Loading...
Item C20C.20 BOARD OF COUNTY COMMISSIONERS C ounty of M onroe Mayor Sylvia Murphy, District 5 Mayor Pro Tem Danny Kolhage, District 1 TheFloridaKeys Michelle Coldiron, District 2 Heather Carruthers, District 3 David Rice, District 5 County Commission Meeting December 19, 2018 Agenda Item Number: C.20 Agenda Item Summary #5017 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Johnnie Yongue (305) 292-4429 N/A AGENDA ITEM WORDING: Approval of a Professional A/E Services Continuing Contract with M.C. Harry and Associates, Inc., pursuant to Florida Statute 287.055 (2), to provide professional services for miscellaneous projects in which construction costs do not exceed $2,000,000.00 or for study activity if the fee for professional services for each individual study under the contract does not exceed $200,000.00. ITEM BACKGROUND: The County requires architectural and engineering services for various County projects on an on-going basis. On November 2, 2018, a selection committee held a public meeting for the ranking of 12 Architectural/Engineering firms who submitted Statements of Qualifications for a continuing contract with Monroe County. The continuing contracts are for a four-year period with the option to renew for one additional year. PREVIOUS RELEVANT BOCC ACTION: 12/13/17 BOCC approved advertisement of a Request for Qualifications (RFQ) for Professional Architectural/Engineering Services. 11/20/18 BOCC gave approval to negotiate professional services contracts with the top ranked firms: Wood Environment and Infrastructure Solutions, Inc.; William P. Horn Architect, P.A.; Bender and Associates Architects, P.A.; CPH, Inc.; BEA Architects, Inc.; SGM Engineering, Inc.; Cardno, Inc.; and M.C. Harry and Associates, Inc. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval as stated above. DOCUMENTATION: MC Harry contract with forms & insurance FINANCIAL IMPACT: Packet Pg. 735 C.20 Effective Date: 12/19/18 Expiration Date: 12/18/22 Total Dollar Value of Contract: TBD on individual task orders. Total Cost to County: TBD Current Year Portion: Budgeted: Source of Funds: Various funding sources depending on project. CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: County Match: Insurance Required: Additional Details: N/A REVIEWED BY: Cary Knight Completed 12/04/2018 11:05 AM Chris Ambrosio Completed 12/04/2018 11:24 AM Budget and Finance Completed 12/04/2018 2:51 PM Maria Slavik Completed 12/04/2018 2:56 PM Kathy Peters Completed 12/04/2018 3:17 PM Board of County Commissioners Pending 12/19/2018 9:00 AM Packet Pg. 736 C.20.a AGREEMENTFOR ProfessionalArchitectural and Engineering Services th This Agreement(“Agreement”) made and entered into this 19day of December, 2018by andbetween theMonroe CountyBoard of County Commissioners, a political subdivision of the State of Florida,whose address is 1100 Simonton Street, Key West, Florida, 33040,its successors and assigns, hereinafter referred to as“OWNER” or“COUNTY,” AND M.C.Harry and Associates, Inc.,anArchitectof the State of Florida,whose address is 2780 SW Douglas Rd Suite 302Miami, FL 33133its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS,COUNTY desires to employ the professional services of CONSULTANT for various County Projectsfrom time to timelocated in Monroe County, Florida and; WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous projects in which construction costs do not exceed $2,000,000.00, or for study activity if the fee for professional services for each individual study under the contract does not exceed $200,000.00. The professional services required by this Contract will be for services in the form of a continuing contract, commencing the effective date of this agreement and ending four(4)years thereafter, with options for the County to renew for anadditional 1 year period. Specific services will be performed pursuant to individual task orders issued by the COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scopesof work, time schedules, charges and payment conditions, and additional terms and conditions that are applicable to such Task Orders. Execution of a Task Order by the COUNTY and the CONSULTANT constitutes the COUNTY’s written authorization to CONSULTANT to proceed with the services described in the Task Order. The terms and conditions of this Agreement shall apply to each Task Order, except to the extent expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of this Agreement to be modified will be specifically referenced in the Task Order and the modification shall be precisely described. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTYandCONSULTANTagreeas follows: ARTICLE 1 1.1REPRESENTATIONS AND WARRANTIES By executing this Agreement,CONSULTANTmakes the following express representations and warranties to the COUNTY: 1 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 737 C.20.a 1.1.1 The CONSULTANTshall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANTfor the Projectuntil the CONSULTANT’sduties hereunderhave been fully satisfied. 1.1.2 The CONSULTANThas become familiar with the Projectsite and the local conditions under which the Workis to be completed. 1.1.3 The CONSULTANTshall prepare all documentsrequiredby this Agreementincluding but not limited to, all contract plans and specifications,in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed andshall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreementwill be adequate and sufficientto accomplish the purposes of the Project andto document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additionalcost due to missing or incorrect informationor design elements in the contract documents. 1.1.4 The CONSULTANTassumes full responsibility tothe extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT’sservices shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project.In providing all services pursuant to this Agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulationspertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this Agreement and shall entitle theCOUNTY to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this Agreement the CONSULTANT is an independent contractor and not an employee of the Monroe County Board of County Commissioners. Nostatement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex,age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this Agreementor with the provision of services or goods under this Agreement. ARTICLE II SCOPE OF BASIC SERVICES 2.1DEFINITION CONSULTANT’sScope of Basic Services consist of those described in Attachment A.The CONSULTANTwill perform for the COUNTY services as described in individual Task Orders in accordance with the requirementsoutlined in the Agreement and the specific Task Order. CONSULTANT shall commence work on the services provided for in this Agreementand Task Order promptly upon his receipt of a written notice to proceed issued by the COUNTY. 2 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 738 C.20.a 2.2CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANTshall, without additional compensation, promptlycorrect any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANTor its subconsultants, or both. 2.3NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this Agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Mr. Cary Knight. Director of Project Management Monroe County 1100 Simonton Street Rm 2-216 Key West, FL 33040 And:Mr. Roman Gastesi Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the Consultant: Thomas M Carlson, AIA MC Harry and Associates,Inc. 2780 SW Douglas Road Suite 302 Miami, FL 33133 ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by theCOUNTY before commencement. 3.2 If Additional Services are required,the COUNTYshall issue a letter requesting and describing the requested services to the CONSULTANT. TheCONSULTANTshall respond with a fee proposal to perform the requested services. Onlyafter receiving an amendment to the Agreementand a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTYshall provide full information regarding requirements for theProjectincluding physical location of work, county maintained roads, maps. 3 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 739 C.20.a 4.2 The COUNTYshall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTYor its representativeshall render decisions in a timely manner pertaining to documents submitted by the CONSULTANTin order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT’sservices. 4.3 Prompt written notice shall be given by the COUNTYand its representativeto the CONSULTANTif they become aware of any fault or defect in the Project or non- conformance with the AgreementDocuments.Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTYshall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT’sservices and work of the contractors. 4.5 The COUNTY’s review of any documents prepared by the CONSULTANTor its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY’s criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANTof responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTYshall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANTthat the COUNTYhas immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESSAND DEFENSE 5.1 The CONSULTANTcovenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANTis for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT,the CONSULTANTagrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY’sbehalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT’sfailure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT will hold the 4 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 740 C.20.a COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY’sbehalf. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. 5.6 FDEM Indemnification To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold harmless the COUNTYand State of Florida, Department of Emergency Management, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONSULTANT and persons employed or utilized by the CONSULTANT in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County) Agency’s sovereign immunity. ARTICLE VI PERSONNEL 6.1PERSONNEL The CONSULTANTshall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAMEFUNCTION Lourdes Solera FAIA________Project Director___________ Thomas M Carlson AIA ___Sr. Project Manager_______ Craig Aquart AIA _ ____Sr. Project Manager_______ Adalberto Delgado RA_______Project Architect__________ Christopher Coule RA_______Project Architect_____ So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names.If they are replaced, the CONSULTANTshall immediately notify the COUNTYof the change in personnel. ARTICLE VII COMPENSATION 7.1PAYMENTSUM 7.1.1 The COUNTYshall pay the CONSULTANTmonthly in current funds for the CONSULTANT’sperformance of thisAgreementbased on the hourly rates outlinedin Attachment B, or a Not to Exceed Amount negotiated at the time of performance. 7.2PAYMENTS 5 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 741 C.20.a 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANTshall be paid monthly.Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, et seq. Florida Statutes. (A)If the CONSULTANT’sduties, obligations and responsibilities are materially changed by amendment to this Agreementafter execution of this Agreement, compensation due to the CONSULTANTshall be equitably adjusted, either upward or downward; (B)As a condition precedent for any payment due under this Agreement, the CONSULTANTshall submit monthly, unless otherwise agreed in writing by the COUNTY, aproper invoice toCOUNTYrequesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT’sinvoice shall describe with reasonable particularity the service rendered. The CONSULTANT’sinvoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTYmay require. 7.3REIMBURSABLE EXPENSES Allowable Reimburasable expenses will be separately identified in each Task Order and are subject to the maximumallowable contract amount. Travel expense reimbursements are subject to the limitations of Florida Statute 112.061 and Monroe County Codes. 7.4BUDGET 7.4.1 The CONSULTANTmay not be entitled to receive, and the COUNTYis not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 -September 30) by COUNTY’s Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY’s performance and obligation to pay under this Agreementis contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 TheCONSULTANTshall obtain insurance as specifiedand maintain the required insurance at all timesthatthis Agreementis in effect.In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT’sfailure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTYfrom any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for serviceofprocess within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTYprior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTYand shall be in a form acceptable to the COUNTY. 6 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 742 C.20.a 8.3 CONSULTANT shall obtain and maintain the following policies: A.Workers’ Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B.Employers Liability Insurance with limits of$1,000,000per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C.Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles, with $300,000 per occurrence, $200,000 per person, and $200,000 property damage, or $300,000 Combined Single Limit D.Commercial general liability, including Personal Injury Liability,covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omissionof the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations,Products and Completed Operations,Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $1,000,000 Combined Single Limit. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimumof forty-eight (48)months following the termination or expiration of this contract. E.Architects Errors and Omissionsprofessional liability insurance of$1,000,000 per occurrence and $3,000,000annual aggregate. If the policy is a “claims made” policy, CONSULTANT shall maintain coverage or purchase a “tail” to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F.COUNTY shall be named as an additional insured with respect to CONSULTANT’s liabilities hereunder in insurance coverages identified in Paragraphs C and D. G.CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. H.CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insuredat the discretion and request of COUNTY.The COUNTY reserves the right to require a certified complete copy of such policies, including all amendments, endorsements, exclusions or changes to the policy,upon request. I.If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be requiredand provided to COUNTY. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. 7 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 743 C.20.a ARTICLE IX MISCELLANEOUS 9.1SECTION HEADINGS Section headings have been inserted in this Agreementas a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2OWNERSHIP OF THE PROJECT DOCUMENTS Thedocuments prepared by the CONSULTANTfor a COUNTYProject belong to the COUNTYand may be reproduced and copiedwithout acknowledgement or permission of the CONSULTANT. 9.3SUCCESSORS AND ASSIGNS The CONSULTANTshall not assign or subcontract its obligations under this Agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement.Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5TERMINATIONOR SUSPENSION A.In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five(5)days written notification to the CONSULTANT. B.Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. C.Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONSULTANT with seventy-two (72) hours’ notice and provide the CONSULTANT with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the 8 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 744 C.20.a CONSULTANT under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. However, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONSULTANT shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY’s False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D.Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days’ notice to CONSULTANT. If the COUNTY terminates this Agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONSULTANT shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY’s False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. E.Scrutinized Companies: For Contracts of any amount, if the County determines that the Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Consultant written notice and an opportunity to demonstrate the agency’s determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. For Contracts of $1,000,000 or more, if the County determines that the Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Consultant written notice and an opportunity to demonstrate the agency’s determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met 9.6CONTRACT DOCUMENTS This contractconsists oftheRequest for Qualifications, any addenda, theForm of Agreement (Articles I-IX), the CONSULTANT’sresponse to the RFQ,the documents referred to in the Form of Agreement as a part of this Agreement, and attachments“A: Consultant Scope Of Services” and “B: Hourly Rates”, and modificationsmade after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANTwill control. 9.7PUBLIC ENTITIES CRIMES 9 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 745 C.20.a 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 contractsto 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 consultantunder 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 thirty-six (36)months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement willnot violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto,and may result in debarment from COUNTY’s competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined bySection287.133, Florida Statutes, as a “public entity crime” and thatit has not been formally charged with committing an act defined as a “public entity crime” regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a “public entity crime” or has been placed on the convicted vendor list. 9.8MAINTENANCE OF RECORDS CONSULTANTshall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of ten (10) years from the termination of this Agreement.Each party to this Agreement orits authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTYor Clerk determines that monies paid to CONSULTANTpursuant to this Agreement were spent for purposes not authorized by this Agreement,or were wrongfully retained by the CONSULTANT,the CONSULTANTshall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running fromthe date the monies were paid bytheCOUNTY. Right to Audit Availability of Records.The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in Owner’s reasonable judgment have any bearing on or 10 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 746 C.20.a pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as “Records”) shall be open to inspection and subject to audit and/or reproduction by Owner’s representative and/or agents of Owner. Owner may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors representatives. All records shall be kept for ten (10) years after Final Completion. 9.9GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State.In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement,COUNTYand CONSULTANTagree that th venue shalllie inthe 16Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body.This Agreement shall not be subject to arbitration.Mediation proceedings initiated and conducted pursuant to this Agreementshall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTYandCONSULTANTagree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11ATTORNEY’S FEES AND COSTS The COUNTYandCONSULTANTagree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, and court costs,as an award against the non-prevailing party, and shall include attorney’s fees, and courts costs in appellate proceedings. 9.12BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTYand CONSULTANTand their respective legal representatives, successors, and assigns. 9.13AUTHORITY 11 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 747 C.20.a Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary Countyand corporate action, as required by law. 9.14CLAIMS FOR FEDERALOR STATE AID CONSULTANTandCOUNTYagree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTYand CONSULTANTagree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representativesof each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law.This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTYand CONSULTANTagree to participate, to the extent required by the other party, inall proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTYand CONSULTANTspecifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)Section 504 of the Rehabilitation Act of 1973, as amended (20 USC§794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§523 and 527 (42 USC §§690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with 12 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 748 C.20.a Disabilities Act of 1990 (42 USC §§12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONSULTANT, in accordance with EqualEmploymentOpportunity(30Fed.Reg.12319, 12935, 3 C.F.R.Part,1964- 1965Comp.,p.339),asamendedbyExecutiveOrder11375, AmendingExecutive Order11246RelatingtoEqualEmploymentOpportunity,andimplementing regulationsat41C.F.R.Part60(OfficeofFederalContract CompliancePrograms, EqualEmploymentOpportunity,DepartmentofLabor).See 2C.F.R.Part200, AppendixII,¶C, agrees as follows: 1)The consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2)The consultant will, in all solicitations or advertisements for employees placed by or on behalf of the consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3)The consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the consultant’s legal duty to furnish information. 13 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 749 C.20.a 4)The consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the consultant's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5)The consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6)The consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuantthereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7)In the event of the consultant's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 9.18COVENANT OF NO INTEREST CONSULTANTand COUNTYcovenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19CODE OF ETHICS COUNTYagrees that officers and employees of the COUNTYrecognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one’s agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20NO SOLICITATION/PAYMENT 14 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 750 C.20.a The CONSULTANTandCOUNTYwarrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANTagrees that the COUNTYshall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21PUBLIC ACCESS. The CONSULTANTand COUNTYshall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANTand COUNTYinconnectionwith this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT.CONSULTANT shall be referred to herein also as “Contractor” for this provision only: Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other “public record” materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney’s fees andcosts associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuantto F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1)Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County’s custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3)Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. 15 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 751 C.20.a (4)Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County’s custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County’s request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County’s option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. The Contractor shall not transfer custody,release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY’S OFFICE 1111 TH 12Street, SUITE 408, KEY WEST, FL 33040. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANTand the COUNTYin this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTYbe required to contain any provision for waiver. 9.23PRIVILEGES AND IMMUNITIES 16 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 752 C.20.a All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers’ compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTYshall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANTand the COUNTYagree that neither the CONSULTANTnor the COUNTYor any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26ATTESTATIONSAND TRUTH IN NEGOTIATION CONSULTANTagrees to execute such documents as COUNTYmay reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement.Signature of this Agreementby CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant tothe Agreementare accurate, complete, and current at the time of contracting. The original contractprice and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrentwagerates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agentor employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution ofthis Agreement. 9.28 EXECUTION IN COUNTERPARTS 17 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 753 C.20.a This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBE’s, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity toparticipate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE’s have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321( as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE’s have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subconsultantsshall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a.IftheCONSULTANTwiththefundsauthorizedbythisAgreement, seekstosubcontract goodsorservices,then,inaccordancewith2C.F.R.§200.321,the CONSULTANTshalltakethefollowing affirmativestepstoassurethatminoritybusinesses, women’sbusinessenterprises,andlaborsurplus areafirmsareusedwheneverpossible. b.Affirmative steps must include: 1.Placingqualifiedsmallandminoritybusinessesandwomen'sbusiness enterprisesonsolicitationlists. 2.Assuringthatsmallandminoritybusinesses,andwomen'sbusiness enterprisesaresolicitedwhenevertheyarepotentialsources. 3.Dividingtotalrequirements,wheneconomicallyfeasible,intosmallertasksor quantitiestopermitmaximumparticipationbysmallandminoritybusinesses, andwomen'sbusinessenterprises. 4.Establishingdeliveryschedules,wheretherequirementpermits,which encourageparticipationbysmallandminoritybusinesses,andwomen's businessenterprises. 5.Usingtheservicesandassistance,asappropriate,ofsuchorganizationsas theSmallBusinessAdministrationandtheMinorityBusinessDevelopment AgencyoftheDepartmentofCommerce. 6.Requiring the Prime consultant, if subconsultant’sare to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. 9.30TIME FOR PERFORMANCE/BASELINE SCHEDULE / COST ESTIMATES Time is considered of the essence in the performance of the services required by this Agreement and defined in the scope of work. The CONSULTANT will be prepared to commence work upon receiving a Notice to Proceed from the COUNTY and to complete all functions in accordance with the schedule and delivery requirements outlined in the “Baseline Schedule / Cost Estimates” special povisions and specifications included below: 18 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 754 C.20.a 9.30.1 SCHEDULING REQUIREMENTS 1. Baseline Schedule 1.1 A baseline project schedule indicating the preconstruction activities to be monitored and the anticipated completion dates for milestones are included in Section 3.1. 2. Monthly Schedule Update 2.1 The CONSULTANT will report detailed input and schedule updates on all preconstruction activities in accordance with the Baseline Schedule on a monthly basis. All preconstruction activities must be addressed each month even if there is no change in status. Following the Notice to Proceed, this reportwill be considered due to the COUNTY on or before the fifth (5th) day of each month. 2.2 A brief narrative describing scheduled milestones with the status for each and a projection of milestone activities anticipated for the next sixty (60) days willbe included in the report. 2.3 In the event that milestone dates are compromised for any reason, the CONSULTANT will participate in a schedule review and assessment with the COUNTY and the results will be incorporated into the report. The schedule review and assessment may include, but is not limited to, a detailed critical path analysis, consideration of potential delays, development of recovery plans, reporting recovery activities which are underway, assessing the impact of delays, and developing plans for schedule recovery. 2.4 The COUNTY will evaluate the schedule review and assessment results as reported by the CONSULTANT to determine if adequate provisions are proposed to enable the project to progress in accordance with the Baseline Schedule. If it is determined that an adjustment to the Baseline Schedule is warranted and if the delays are not directly attributed to the operations and/or project management practices of the CONSULTANT as required by this Contract, the COUNTY may grant an appropriate extension of time to complete all or any phase of the work. The CONSULTANT will incorporate recommendations for such time extensions into the monthly schedule update report. 2.5 The COUNTY reserves the right, but does not assume the obligation,to intercede at any time should the CONSULTANT fail to demonstrate the ability to progressthe project in accordance with the milestone dates established in the Baseline Schedule. Such action on the part of the CONSULTANT shall be considered non-performance and the COUNTY shall have all rights to seek remuneration and other damages as provided for in this Agreement and the laws of the State of Florida. 3. Project Development Process 3.1 Preconstruction activities should at a minimum include the following elements as applicable: PROJECT DEVELOPMENT PROCESS Task NameMilestoneComments Date 19 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 755 C.20.a Contracting Phase Issue Notice to Proceed Programming and Design Phase Submit Final BOD and OPR BOCC Approval of Programming Document Conduct Site Plan Meeting Submit Site Plan for Approval Receive Site Plan Approval Approved Schematic Design Documents Approved Design Development Documents (30%) Approved 60% Construction Documents Approved 90% Construction Documents Approved 100% Construction Documents Bid and Permit Phase Approved Building Permits Posting of Notice of Request for Competitive Solicitation Conduct Pre-Bid Meeting Bid Opening BOCC Approval of Construction Contractor Issue Notice to Proceed to Construction Contractor Construction Phase Conduct Pre-Construction Meeting Obtain Substantial Completion Obtain Final Compleiton Process Final Closeout Documents 3.2The duration of the Contract should extend through the issuance of a Notice to Proceed to the construction contractor as part of the normal project development process. 9.30.2 COST ESTIMATING REQUIREMENTS 1.1Baseline Cost Estimates 1.1.1Following the Notice to Proceed for this Contract, the CONSULTANT will review the existing project cost estimate for the project and submit a written confirmation and/or recommendations for any refinements, changes, and revisions to the COUNTY. The COUNTY will consider any project cost estimate recommendations and issue a final Baseline Cost Estimate. 2.1Cost Estimate Updates. 2.1.1The CONSULTANT will update the Baseline Cost Estimate with 30% completion, 60% completion, 90% completion, the completion of the final design effort, and after any significant changes in the scope of the project as defined in this Contract. 2.1.2In the event that the Baseline Schedule is suspended or delayed in any manner, additional updates of the Baseline Cost Estimate will be required at six (6) month 20 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 756 C.20.a intervals as long as this Contract remains in effect. The COUNTY may suspend this requirement by issuing a written notice to the CONSULTANT. 9.31FEDERAL CONTRACT REQUIREMENTS The CONSULTANT and its sub-consultant’smust follow the provisions, as applicable,as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to Part 200, as amended, including but not limited to: 9.31.1 Clean Air Act and the Federal Water Pollution Control Act. CONTRACTOR agrees tocomply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). 9.31.2 Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 31413144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, CONTRACTORS must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, CONTRACTORS must be required to pay wages not less than once a week. If applicable, the COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the CONTRACTORS must also comply with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). As required by the Act, each CONTRACTOR or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. i)Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these 21 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 757 C.20.a clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. ii)Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 9.31.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each CONTRACTOR must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 9.31.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must complywith the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. 9.31.5 Clean Air Act (42 U.S.C. 7401-7671q.), Water Pollution Control Act (33 U.S.C. 1251- 1387) as amended. Contracts and subgrants of amounts in excess of $150,000 must comply with all applicable standards, orders, or regulations issued pursuant to the CleanAir Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 9.31.6 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well asparties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9.31.7 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier 22 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 758 C.20.a certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 9.31.8 Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (1) In the performance of this contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. 9.31.9 Americans with Disabilities Act of 1990 (ADA), as amended. The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 9.31.10 The CONTRACTOR shall utilize the U.S. Department of Homeland Security’s E- Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 9.31.11 Fraud and False or Fraudulent or Related Acts. The CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONTRACTOR’S actions pertaining to this contract. 9.31.12 Access to Records. The following access to records requirements apply to this contract: (1)The CONTRACTOR agrees to provide MONROE COUNTY, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of 23 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 759 C.20.a the CONTRACTOR which aredirectly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2)The CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3)The CONTRACTOR agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 9.31.13 Federal Government not a party to contract. CONTRACTOR acknowledges that the Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 9.31.14 Department of Homeland Security (DHS) Seal, Logo, and Flags. The CONTRACTOR shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. 9.31.15 Compliance with Federal Law, Regulations, and Executive Order. This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The CONTRACTOR will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 9.32 The CONTRACTOR is bound by the terms and conditions of the Federally-Funded Subaward and Grant Agreement between County and the Florida Division of Emergency Management (Division).The applicable Federally-Funded Subaward and Grant Agreement may be found at the following link on the Monroe County webpage: http://www.monroecounty-fl.gov/DocumentCenter/View/15972/Federally-Funded- Subaward-and-Grant-Agreement 9.33 The CONTRACTOR shall hold the Division and County harmless against all claims of whatever nature arising out of the CONTRACTOR’sperformance of work under this Agreement, to the extentallowedand required by law. 24 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 760 C.20.a Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 761 C.20.a ATTACHMENT A Consultant Scope of Services 1.01DESCRIPTION The Respondent awarded a Contract for Professional Architectural and Engineering Services contract shall provide Architectural and/or Engineering Services toMonroe County. The contract will provide for the planning, design, contract documents, project administration and coordination. Professional services shall include, but not be limited to: Preparation and completion of the design program for space requirements and relationships, schematic design, design development, preparation of contract documents for bidding, scope of work, tabulations and review of bids, recommendation of contract award, cost estimating during design and document preparation, administration of contract documents, consultation and on site inspections during construction, process shop drawings, recommend approval of contractor invoices, preparation and submittal of permit applications, zoning applications and presentationsto the County Commission. All projects shall have construction costs, which do not exceed $2 million, or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand Dollars($200,000.00). SCOPE OF ARCHITECT/ENGINEER'S BASIC SERVICE 2.1DEFINITION 2.1.1 Architect/Engineer's Basic Services consist of those described in Paragraphs 2.2 through 2.8, and other services identified as part of Basic Services, and include normal, civil,structural, mechanical, and electrical engineering services. 2.1.2 The Design for Construction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Design for Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations.Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the Owner. The Architect/Engineer shall be responsible for designing the Project in accordance with the analyses and recommendations of the geotechnical information furnished per Article 4.4. 2.2SCHEMATIC DESIGN PHASE 2.2.1 The Architect/Engineer 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/Engineer shall review with the Owner and Monroe County’s Project Management Department proposed site use and improvements, required permits, zoning, selection of materials, building systems and equipment; and method of Project delivery. 2.2.3 The Architect/Engineer shall review with the Owner and Monroe County’s Project Management Department alternative approaches to design and construction of the Project. 26 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 762 C.20.a 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect/Engineer shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 At levels of completion of 25%, 50% and 75% of the Schematic Design Phase, the Architect/Engineer shall provide schematic design studies for the Owner's review and the Monroe County’s Project Management Department 's information. 2.2.6 Upon completion of the Schematic Design Phase, the Architect/Engineer shall provide drawings, outline specifications, estimate of anticipated cost in accordance with the schematic designs, and other documents for the Owner's approval and the Monroe County’s Project Management Department's information. 2.2.7 The Schematic Design must be approved in writing, by the Owner prior to Architect/Engineer continuing to the Design Development Phase. 2.3SCHEMATIC 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 asrequired to explain the design intent to the owner. Perspective renderings and models, if required by the Owner, will be billed as an additional service as billed as a reimbursable expense if that service is performed by additional consultants after the Owner's written approval. The Architect/Engineer shall perform the following design phase tasks: a.Structural Design/Documentation services during the Schematic Design Phase consisting of recommendations regarding basic structural materials and systems, analyses, and development of conceptual design solutions for: a predetermined structural system and alternate structural systems. b.Mechanical Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate materials, systems and equipment, and development of conceptual design solutions for: energy source (s), energy conservation, heating and ventilating, air conditioning, plumbing, fire protection, special mechanical systems, process systems, and general space requirements. c.Electrical Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate systems, recommendations regarding basic electrical materials, systems and equipment, analyses, and development of conceptual design solutions for: power service and distribution, lighting, telephones, fire detection and alarms, security systems, electronic communications, special electrical systems, and general space requirements. d.Civil Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate materials and systems and development of conceptual design solutions for: on-site utility systems, off-site utilities work, fire protection systems, drainage systems, sewage treatment, and paving. 27 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 763 C.20.a 2.4DESIGN DEVELOPMENT/DOCUMENT PHASE 2.4.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect/Engineer shall prepare Design Development Documents for the Construction Manager's review and the Owner's approval. The Design Development Documents shall consist of drawings and other documents that establish and describe the size and character of the Project as to architectural/engineering, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.4.2 At intervals mutually agreeable to the Owner, Construction Manager and Architect/Engineer, the Architect/Engineer shall provide drawings and other documents which depict the current status of design development for the Owner's review and the Monroe County’s Project Management Department’s information. The Architect/Engineer shall provide an estimate of anticipated cost in accordance with thedesign development phase. 2.4.3 Upon completion of the Design Development Phase, the Architect/Engineer shall provide drawings, outline specifications and other documents for the Owner's approval and the Monroe County’s Project Management Department’s information. The Architect/Engineer shall provide an estimate of anticipated costs in accordance with the design development phase. 2.4.4 The Design Development Documents must be approved in writing, by the Owner prior to Architect/Engineer continuing to the Construction Documents Phase. 2.5DESIGN DEVELOPMENT PHASE REQUIREMENTS To satisfactorily perform the design development phase requirement, the Architect/Engineer 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 buildings core -elevators, stairs, etc. e.All internal partitions of appropriate thickness indicated. f.Floor, slab, and level elevations. g.Typical door types. h.Typical partition types. i.Built-in furniture items -special furniture and equipment (early clarification of what is "NIC" and "by owner") j.Larger scale (e.g., ¼"). Key areas, lobby, entries, public plaza,major corridors, special spaces, etc. Required: All surfaces (floor, wall, and ceiling treatments), furniture indication, and layout. k.Evacuation routes identified (to include locating necessary posting of evacuation route plans). 2.5.2General Elevations a.Total full-height facades including roof structures. 28 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 764 C.20.a 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. 2.5.3Sections Overall Sections -Overall building longitudinal and transverse "building explanation" type. Detail Wall Sections -Largest scale (e.g., ¾"). Dominate full-height sections conveying basic building configuration, to indicate: a.Foundation and perimeter treatment. b.Typical wall construction. c.Back-up structure, abutting floor systems. d.Window location and insulation methods. e.Flashing, masonry coursings. f.Mechanical penetrations impact (furring, etc.). g.Parapet design. 2.5.4Details-Large scale (1-1/2", 3") as required. Indicate key conditions. a.Window types: divisions, pattern, mullion profiles, vent detail, glazing type, jamb/head, plan section b.Hollow metal (typical only; keyed to plans and schedules) c.Frame types (typical only; for compatibility and profile) d.Stair types -egress, public, exterior (including railing design) Metal and glass walls, borrowed lights, etc.; for division, profile, and glazing f.Interior partition types (typical only; keyed to plans and schedules) g.Built-in furniture items, receptions, desks, work tops, counters, cabinet types, display cases, recesses, wardrobes, millwork, etc. 2.5.5Interior 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. 2.5.6Reflected Ceiling Plans-Typical and special space. Integrated plans reflecting structural, mechanical, and electrical impacts. Plans to indicate: a.Lighting layouts. b.Soffits, coves, furrings. c.Skylight locations. d.Ceiling materials. e.Acoustic treatments. f.Heating and ventilating register, diffuser locations. g.Sprinklers. h.Access panels. 29 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 765 C.20.a 2.5.7Schedules-Schedules to be non-repetitive and comprehensive, with specific keying to floor plans and elevations. a.Interior finishes. b.Doors and frames. c.Preliminary hardware. d.Windows/glazing. 2.5.8Specifications-Comprehensive, abbreviated methods, materials and systems descriptions in tune with drawings. Use CSI format with applicable section numbers. Include all consultant portions as well as those special supplementary conditions specific to the project. 2.5.9Preliminary Estimate of Construction Cost-Adjustment of the preliminary estimate of construction cost prepared at the end of schematic design. 2.5.10 Structural Design Development Set a.Floor plans at the same scale as the architectural/engineering drawings. b.Typical floor framing plans, including sizing of beam drops, slab openings, thicknesses, and depressions. c.Framing indication and governing sizing at: roof structures, penthouse, bulkheads, other. d.Non-typical framing scheme where required: lobby, floors at grade, and other. e.All column points established. f.Final column schedule. g.Preliminary details and sections to adequately indicate structural system. h.Preliminary details of major unique conditions that impact on scheme (as determined by the Architect/Engineer). i.Details indicating accommodation with mechanical/electrical at areas of major interface. j.Design development specifications. k.Any necessary recommended adjustments to the preliminary estimate of construction cost. 2.5.11 Mechanical/Electrical Design Development Set a.Typical floor plans. Systems representation in diagrammatic (non-detailed) style, major items of equipment indicated their space requirements and interface requirements with other systems. Indicate: major shafts (sizes), chases, mechanical rooms and electric closets, and convector/fan coil locations, etc. b.Required punctures: wall, slab, and beam. c.Terminal plans (lobby, cellar, roof) with items of heavy equipment shown in diagrammatic style, with their space requirements indicated: (1) Boiler/heater spaces (include clear height requirements), (2) Transformer vaults (approved obtained from local utility company), (3) Switchgear, emergency generator, water storage tanks, fire pumps, etc.,(4) Roof cooling towers, major air-conditioning and air-handling equipment, packaged units, etc. d.Locations of major roof-air handling equipment: cooling towers, exhaust fans, etc. e.Preliminary details of major and unique conditions that impact on scheme (as determined by the Architect/Engineer). 30 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 766 C.20.a 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. 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 datumelevation with key exterior grades at building perimeter. c.Site development grading and landscaping plans. d.Overall preliminary site grading and defined design of external elements, properly coordinated and interfaced with mechanical/electrical for utility entry points. e.Indicate areaways, vaults, access to sub-grade spaces. f.Preliminary site and exterior building lighting scheme with identification of fixture types. g.Parking area defined with preliminary plotting. h.Indication of paths, stairs,ramps, berms, terraces, etc. i.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. l.Any necessary adjustments to the preliminary estate of construction cost. 2.5.13 Other Consultants’Design Development Sets As appropriate to the Project. 2.5.14Limitations-The above list of drawings represents, in general, the requirements of the Project. 2.6CONSTRUCTION DOCUMENTS PHASE 2.6.1 Based on the approved Design Development Documents and any further adjustments authorized by the Owner in the scope or quality of the Project or in the construction budget, the Architect/Engineer shall prepare, for approval by the Owner and Monroe County’s Project Management Department, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. 2.6.2 The Architect/Engineer shall provide Drawings and Specifications for the Owner’s and the Monroe County’s Project Management Department’s review. 2.6.3 Upon completion of the Construction Documents Phase, the Architect/Engineer shall provide Construction Documents for the Owner's and Monroe County’s Project Management Department’s approval. Once approved the Architect/Engineer shall provide the Owner with seven (7)complete signed and sealed sets of construction drawings and four (4) hard copies of the technical specifications and one copy of the drawings and the technical specifications saved electronically in Adobe Acrobat file (.PDF) formatdelivered on a downloadable CD/DVD.Any and 31 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 767 C.20.a all files used to create the technical specifications need to be submitted saved as an Adobe Acrobat file (.PDF) format, with tabbed and indexed section including but not limited to; technical sections, reports such as, asbestos, geotechnical, soils, paint, and photographs. The Architect/Engineer shall provide an estimate of anticipated costs in accordance with the construction development phase. 2.6.4 The Architect/Engineer shall assist the Owner and Monroe County’s Project Management Department in the preparation of the necessary bidding information, bidding forms, the Conditions of Contracts, and the forms of Agreement between the Owner and the Contractors. 2.6.5 The Architect/Engineer'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/Engineer will conform the construction documents in such manner to receive permits upon such plans. Work required from the Architect/Engineer to conform the documents to federal, state, city, county, or agency specificationsand permit requirements to allow them to be approved shall be completed at no charge or cost to the Owner. 2.7BIDDING OR NEGOTIATION PHASE 2.7.1 The Architect/Engineer, following the Owner's approval of the Construction Documents and the Architect/Engineer's latest estimate of Construction Cost, shall assist the Monroe County’s Project Management Department in obtaining bids or negotiated proposals and assist in preparing contracts for construction. 2.7.2 The Architect/Engineer shall assist the Monroe County’s Project Management Department in issuing bidding documents to bidders and conducting pre-bid conferences with prospective bidders. The Architect/Engineer, with the assistance of the Monroe County’s Project Management Department, shall respond to questions from bidders, and shall issue addenda. 2.7.3 The Architect/Engineer shall, on behalf of the Owner, file all necessary documents required to secure all permits. Assistance with securing a development approval will be in the form of providing schematic drawings. 2.8CONSTRUCTION PHASE -ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.8.1.The Architect/Engineer'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/Engineer and Contractor. The Architect/Engineer will administer the Owner/Contractor contract as provided for in that document. The Architect/Engineer 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/Engineer shall at all times have access to the Work whenever it is in preparation or progress. 2.8.3 The Architect/Engineer 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 32 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 768 C.20.a shall be given to the Contractor by the Architect/Engineer or Monroe County’s Project Management Department. 2.8.4 Upon receipt, the Architect/Engineer shall carefully review and examine the Contractor's Schedule of Values, together with any supporting documentation or data which the Owner or the Architect/Engineer 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/Engineer to the contrary in writing, the Schedule of Values shall be returned to the Contractor for revision of supporting documentation or data. After making such examination, if the Schedule of Values is found to be appropriate as submitted, or if necessary, as revised, the Architect/Engineer 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/Engineer 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/Engineer 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/Engineer 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/Engineer shall submit a written report of such inspection, together with any appropriate comments or recommendations to the Owner. 2.8.6 The Architect/Engineer 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/Engineer reliably informs the Owner that the Architect/Engineer 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/Engineer has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and otherdata 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/Engineer shall have authority, after notification to the Monroe County’s Project Management Department to reject Work, which does not conform to the Contract Documents. Whenever the Architect/Engineer considers it necessary or advisable for implementation of the intent of the Contract Documents the Architect/Engineer will have authority, upon written authorization from the Owner, to require additional inspection or testing of the Work in 33 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 769 C.20.a accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. 2.8.9 The Architect/Engineer 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/Engineer'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/Engineer'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/Engineer's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect/Engineer, of construction means, methods, techniques, sequences, or procedures. The Architect/Engineer'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/Engineer 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/Engineer shall take appropriate action on submittals within 14 calendar days. The Architect/Engineer shall maintain a tracking log for the submittals which shall include but not be limited to; the submittal as named in the specification, all dates as required for tracking and the status of approval. A copy of the tracking log will be made available to Owner when requested. 2.8.10 The Architect/Engineer shall review and sign or take other appropriate action on Change Orders and Construction Change Directives prepared by the Monroe County’s Project Management Department for the Owner's approval and executionin accordance with the Contract Documents. Architect/Engineer to take appropriate action within seven (7)calendar days. 2.8.11 The Architect/Engineer 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/Engineer shall require inspection or re-inspection and testing or retesting of the work, to include architectural/engineering, structural, mechanical and electrical engineering portions of the work, in accordance with the provisions of the Construction Contract whenever appropriate. 2.8.13 The Architect/Engineer, assisted by the Monroe County’s Project Management Department, shall conduct inspections to determine the dates of Substantial Completion and the date of Final Completion. The Architect/Engineer shall submit to the Owner a list comprised of incomplete and/or unacceptable items required by the Contract Documents to include architectural/engineering, structural, mechanical, and electrical engineering portions of the work. The Architect/Engineer shall forward to the Monroe County’s Project Management Department warranties and similar submittals required by the Contract Documents which have been received from the Contractor.The Architect/Engineer shall issue a final Project Certificate for Payment upon compliance with the requirements ofthe Contract Documents. 2.8.14 The Architect/Engineer shall interpret and decide matters concerning performance of the Contractor under the requirements of the Contract Documents upon written request. The 34 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 770 C.20.a Architect/Engineer's response to such requests shall be made with promptness and within seven (7) days of receipt of request. 2.8.15 Interpretations and decisions of the Architect/Engineers 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/Engineer shall render written decisions within a reasonable time on all claims, disputes or other matters in question between Owner and Contractors relating to the execution or progress of the Work as provided in the Contract Documents. 2.8.17 Duties, responsibilities and limitations of authority of the Architect/Engineer shall not be restricted, modified or extended without written agreement of the Owner and Architect/Engineer. 2.8.18 The Architect/Engineer shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due and (2) as a Basic Service at the Owner's direction from time to time during the correction period described in the Contract for Construction. This advice and consultation shall be limited to verbal comment on actions of the Owner and shall not necessitate filing of records, forms, or revisions to drawings, without additional compensation. 2.8.19 The Architect/Engineer 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/Engineer 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/Engineer shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. The Architect/Engineer 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/Engineer shall testify in any judicial proceeding concerning the design and construction of the project when requested in writing by the Owner, and the Architect/Engineer shall make available to the Owner any personnel or consultants employed or retained by the Architect/Engineer for the purposeof reviewing, studying, analyzing or investigating any claims, contentions, allegations, or legal actions relating to, or arising out of, the design or construction of the project. Testimony will be provided as part of the basic services when in defense of claims for actions of the Architect/Engineer, unless otherwise prevented by counsel of the Architect/Engineer and which time it would be subject to subpoena. For other claims against the Owner, the Architect/Engineer will do this under an expert witness with compensation. 2.8.22 The Architect/Engineer 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/Engineer shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Architect/Engineer or its consultants, or both. 35 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 771 C.20.a 2.8.24 The Architect/Engineer 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/Engineer, 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. 36 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 772 C.20.a ATTACHMENT B CONSULTANT’S HOURLY RATES 37 Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 773 C.20.a Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 774 C.20.a Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 775 C.20.a Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 776 C.20.a Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 777 C.20.a Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 778 C.20.a Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 779 C.20.a Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 780 C.20.a Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 781 C.20.a Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 782 C.20.a Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 783 C.20.a Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 784 C.20.a Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 785 C.20.a Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 786 C.20.a Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 787 C.20.a Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 788 C.20.a Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 789 C.20.a Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 790 C.20.a Attachment: MC Harry contract with forms & insurance (Approval of Professional A/E Continuing Contract with M.C. Harry and Associates, Inc.) Packet Pg. 791