Item C38BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January
21, 2015
Division: —
Public Works/ n rinecring
Bulk Item: Yes X
No
Department:_
Pro ect Mana ement
Staff Contact Person/Phone #: Kevin Wilson X8797
AGENDA ITEM WORDING: Approval of a continuing contract with William P. Horn Architect,
P.A., 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: On October 16, 2014 a selection committee held a public meeting for the
discussion and ranking of 9 Architectural/Engineering firms who submitted Statements of
Qualifications for a continuing contract with Monroe County pursuant to Florida Statute 287.055 (2).
William P. Horn Architect, P.A. ranked 41. The continuing contract is for a four year period with the
option to renew for one additional year.
PREVIOUS RELEVANT BOCC ACTION: On November 18, 2014 the BOCC approved to
negotiate a continuing contract with the top ranked respondents for architectural and engineering
services.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: N/A INDIRECT COST: N/A_ BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: N/A SOURCE OF FUNDS: N/
REVENUE PRODUCING: Yes No X AMOUN PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing V Risk Management
DOCUMENTATION:
DISPOSITION:
Included X Not Required
AGENDA ITEM #
T' I o
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: William P. Horn Contract #
Effective Date: O1/21/15
Expiration Date:
Contract Purpose/Description:
To provide professional services for miscellaneous pto.jects an which construction costs
-vt, f„A V) OW) 11f`M ,nr• Cnr etrrrly notkAty if lht� rep fnr nrofekssional services for each
tudv under the contract does not exceed
Contract Manager: Ann Riger
(Name)
for BOCC tnectin on 01/21/15
X4439 Pro- Iect Mg�uLJStop 41
(Ext.) (Department/Stop #)
Agenda Deadline: 01/06/15
CONTRACT COSTS
Total Dollar Value of Contract: $ N/A Current Year Portion: $ N/A
Budgeted? Yes® No ❑ Account Codes: - - -
Grant: $ N/A - - -
County Match: $ N/A
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) le .maintenance, utilitie , 'anitorial, salaries,
CONTRACT REVIEW
Changes
Date In Needed
Division Director Yes❑ No
Risk Management � �. Yes❑ No
O.M.13.Purchasing % a ' es( No
County Attorney I � ' � Yes No
Comments:
DMB Form Revised 2/27/01 MCP #2
Date Out
4 8w-/
FINAL RANKING
FOR
A/R PROFESSIONAL SERVICES
CONTINUING CONTRACT
1. William P. Horn Architect, P.A.
2. Bender & Associates Architects, P.A.
3. Currie Sowards Aguila Architects
4. Bermello Ajamil & Partners, Inc.
5. K2M Design, Inc.
6. AMEC Environment & Infrastructure, Inc.
7. Pike Architects, Inc.
8. Pistorino & Alam Consulting Engineers, Inc.
Disqualified: Sol -ARCH, Inc.
ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT
FINAL RANKING SHEET
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Reviewer N1: Doug Sposito Total Score P 1
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Signature of Selection Committee Member
Signature of Selection Committee Member
i. .
Date
Date
A. ®(
Date
I. i
Date
PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT
CONSULTANT AGREEMENT FOR
PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
This Agreement ("Agreement") made and entered into this 21T" day of January 2015, by
and between Monroe County, a political subdivision of the State of Florida, whose address is
1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter
referred to as "COUNTY," through the Monroe County Board of County Commissioners
("BOCC"),
AND
William P. Horn Architect, P.A. whose address is 915 Eaton Street, Key West, FL 33040
its successors and assigns, hereinafter referred to as "CONSULTANT",
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional architectural and engineering
services of CONSULTANT pursuant to Florida Statute 287.055(2) (g) for various County
Projects located in Monroe County, Florida; and
WHEREAS, the employment of the professional architect serves the appropriate public purpose
of providing professional architectural services to Monroe County; and
WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous
projects in which construction costs do not exceed Two Million Dollars ($2,000,000.00) 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); and
WHEREAS, 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 years
thereafter, with options for the County to renew for one additional 1 year period; and
WHEREAS, 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 scope of work,
time schedule, charges and payment conditions, and additional terms and conditions that are
applicable to such Task Orders; and
WHEREAS, 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; and
WHEREAS, 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.
PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONSULTANT agree as follows:
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONSULTANT makes the following express representations and
warranties to the COUNTY:
1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations
necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties
hereunder have been fully satisfied;
1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions
under which the Work is to be completed.
1.1.3 The CONSULTANT shall prepare all documents required by this Agreement including,
but not limited to, all contract plans and specifications, in such a manner that they shall
be in conformity and comply with all applicable law, codes and regulations. The
CONSULTANT warrants that the documents prepared as a part of this Contract will be
adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating
any additional construction cost due to missing or incorrect design elements in the
contract documents;
1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards
to his performance and those directly under his employ.
1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all
services pursuant to this agreement, the CONSULTANT shall abide by all statutes,
ordinances, rules and regulations pertaining to, or regulating the provisions of such
services, including those now in effect and hereinafter adopted. Any violation of said
statutes, ordinances, rules and regulations shall constitute a material breach of this
agreement and shall entitle the Board to terminate this contract immediately upon
delivery of written notice of termination to the CONSULTANT.
1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an
independent contractor and not an employee of the Board of County Commissioners for
Monroe County. No statement contained in this agreement shall be construed so as to
find the CONSULTANT or any of his/her employees, contractors, servants, or agents to
be employees of the Board of County Commissioners for Monroe County.
1.1.7 The CONSULTANT shall 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 agreement or with the provision of services or goods under this
agreement.
PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT
1.1.8 In providing all services pursuant to this agreement, the CONSULTANT shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating such services,
including those now in effect and hereinafter adopted. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this agreement
and shall entitle the COUNTY to terminate this agreement immediately upon delivery of
written notice of termination to the CONSULTANT.
ARTICLE II
SCOPE OF BASIC SERVICES
2.1 SCOPE OF WORK
The CONSULTANT will perform for the COUNTY services as described in individual
Task Orders in accordance with the requirements outlined in this Agreement and the
specific Task Order.
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 presentations to the County Commission. All projects shall have construction costs,
which do not exceed Two Million Dollars($2,000,000.00), 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).
2.1.1 CONSULTANT's Basic Services consist of those described in Paragraphs 2.2 through
2.8, and other services identified as part of Basic Services, and include normal, 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
CONSULTANT shall be responsible for designing the Project in accordance with the
analyses and recommendations of the geotechnical information furnished per Article 4.4
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The CONSULTANT shall review the program, schedule and construction budget
furnished by the Owner to ascertain the requirements of the Project and shall arrive at a
mutual understanding of such requirements with the Owner.
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PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT
2.2.2 The CONSULTANT shall review with the Owner and Monroe County's Project
Management Department proposed site use and improvements, required permits,
zoning, selection of materials, building systems and equipment; and method of Project
delivery.
2.2.3 The CONSULTANT shall review with the Owner and Monroe County's Project
Management Department alternative approaches to design and construction of the
Project.
2.2.4 Based on the mutually agreed -upon program, schedule and construction budget
requirements, the CONSULTANT shall prepare, for approval by the Owner, Schematic
Design Documents consisting of drawings and other documents illustrating the scale and
relationship of Project components.
2.2.5 At levels of completion of 25%, 50% and 75% of the Schematic Design Phase, the
CONSULTANT shall provide schematic design studies for the Owner's review and the
Monroe County's Project Management Department's information.
2.2.6 Upon completion of the Schematic Design Phase, the CONSULTANT shall provide
drawings, outline specifications, estimate of anticipated cost in accordance with the
schematic designs, and other documents for the Owner's approval and the Monroe
County's Project Management Department's information.
2.2.7 The Schematic Design must be approved in writing, by the Owner prior to
CONSULTANT continuing to the Design Development Phase.
2.3 SCHEMATIC DESIGN PHASE REQUIREMENTS
2.3.1 The Schematic Design Phase services shall respond to program requirements and
consist of preparation of: conceptual site and building plans, preliminary sections and
elevations, development of approximate dimensions, areas and volumes, concept
sketches as required to explain the design intent to the owner. Perspective renderings
and models, if required by the Owner, will be billed as an additional service after the
Owner's written approval.
The CONSULTANT shall perform the following design phase tasks:
Structural Design/Documentation services during the Schematic Design Phase
consisting of recommendations regarding basic structural materials and systems,
analyses, and development of conceptual design solutions for: a predetermined
structural system and alternate structural systems.
b. Mechanical Design/Documentation services during the Schematic Design Phase
consisting of consideration of alternate materials, systems and equipment, and
development of conceptual design solutions for: energy source (s), energy
conservation, heating and ventilating, air conditioning, plumbing, fire protection,
special mechanical systems, process systems, and general space requirements.
C. Electrical Design/Documentation services during the Schematic Design Phase
consisting of consideration of alternate systems, recommendations regarding
basic electrical materials, systems and equipment, analyses, and development of
PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT
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.
2.4 DESIGN DEVELOPMENT/DOCUMENT PHASE
2.4.1 Based on the approved Schematic Design Documents and any adjustments authorized
by the Owner in the program, schedule or construction budget, the CONSULTANT shall
prepare Design Development Documents for the 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
CONSULTANT, the CONSULTANT shall provide drawings and other documents which
depict the current status of design development for the Owner's review and the Monroe
County's Project Management Department's information. The CONSULTANT shall
provide an estimate of anticipated cost in accordance with the design development
phase.
2.4.3 Upon completion of the Design Development Phase, the CONSULTANT shall provide
drawings, outline specifications and other documents for the Owner's approval and the
Monroe County's Project Management Department's information. The CONSULTANT
shall provide an estimate of anticipated costs in accordance with the design
development phase.
2.4.4 The Design Development Documents must be approved in writing, by the Owner prior to
CONSULTANT continuing to the Construction Documents Phase.
2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS
To satisfactorily perform the design development phase requirement, the CONSULTANT
must complete the tasks set forth in paragraphs 2.5.1 - 2.5.13.
2.5.1 Floor Plans - This consists of general plans, overall coordinating plans, and plan
enlargements for important and special areas. Data required:
a. Building perimeter (footprint) and exterior wall type, thickness and composition
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
PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT
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., %"). 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).
2.5.2 General Elevations
a. Total full -height facades including roof structures
b. All fenestration
C. Overall vertical building and floor heights
d. Indicate cross-reference points with sections
e. Indicate setbacks, building profiles, expansion joints, etc.
f. Indicate treatment of visible mechanical equipment
g. System impact (precast concrete, stone, panel systems, metal/glass curtain wall,
etc.) properly selected by adequate technical investigation.
2.5.3 Sections
Overall Sections - Overall building longitudinal and transverse "building explanation"
type. Detail Wall Sections - Largest scale (e.g., %"). 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
2.5.4 Details - Large scale (1-1/2", 3") as required. Indicate key conditions.
a. Window types: divisions, pattern, mullion profiles, vent detail, glazing type,
jamb/head, plan section
b. Hollow metal (typical only; keyed to plans and schedules)
C. Frame types (typical only; for compatibility and profile)
d. Stair types - egress, public, exterior (including railing design) Metal and glass
walls, borrowed lights, etc.; for division, profile, and glazing
f. Interior partition types (typical only; keyed to plans and schedules)
g. Built-in furniture items, receptions, desks, work tops, counters, cabinet types,
display cases, recesses, wardrobes, millwork, etc.
2.5.5 Interior Elevations - Typical and special spaces, interfaced with, and cross-
referenced to, floor and reflected ceiling plans. Indicate:
a. Breaks
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PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT
b. Level changes
C. Pertinent vertical dimensions.
2.5.6 Reflected Ceiling Plans - Typical and special space. Integrated plans reflecting
structural, mechanical, and electrical impacts. Plans to indicate:
a. Lighting layouts
b. Soffits, coves, furrings
C. Skylight locations
d. Ceiling materials
e. Acoustic treatments
f. Heating and ventilating register, diffuser locations
g. Sprinklers
h. Access panels
2.5.7 Schedules - Schedules to be non -repetitive and comprehensive, with specific keying to
floor plans and elevations.
a. Interior finishes
b. Doors and frames
C. Preliminary hardware
d. Windows/glazing
2.5.8 Specifications - Comprehensive, abbreviated methods, materials and systems
descriptions in tune with drawings. Use CSI format with applicable section numbers.
Include all consultant portions as well as those special supplementary conditions specific
to the project.
2.5.9 Preliminary Estimate of Construction Cost - Adjustment of the preliminary estimate of
construction cost prepared at the end of schematic design.
2.5.10 Structural Design Development Set
a. Floor plans at the same scale as the architectural/engineering drawings
b. Typical floor framing plans, including sizing of beam drops, slab openings,
thicknesses, and depressions
C. Framing indication and governing sizing at: roof structures, penthouse,
bulkheads, other
d. Non -typical framing scheme where required: lobby, floors at grade, and other
e. All column points established
f. Final column schedule
g. Preliminary details and sections to adequately indicate structural system
h. Preliminary details of major unique conditions that impact on scheme (as
determined by the CONSULTANT)
i. Details indicating accommodation with mechanical/electrical at areas of major
interface
j. Design development specifications
k. Any necessary recommended adjustments to the preliminary estimate of
construction cost.
2.5.11 Mechanical/Electrical Design Development Set
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PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT
a. Typical floor plans. Systems representation in diagrammatic (non -detailed) style,
major items of equipment indicated their space requirements and interface
requirements with other systems. Indicate: major shafts (sizes), chases,
mechanical rooms and electric closets, and convector/fan coil locations, etc.
b. Required punctures: wall, slab, and beam
C. Terminal plans (lobby, cellar, roof) with items of heavy equipment shown in
diagrammatic style, with their space requirements indicated: (1) Boiler/heater
spaces (include clear height requirements), (2) Transformer vaults (approved
obtained from local utility company), (3) Switchgear, emergency generator, water
storage tanks, fire pumps, etc., (4) Roof cooling towers, major air-conditioning
and air -handling equipment, packaged units, etc.
d. Locations of major roof -air handling equipment: cooling towers, exhaust fans,
etc.
e. Preliminary details of major and unique conditions that impact on scheme (as
determined by the CONSULTANT)
f. Data to be developed in conjunction and in coordination with the project team:
1. Integrated diagrammatic lighting plans indicating all overhead mechanical
and electrical equipment for typical floor and special spaces
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 datum elevation with key exterior grades at building perimeter.
C. Site development grading and landscaping plans
d. Overall preliminary site grading and defined design of external elements, properly
coordinated and interfaced with mechanical/electrical for utility entry points
e. Indicate areaways, vaults, access to sub -grade spaces
f. Preliminary site and exterior building lighting scheme with identification of fixture
types
g. Parking area defined with preliminary plotting
h. Indication of paths, stairs, ramps, berms, terraces, etc.
i. 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
I. Any necessary adjustments to the preliminary estate of construction cost.
2.5.13 Other Consultants' Design Development Sets
As appropriate to the Project.
2.5.14 Limitations - The above list of drawings represents, in general, the requirements of the
Project.
PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT
2.6 CONSTRUCTION DOCUMENTS PHASE
2.6.1 Based on the approved Design Development Documents and any further adjustments
authorized by the Owner in the scope or quality of the Project or in the construction
budget, the CONSULTANT shall prepare, for approval by the Owner and Monroe
County's Project Management Department, Construction Documents consisting of
Drawings and Specifications setting forth in detail the requirements for the construction
of the project.
2.6.2 The CONSULTANT shall provide Drawings and Specifications for the Owner's and the
Monroe County's Project Management Department's review.
2.6.3 Upon completion of the Construction Documents Phase, the CONSULTANT shall
provide Construction Documents for the Owner's and Monroe County's Project
Management Department's approval. Once approved the CONSULTANT shall provide
the Owner with seven (7) complete signed and sealed sets of construction drawings and
four (4) hard copies of the technical specifications and one copy of the drawings
and the technical specifications saved electronically in Adobe Acrobat file (.PDF) format
delivered on a downloadable CD/DVD. Any and 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 CONSULTANT shall
provide an estimate of anticipated costs in accordance with the construction
development phase.
2.6.4 The CONSULTANT shall assist the Owner and Monroe County's Project Management
Department in the preparation of the necessary bidding information, bidding forms, the
Conditions of Contracts, and the forms of Agreement between the Owner and the
Contractors.
2.6.5 The CONSULTANT's construction documents (plans, specifications, etc.) will conform to
all written codes and regulations of the federal government, county, state, municipalities,
agencies and state departments, in effect at the date of this Agreement, and shall be of
such completion as to receive all permits when applied for. If permits are denied, then
the CONSULTANT will conform the construction documents in such manner to receive
permits upon such plans. Work required from the CONSULTANT to conform the
documents to federal, state, city, county, or agency specifications and permit
requirements to allow them to be approved shall be completed at no charge or cost to
the Owner.
2.7 BIDDING OR NEGOTIATION PHASE
2.7.1 The CONSULTANT, following the Owner's approval of the Construction Documents and
the CONSULTANT's latest estimate of Construction Cost, shall assist the Monroe
County's Project Management Department in obtaining bids or negotiated proposals and
assist in preparing contracts for construction.
2.7.2 The CONSULTANT shall assist the Monroe County's Project Management Department
in issuing bidding documents to bidders and conducting pre -bid conferences with
prospective bidders. The CONSULTANT shall assist Monroe County's Project
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PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT
Management Department with any specific questions from bidders by responding
directly to Project Management on questions. CONSULTANT shall not respond directly
to bidders. The County is responsible for issuing all addenda.
2.7.3 The CONSULTANT 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.
2.8 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
2.8.1. The CONSULTANT's responsibility to provide Basic Services for the Construction Phase
under this Agreement commences with the award of the Contract for construction and
terminates with the issuance to the Owner of the final Project Certificate for Payment
including the submission of all project close-out documents by the CONSULTANT and
Contractor. The CONSULTANT will administer the Owner/Contractor contract as
provided for in that document. The CONSULTANT agrees to perform a project check
prior to the end of the warranty period as a part of the contract. The check shall not
exceed one working day unless additional time is approved by the Owner.
2.8.2 The CONSULTANT shall at all times have access to the Work whenever it is in
preparation or progress.
2.8.3 The CONSULTANT shall, as contemplated herein and in the Construction Contract, but
not otherwise, act on behalf, and be the agent, of the Owner throughout construction of
the Project. Instructions, directions, and other appropriate communications from the
Owner to the Contractor shall be given to the Contractor by the CONSULTANT or
Monroe County's Project Management Department.
2.8.4 Upon receipt, the CONSULTANT shall carefully review and examine the Contractor's
Schedule of Values, together with any supporting documentation or data which the
Owner or the CONSULTANT may require from the Contractor. The purpose of such
review and examination shall be to protect the Owner from an unbalanced Schedule of
Values which allocates greater value to certain elements of the Work than is indicated by
such supporting documentation or data, or than is reasonable under the circumstances.
If the Schedule of Values was not found to be appropriate, or if the supporting
documentation or data is deemed to be inadequate, and unless the Owner directs the
CONSULTANT to the contrary in writing, the Schedule of Values shall be returned to the
Contractor for revision of supporting documentation or data. After making such
examination, if the Schedule of Values is found to be appropriate as submitted, or if
necessary, as revised, the CONSULTANT shall sign the Schedule of Values thereby
indicating its informed belief that the Schedule of Values constitutes a reasonable,
balanced basis for payment of the Contract Price to the Contractor. The CONSULTANT
shall not approve such Schedule of Values in the absence of such belief unless directed
to do so, in writing, by the Owner.
2.8.5 The CONSULTANT shall carefully 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
CONSULTANT shall protect the Owner from continuing deficient or defective work, from
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PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT
continuing unexcused delays in the schedule and from overpayment to the Contractor.
Following each inspection, the CONSULTANT shall submit a written report of such
inspection, together with any appropriate comments or recommendations to the Owner.
2.8.6 The CONSULTANT shall initially approve periodic and final payments owed to the
Contractor under the Construction Contract predicated upon 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 CONSULTANT reliably informs the Owner that
the CONSULTANT has made the inspection of the work required, and that the work for
which payment is approved has reached the quantities or percentages of completion
shown, or both, that the quality of the Contractor's work meets or exceeds the
requirements of the Construction Contract, and that under the terms and conditions of
the Construction Contract, the Owner is obligated to make payment to the Contractor of
the amount approved.
2.8.7 The issuance of a Certificate for Payment shall not be a representation that the
CONSULTANT has (1) made exhaustive or continuous on -site inspections to check the
quality or quantity of the Work; (2) reviewed construction means, methods, techniques,
sequences or procedures; (3) reviewed copies of requisitions received from
Subcontractors and material suppliers and other data requested by the Owner to
substantiate the Contractor's right to payment or; (4) ascertained how or for what
purpose the Contractor has used money previously paid on account of the Contract
Sum.
2.8.8 The CONSULTANT shall have authority, after notification to the Monroe County's
Project Management Department to reject Work, which does not conform to the Contract
Documents. Whenever the CONSULTANT considers it necessary or advisable for
implementation of the intent of the Contract Documents the CONSULTANT will have
authority, upon written authorization from the Owner, to require additional inspection or
testing of the Work in accordance with the provisions of the Contract Documents,
whether or not such Work is fabricated, installed or completed.
2.8.9 The CONSULTANT shall review and approve or take other appropriate action upon
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for
the limited purpose of checking for conformance with information given and the design
concept expressed in the Contract Documents. The CONSULTANT's action shall be
taken with such reasonable promptness as to cause no delay in the Contractor's Work or
in construction by the Owner's own forces, while allowing sufficient time in the
CONSULTANT's professional judgment to permit adequate review. Review of such
submittals is not conducted for the purpose of determining the accuracy and
completeness of other details such as dimensions and quantities or for substantiating
instructions for installation or performance of equipment or systems designed by the
Contractors, all of which remain the responsibility of the Contractors to the extent
required by the Contract Documents. The CONSULTANT's review shall not constitute
approval of safety precautions or, unless otherwise specifically stated by the
CONSULTANT, of construction means, methods, techniques, sequences, or
procedures. The CONSULTANT's approval of a specific item shall not indicate approval
of an assembly of which the item is a component. When professional certification of
performance characteristic of materials, systems or equipment is required by the
Contract Documents, the CONSULTANT shall be entitled to rely upon such certification
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PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT
to establish that the materials, systems or equipment will meet the performance criteria
required by the Contract Documents. CONSULTANT shall take appropriate action on
submittals within 14 calendar days. The CONSULTANT shall maintain a tracking log for
the submittals which shall include but not be limited to; the submittal as named in the
specification, all dates as required for tracking and the status of approval. A copy of the
tracking log will be made available to Owner when requested.
2.8.10 The CONSULTANT shall review and sign or take other appropriate action on Change
Orders and Construction Change Directives prepared by the Monroe County's Project
Management Department for the Owner's approval and execution in accordance with the
Contract Documents. CONSULTANT to take appropriate action within 7 calendar days.
2.8.11 The CONSULTANT shall promptly provide appropriate interpretations as necessary for
the proper execution of the work as long as there is no change in Contract price.
2.8.12 The CONSULTANT shall require inspection or re -inspection and testing or retesting of
the work, to include architectural/engineering, structural, mechanical and electrical
engineering portions of the work, in accordance with the provisions of the Construction
Contract whenever appropriate.
2.8.13 The CONSULTANT, assisted by the Monroe County's Project Management Department,
shall conduct inspections to determine the dates of Substantial Completion and the date
of Final Completion. The CONSULTANT shall submit to the Owner a list comprised of
incomplete and/or unacceptable items required by the Contract Documents to include
architectural/engineering, structural, mechanical, and electrical engineering portions of
the work. The CONSULTANT shall forward to the Monroe County's Project
Management Department warranties and similar submittals required by the Contract
Documents which have been received from the Contractor. The CONSULTANT shall
issue a final Project Certificate for Payment upon compliance with the requirements of
the Contract Documents.
2.8.14 The CONSULTANT shall interpret and decide matters concerning performance of the
Contractor under the requirements of the Contract Documents upon written request.
The CONSULTANT's response to such requests shall be made with promptness and
within seven (7) days of receipt of request.
2.8.15 Interpretations and decisions of the CONSULTANTs shall be consistent with the intent of
and reasonably inferable from the Contract Documents and shall be in writing or in the
form of drawings and submitted on proper Construction Change Directives.
2.8.16 The CONSULTANT shall render written decisions within a reasonable time on all claims,
disputes or other matters in question between Owner and Contractors relating to the
execution or progress of the Work as provided in the Contract Documents.
2.8.17 Duties, responsibilities and limitations of authority of the CONSULTANT shall not be
restricted, modified or extended without written agreement of the Owner and
CONSULTANT.
2.8.18 The CONSULTANT shall be a representative of and shall advise and consult with the
Owner (1) during construction until final payment to the Contractor is due and (2) as a
Basic Service at the Owner's direction from time to time during the correction period
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PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT
described in the Contract for Construction. This advice and consultation shall be limited
to verbal comment on actions of the Owner and shall not necessitate filing of records,
forms, or revisions to drawings, without additional compensation.
2.8.19 The CONSULTANT shall transmit to the Owner all manuals, operating instructions, as -
built plans, warranties, guarantees and other documents and things required by the
Construction Contract and submitted by the Contractor.
2.8.20 The CONSULTANT shall not have control over or charge of and shall not be responsible
for construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work, since these are solely the
Contractor's responsibility under the Contract for Construction. The CONSULTANT shall
not be responsible for the Contractor's schedules or failure to carry out the work in
accordance with the contract documents. The CONSULTANT shall not have control
over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons performing portions of the work.
2.8.21 The CONSULTANT shall testify in any judicial proceeding concerning the design and
construction of the project when requested in writing by the Owner, and the
CONSULTANT shall make available to the Owner any personnel or consultants
employed or retained by the CONSULTANT for the purpose of reviewing, studying,
analyzing or investigating any claims, contentions, allegations, or legal actions relating
to, or arising out of, the design or construction of the project. Testimony will be provided
as part of the basic services when in defense of claims for actions of the CONSULTANT,
unless otherwise prevented by counsel of the
CONSULTANT and which time it would be subject to subpoena. For other claims
against the Owner, the CONSULTANT will do this under an expert witness with
compensation.
2.8.22 The CONSULTANT shall review any as -built drawings furnished by the Contractor and
shall certify to the Owner that same are adequate and complete.
2.8.23 The CONSULTANT shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its
consultants, or both.
2.8.24 The CONSULTANT must reimburse the Owner for 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 CONSULTANT, its consultants, or both. This added
expense is defined as the difference in cost from that which the Owner would have paid
if the work was included in the bid, and the actual cost presented by the Contractor.
ARTICLE 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 the
COUNTY before commencement.
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PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT
3.2 If Additional Services are required the COUNTY shall issue a letter requesting and
describing the requested services to the CONSULTANT. The CONSULTANT shall
respond with a fee proposal to perform the requested services. Only after receiving an
amendment to the Agreement and a notice to proceed from the COUNTY, shall the
CONSULTANT proceed with the Additional Services.
3.3 The following services are considered Additional Services and not included in Basic
Services:
A. Providing services of CONSULTANT for other than the previously listed consulting
scope of Project provided as part of Basic Services.
B. Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted consulting practice.
C. Providing representation before public bodies in connection with the Project, upon
approval by the COUNTY.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide information regarding requirements for the Project including
physical location of work, county maintained roads, maps.
4.2 The COUNTY shall designate a representative to act -on the COUNTY's behalf with
respect to the Project. The COUNTY or its representative shall render decisions in a
timely manner pertaining to documents submitted by the CONSULTANT in order to
avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S
services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware of any fault or defect in the Project or non-
conformance with the Agreement Documents. Written notice shall be deemed to have
been duly served if sent pursuant to paragraph 2.3.
4.4 The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
CONSULTANT'S services and work of the contractors.
4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its
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 CONSULTANT of responsibility for the accuracy,
adequacy, fitness, suitability or coordination of its work product.
4.6 The COUNTY shall provide copies of necessary documents required to complete the
work, so long as the requested documents are in the possession of the County.
4.7 Information requested by the CONSULTANT that may be of assistance to the
CONSULTANT and that the COUNTY has immediate access to will be provided as
requested.
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PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT
INDEMNIFICATIONARTICLE V
! HOLD HARMLESI
5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless
COUNTY/Monroe County and Monroe County Board of County Commissioners, its
officers and employees from liabilities, damages, losses and costs, including but not
limited to, reasonable attorneys' fees, to the extent caused by the negligence,
recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s)
and other persons employed or utilized by the CONSULTANT in the performance of the
contract.
5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the
indemnification provided for above. The extent of liability is in no way limited to,
reduced, or lessened by the insurance requirements contained elsewhere within this
agreement. Should any claims be asserted against the COUNTY by virtue of any
deficiency or ambiguity in the plans and specifications provided by the CONSULTANT,
the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and
shall indemnify him from all losses occurring thereby and shall further defend any claim
or action on the COUNTY'S behalf.
5.3 In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the CONSULTANT'S failure to purchase or maintain the
required insurance, the CONSULTANT shall indemnify COUNTY from any and all
increased expenses resulting from such delays. Should any claims be asserted against
COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications
provide by the CONSULTANT the CONSULTANT agrees and warrants that
CONSULTANT hold the COUNTY harmless and shall indemnify it from all losses
occurring thereby and shall further defend any claims or action on the COUNTY'S
behalf.
5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
5.5 This indemnification shall survive the expiration or early termination of the Agreement.
6.1 PERSONNEL
The CONSULTANT shall assign only qualified personnel to perform any service concerning the
project. At the time of execution of this Agreement, the parties anticipate that the following
named individuals will perform those functions as indicated:
FUNCTIONNAME
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PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT
So long as the individuals named above remain actively employeA
retained by the
CONSULTANT, they shall perform the functions indicated next to their names. If they are
replaced the CONSULTANT shall notify the COUNTY of the change immediately.
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S
performance of this Agreement based on rates negotiated and agreed upon and shown
in Attachment A, or as an agreed upon lump sum fee, which will be defined in each
specific Task Order.
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations and responsibilities set
forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant
to the Local Government Prompt Payment Act 218.70, Florida Statutes.
(A) If the CONSULTANT'S duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
compensation due to the CONSULTANT shall be equitably adjusted, either
upward or downward;
(B) As a condition precedent for any payment due under this Agreement, the
CONSULTANT shall submit monthly, unless otherwise agreed in writing by the
COUNTY, a proper invoice to COUNTY requesting payment for services properly
rendered. The CONSULTANT'S invoice shall describe with reasonable
particularity the service rendered. The CONSULTANT'S invoice shall be
accompanied by such documentation or data in support of expenses for which
payment is sought and the COUNTY may require.
7.3 REIMBURSABLE EXPENSES
7.3.1 Reimbursable expenses are not allowed as part of this contract.
7.4.1 Any Additional Services shall be negotiated and agreed to with each individual Task
Order.
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PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT
7.5.1 BUDGET
7,5,1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to
pay, any fees or expenses in excess of the amount budgeted for this contract in each
fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners.
The budgeted amount may only be modified by an affirmative act of the COUNTY's
Board of County Commissioners.
7.5.2 The COUNTY's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners and the approval
of the Board members at the time of contract initiation and its duration.
7.5.3 If funding cannot be obtained or cannot be continued at a level sufficient to allow for
continued reimbursement of expenditures for services specified in this Agreement or in
the separate Task Orders for individual projects, the Agreement may be terminated
immediately at the option of the COUNTY by written notice of termination delivered to
the CONSULTANT. The COUNTY shall not be obligated to pay for any services
provided by the CONSULTANT after the CONSULTANT has received written notice of
termination, unless otherwise required by law.
7.5.4 The COUNTY does not guarantee CONSULTANT any specific amount of work or Task
Orders under this Agreement. The parties shall enter into a separate Task Order for
each project awarded to the CONSULTANT by the COUNTY. The specific services to
be performed under these separate Task Orders will be determined by the COUNTY and
agreed to by the CONSULTANT. Each Task Order will contain specific scope of work,
time schedule, charges, payment conditions, and additional terms and conditions
applicable to that specific Task Order.
ARTICLE_VIII
INSURANCE
8.1 The CONSULTANT shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. In the event the completion of the
project (to include the work of others) is delayed or suspended as a result of the
CONSULTANT'S failure to purchase or maintain the required insurance, the
CONSULTANT shall indemnify the COUNTY from any and all increased expenses
resulting from such delay.
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of
VI or better, that is licensed to do business in the State of Florida and that has an agent
for service of process within the State of Florida. The coverage shall contain an
endorsement providing sixty (60) calendar days notice to the COUNTY prior to any
cancellation of said coverage. Said coverage shall be written by an insurer acceptable to
the COUNTY and shall be in a form acceptable to the COUNTY.
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.
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PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT
B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000
Disease, policy limits, $100,000 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 $50,000 per person, $100,000 per Occurrence, $25,000
Property Damage or $100,000 combined single limit.
D. Commercial general liability, including Personal Injury Liability, covering claims for
injuries to members of the public or damage to property of others arising out of any
covered act or omission of the CONSULTANT or any of its employees, agents or
subcontractors or subconsultants, including Premises and/or Operations, Products
and Completed Operations, Independent Contractors; Broad Form Property Damage
and a Blanket Contractual Liability Endorsement with $300,00 per Person, $500,000
per Ocurrence, $200,000 Property Damage or $500,000 Combined Single Limit.
An Occurrence Form policy is preferred. If coverage is changed to or provided on a
Claims Made policy, its provisions should include coverage for claims filed on or after
the effective date of this contract. In addition, the period for which claims may be
reported must extend for a minimum of 48 months following the termination or
expiration of this contract.
E. Architects Errors and Omissions insurance of $500,000 per occurrence and
$1,000,000 annual aggregate. If the policy is a "claims made" policy, CONSULTANT
shall maintain coverage or purchase a "tail" to cover claims made after completion of
the project to cover the statutory time limits in Chapter 95 of the Florida Statutes.
F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S
liabilities hereunder in insurance coverages identified in Paragraphs C and D.
G. CONSULTANT shall require its 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 insured.
The COUNTY reserves the right to require a certified copy of such policies upon
request.
I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance
will be required. In addition, the CONSULTANT may be required to submit updated
financial statements from the fund upon request from the COUNTY.
ARTICLE IX
MISCELLANEOUS
9.1 SECTION HEADINGS
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PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The Drawings, Specifications and other documents prepared by the CONSULTANT are
instruments of the CONSULTANT'S service for use solely with respect to each individual
Task Order and the CONSULTANT shall be deemed the author of documents and shall
retain all common law, statutory and other reserved rights, including reproducible copies,
of the CONSULTANT'S Drawings, Specifications, and other documents shall not be
used by the COUNTY or others on other projects except by agreement in writing and
with appropriate compensation to the CONSULTANT.
The COUNTY may utilize the construction documents, As -Built documents, etc., as
required for reference on any necessary future work on the site, and for constructing,
using and maintaining the project.
9.3 SUCCESSORS AND ASSIGNS
The CONSULTANT shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County
Commissioners for Monroe County and the CONSULTANT, which approval shall be
subject to such conditions and provisions as the Board may deem necessary. This
paragraph shall be incorporated by reference into any assignment or subcontract and
any assignee or subcontractor shall comply with all of the provisions of this agreement.
Subject to the provisions of the immediately preceding sentence, each party hereto
binds itself, its successors, assigns and legal representatives to the other and to the
successors, assigns and legal representatives of such other party.
9.4 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or
any rights in favor of, any third party.
9.5 TERMINATION
A. In the event that the CONSULTANT shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five days
written notification to the CONSULTANT.
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so. Termination
expenses shall include expenses available under the Agreement through the date on
the notice of termination and shall not include any additional services required in
order to stop performance of services, unless agreed to in writing by the COUNTY
and subject to audit for the purpose of verification.
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PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT
9.6 CONTRACT DOCUMENTS
This contract consists of any addenda, the Form of Agreement (Articles I -IX), the
CONSULTANT'S response to the RFQ, the documents referred to in the Form of
Agreement as a part of this Agreement, and attachments, if any, and modifications made
after execution by written amendment. In the event of any conflict between any of the
Contract documents, the one imposing the greater burden on the CONSULTANT will
control.
9.7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on contracts to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on
leases of real property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of this
Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida
Statutes). Violation of this section shall result in termination of this Agreement and
recovery of all monies paid hereto, and may result in debarment from COUNTY's
competitive procurement activities.
In addition to the foregoing, CONSULTANT further represents that there has been no
determination, based on an audit, that it or any subconsultant has committed an act
defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has
not been formally charged with committing an act defined as a "public entity crime"
regardless of the amount of money involved or whether 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.
9.8 MAINTENANCE OF RECORDS
CONSULTANT shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for a period of five years from
the termination of this agreement. Each party to this Agreement or its authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement
and for four years following the termination of this Agreement. If an auditor employed by
the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this
Agreement were spent for purposes not authorized by this Agreement, or were
wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies
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PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT
together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running
from the date the monies were paid by the COUNTY.
9.9 PUBLIC RECORDS
"Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all
public records laws of the State of Florida, including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily would be required
by Monroe County in order to perform the service.
(b) Provide the public with access to public records on the terms and conditions that
Monroe County would provide the records and at a cost that does not exceed the cost
provided in Florida Statutes, Chapter 119 or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to
Monroe County all public records in possession of the contractor upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to Monroe County in a format that is compatible with the information
technology systems of Monroe County.
9.10 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree
that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate
court or before the appropriate administrative body. This agreement shall not be subject
to arbitration. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual
and customary procedures required by the circuit court of Monroe County.
9.11 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof
to any circumstance or person) shall be declared invalid or unenforceable to any extent
by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the
remaining terms, covenants, conditions and provisions of this Agreement would prevent
the accomplishment of the original intent of this Agreement. The COUNTY and
CONSULTANT agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
9.12 ATTORNEY'S FEES AND COSTS
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PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT
The COUNTY and CONSULTANT agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an
award against the non -prevailing party, and shall include attorney's fees, courts costs,
investigative, and out-of-pocket expenses in appellate proceedings.
9.13 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the COUNTY and CONSULTANT and their respective legal
representatives, successors, and assigns.
9.14 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
9.15 CLAIMS FOR FEDERAL OR STATE AID
CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement;
provided that all applications, requests, grant proposals, and funding solicitations shall
be approved by each party prior to submission.
9.16 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each
of the parties. If no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue or issues shall be discussed at a public meeting of the Board of
County Commissioners. If the issue or issues are still not resolved to the satisfaction of
the parties, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law. This provision does not negate or waive
the provisions of paragraph 9.5 concerning termination or cancellation.
9.17 COOPERATION
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement, COUNTY
and CONSULTANT agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement.
COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be
required to enter into any arbitration proceedings related to this Agreement.
9.18 NONDISCRIMINATION
CONSULTANT and COUNTY agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
22
PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT
jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order.
CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and
all local ordinances, as applicable, relating to nondiscrimination. These include but are
not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990
(42 USC s. 1201 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13,
Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national
origin, ancestry, sexual orientation, gender identity or expression, familial status or age;
11) Any other nondiscrimination provisions in any Federal or state statutes which may
apply to the parties to, or the subject matter of, this Agreement.
9.19 COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
9.20 CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation
or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
9.21 NO SOLICITATION/PAYMENT
The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not paid or agreed
to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY
23
PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT
shall have the right to terminate this Agreement without liability and, at its discretion, to
offset from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
9.22 PUBLIC ACCESS.
The CONSULTANT and COUNTY shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the CONSULTANT and COUNTY in connection with this Agreement; and
the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of
this provision by CONSULTANT.
9.23 NON -WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONSULTANT and the COUNTY in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent
of liability coverage, nor shall any contract entered into by the COUNTY be required to
contain any provision for waiver.
9.24 PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits
which apply to the activity of officers, agents, or employees of any public agents or
employees of the COUNTY, when performing their respective functions under this
Agreement within the territorial limits of the COUNTY shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the COUNTY.
9.25 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional
or statutory duties of the COUNTY, except to the extent permitted by the Florida
constitution, state statute, and case law.
9.26 NON -RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third -party claim or entitlement to or
24
PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT
benefit of any service or program contemplated hereunder, and the CONSULTANT and
the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise
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.
9.27 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONSULTANT agrees to execute such documents as COUNTY may reasonably
require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -
Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as
the execution of a truth in negotiation certificate stating that wage rates and other factual
unit costs supporting the compensation pursuant to the Agreement are accurate,
complete, and current at the time of contracting. The original contract price and any
additions thereto shall be adjusted to exclude any significant sums by which the agency
determines the contract price was increased due to inaccurate, incomplete, or
concurrent wage rates and other factual unit costs. All such adjustments must be made
within one year following the end of the Agreement.
9.28 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall
be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
9.29 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any
such counterpart.
9.30 DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY AND OBLIGATION
It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended,
shall have the opportunity to participate in the performance of contracts financed in
whole or in part with COUNTY funds under this Agreement. The DBE requirements of
applicable federal and state laws and regulations apply to this Agreement. The COUNTY
and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in
the performance of this Agreement. In this regard, all recipients and contractors shall
take all necessary and reasonable steps in accordance with applicable federal and state
laws and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The COUNTY and the CONSULTANT and subcontractors shall not
discriminate on the basis of race, color, national origin or sex in the award and
performance of contracts, entered pursuant to this Agreement.
25
PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
(SEAL)
Attest: AMY HEAVILIN, Clerk
By`
Deputy Clerk
(Seal)
Attest:
BY:
Title:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
CONSULTANT
WILLIAM P. HOR ARCHITECT, P.A.
By:
Title:
END OF AGREEMENT
MONROE COUNTY ATTORNEY
ArtPIROVED AS TO F M
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i1,� °ILEENt'; W C'A� i DEL
ASSISTANT COUNTY ATTORNEY
26
ATTACHMENT "A"
Our standard hourly rates are as follows:
Architect:
Principal Architect
$225.00/hr
Architect
$150.00/hr
Intern Architect
$125.00/hr
Draftsperson
$95.00/hr
Structural Engineer:
Structural Engineer
$150.00/hr
MEP Engineer:
Engineer
$150.00/hr
Drafting
$75.00/hr
Civil Engineering:
Principal Civil Engineer $150.00/hr
Senior Civil Engineer
$120.00/hr
Civil Engineer
$100.00/hr
Drafting
$85.00/hr
Landscape Architect:
Landscape Architect
$150.00/hr
Landscape Designer
$100.00/hr
Planner:
Principal Planner
$150.00/hr
Sustainability Consultant:
Principal
$180.00/hr
Sr. Project Manager
$125.00/hr
Project Manager
$95.00/hr
Research Associate
$75.00/hr
Office Manager
$45.00/hr
2014 / 2015
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2015
RECEIPT# 46110-61429
Business Name: WILLIAM P HORN ARCHITECT
Owner Name: WILLIAM P HORN Business Location: 915 EATON ST
Mailing Address: KEY WEST, FL 33040
915 EATON ST Business Phone: 305-296-8302
KEY WEST, FL 33040 Business Type: PROFESSIONAL (PROFESSIONAL ARCHITECT)
0
STATE LICENSE: AR 0013537
m, _ _ ..
Tax Amount Transfer Fee Sub Total Penalty Prior Years Collection Cost Tota{ Paid
31 0.00: 30.00 0.00 0.00 0.00 30.00
Paid 105-13-00005060 09/08/2014 30.00
THIS BECOMES A TAX RECEIPT Danlse D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX.
WHEN. VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL
COUNTY AND/OR
MUNICIPALITY PLANNING
AND ZONING REQUIREMENTS.
MONROE COUNTY BUSINESS TAX RECEIPT
P.O. Box 1129, Key West, FL 33041-1129
EXPIRES SEPTEMBER 30, 2015
Business Name: WILLIAM P HORN ARCHITECT RECEIPT# 46110-61429
Business Location: 915 EATON ST
Owner Name: WILLIAM P HORN KEY WEST, FL 33040
Mailing Address: Business Phone: 305-296-8302
915 EATON ST Business Type: PROFESSIONAL (PROFESSIONAL ARCHITECT)
KEY WEST, FL 33040
0
STATE LICENSE: AR 0013537
mow., ._.__.. _. ...... __. _ .... .,� __ __ .,
Tax Amount Transfer Fee Sub Total Penalty PnorYearS Collection Cost Total Paid
30.00 0 00 30,001 0.00 0,00 0 0 30.00
Paid 105-13-00005060 09/08/2014 30.00
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