of soil
bearing values, percolation tests, evaluations of hazardous materials, and ground
corrosion and resistivity tests, including necessary operations for anticipating subsoil
conditions, with reports and appropriate professional recommendations.
4.6 The Owner shall furnish all legal, accounting and insurance counseling services as
may be necessary at any time for the Project, including auditing services the Owner may
require to verify the Contractor's Application for Payment or to ascertain how or for what
purposes the Contractor has used the money paid by or on behalf of the owner.
4.7. The services, infonnation, surveys and reports shall be furnished at the Owner's
expense, and the Architect shall be entitled to rely upon the accuracy and completeness
thereof.
4.8 Prompt written notice shall be given by the Owner and Construction Manager to
the Architect if they become aware of any fault or defect in the Project or non-
confonnance with the Contract Documents.
4.9 The proposed language of certificate or certifications requested of the Architect or
Architect's consultants shall be submitted to the Owner for review and approval at least
14 days prior to execution. The Owner shall not request certifications that would require
knowledge or services beyond the scope of this Agreement.
4.10 The Owner shall furnish the required infonnation and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
Architect's services and Work of the Contractors.
4.11 The Owner shall furnish the Architect copies of written communications.
4.12 The Owner's review of any documents prepared by the Architect or its consultants
shall be solely for the purpose of determining whether such documents are generally
consistent with the Owner's Criteria, as, and if, modified. No review of such documents
shall relieve the Architect of responsibility for the accuracy, adequacy, fitness, suitability
or coordination of its work product.
4.13 The Owner shall furnish structural, mechanical, chemical, air and water pollution
tests, tests for hazardous materials, and other laboratory and environmental tests,
inspections and reports required by law or the Contract Documents.
17
ARTICLE V
CONSTRUCTION COST
5.1 Contemporaneously with the submission of the Design for Construction, the
Architect shall submit to the Owner in writing its final estimate of the contractor's
anticipated price for constructing the Project. Once submitted, the final anticipated price
estimate shall be adjusted by the Architect to reflect any increase or decrease in
anticipated price resulting from the change in Design for Construction.
5.2 The Construction Cost shall be the total estimated cost to the Owner of all
elements ofthe Project designed or specified by the Architect.
5.3 The Construction Cost shall include the cost at current market rates of labor and
materials furnished by the Owner and equipment designe~ specifie~ selected or
specially provided for by the Architect, plus a reasonable allowance for the Contractor's
overhead and profit.
5.4 Construction cost does not include the compensation of the Architect and the
Architect's consultants, the costs of land, rights-of-way, financing or other costs which
are the responsibility of the Owner.
5.5 The Architect agrees that, should the bid for construction ofthe project exceed it's
estimate by ten percent (10%) or more, it will redesign, redraw and/or rebid, at no
additional cost or expense to the Owner, until the bids are within the stated limits.
ARTICLE VI
6.1 INDEMNIFICATION AND HOLD HARMLESS
6.1.1 The Architect convenants and agrees to indemnify and hold harmless Monroe
County and Monroe County Board of County Commissioners from any and all claims for
bodily injury (including death), personal injury, and property damage (including property
owned by Monroe County) and any other losses, damages, and expenses (including
attorney's fees) which arise out of, in connection with, or by reason of services provided
by the Architect in any tier, occasioned by the negligence, errors, or other wrongful act or
omission of the Architect in any tier, their employees, or agents. The first ten dollars
(S I 0.00) of remuneration paid to the Architect 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 Owner by virtue of any deficiency or ambiguity in the plans and
specifications provided by the Architect, the Architect agrees and warrants that he shall
hold the Owner harmless and shall indemnify him from all losses occurring thereby and
shall further defend any claim or action on the Owner's behalf.
18
ARTICLE vn
7.1 PERSONNEL
7.1.1 The Architect shall assign only qualified personnel to perform any service
concerning the Project. At the time of execution of this Contract, the parties anticipate
that the following named individuals will perform those functions as indicated:
Name
= ffeii~~~
/Z/rsv~o Ih<:A I-I/HI\..
Function
*,~~,(6J1~
AA-~"nH::J /uznN
So long as the individuals named above remain actively employed or retained by the
Architect, they shall perform the functions indicated next to their names.
ARTICLE VIII
8.1 PAYMENTS
8.1.1 For its assumption and performance of the duties, obligations and responsibilities
set forth herein, the Architect shall be paid monthly, not to exceed the percentages shown
in Paragraph 8.1.I.A.
(A) The Architect shall be paid for those services required by this Contract the
amounts listed on Exhibit A as described in State Fee Curve and fixed hourly
rates.
1.
2.
3.
4.
5.
Schematic Design Phase:
Design Development Phase:
Construction Documents Phase:
Bidding or Negotiation Phase:
Construction Phase
10 percent
15 percent
45 percent
5 percent
25 percent
(B) For the performance of the optional additional services and contingent
additional services described in Article ill of this contract, provided same are first
authorized in writing by the Owner, the Architect shall be paid hourly at the
following rates:
(See Exhibit A)
19
(C) If the Architect's duties, obligations and responsibilities are materially
changed through no fault of the Architect after execution of this Contract,
compensation due to the Architect shall be equitably adjusted, either upward or
downward;
(0) As a condition precedent for any payment due under this Contract, the
Architect shall submit monthly, unless otherwise agreed in writing by the Owner,
an invoice to the Owner requesting payment for services properly rendered and
reimbursable expenses due hereunder. The Architect's invoice shall describe with
reasonable particularity the service rendered. The Architect's invoice shall be
accompanied by such documentation or data in support of expenses for which
payment is sought as the Owner may require
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable expenses include expenses incurred by the Architect in the interest
of the Project:
a. Expense of transportation and living expenses in c01Ulection with out-of-
county travel authorized by the Owner, but only to the extent and in the
amounts authorized by Section 112.061, Florida Statutes;
b. Fees paid for securing approval of authorities having jurisdiction over the
Project;
c. Reproductions (beyond 6 signed and sealed sets, plus one set of
reproductibles );
d. Postage and handling of Ora wings and Specifications;
e. Renderings and Models requested by the Owner.
f. Expense of additional insurance coverage or limits, including professional
liability insurance requested by the Owner in excess of $1 ,000,000.
8.3 BUDGETS
8.3.1 The Architect may not be entitled to receive, and the Owner 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 the Owner's Board of County Commissioners. The
budgeted amount may only be modified by an affirmative act of the Owner's Board of
County Commissioners.
ARTICLE IX
9.1 APPLICABLE LAW
9.1.1 This Contract is governed by the laws of the State of Florida. Venue for any
litigation arising under this Contract must be in Monroe County, Florida.
:20
ARTICLE X
10.1 OWNERSHIP OF THE PRELIMINARY DESIGN AND THE DESIGN
FOR CONSTRUCTION
10.1.1 The Drawings, Specifications and other documents prepared by the Architect for
this Project are instruments of the Architect's service for use solely with respect to this
Project, and the Architect shall be deemed the author of these documents and shall retain
all common law, statutory and other reserved rights, including the copyright. The Owner
shall be permitted to retain copies, including reproducible copies, of the Architect's
Drawings, Specifications and other documents for information and reference in
coiulection with the Owner's use and occupancy of the Project. The Architectts
Drawings, Specifications or other documents shall not be used by the Owner or others on
other projects, for additions to this Project or for completion of this Project by others,
unless the Architect is adjudged to be in default under this Agreement, except by
agreement in writing and with appropriate compensation to the Architect.
10.1.2 Submission or distribution of documents to meet official regulatory requirements
or for similar purposes in connection with the Project is not to be construed as publication
in derogation of the Architecfs reserved rights.
21
ARTICLE XI,
11.1 SUCCESSORS AND ASSIGNS
11.1.1 The Architect shall not assign its rights hereunder, excepting its right to payment,
nor shall it delegate any of its duties hereunder without the written consent of the Owner.
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.
ARTICLE XII
12.1 NO THIRD PARTY BENEFICIARIES
12.1.1 Nothing contained herein shall create any relationship, contractual or otherwise,
with or any rights in favor of, any third party.
ARTICLE xm
13.1 INSURANCE
13.1.1 The Architect shall obtain insurance as specified in the attached Exhibit B and
maintain the required insurance at all times this Contract is in effect. Errors and
Omissions Insurance shall also be maintained for a period of one year after final
completion of the project. In the event the completion of the project (to include the work
of others) is delayed or suspended as a result of the Architect's failure to purchase or
maintain the required insurance, the Architect shall indemnify the County from any and
all increased expenses resulting from such delay.
13.1.2 The coverage provided herein shall contain an endorsement providing sixty (60)
days notice to the Owner prior to any cancellation of said coverage. Said coverage shall
be written by an insurer acceptable to the Owner and shall be in a form acceptable to the
Owner.
22
ARTICLE XIV
TERMINATION
14.1 Either party hereto may terminate this Contract upon giving seven (7) days'
written notice to the other in the event that such other party substantially fails to perform
its material obligations set forth herein. Termination expenses shall include all expenses
till date of termination and any additional services required in order to stop performance
of services, subject to audit for verification.
14.1.1 Monroe County's performance and obligation to pay under this contract 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 it's
duration.
14.1.2 This contract is a continuing contract as described in Sec. 287.055(2)(g), F.S. In
addition to being terminated by the Owner due to nonappropriation as provided in
subparagraph 14.1.1, this contract may also be tenninated by the Owner without
cause by giving the Architect at least 30 days written notice of such termination.
ARTICLE XV
ENTIRE AGREEMENT
15.1 This Contract constitutes of the form of agreement (Articles I - XV), the exhibits
that are attached and made a part of the Contract, and the documents referred to in the
form of agreement as a part of this Contract. In the event any conflict between any of
those Contract documents, the one imposing the greater burden on the Architect will
control.
15.2 Public Entity Crime Statement. 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 a contract 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 nc;?t 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.
23
ARTICLE..XIV
TERMINATION
14.1 Either party hereto may tenninate this Contract upon giving seven (7) days'
written notice to the other in the event that such other party substantially fails to perfonn
its material obligations set forth herein. Tennination expenses shall include all expenses
till date of tennination and any additional services required in order to stop perfonnance
of services, subject to audit for verification.
14.1.1 Monroe County's perfonnance and obligation to pay under this contract 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 it's
duration.
14.1.2 This contract is a continuing contract as described in Sec. 287.0SS(2)(g), F.S. In
addition to being tenninated by the Owner due to nonappropriation as provided in
subparagraph 14.1.1, this contract may also be tenninated by the Owner without
cause by giving the Architect at least 30 days written notice of such tennination.
ARTICLE XV
ENTIRE AGREEMENT
15.1 This Contract constitutes of the fonn of agreement (Articles I - XV), the exhibits
that are attached and made a part of the Contract, and the documents referred to in the
fonn of agreement as a part of this Contract. In the event any conflict between any of
those Contract documents, the one imposing the greater burden on the Architect will
control.
15.2 Public Entity Crime Statement. 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 a contract 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.
23
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Ml-iJIAIIk f? .JJ 111.~
warrants that he/it has not employed,
retained or otherwise had act on his/its behalf any fonner County officer or employee in
violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in
violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this
provision the County may, in its discretion, tenninate this contract without liability and
may also, in its discretion, deduct from the contract or purchase price, or otherwise
recover, the full amount of any fee, commission, percentage, gi or consideration paid to
the former County officer or employee.
,-
(Signature)
Date:
--
STATE OF
COUNTY OF
Fjy;~~
'3} /~'\117~i
I I
..., '11,
~.. b'1o ANN M MYTNn<
ij, * MyCo.....dlt1allCClS71271
* ~, &Jlpirw .IuU1. aoao
"''':t' . ~~..
"If ,\.0
I
~t of affiant).
~ ~ ..~
. 1/1-111
Y PUBLIC ,
Subscribed and sworn to (or affirmed) before me on
(date) by W.A'j)k~ tjJrJlA'l--'
personally known to me or has produced
of identification) as identification.
(type
My commission expires:
24
IN WITNESS WHEREOF, each party has caused this Agreement to be executed
by it . ...-J.J. l." authorized representative this /c H- day of
...~.-r. , 1999.
E, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By:
B \..u..t\~~.Il-. ~ .~~ ~~
y: -
Mayor/Chairman
Date:
(SEAL)
Attest:
ARCHITECT
William P. Horn Archit~. P .A.
,
By:
Title:
By:
Title:
~
P/l//t/~JPIi..'--
25
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: William P. Horn Architect, P. A.
Effective Date: 03
Expiration Date: 03
/10 /00
/10 /01
Contract Purpose/Description:
Renewal of the annual contract for Architectural Services on construction projects costing
$500,000.00 or less.
Contract Manager Stephen W. Piazza
(Name)
4528
(Ext.)
Engineering
(Department)
for BOCC meeting on 02/16,17/00 Agenda Deadline:
02 /02 /00
CONTRACT COSTS
Total Dollar Value of Contract: $ N/A Current Year Portion: $ N/A
Budgeted? Yes 1L- No Account Codes:
Grant: $
County Match: $
Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
/yr For:
(eg. maintenance, utilities, janitorial, salaries. etc.)
Date In
CONTRACT REVIEW
Changes
Needeyd Reviewer
Yes No -.D. ~ .
( ) ( ) . y \.QML! ff-
(v( (l, L,) ~ ~~-b~,<,-
(~ (}Ltc- f/J1jj;
(~'-
Date Out
Division Director
1- / '7 JJO
d:::J ?; / ~
~anag~\nt .2 / ~/ ~ (
O~~:B.lPu~mg Z-/~/OO
z... / ,3 / oC'
H3/GC)
County Attorney
/ /
~/~~
,
"'2-"2..-0c)
Comments :
OMB Form Revised 8/30/95 MCP #2
RENEWAL CONTRACT
(Annual contract for Architectural Services)
This renewal contract for ARCHITECTURAL SERVICES BETWEEN OWNER
AND ARCHITECT (the "Contract") is made and entered into by MONROE COUNTY,
BOARD OF COUNTY COMMISSIONERS (the "Owner") and WILLIAM P. HORN
ARCHITECT, P.A. (the "Architect") this 16h day of February, 2000.
1. In accordance with the original contract of March 10, 1999, more particularly,
Page 1, Paragraph 5, "services will include an annual contract with the Monroe
County Board of County Commissioners, with the option to renew for three
additional years". This is the first renewal of this contract.
2. The term of this renewal contract shall commence on March 10th, 2000, and is
subject for renewal again on March 10,2001.
3. In all other respects, the original contract between the Owner and Architect dated
March 10th, 1999, remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and
year first written above.
(Seal)
Attest: DANNY L KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
Mayor/Chairman
William P. Horn, Architect, P.A.
~M
B
RQ ERT N
DATE 2--~ -1:'8
and approved by the Owner may not be exceeded by the Architect except for delay
caused by events not within the control of the Architect or foreseeable by him. In the
event the Architect does not conform to the schedule, then the Architect may be assessed
a charge up to one percent (I %) of the fee per week until the work product is produced in
an acceptable manner. The penalty shall apply only to the completion of documents
required for bidding, said date being met with the delivery of one final set to the Owner.
The Owner shall assess the charge only after it is determined that the work delay is solely
the fault of the Architect and his sub consultants and is not the fault of the owner or other
parties not under the control of the Architect.
ARTICLE IT
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 Architect's Basic Services consist of those described in Paragraphs 2.2 through
2.5, and any other services identified as part of Basic Services, and include normal
structural, mechanical and electrical engineering services. The Architect will commence
work on the services provided for in this contract promptly upon his receipt of a written
notice to proceed from the Owner. The notice to proceed must contain a description of
the services to be performe~ the time within which services must be performed and the
appropriate fee calculated pursuant to Article vm.
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. The
Architect shall be responsible for designing the Project in accordance with the analyses
and recommendations of the geotechnical information furnished per Article 4.5.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall review the program, schedule and construction budget
furnished by the Owner to ascertain the requirements of the Project and shall arrive at a
mutual understanding of such requirements with the Owner.
2.2.2 The Architect shall review with the Owner and Construction Manager: proposed
site use and improvements, required permits, zoning, selection of materials, building
systems and equipment; and methods of Project delivery.
2.2.3 The Architect shall review with the Owner and Construction Manager alternative
approaches to design and construction of the Project.
3
CONTRACT FOR
ARCHITECTURAL SERVICES
BETWEEN OWNER AND ARCHITECT
1999 EDITION
These contract documents should be used only after consultation with counsel. The
documents are not intended as legal advice appropriate to any specific situation, nor do
they purport to address all issues which may arise between the contracting parties. The
documents should be amended or supplemented where appropriate.
This CONTRACT FOR ARCHITECTURAL SERVICES BETWEEN OWNER
AND ARCHITECT (the "Contract") is made and entered into by MONROE COUNTY.
BOARD OF COUNTY COMMISSIONERS (the "Owner") and BENDER &
ASSOCIATES ARCHITECTS, P.A. (the "Architect'').
This Contract is executed under seal and shall be effective on the date executed by
the last party to execute it.
The architectural services required by this Contract are to be rendered for small
projects consisting of remodeling, roofing, ADA compliance, or renovations of building
and other capital improvements, in which construction costs do not exceed $500,000.00.
Services will include an annual contract with the Monroe County Board of
County Commissioners, with the option to renew for three additional years.
Professional services shall include, but not be limited to: Preparation and completion of
the design program for space requirements and relationships. schematic design, design
development, preparation of contrac..t documents for bids, preparation and advertisement
for Request for Bids, tabulation and review of bids, recommendation of contract awards,
cost estimating during design and document preparation, administration of contract
documents. consultation and on-site inspections during construction, recommend
approval of contractor invoices, preparation and submittal of pennitapplications, zoning
applications and presentation to the County Commission.
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, the Owner and the Architect agree:
FORM OF AGREE1v1ENT
ARTICLE I
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Contract, the Architect makes the following express
representations and warranties to the Owner:
1.1.1 The Architect is professionally qualified to act as the architect for the Project and
is licensed to practice architecture by all public entities having jurisdiction over the
Architect and the Project;
1.1.2 The Architect shall maintain all necessary licenses, pennits or other authorizations
necessary to act as architect for the Project until the Architect's duties thereunder have
been fully satisfied;
1.1.3 The Architect has become familiar with the Project site and the local conditions
under which the Project is to be designed, constructed, and operated;
1.1.4 The Architect shall prepare all documents required by this Contract including, but
not limited to, all contract plans and specifications, in such a manner that they shall be
accurate, coordinated and adequate for construction and shall be in confonnity and
comply with all applicable law, codes and regulations. The Architect warrants that the
documents prepared as a part of this Contract will be adequate and sufficient to
accomplish the purposes of the Project;
1.1.5 The Architect assumes full responsibility to the extent allowed by law with
regards to his perfonnance and those directly under his employ as Architect of Record.
1.1.6 The Architect's services shall be perfonned as expeditiously as is consistent with
professional skill and care and the orderly progress of the Work. The Afchitect shall
submit. for the Owner's and Construction Manager's infonnation, a schedule for the
performance of the Architect's services which may be adjusted as the Project proceeds if
approved by the Owner, and shall include allowances for periods of time required for the
Owner's and Construction Manager's review, and for approval of submission by
authorities having jurisdiction over the Project. Time limits established by this schedule
2
and approved by the Owner may not be exceeded by the Architect except for delay
caused by events not within the control of the Architect or foreseeable by him. In the
event the Architect does not conform to the schedule, then the Architect may be assessed
a charge up to one percent (1 %) of the fee per week until the work product is produced in
an acceptable manner. The penalty shall apply only to the completion of documents
required for bidding, said date being met with the delivery of one final set to the Owner.
The Owner shall assess the charge only after it is determined that the work delay is solely
the fault of the Architect and his sub consultants and is not the fault of the owner or other
parties not under the control of the Architect.
ARTICLE II
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 Architect's Basic Services consist of those described in Paragraphs 2.2 through
2.5, and any other services identified as part of Basic Services, and include normal
structural, mechanical and electrical engineering services. The Architect will commence
work on the services provided for in this contract promptly upon his receipt of a written
notice to proceed from the Owner. The notice to proceed must contain a description of
the services to be performed, the time within which services must be performed and the
appropriate fee calculated pursuant to Article VITI.
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. The
Architect shall be responsible for designing the Project in accordance with the analyses
and recommendations of the geotechnical information furnished per Article 4.5.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall review the program, schedule and construction budget
furnished by the Owner to ascertain the requirements of the Project and shall arrive at a
mutual understanding of such requirements with the Owner.
2.2.2 The Architect shall review with the Owner and Construction Manager: proposed
site use and improvements, required permits, zoning, selection of materials, building
systems and equipment; and methods of Project delivery.
2.2.3 The Architect shall review with the Owner and Construction Manager 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 Architect 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 intervals appropriate to the progress of the Schematic Design Phase, the
Architect shall provide schematic design studies for the Owner's review and the
Construction Manager's information.
2.2.6 Upon completion of the Schematic Design Phase, the Architect 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 Construction
Manager's information.
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 or billed as a
reimbursable expense if that service is performed by additional consultants after the
Owner's written approval.
The Architect shall perform the following design phase tasks:
a. Structural DesignlDocumentation 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 DesignlDocumentation 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 conservatio~ heating and ventilating, air conditioning,
plumbing, fire protection, special mechanical systems, process systems,
and general space requirements.
c. Electrical DesignlDocumentation 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.
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d. Civil DesignlDocumentation 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, and
pavmg.
2.4 DESIGN DEVELOPMENT/CONSTRUCTION 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 Architect
shall prepare Design Development Documents for the Construction Manager's review
and the Owner's approval. The Design Development Documents shall consist of drawing
and other documents that establish and describe the size and character of the Project as to
architectural, 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
Architect, the Architect shall provide drawings and other documents which depict the
current status of design development for the Owner's review and the Construction
Manager's information. The Architect 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 Architect shall provide
drawings, outline specifications and other documents for the Owner's approval and the
Construction Manager's information. The Architect shall provide an estimate of
anticipated costs in accordance with the design development phase.
2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS
To satisfactorily perform the design development phase requirement, the Architect
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 fixed
b. Structural grid or system
c. Major mechanical/electrical systems determined and their requirements
reflected and indicated on plans
d. Indicate building core - elevators, stairs, etc.
e. All internal partitions of appropriate thickness indicated
f. Floor, slab, and level elevations
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g. Typical door types
h. Typical partition types
1. Built-in furniture items - special furniture and equipment (early
clarification of what is ''NIe'' and "by owner")
J. Larger scale (e.g., 1/4''). Key areas, lobby, entries, public plaza, major
corridors, special spaces, etc. Required: All surfaces (floor, wall, and
ceiling treatments), furniture indication, and layout.
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., 3/4''). Dominant full-height sections
conveying basic building configuration, to indicate:
a. Foundation and perimeter treatment
b. Typical wall construction
c. Back-up structure, abutting floor system
d. Window location and insulation methods
e. Flashing, masonry coursings
f. Mechanical penetrations impact (furrings, etc.)
g. Parapet design.
2.5.4 Details - Large scale (1-112",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)
e. Metal and glass walls, borrowed lights, etc.; for division, profile, and
glazing
g. Interior partition types (typical only; keyed to plans and schedules)
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h. 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 spaces. 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 nonrepetitive and comprehensive, with specific
keying to floor plans and elevations.
a. Interior finishes
b. Doors and frames
c. Preliminary hardware
d. Windows/glazing
2.5.8 Specifications - Comprehensive, abbreviated methods, materials and systems
descriptions in tune with the drawings. Use CSI format with applicable section numbers.
Include all consultant portions as well as those special and 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 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
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d. Nontypical 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 architect)
1. 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 MechanicallElectrical Design Development Set
a. Typical floor plans. Systems representation in diagrammatic (nondetailed)
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) Boilerlheater spaces (include clear height requirements),
(2) Transformer vaults (approval 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 architect)
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
2. Cuts and explanatory information for interior visual items such as:
louvers, registers, heating/cooling units, and cabinets
3. Exterior louver requirements and proposed locations..
g. Design development specifications
h. Any necessary adjustments to the preliminary estimate of construction
cost.
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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
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 defmed with preliminary plotting
h. Indication of paths, stairs, ramps, berms, terraces, etc.
1. Plant materials (indication and preliminary schedule)
J. Design development details: railings, stairs, ramps, paving types and
patterns, kiosks, benches, light standards, others
k. Design development specifications
1. Any necessary adjustments to the preliminary estate of construction cost.
2.5.13 Other Consultants' Design Development Sets
As appropriate to the Project.
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 of in the
construction budget, the Architect shall prepare, for approval by the Owner and
Construction Manager, Construction Documents consisting of Drawings and
Specifications setting forth in detail the requirements for the construction of the project.
2.6.2 The Architect shall provide Drawings and Specifications for the Owner's and the
Construction Manger's review.
2.6.3 Upon completion of the Construction Documents Phase, the Architect shall
provide Construction Documents for the Owner's and Construction Manager's approval.
The Architect shall provide an estimate of anticipated costs in accordance with the
construction development phase.
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2.6.4 The Architect shall assist the Owner and Construction Manager in the preparation
of the necessary bidding information, bidding forms, the Conditions of Contracts, and the
forms of Agreements between the Owner and the Contractors.
2.6.5 The Architect'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 Architect will conform the construction documents in such manner to
receive permits upon such plans. Work required by the Architect to conform the
documents to federal, state, city, county, or agency specifications 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 Architect, following the Owner's approval of the Construction Documents
and the Architect's latest estimate of Construction Cost, shall assist the Construction
Manager in obtaining bids or negotiated proposals and assist in preparing contracts for
construction.
2.7.2 The Architect shall assist the Construction Manager in issuing bidding documents
to bidders and conducting pre-bid conferences with prospective bidders. The Architect,
with the assistance of the Construction Manager, shall respond to questions from bidders,
and shall issue addenda.
2.7.3 The Architect shall assist the Owner and Construction Manager in connection
with the Owner's responsibility for filing documents required for the securing of a
building permit after the County has obtained development approval. Assistance with
securing a development approval will be in the form of providing schematic drawings.
2.8
CONSTRUCTION PHASE
CONSTRUCTION CONTRACT
ADMINISTRATION
OF THE
2.8.1 The Architect'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 fmal Project Certificate for Payment
including the submission of all project close out documents by the Architect and
Contractor. The Architect will administer the Owner/Contractor contract as provided for
in that document. The Architect 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 Architect shall at all times have access to the Work whenever it is in
preparation or progress.
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2.8.3 The Architect 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 Architect or Construction
Manager.
2.8.4 Upon receipt, the Architect shall carefully review and examine the Contractor's
Schedule of Values, together with any supporting documentation or data which
the Owner or the Architect 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 Architect to the
contrary in writing, the Schedule of Values shall be returned to the Contractor for
revision or supporting documentation or data. After making such examination, if the
Schedule of Values is found to be appropriate as submitted, or if necessary, as revised,
the Architect 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 Architect 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 Architect shall carefully inspect the work of the Contractor and shall, at a
minimum, inspect work at the Project site once every week. The purpose of such
inspections shall be to determine the quality and quantity of the work in comparison with
the requirements of the Construction Contract. In making such inspections, the Architect
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 inspection, the Architect shall submit a written report of such inspection, together
with any appropriate comments or recommendations to the Owner.
2.8.6 The Architect shall initially approve periodic and final payments owed to the
Contractor under the Construction Contract predicated upon inspections 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 Architect reliably informs the Owner that the
Architect 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
Architect has (1) made exhaustive or continuous on-site inspections to check the quality
or quantity of the Work. (2) reviewed construction means, methods, techniques,
II
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 Architect shall have authority, after notification to the Construction Manager,
to reject Work which does not conform to the Contract Documents. Whenever the
Architect considers it necessary or advisable for implementation of the intent of the
Contract Documents the Architect 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 W orlc is fabricated, installed
or completed.
2.8.9 The Architect 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 Architect'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 Architect's
professional judgment to permit adequate review. Review of such submittals is not
conducted for the purpose of determining the accuracy and completeness of other details
such as dimensions and quantities or for substantiating instructions for installation or
performance of equipment or systems designed by the Contractors, all of which remain
the responsibility of the Contractors to the extent required by the Contract Documents.
The Architect's review shall not constitute approval of safety precautions or, unless
otherwise specifically stated by the Architect, of construction means, methods,
techniques, sequences, or procedures. The Architect'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 Architect 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. Architect shall take
appropriate action on submittals within 14 calendar days.
2.8.10 The Architect shall review and sign or take other appropriate action on Change
Orders and Construction Change Directives prepared by the Construction Manager for
the Owner's approval and execution in accordance with the Contract Documents.
Architect to take appropriate action within 7 calendar days.
2.8.11 The Architect 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 Architect shall require inspection or reinspection and testing or retesting of
the work in accordance with the provisions of the Construction Contract whenever
appropriate.
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2.8.13 The Architect, assisted by the Construction Manager, shall conduct inspections to
determine the date or dates of Substantial Completion and the date of Final Completion.
The Architect shall forward to the Construction Manager warranties and similar
submittals required by the Contract Documents which have been received from the
Contractor. The Architect shall issue a [mal Project Certificate for Payment upon
compliance with the requirements of the Contract Documents.
2.8.14 The Architect shall interpret and decide matters concerning performance of the
Contractor under the requirements of the Contract Documents upon written request. The
Architect's response to such requests shall be made with promptness and within seven
days of receipt of request.
2~8.15 Interpretations and decisions of the Architects 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 Architect shall render written decisions within a reasonable time on all
claims, disputes or other matters in question between the 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 Architect shall not be
restricted, modified or extended without written agreement of the Owner and Architect.
2.8.18 The Architect 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 advise 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 Architect 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 Architect 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 Architect shall not
be responsible for the Contractor's schedules or failure to carry out the Work in
accordance with the contract Documents. The Architect 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 Architect shall testify in any judicial proceeding concerning the design and
construction of the Project when requested in writing by the Owner, and the Architect
shall make available to the Owner any personnel or consultants employed or retained by
13
the Architect 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 given will be provided as part of basic services
when in defense of claims for actions of the Architect, unless otherwise prevented by
counsel of the architect and which time it would be subject to subpoena. For other claims
against the Owner, the Architect will do this under an expert witness with compensation.
2.8.22 The Architect 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 Architect shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the Architect or its
consultants, or both.
2.8.24 The Architect must reimburse the Owner for any added costs paid by the Owner
during construction that were incurred as the result of any omission, deficiency, or
conflict in the work product of the Architect, its consultants, or both. This added expense
is defined as the difference in cost from that which the Owner would have paid if the
work was included in the bid, and the actual cost presented by the Contractor.
ARTICLE ill
3.1 GENERAL
3.1.1 The services described in this Article III are not included in Basic Services. They
shall be paid for by the Owner as provided in this agreement as an addition to the
compensation paid for the Basic Services but only if approved by the Owner before
commencement.
3.2 PROJECT REPRESENTATION
BEYOND BASIC SERVICES
3.2.1 Ifmore extensive representation at the site than is described in subparagraph 2.8.5
is required, the Architect shall provide one or more Project Representatives to assist in
carrying out such additional on-site responsibilities.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing detailed quantity surveys or inventories of material and equipment.
3.4.2 Providing analyses of owning and operating costs.
3.4.3 Providing interior design and other similar services required for or in connection
with the selection, procurement or installation of furniture, furnishings and related
equipment.
14
3.4.4 Providing assistance in the utilization of equipment or systems such as testing,
adjusting and balancing, preparation of operation and maintenance manuals, training
personnel for operation and maintenance, and consultation during operation.
3.4.5 Providing analyses of the Owner's needs and programming the requirements of
the Project.
3.4.6 Providing planning surveys, site evaluations or comparative studies of prospective
sites.
3.4.7 Providing special surveys or environmental studies required for approvals of
governmental authorities or others having jurisdiction over the Project.
3.4.8 Providing services relative to future facilities, systems and equipment.
3.4.9 Providing detailed estimates of the construction cost (an item by item enumeration
and analysis of all the costs that go to make up the Architect's final estimate described in
paragraph 5.1).
3.4.10 Making investigations, inventories of materials or equipment, or valuations and
detailed appraisals of existing facilities.
3.4.11 Providing services of consultants for other than architectural, structural,
mechanical and electrical engineering portions of the Project provided as a part of Basic
Services.
3.4.12 Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted architectural practice.
3.4.13 Providing assistance with public agencies requiring formal review of project and
preparation of documents, reports, studies, renderings, models, payment of fees,
applications and other material necessary to seek such approval.
3.4.14 Providing representation before public bodies in conjunction with approval of
project, upon approval by owner.
3.5 CONTINGENT ADDITIONAL SERVICES
3.5.1 Making revisions in Drawings, Specifications or other documents when such
revisions are:
a. Inconsistent with approvals or instructions previously given by the Owner,
including revisions made necessary by adjustments in the Owner's
program or Project budget;
15
b. Required by the enactment or revision of codes, laws or regulations
subsequent to the preparation of such documents and not reasonably
anticipated; or
c. Due to changes required as a result of the Owner's failure to render
decisions in a timely manner.
3.5.2 Providing services required because of significant changes in the Project
including, but not limited to, size, quality, complexity, the Owner's schedule, or the
method of bidding or negotiating and contracting for construction.
3.5.3 Providing consultation concerning replacement of Work damaged by fire or other
cause during construction, and furnishing services required in connection with the
replacement of such Work.
3.5.4 Providing services in connection with public hearings.
ARTICLE IV
OWNER'S RESPONSffiILITIES
4.1 The Owner shall provide full information regarding requirements for the Project,
including a program which shall set forth the Owner's objectives, schedule, constraints
and criteria, including space requirements and relationships, flexibility, expandability,
special equipment, systems, and site requirements.
4.2 The Owner shall establish and update an overall budget for the Project based on
consultation with the Construction Manager and the Architect, which shall include the
Construction Cost, the Owner's other costs and reasonable contingencies related to all of
these costs.
4.3 The Owner shall designate the Construction Manager to act on the Owner's behalf
with respects to the Project. The Owner or Construction Manager shall render decisions
in a timely manner pertaining to documents submitted by the Architect in order to avoid
unreasonable delay in the orderly and sequential progress of the Architect's services.
4.4 The Owner shall furnish surveys describing physical characteristics, legal
limitations and utility locations for the site of the Project, and a written legal description
of the site. The surveys and legal information shall include, as applicable, grades and
lines of streets, alleys, pavements, and adjoining property and structures; adjacent
drainage; rights-of-way; restrictions, easements, encroachments, zoning, deed restrictions,
boundaries and contours of the site; locations, dimensions and necessary data pertaining
to existing buildings, other improvements and trees; and information concerning available
utility services and lines, both public and private, above and below grade, including
inverts and depths. All the information on the survey shall be referenced to a Project
benchmark.
16
4.5 The Owner shall furnish the geotechnical tests when requested by the Architect.
Such tests may include but are not limited to test borings, test pits, determinations of soil
bearing values, percolation tests, evaluations of hazardous materials, and ground
corrosion and resistivity tests, including necessary operations for anticipating subsoil
conditions, with reports and appropriate professional recommendations.
4.6 The Owner shall furnish all legal, accounting and insurance counseling services as
may be necessary at any time for the Project, including auditing services the Owner may
require to verify the Contractor's Application for Payment or to ascertain how or for what
purposes the Contractor has used the money paid by or on behalf of the owner.
4.7 The services, information, surveys and reports shall be furnished at the Owner's
expense, and the Architect shall be entitled to rely upon the accuracy and completeness
thereof.
4.8 Prompt written notice shall be given by the Owner and Construction Manager to
the Architect if they become aware of any fault or defect in the Project or non-
conformance with the Contract Documents.
4.9 The proposed language of certificate or certifications requested of the Architect or
Architect's consultants shall be submitted to the Owner for review and approval at least
14 days prior to execution. The Owner shall not request certifications that would require
knowledge or services beyond the scope of this Agreement.
4.10 The Owner shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
Architect's services and Work of the Contractors.
4.11 The Owner shall furnish the Architect copies of written communications.
4.12 The Owner's review of any documents prepared by the Architect or its consultants
shall be solely for the purpose of determining whether such documents are generally
consistent with the Owner's Criteria, as, and if, modified. No review of such documents
shall relieve the Architect of responsibility for the accuracy, adequacy, fitness, suitability
or coordination of its work product.
4.13 The Owner shall furnish structural, mechanical, chemical, air and water pollution
tests, tests for hazardous materials, and other laboratory and environmental tests,
inspections and reports required by law or the Contract Documents.
17
ARTICLE V
CONSTRUCTION COST
5.1 Contemporaneously with the submission of the Design for Construction, the
Architect shall submit to the Owner in writing its final estimate of the contractor's
anticipated price for constructing the Project. Once submitted, the final anticipated price
estimate shall be adjusted by the Architect to reflect any increase or decrease in
anticipated price resulting from the change in Design for Construction.
5.2 The Construction Cost shall be the total estimated cost to the Owner of all
elements of the Project designed or specified by the Architect.
5.3 The Construction Cost shall include the cost at current market rates of labor and
materials furnished by the Owner and equipment designed, specified, selected or
specially provided for by the Architect, plus a reasonable allowance for the Contractor's
overhead and profit.
5.4 Construction cost does not include the compensation of the Architect and the
Architect's consultants, the costs of land, rights-of-way, financing or other costs which
are the responsibility of the Owner.
5.5 The Architect agrees that, should the bid for construction of the project exceed it's
estimate by ten percent (10%) or more, it will redesign, redraw and/or rebid, at no
additional cost or expense to the Owner, until the bids are within the stated limits.
ARTICLE VI
6.1 INDEMNIFICATION AND HOLD HARMLESS
6.1.1 The Architect convenants and agrees to indemnify and hold harmless Monroe
County and Monroe County Board of County Commissioners from any and all claims for
bodily injury (including death), personal injury, and property damage (including property
owned by Monroe County) and any other losses, damages, and expenses (including
attorney's fees) which arise out of, in connection with, or by reason of services provided
by the Architect in any tier, occasioned by the negligence, errors, or other wrongful act or
omission of the Architect in any tier, their employees, or agents. The first ten dollars
(SI0.00) of remuneration paid to the Architect 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 Owner by virtue of any deficiency or ambiguity in the plans and
specifications provided by the Architect, the Architect agrees and warrants that he shall
hold the Owner harmless and shall indemnify him from all losses occurring thereby and
shall further defend any claim or action on the Owner's behalf.
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ARTICLE vn
7.1 PERSONNEL
7.1.1 The Architect shall assign only qualified personnel to perform any service
concerning the Project. At the time of execution of this Contract, the parties anticipate
that the following named individuals will perform those functions as indicated:
Name
Function
Bert L. Bender
Willi'i'm 'Qotdiln
rh;n-ll=><e:: 'Qny
T.~wi <e:: Rohi n<e::nn
Leslie Johnson
Principal
ArchitQct
~r,..hitfi('"t
a.,.,...h;~c,..~
Interior Designer
~Ann Williams Architgstur41 Desi~Rer
Angie Kelley, Daina Katubi Office Staff
So long as the individuals named above remain actively employed or retained by the
Architect, they shall perform the functions indicated next to their names.
ARTICLE VITI
8.1 PAYMENTS
8.1.1 For its assumption and performance of the duties, obligations and responsibilities
set forth herein, the Architect shall be paid monthly, not to exceed the percentages shown
in Paragraph 8.1.1.A.
(A) The Architect shall be paid for those services required by this Contract the
amounts listed on Exhibit A as described in State Fee Curve and fixed hourly
rates.
1.
2.
3.
4.
5.
Schematic Design Phase:
Design Development Phase:
Construction Documents Phase:
Bidding or Negotiation Phase:
Construction Phase
10 percent
15 percent
45 percent
5 percent
2S percent
(B) For the performance of the optional additional services and contingent
additional services described in Article III of this contract, provided:same are first
authorized in writing by the Owner, the Architect shall be paid hourly at the
following rates:
(See Exhibit A)
19
(C) If the Architect's duties, obligations and responsibilities are materially
changed through no fault of the Architect after execution of this Contract,
compensation due to the Architect shall be equitably adjusted, either upward or
downward;
(D) As a condition precedent for any payment due under this Contract, the
Architect shall submit monthly, unless otherwise agreed in writing by the Owner,
an invoice to the Owner requesting payment for services properly rendered and
reimbursable expenses due hereunder. The Architect's invoice shall describe with
reasonable particularity the service rendered. The Architect's invoice shall be
accompanied by such documentation or data in support of expenses for which
payment is sought as the Owner may require
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable expenses include expenses incurred by the Architect in the interest
of the Project:
a. Expense of transportation and living expenses in connection with out-of-
county travel authorized by the Owner, but only to the extent and in the
amounts authorized by Section 112.061, Florida Statutes;
b. Fees paid for securing approval of authorities having jurisdiction over the
Project;
c. Reproductions (beyond 6 signed and sealed sets, plus one set of
reproductibles );
d. Postage and handling of Drawings and Specifications;
e. Renderings and Models requested by the Owner.
f. Expense of additional insurance coverage or limits, including professional
liability insurance requested by the Owner in excess of $1 ,000,000.
8.3 BUDGETS
8.3.1 The Architect may not be entitled to receive, and the Owner 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 the Owner's Board of County Commissioners. The
budgeted amount may only be modified by an affirmative act of the Owner's Board of
County Commissioners.
ARTICLE IX
9.1 APPLICABLE LAW
9.1.1 This Contract is governed by the laws of the State of Florida. Venue for any
litigation arising under this Contract must be in Monroe County, Florida.
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ARTICLE X
10.1 OWNERSHIP OF THE PRELIMINARY DESIGN AND THE DESIGN
FOR CONSTRUCTION
10.1.1 The Drawings, Specifications and other documents prepared by the Architect for
this Project are instruments of the Architect's service for use solely with respect to this
Project, and the Architect shall be deemed the author of these documents and shall retain
all common law, statutory and other reserved rights, including the copyright. The Owner
shall be permitted to retain copies, including reproducible copies, of the Architect's
Drawings, Specifications and other documents for infonnation and reference in
connection with the Owner's use and occupancy of the Project. The Architect's
Drawings, Specifications or other documents shall not be used by the Owner or others on
other projects, for additions to this Project or for completion of this Project by others,
unless the Architect is adjudged to be in default under this Agreement, except by
agreement in writing and with appropriate compensation to the Architect.
10.1.2 Submission or distribution of documents to meet official regulatory requirements
or for similar purposes in connection with the Project is not to be construed as publication
in derogation of the Architect's reserved rights.
11
ARTICLE XI
11.1 SUCCESSORS AND ASSIGNS
11.1.1 The Architect shall not assign its rights hereunder, excepting its right to payment,
nor shall it delegate any of its duties hereunder without the written consent of the Owner.
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.
ARTICLE XII
12.1 NO THIRD PARTY BENEFICIARIES
12.1.1 Nothing contained herein shall create any relationship, contractual or otherwise,
with or any rights in favor of, any third party.
ARTICLE XIII
13.1 INSURANCE
13.1.1 The Architect shall obtain insurance as specified in the attached Exhibit B and
maintain the required insurance at all times this Contract is in effect. Errors and
Omissions Insurance shall also be maintained for a period of one year after fmal
completion of the project. In the event the completion of the project (to include the work
of others) is delayed or suspended as a result of the Architect's failure to purchase or
maintain the required insurance, the Architect shall indemnify the County from any and
all increased expenses resulting from such delay.
13.1.2 The coverage provided herein shall contain an endorsement providing sixty (60)
days notice to the Owner prior to any cancellation of said coverage. Said coverage shall
be written by an insurer acceptable to the Owner and shall be in a form acceptable to the
Owner.
22
ARTICLE XIV
TERMINATION
14.1 Either party hereto may terminate this Contract upon giving seven (7) days'
written notice to the other in the event that such other party substantially fails to perform
its material obligations set forth herein. Termination expenses shall include all expenses
till date of termination and any additional services required in order to stop performance
of services, subject to audit for verification.
14.1.1 Monroe County's performance and obligation to pay under this contract 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 it's
duration.
14.1.2 This contract is a continuing contract as described in Sec. 287.0SS(2)(g), F.S. In
addition to being terminated by the Owner due to nonappropriation as provided in
subparagraph 14.1.1, this contract may also be terminated by the Owner without
cause by giving the Architect at least 30 days written notice of such termination.
ARTICLE XV
ENTIRE AGREEMENT
15.1 This Contract constitutes of the form of agreement (Articles I - XV), the exhibits
that are attached and made a part of the Contract, and the documents referred to in the
form of agreement as a part of this Contract. In the event any conflict between any of
those Contract documents, the one imposing the greater burden on the Architect will
control.
15.2 Public Entity Crime Statement. 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 a contract 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.
23
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Bert L. Bender warrants that hefit has not employed,
retained or otherwise had act on his/its behalf any former County officer or employee in
violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in
violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this
provision the County may, in its discretion, terminate this contract without liability and
may also, in its discretion, deduct from the contract or purchase price, or otherwise
recover, the full amount of any fee, commission, percentage, gift, or consideration paid to
the former County officer or employee.
~
(Signatufe)
Date: ~, I? ..~~
ST ATE OF FT.OR TnA
COUNTY OF MONROE
Subscribed and sworn to (or affirmed) before me on March 13. 1999
(date) by Bert T. _ Bender (name of affiant). Hefik9c is
personally known to me I!XkasqxJItoceKXXXXXXXXXXXXXXXXXXXXXXXXXXXXX~
of identification) as identification.
:J)~J).!dzd.
NOTARY PUBLIC I
My commission expires:
"'rlA'~
l~ A'~ Dalno o. I(atubl
~.f ~ J-j MY COMMISSION # COIl"'. eYIltIIrs
..,.~~. c....._. ~ "^""'c:
"'-1.....,....~ ..urvory S. 2002
"Rr..r,.~., BONDED THRIJ TI!OV FAIN INSUR~ IHe
24
IN WITNESS WHEREOF, each party has caused this Agree~t to be executed
by tts. "--duly authorized representative this '1.:;. day of
/7\WeC fI-'. , 1999.
,
,.
. .....:
(S~)~~.
AUest: 'I1ANNY 1. KOLHAGE, Clerk
\ ,--'..-
"....
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
'.'
By:
'~~"~~l!"
Deputy Cler -
· .. '!t'
B~ ~ b~..aJ - . . - ,....'-
.Il. . ...". ---...
Mayor/Chairman
~
Dare:
(SEAL)
Attest:
ARCHITECT
Bender & Associates ,Architects, P .A.
By:
Title:
By:
Title:
!S-~ -
r~O~
25