Item C19 C.19
J �� BOARD OF COUNTY COMMISSIONERS
County of Monroe ire �f �r�l � � Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District I
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
August 19, 2020
Agenda Item Number: C.19
Agenda Item Summary #7171
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Cary Vick(30) 292-4339
n/a
AGENDA ITEM WORDING: Approval of First Amendment to the Agreement for Professional
Services with CPH, Inc. for the Cudjoe Key Fire Station. This First Amendment is for a not to
exceed amount of$39,150.00 and is for additional construction administration services.
ITEM BACKGROUND: The construction phase of the Cudjoe Fire Station project was projected
to take one year. The construction phase has now exceeded the original period by more than 6
months through no fault of the Architect; CPH, Inc. Due to this significant increase in time, CPH has
expended all of their funds allocated to construction administration. This First Amendment allows
for an additional 5 months of construction administration services including review of construction
progress, review of requests for information (RFIs), review of submittals and review of proposed
design changes from the County and Contractor.
PREVIOUS RELEVANT BOCC ACTION:
6/15/16—BOCC approved an Agreement with CPH, Inc. for design of the new Cudjoe Fire Station.
CONTRACT/AGREEMENT CHANGES:
Additional construction administration services for 5 more months
STAFF RECOMMENDATION: Approval of First Amendment
DOCUMENTATION:
First Amend_CPH_legal stamped
CPH - Design Contract- EXEC - 6-15-16
FINANCIAL IMPACT:
Effective Date: 8/15/20
Expiration Date: upon completion of project
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C.19
Total Dollar Value of Contract: $39,150.00
Total Cost to County: $39,150.00
Current Year Portion: $23,490.00
Budgeted: Yes
Source of Funds: 314-26008-CP1501
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: no If yes, amount:
Grant: no
County Match: n/a
Insurance Required: Yes
Additional Details: Total cost of original contract plus this amendment is $306,150.00
314-26008-560620-CP1501-530310
08/19/20 314-26008 - CAPITAL OUTLAY BUILDING $39,150.00
CP1501
REVIEWED BY:
Cary Knight Completed 07/31/2020 3:37 PM
Kevin Wilson Completed 07/31/2020 5:05 PM
Joseph DiNovo Completed 08/03/2020 10:29 AM
Purchasing Completed 08/03/2020 11:46 AM
Budget and Finance Completed 08/03/2020 12:26 PM
Maria Slavik Completed 08/03/2020 1:58 PM
Kathy Peters Completed 08/03/2020 2:57 PM
Board of County Commissioners Pending 08/19/2020 9:00 AM
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C.19.a
FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
FOR THE DESIGN THROUGH CONSTRUCTION ADMINISTRATION
OF A NEW FIRE STATION ON CUDJOE KEY, MONROE COUNTY, FLORIDA
In accordance with the Agreement for Professional Services, hereinafter referred to as the
"Agreement", made and entered into on June 15, 2016 between MONROE COUNTY, hereinafter
referred to as the "County" and CPH, Inc., hereinafter referred to as "Consultant", the parties enter
into this Amendment for additional services.
All terms and conditions of the Agreement apply to this Amendment,unless this Amendment amends
adds, or modifies a provision or an Article of the Agreement of which will be specifically referenced c
in this Amendment and the amendment, addition, or modification shall be precisely described.
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This Task Order Amendment is effective on the 1911 day of August 2020.
WHEREAS, the parties entered into to an Agreement for Professional Services for Design through
Construction Administration of the Cudjoe Key Fire Station on June 15, 2016; and
WHEREAS,the County requires additional Design and Construction Administration Services, above
and beyond the scope of services included in the Agreement,to review construction progress,respond
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to requests for information, review of submittals and review of proposed design changes from the U
County and its contractor. c
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the .E
parties agree as follows:
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1. In accordance with Article II, SCOPE OF BASIC SERVICES, of the Agreement, the e�,
Consultant will perform services as described below:
i. Task 1. For a period of five (5) months from the effective date of this amendment, the
Consultant shall attend weekly conference calls,respond to requests for information(RFI),
review and respond to material submittals and shop drawings.
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ii. Task 2. The Consultant's Architect will attend up to five (5) on-site meetings to review
construction progress and quality. CL
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iii. Task 3. The Consultant's Mechanical, Electrical and Plumbing (MEP) Engineer will
attend up to five (5) on-site meetings to review construction progress and quality. E
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DELIVERABLES
i. Telephone consultation and written responses to RFIs, submittals and shop drawings.
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ii. On-site meetings of the Consultant's Architect for up to four (4) hours each. Written
report of observations and recommendations.
iii. On-site meetings of the Consultant's MEP Engineer for up to four(4)hours each. Written
report of observations and recommendations.
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C.19.a
COUNTY RESPONSIBILITY
The County's Responsibility is outlined in Article IV of the Agreement. County shall provide
access to property if required.
2. In accordance with Article VII,paragraph 7.1.1 of the Agreement, the County shall pay the
Consultant for services rendered in an amount not to exceed Thirty Nine Thousand One
Hundred Fifty and 00/100 Dollars ($39,150.00), to be paid on the basis of unit costs per task,
as described above in the Scope of Work, for the following phases:
Taskl Professional Services, Review of RFIs, Submittals, $7 200.00
etc. Up to 5 months at $1,440.00 per month
Task 2 Architect On-Site Visits. Up to 5 total visits at $14 500.00
$2,900.00 each
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Task 3 MEP Engineer On-Site Visits. Up to 5 total visits $14 150.00
at $2,830.00 each
Ex Reimbursable Expenses: Allowable travel $3 300.00
p" expenses re-a roved b County. Not to Exceed:
Total Project Fees $39,150.00 .�
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3. Attachment B - Hourly Rates, of the Agreement is revised and hereby replaced by CL
Attachment A included in this Amendment. U
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All other terms and conditions of the Agreement remain unchanged and in full force and effect. a
IN WITNESS WHEREOF, each party caused this Amendment to be executed by its duly authorized
representative. Execution by the Consultant must be by a person with authority to bind the entity. et
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor/Chairman
MC)lNRO'E CUUNTY ATTORN-El"S.OFFFCE
APPROVED AS TO FCDRM
Dater r
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',STA3VT COUNTY ATTORNEY
eaa 7-27-7070 _..._,
(Seal) CONSULTANT: CPH, INC.
Attest:
By: By:
Printed Name: Printed Name:
Title: Title:
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C.19.a
Attachment A
Hourly Rates
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C.19.a
Rates Reimbursables
CategoryCPH Standard Rates CPH Standard Rates
Category Rate
Principal $190 Principal Landscape Architect $170
Senior Project Manager $180 Senior Landscape Architect $140
Project Manager $160 Landscape Architect $105
Senior Project Engineer $140 Senior Landscape Designer $100
Project Engineer $120 Landscape Designer $85 )
Principal Traffic Engineer $180 Project Coordinator $90 -
Senior Traffic Engineer $135
Traffic Engineer $120 Senior Project Designer $135
Traffic Analyst $115 Project Designer $115
Senior Design Technician $105
Principal Environmental Scientist $175 Design Technician $95
Senior Environmental Scientist $135 CADD Technician $75
Lead Environmental Scientist $105
Environmental Scientist $95 Administrative $75
GIS Analyst $105 Clerical $60
Arborist $125 Network Admin. I $80
Principal Planner $170 Senior Construction Manager $120
Senior Planner $140 Construction Manager $105
Planner $100 Construction Field Representative II $110 CL
Construction Field Representative 1 $80 U
Principal Architect $180
Senior Architect $160 Principal Surveyor $170
Architect _ $135 Senior Professional Surveyor $130
Senior Architectural Manager $130 Professional Surveyor and Mapper $125
Senior Architectural Designer $120 Field Technician/Designer $105
Architectural Designer $105 Surveyor in Training $100
Interior Designer $115 Survey Project Manager/CADD $120
Architectural Coordinator $85 Field Crew Coordinator $110
Survey Party Chief $85
Principal Structural Engineer $180 Survey Instrument Man $70
Senior Structural Engineer $150 Senior Survey CADD Technician $110
Structural Engineer $120 Survey CADD Technician $75
Survey Crew 2 Man $155
Principal MEP Engineer $180 Survey Crew Construction Staking-2 Man $180
Senior MEP Project Engineer $155 Survey Crew 3 Man $225 (n
MEP Project Engineer $125 GPS 1 Man)/Robotics $145
GPS 2 Man $180
Senior Graphic Designer 1 $140 1 Man Scanner/Laser Survey Crew $265
Graphic Designer $80 2 Man Scanner/Laser Survey Crew $290 CL
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Schedule of Reimbursable Charges
Copies(IB&W) Plots(Bsw)
8.5 x 11 $0.05 Each 11 X 17 $0.21 Each
8.5 x 14 $0.10 Each 12 X 18 $0.24 Each ¢
11 x 17 $0.20 Each 15 X 21 $0.35 Each
34 X 22 $0.83 Each
Copies(Color) 24 X 36 $0.96 Each
8.5 x 11 $0.25 Each 30 X 42 $1.42 Each 0)
8.5 x 14 $0.30 Each 36 X 48 $1.92 Each
11 x 17 $0.35 Each U
Mylars Plots(Color/Bond)
24 x 36 $9.00 Each 24 x 36 $24.00 Each
32 x 42 $13.00 Each 30 x 42 $35.00 Each
36 x 48 $48.00 Each
cph
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AGREEMENT FOR PROFESSIONAL SERVICES
FOR THE DESIGN THROUGH CONSTRUCTION ADMINISTRATION
OF A NEW FIRE STATION ON CUDJOE KEY, MONROE COUNTY, FLORIDA
This Professional Services Agreement ("Agreement") is made and entered into this 159' day of
June. 201 , 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 CPH, Inc., a Florida Corporation, whose address is 1992 SW 1` Street, Miami, FL
33135 its successors and assigns, hereinafter referred to as "CONSULTANT",
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WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for all
phases of the Cudjoe Fire Station project to include Pre-Design Phase/Programming, Schematic
Design, Design Development, Construction Documents Phase, Bidding and Permittting, and
Construction Administration; and N
WHEREAS, CONSULTANT has agreed to provide professional services which shall include
but not be limited to providing concepts, construction drawings and specifications, all documents
required to submit for and secure all permits necessary to complete the project and hold a
minimum of two informational hearings with the public and monthly project meetings with the
tenants for the Cudjoe Fire Station project referred to as the "Project";
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements E
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONSULTANT agree as follows:
ARTICLE 1 cg
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1.1 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONSULTANT makes the following express representations and
warranties to the COUNTY: LU
1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations 2
necessary to act as CONSULTANT for the Project until the CONSULTANT's duties
hereunder have been fully satisfied. ca
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 documentation required by this Agreement in such a
manner that they shall be accurate, coordinated and adequate for use in verifying work
completed and 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
Agreement will be adequate and sufficient to document costs in a manner that is acceptable
for reimbursement by government agencies, therefore eliminating any additional cost due to
missing or incorrect information.
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.
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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 2
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 BOCC _
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 BOCC. No statement contained in this agreement
shall be construed so as to find the CONSULTANT or any of his/her employees, 2
contractors, servants, or agents to be employees of the BOCC.
1.1.7 The CONSULTANT shall provide an approved schedule for Schematic and Document
design Phases. Any deviation from the approved schedule must be approved in writing by
Monroe County Project Management
ARTICLE II
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SCOPE OF BASIC SERVICES
2.1 DEFINITION
CONSULTANT's Scope of Basic Services consists of those described in Attachment "A."
The CONSULTANT shall commence work on the services provided for in this Agreement
promptly upon his receipt of a written Notice to Proceed from the COUNTY.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
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The CONSULTANT shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its sub-
consultants, or both.
2.3 NOTICE 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 U
be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail,
return receipt requested, to the following:
Doug Sposito
Monroe County Director of Project Management CL
1100 Simonton Street, Room 2-216
Key West, Florida 33040
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
For the Consultant:
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Imp I
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C.19.b
Todd H. Hendrix P.E. CGC
CPH, Inc.
1992 SW 1 s1 Street 2
Miami, FL 33135
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ARTICLE III
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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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3.2 If Additional Services are required other than those listed in paragraph 3.3, 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. c
3.3 Additional services to be considered as part of this Agreement are described as follows:
1. Site Plan Review.
2. Civil Engineering.
3. Landscaping.
4. FDOT Review.
5. Florida Green Build.
3.4 COUNTY shall be responsible for all survey services for the project including boundary,
ALTA, tree, utility, etc. LO
ARTICLE IV
COUNTY'S RESPONSIBILITIES ,
4.1 The COUNTY shall provide full information regarding requirements for the Project including
physical location of work, county maintained roads, maps. 0
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect .N
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.
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4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its sub-
consultants 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. )
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4.6 The COUNTY shall provide copies of necessary documents required to complete the work.
4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has
immediate access to will be provided as requested.
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ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless
COUNTY/Monroe County and the BOCC, 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 intentionally 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 COUNTY from all losses occurring thereby and shall further defend any claim or LO
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 0
COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further
defend any claims or action on the COUNTY's behalf. N
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.
ARTICLE VI
PERSONNEL
6.1 PERSONNEL
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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:
NAME FUNCTION
Todd H. Hendrix, P.E., CGC Principal-in-Charge 2
Christopher P. Collins, P.E. Principal-in-Charge/Project Manager
John A. Baer, AIA, NCARB, LEED AP, BD+C, GGP Deputy Project Manager/Architect
Victor Tan, AIA, NCARB Project Architect
Ismail liker Uzun, AIA, LEED AP BD+C Project Architect
Jason L. James, P.E. Project Engineer
Gerald M. Cox, CGC, CUC Cost Estimator
Thomas J. Galloway, PSM Project Surveyor
James K.Winter, RLA, CLARB Landscape Architect 0
So long as the individuals named above remain actively employed or retained by the N
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.
ARTICLE VII
COMPENSATION
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for a percent complete
of each phase of the CONSULTANT's performance of this Agreement based on a schedule
of values provided by the CONSULTANT as follows: �.
Civil Engineering Services: LO
• Programming $23,950.00
• Basis of Design $14,200.00
• Schematic Design $13,000.00
• Design Development $21,000.00
• Construction Documents $16,500.00
• Permitting $29,500.00 2
• Construction Administration $8,000.00
Total $126,150.00 ca
Architectural Services:
• Schematic Design $15,650.00
• Design Development $34,000.00
• Construction Documents $37,000.00
• Permitting $4,500.00
• Construction Administration 120,000.00
Total $111,150.00
Landscape Architecture:
• Tree Protection and Mitigation Plan $1,500.00
• Preliminary Landscape Plan $3,500.00
• Public Meeting Renderings $1,800.00
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C.19.b
• Final Landscape Plan $2,800.00
• Irrigation Plan 2 600.00
Total $12,200.00
Traffic Engineering:
• Methodology Statement $1,000.00 2
• 3`d Party Data Collection $2,000.00
• Traffic Impact Study 4 000.00
Total $7,000.00
Environmental:
• Environmental Designation Survey $3,500.00
Geotechnical:
• Geotechnical Survey $7,000.00
Total of all phases $267,000.00
Proper documentation of all reimbursable expenses must be submitted and approved by
the Clerk of the Court for the expense to be compensable and reimbursement to be processed and
issued.
An adjustment will be made in Consultant Fee percentage and for actual construction costs
at the end of the project based upon the State of Florida Department on Management
Services Design Professional Fee Guidelines.
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 theLO
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;
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(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 and reimbursable expenses due hereunder. 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 at the COUNTY may require.
7.3 REIMBURSABLE EXPENSES
a. Fees paid for securing approval of authorities having jurisdiction over the project,
including application, permitting, and filing fees.
b. The cost of additional signed and sealed drawings beyond the amount required In
Attachment"A", if ordered in writing by the COUNTY.
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7.4 BUDGET
7.4.1 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 BOCC.
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7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the BOCC and the approval of the Board members at the time
of contract initiation and its duration.
ARTICLE Vill 2
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 business in the State of Florida and that has an agent for
service of process within the State of Florida. All insurance policies must specify that they
are not subject to cancellation, non-renewal, material change, or reduction in coverage
unless a minimum of thirty(30) days prior notification is given to the County by the insurer.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation. In
addition, the COUNTY will be named as an Additional Insured and Loss Payee on all LO
policies covering County-owned property.
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 $100,000.00 per Accident, $500,000.00
Disease, policy limits, $100,000.00 Disease each employee. Coverage shall be
maintained throughout the entire term of the contract. Coverage shall be provided by a
company or companies authorized to transact business in the state of Florida. If the
Consultant has been approved by the Florida's Department of Labor, as an authorized
self-insurer, the County shall recognize and honor the Consultant's status. The
Consultant may be required to submit a Letter of Authorization issued by the
Department of Labor and a certificate of Insurance, providing details on the Consultant's
Excess Insurance Program. 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.
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-
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owned vehicles, with $100,000.00 combined single limit. If split limits are provided, the
minimum limits acceptable shall be $50,000.00 per person, $100,000.00 per
occurrence, and $25,000.00 property damage. The Monroe County Board of County
Commissioners shall be named as additional insured on all policies issued.
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 sub-consultants, including Premises and/or Operations, Products and
Completed Operations, Independent Contractors; and a Blanket Contractual Liability
Endorsement. The minimum limits acceptable shall be $500,000.00 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 12 months following the termination or
expiration of this contract. The Monroe County Board of County Commissioners shall
be named as additional insured on all policies issued to satisfy the above requirements.
E. Errors and Omissions liability insurance of $500,000.00 per occurrence and
$1,000,000.00 annual aggregate. CONSULTANT shall purchase and maintain,
throughout the life of the contract, Engineers Errors and Omissions Liability Insurance
which will respond to damages resulting from any claim arising out of the performance
of professional services or any error or omission of the CONSULTANT arising out of
work governed by this contract. This Insurance will be maintained in force for a period
of two years after the date of Substantial Completion of the Project.
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. LO
G. CONSULTANT shall require its sub-consultants 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 sub-consultants.
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. CL
ARTICLE IX
MISCELLANEOUS
9.1 SECTION HEADINGS
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.
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9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The Drawings, Specifications and other documents prepared by the CONSULTANT for this
project are instruments of the CONSULTANT's service for use solely with respect to this
project. The CONSULTANT shall be deemed the author of these documents and shall )
retain all common law, statutory and other reserved rights. CONSULTANT's Drawings,
Specifications and other documents shall not be used by the COUNTYor others on other
projects, except by agreement in writing. The CONSULTANT's Drawings and
Specifications, and other documents, may be used for completion of this project by others.
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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
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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.
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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. 2
9.6 CONTRACT DOCUMENTS
This contract consists of the Request for Qualifications, any addenda, this Agreement, the
CONSULTANT's response to the RFQ, the documents referred to in the Form of
Agreement as a part of this Agreement, and any attachments, and modifications made
after execution by written amendment. In the event of any conflict between any of theCL
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
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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. )
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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.
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In addition to the foregoing, CONSULTANT further represents that there has been no 2
determination, based on an audit, that it or any sub-consultant 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 CONSULTANT has been placed on the
convicted vendor list.
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CONSULTANT will promptly notify the COUNTY if it or any subcontractor or sub-
consultant is formally charged with an act defined as a "public entity crime" or has
been placed on the convicted vendor list.
9.8 PUBLIC RECORDS COMPLIANCE
CONSULTANT 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 CONSULTANT 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, LO
and made or received by the County and CONSULTANT 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 CONSULTANT. Failure of the
CONSULTANT 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 and costs associated with that proceeding.This provision shall survive
any termination or expiration of the contract. c
The CONSULTANT is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONSULTANT a
is required to:
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(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
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duration of the contract term and following completion of the contract if the CONSULTANT
does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the CONSULTANT or keep and maintain public records that would be
required by the County to perform the service. If the CONSULTANT transfers all public
records to the County upon completion of the contract, the CONSULTANT shall destroy 2
any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the CONSULTANT keeps and maintains public
records upon completion of the contract, the CONSULTANT shall meet all applicable ca
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 0
made directly to the County, but if the County does not possess the requested records, the
County shall immediately notify the CONSULTANT of the request, and the CONSULTANT
must provide the records to the County or allow the records to be inspected or copied within
a reasonable time.
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If the CONSULTANT does not comply with the County's request for records, the County
shall enforce the public records contract provisions in accordance with the contract, E
notwithstanding the County's option and right to unilaterally cancel this contract upon
violation of this provision by the CONSULTANT. A CONSULTANT 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 section119.10, Florida Statutes.
The CONSULTANT shall not transfer custody, release, alter, destroy or otherwise dispose
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of any public records unless or otherwise provided in this provision or as otherwise provided
by law.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119
FLORIDA STATUTES TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT CONTACT THE CUSTODIAN OF PUBLIC RECORDS BRIIAN
BRADLEY AT PHONE# 3 *- 9 -3470 DRADLEY- RIAN MONROECOUNTY-FL.Gt V
MONROE COUh1TY ATTORNEY'S O FICE 1111 12TH S ee SUITE 40$ KEY WEST FL
33040.
9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
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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 161h 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.
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9.10 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.
9.11 ATTORNEY'S FEES AND COSTS
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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, and court costs, as an award against the non-prevailing party, and shall CL
include attorney's fees, and courts costs in appellate proceedings.
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9.12 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.
9.13 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and LO
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
9.14 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 0
by each party prior to submission.
9.15 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.
9.16 COOPERATION
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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.
9.17 NONDISCRIMINATION
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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 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, CL
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). c
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 LO
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 LU
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.
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9.18 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 CL
recited in this Agreement.
9.19 CODE OF ETHICS E
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
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of public position, conflicting employment or contractual relationship; and disclosure or use
of certain information.
9.20 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 shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or otherwise 2
recover, the full amount of such fee, commission, percentage, gift, or consideration.
9.21 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, c
nor shall any contract entered into by the COUNTY be required to contain any provision for
waiver.
9.22 PRIVILEGES AND IMMUNITIES E
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 theLO
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.
9.23 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 .N
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.
9.24 NON-RELIANCE BY NON-PARTIES E
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 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
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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.
9.25 ATTESTATIONS AND TRUTH IN NEGOTIATION
2
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.
9.26 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 c
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.
9.27 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 LO
counterpart.
9.28 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the LU
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 c
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 .N
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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK E
SIGNATURE PAGE TO FOLLOW
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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.
BOARD OF COUNTY COMMISSIONERS
`ILIN, Clerk OF MONROE C UN FLORIDA
2
By:
t Mayor/Chairman
®
Date: / ®` _ "Date- (a
(Seal) CONSULTANT
Attest CPH, INC.
y ... M-
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Title: s" S:' /'� ; .. c
r
Date, ` E
STATE OF FLO IDA E
COUNTY OF
On this day 0 20_, before me, the undersigned notary public, persori ally e
appeared nown to me to be the person whose name is subscribed
abov r wh produced as identification, a acknowledged
at she is the person who executed the above contract with Monroe County for the Cudjoe Fire LO
Stat ,for the purposes therein contained.
s Oftca
Not P Iic 'E'•. DIANA G.GREENE
Notary Public-state of Florida
My = � M Expires Aug 16.2010
Print Name
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MONROE COUNTY ATTORNEY MONROE COUNTY ATTORNEY
APPROVE AS TO FORM APPR VEI3 AS TO FORM
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C;kIR15 AMR OSIO T._ CHRIS AMBROSIO
ASSIST TT COUNTY ATTORNEY AS ISTANT COUNTY ATTORNEY E
Date' ' ` �� Date
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ATTACHMENT A
SCOPE OF BASIC SERVICES
2.0 Scope: Monroe County Project Management requests the Design firm provide a lump 2
sum cost, including any Reimbursable Expenses and Additional Services necessary for the
completion of the project. These costs shall be line-itemed. 2
Such additional costs shall include but not be limited to:
Site Plan Review
0
-Civil Engineering
Landscaping
•FDOT review
-Florida Green Build
2.0.1 Professional services shall include, but not be limited to: Holding and conducting
informational hearings with the public and relevant agencies, holding monthly progress meetings c
with the tenants and Monroe County Project Management staff. Preparation and completion of the
design Program (See 2.0.6-2.0.9) for conceptual site plan, parking, vehicular access, space
requirements and relationships, schematic design, acoustical Fire Station design, ADA compatible
design for interiors and exteriors, site plan review, FDOT review, design development, preparation
of contract documents for bidding, scope of work, tabulations and review of bids, recommendation
of contract award, cost estimating during design and document preparation, administration of
contract documents, consultation and onsite observations during construction, process shop --
drawings, recommend approval of contractor invoices, preparation of all construction documents
required to submit for and secure all permits necessary to complete the, zoning applications, LO
public presentations and presentations to the County Commission.
2.0.2 The purpose of the Consultants professional observations shall be to determine the quality LU
and quantity of the work in comparison with the requirements of the Construction Contract. In LU
making such observations, the CONSULTANT shall protect the Owner from continuing deficient or
defective work, from continuing unexcused delays in the schedule and from overpayment to the
Contractor. Following each-observation, the CONSULTANT shall submit a written report of such
observation, together with any appropriate comments or recommendations to the Owner.
a
2.0.3 The design shall include, but shall not necessarily be limited to, plans and specifications
which describe all systems, elements, details, components, materials, equipment, and other
information necessary to bid the project. The design shall be accurate, coordinated and in all '
respects adequate for construction and shall be in conformity, and comply, with all applicable law, CL
codes, permits, and regulations. Products, equipment and materials specified for use shall be
readily available unless written authorization to the contrary is given by the County.
2.0.4 The design will provide site boundary selection and definition within the survey provided by
Monroe County, Fire Station Spaces, Educational Spaces, Parking and Landscape.
2.0.5 The building will meet or exceed Florida Green Building Coalition (FGBC)standards and
meet requirements for minimum certification by the FGBC.
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2.0.6 Beginning with the Pre-Design phase and continuing until the project as-built's are
complete; the Consultant with Input from the Tenants and Monroe County Project Management
shall develop and periodically update an Owner's Project Requirements (OPR) document and a
Basis of Design (BOD)document. These two documents together shall constitute the Program and
provide a complete description of the project's design intent. They may be submitted for Owner's
review as two separate sections of one design intent document. 2
The OPR is an inclusive, detailed description of Monroe County and its Tenants goals and
requirements for the project, and Monroe County's expectations on how the project will be used
and operated. ca
0
The BOD is an inclusive, detailed description of the Design Team's concepts, assumptions,
calculations, decisions, product selections and operating conditions to meet the Owner's project
requirements and to satisfy applicable codes, standards and guidelines. It shall be formatted to
coordinate with and respond to the OPR.
These two documents will be benchmarks by which the completeness, adequacy and acceptability
of the project will be judged. They will be the standards by which the project will be commissioned.
They will answer Owner questions after occupancy, and they will be the foundation for
maintenance programs and future renovation projects.
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2.0.7 The OPR shall include at least the following information:
a. Summary description of the building (functions of building, high or low rise, use and
occupancy classifications, anticipated hours of operation, etc.).
b. Project goals, assumptions, and known limitations.
c. Building and site accessibility, architectural, landscaping and aesthetics goals.
d. Building and site flexibility and expandability requirements (spare capacities, hurricane --
survivability, reliability, redundancy, back-up power and utilities, etc.).
e. Operational assumptions (maximum occupancy on a room-by-room and aggregate basis), LO
occupancy schedules, special activities, building diversity, potential future uses, potential
future renovations, etc.).
f. Building envelope performance criteria.
g. Environmental and sustainability goals. LU
h. Energy and water conservation goals.
i. Indoor services and technology requirements (Fire Station, environmental room conditions,
furniture, communications, data, security, card access control, audio/visual, acoustical etc.).
j. Space-by-space design requirements (temperature, humidity, air change rates, room
pressurization, sound level limits, light levels, glare limits, vibration criteria, EMF shielding,
etc.).
k. Space-by-space equipment heat/cool loads and utility needs (water, gases, power, data,
grounding, security etc.). '
I. Anticipated types, classifications, and quantities of hazardous materials to be contained CL
within the building.
m. Architectural, mechanical and electrical systems operation and maintenance expectations.
n. HVAC, lighting and audio/visual controls expectations.
o. Summary of sole-sourced systems and equipment.
p. Summary of Owner-furnished and Owner-installed equipment.
q. Occupant and Maintenance training requirements.
r. Project schedule.
s. Project budget. Monroe County Project Manager will determine whether budget information
should be included in the OPR or provided separately.
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2.0.8 The BOD shall Include at least the following information:
a. Project background required to understand the design, including goals, requirements and
decisions which significantly affect the design.
b. Regulatory, site, schedule and budget limitations which affect the design.
c. Codes, standards and guidelines applicable to the project.
d. Code analysis describing code requirements specific to the project, e.g. security systems,
ADA accessibility, special fire protection requirements, etc.
e. Requirements of governing agencies (City, State, Monroe County, etc.).
f. Climate, site, and utilities information.
g. Architectural, mechanical and electrical systems descriptions (construction classifications,
design loads, fire separations, base and spare capacities, redundancy, flexibility, back-up
power, sub-metering, etc.).
h. Outdoor summer and hurricane design conditions.
I. Design assumptions (occupancy schedules, temperature, humidity, air change rates, room
pressurization, sound level limits, light levels, glare limits, vibration criteria, EMF shielding,
heat loads,water, gases, power, data, grounding, hazardous materials being stored, etc. for CL
spaces not indicated in the OPR.
j. Systems and equipment sequences of operation. c
k. Load calculations descriptions, including assumptions, software used, etc.
I. Architectural, mechanical and electrical systems operation and maintenance requirements.
m. Appendices
• Documentation of Energy and Water Conservation. E
• Energy Impact Statement.
• Soils and utility services reports.
• Building load calculations. W
• Systems and equipment sizing calculations.
• Light level and watts/square foot calculations. LO
• Effluent, dispersion. noise, vibration, and other studies.
2.0.9 Development and UpdatingLU
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Develop the OPR and BOD by expanding the project's program and design concept report. Update
them as the project goals and requirements are defined and clarified. Submit them at the end of
the Schematic Design, Design Development and Construction Document phases along with the
other Design Deliverables. Submit a final BOD after Project Award and after incorporation of the U
bid alternates. Each update shall incorporate new and revised project Information including:
• Progress in project design.
• Changes in project goals.
• Changes in project scope.
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• Code interpretations. ca
• Input from Tenants, Construction Managers and Contractors.
• Input from Monroe County Facilities Maintenance, Department of Public Safety,
FDOT, etc.
• Architectural, mechanical and electrical design coordination meetings.
• Value engineering sessions.
• Test reports on existing conditions.
• Design calculations.
• Equipment selections.
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• The final power system short circuit, protective device coordination and arc flash
hazard study including the electronic data file for long term updating by the Owner.
• Energy and water conservation calculations and modeling.
• Sound, effluent, dispersion, CFD, vibration, and other Acoustic,studies.
• Bid Alternates and Owner's Options.
• A list of all design deviations from Monroe County Project Management Design 2
requirements.
• A list of all uncompleted Facility Assessment Report items (if any)within the project
boundary.
2.1 DEFINITION OF BASIC SERVICES
2.1.1 CONSULTANT's Basic Services consist of those described in Paragraphs 3.2 through 3.8,
and other services identified as part of Basic Services, and include normal architectural, structural, 0
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,
CL
and other information necessary for construction. The Design for Construction shall be accurate,
coordinated and in all respects adequate for construction and shall be in conformity, and comply,
with all applicable law, codes, permits, and regulations. Products, equipment and materials
specified for use shall be readily available unless written authorization to the contrary is given by
the Owner.
2.1.3 The CONSULTANT will hold bi-weekly Progress meetings in Marathon at Fire Department
Head Quarters for the duration of the contract, unless otherwise agreed to in writing by Monroe
County Engineering, and take meeting notes. Copies of these notes will be provided to the County W
in a timely manner.
LO
2.1.4 If Construction costs exceed the CONSULTANT estimate by more than 10% the
CONSULTANT will revise all drawing and specifications at no additional charge to the County.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The CONSULTANT shall review the Program, schedule and construction budget furnished
by the Owner to ascertain the requirements of the Project and each of the tenants and shall arrive
at a mutual understanding of such requirements with the Owner.
U
2.2.2 The CONSULTANT shall review with the Owner and Monroe County's Project Management
Department proposed site use and improvements, required permits, zoning, selection of materials,
building systems and equipment, spaces, sustainable systems, and method of Project delivery. ,
2.2.3 The CONSULTANT shall review with the Owner and Monroe County's Project Management
Department alternative approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget
requirements, the CONSULTANT shall prepare, for approval by the Owner, Schematic Design
Documents consisting of drawings and other documents illustrating the scale and relationship of
Project components.
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C.19.b
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 After completion of the 25% Schematic Design Phase the CONSULTANT will hold an
Informational meeting with the public explaining the conceptual site layout and design progress, 2
answer questions and address concerns.
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2.2.7 After completion of the 75% Schematic Design Phase the CONSULTANT will hold an
informational meeting with the Tenants explaining the final conceptual site layout and design U
progress, answer questions and address concerns.
2.2.8 Upon completion of the Schematic Design Phase, the CONSULTANT shall provide 2
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.
2.2.9 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 as billed as a reimbursable expense if that service is
performed by additional consultants after the Owner's written approval. --
The CONSULTANT shall perform the following design phase tasks: LO
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, y
special mechanical systems, process systems, and general space requirements.
C. Electrical Design/Documentation services during the Schematic Design Phase
consisting of consideration of alternate systems, recommendations regarding basic
electrical materials, systems and equipment, analyses, and development of
conceptual design solutions for: power service and distribution, lighting, telephones,
fire detection and alarms, security systems, electronic communications, special
electrical systems, and general space requirements.
d. Technology Systems Design/Documentation services during the Schematic Design
Phase consisting of consideration of alternate systems, recommendations regarding
basic IT materials, systems and equipment, analyses, and development of
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conceptual design solutions for audio distribution, video/data, a/v case work
security system devices, cable trays and in-floor distribution systems
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G. Civil Design/Documentation services during the Schematic Design Phase consisting
of consideration of alternate materials and systems and development of conceptual U)
design solutions for on-site utility systems, off-site utilities work, fire protection 2
systems, drainage systems, sewage treatment, and paving. U_
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f. Acoustical Design/Documentation services during the Schematic Design Phase
consisting of consideration of alternate materials, systems and equipment, and
development of conceptual design solutions for: volumes of spaces; dimensions; 0
location of spaces and their adjacencies; structural concerns; mechanical equipment
locations and guidelines; and a brief outline of major partition types, special floor or
ceiling assemblies, area requirements for variable acoustic elements, identification 0
of need and budget for Fire Station enclosure, and other items that may affect the
budget in an extraordinary way. A schematic audio systems description and an
installed-systems cost estimate for various options.
9. The Consultant will hold two informational meetings with the public explaining the
conceptual site layout and design progress, answer questions and address 0
concerns.
2.4 DESIGN DEVELOPMENT/DOCUMENT PHASE E
2.4.1 Based on the approved Schematic Design Documents and any adjustments authorized by E
the Owner in the program, schedule or construction budget, the CONSULTANT shall prepare
Design Development Documents for the Project Manager's review and the Owner's approval. The
Design Development Documents shall consist of drawings and other documents that establish and
describe the size and character of the Project as to architectural/engineering, structural,
mechanical and electrical systems, materials and such other elements as may be appropriate. LO
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 LU
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design development for the Owner's review and the Monroe County's Project Management W
I
Department's information. The CONSULTANT shall provide an estimate of anticipated cost In
U
accordance with the design development phase. 2
2.4.3 Upon completion of the Design Development Phase, the CONSULTANT shall provide 0
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 Hold Public information hearing on final site and floor design development.
2.4.5 The Design Development Documents must be approved In writing, by the Owner prior to
CONSULTANT continuing to the Construction Documents Phase. E
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.
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C.19.b
9
2.5.1 Floor Plans — This consists of general plans, overall coordinating plans, and plan
enlargements for important and special areas. Data required:
a. Building perimeter(footprint)and exterior wall type, thickness and composition.
b. Structural grid or system.
C. Major mechanical/electrical systems determined and their 2
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.
1. Acoustical penetrations, adjustable systems, layout of spaces.
j. Built-in furniture Items — special furniture and equipment (early clarification of
what is"NIC"and "by owner").
k. Larger scale (e.g., '/4 ))). Key areas, lobby, entries, public plaza, major corridors,
special spaces, etc. Required: All surfaces (floor, wall, and ceiling treatments),
furniture indication, and layout.
I. Evacuation routes identified (to include locating necessary posting of evacuation CL
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, LO
etc.) properly selected by adequate technical investigation.
2.5.3 Sections LU
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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).
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.................... . ..
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).
.2
9- Built-in furniture items, receptions, desks, work tops, counters, cabinet types,
display cases, recesses,wardrobes, millwork, etc.
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2
2.5.5 Interior Elevations—Typical and special spaces, interfaced with, and cross-referenced to, U_
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floor and reflected ceiling plans. Indicate: 0
a. Breaks. ca
b. Level changes. 0
C. Pertinent vertical dimensions.
2.5.6 Reflected Ceiling Plans—Typical and special space. Integrated plans reflecting structural,
0
mechanical, and electrical Impacts. Plans to Indicate:
a. Lighting layouts.
b. Soffits, coves, furrings.
C. Skylight locations.
d. Ceiling materials. 0
a. Acoustic treatments.
f. Heating and ventilating register, diffuser locations.
9. Sprinklers. E
h. Access panels.
E
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. LO
C. Preliminary hardware.
d. Windows/glazing.
e. Acoustic Elements.
X
2.5.8 Specifications — Comprehensive, abbreviated methods, materials and systems
U
descriptions in tune with drawings. Use CSI format with applicable section numbers. 2
Include all consultant portions as well as those special supplementary conditions specific to
0
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, E
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
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C.19.b
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 2
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) Boller/heater
spaces (include clear height requirements), (2) Transformer vaults (approved
obtained from local utility company), (3) Switchgear, emergency generator, water CL
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. --
3. Cuts and explanatory information for interior visual items such as: louvers,
registers, heating/cooling units, and cabinets. LO
4. Exterior louver requirements and proposed locations.
2.5.12 Site Design Development Set
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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. �i
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. Location of secure staff parking.
j. Location and pathways for prisoner loading and transfer.
k. Plant materials (indication and preliminary schedule).
Ij. Design development details: railings, stairs, ramps, paving types and patterns,
kiosks, benches, light standards, others.
M. Design development specifications.
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n. Any necessary adjustments to the preliminary estate of construction cost.
2.5.13 Acoustical Design Development Sets
1. Room Acoustics
a. Determine adjustable/permanent acoustic material and locations
b. Discuss room finish options. 2
c. Provide layouts for all spaces.
2. Sound Isolation
a. Provide partition details.
b. Provide acoustic door,window, floating floors, wall and ceiling details.
c. Provide intersection details.
3. Noise and Vibration control
a. Review mechanical duct and pipe distribution and sizes.
b. Provide penetration details.
c. Address potential Problematic Reflections and Echoes in all Spaces.
4. Audio Systems
a. Provide preliminary locations, models and sizes of audio system speakers.
b. Provide preliminary locations, models and sizes of directional microphones.
c. Refine audio systems budget.
0
2.5.14 Technology Systems Development Sets.
(Do not duplicate technology components on to the electrical drawings place only on the
technology drawings. For example, electrical conduit for voice/data cabling should not be shown on
the electrical drawings.)
1. Equipment
a. Show all audio distribution and video/data/polycomm projection equipment.
b. Show all a/v casework, schedules, mounting heights, and riser details. --
c. Show all security system devices. Coordinate closely with architectural door/frame
and hardware. LO
d. Security access control risers, panels and controller equipment.
e. Sound masking and intercom/paging risers, panels and controller equipment.
f. Details including terminations, equipment elevations and typicals.
g. Location of all devices and outlets (voice, data, fax, modem).
h, For each drop there should be at least two 26thernet connections (preferably four).
I. Intermediate Distribution Frames, Main Distribution Frames.
j. Data rooms on each floor with fiber between them.
k. Provide Lighting Protection.
2. Pathways
a, Technology pathways, including cable trays, in-floor distribution systems, etc.
b. Telecommunications voice and data risers. '
c. Show all racks, patch panels and layouts.
d, Diagrammatic IT/communications/security plans. U
e. Provide Spare conduits with pull strings.
f. Fiber runs from existing buildings.
2.5.14 limitations — The above list of drawings represents, in general, the requirements of the
Project.
2.6 CONSTRUCTION DOCUMENTS PHASE
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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.
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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 ca
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 (.POF) format. Any and all files used to create the technical specifications
need to be submitted saved as an Adobe Acrobat file (.PDF) format, including but not limited to;
technical sections, reports such as, asbestos, geotechnical, soils, paint, and photographs. The
CONSULTANT shall provide an estimate of anticipated costs in accordance with the construction
development phase.
0
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 0)
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 LO
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 2
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 �i
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, with the assistance of the Monroe County's Project Management CL
Department, shall respond to questions from bidders, and shall issue addenda.
2.7.3 The CONSULTANT shall, on behalf of the Owner, provide all necessary documents
required to secure all permits. Assistance with securing a development approval will be in the form
of providing schematic drawings.
2.7.4 PERMITTING. Upon receipt of the COUNTY's approval of the respective plans listed
above, CONSULTANT will prepare the permit applications and support data for the applicable
regulator agencies, including:
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• Monroe County Building Permit
• FDEP Water Extension
• FDEP Sewer Extension
• FKAA Utility Permit
• FKAA Water Tapping
• FKAA Wastewater 2
• SFWMD No Notice _
• FDOT Driveway Connection c
• FDOT Drainage Connection
• FDOT Utility Permit
• FDOT Acceleration Lane
CONSULTANT shall complete the Monroe County Community Impact Statement in accordance
with County standards as required during permitting.
If during the feasibility phase, any other agencies are identified as required to approve the project,
an amendment to this agreement will be prepared. Unless specifically noted in this contract, no re-
zoning, land use changes, or special use permits are included in this task. CONSULTANT will
coordinate the processing of the applications through the regulatory agencies, Including
attendance at a limimited number of meeting with the agencies that may be necessary to receive
the approval. Within this service are up to two (2) meetings or conference calls with each of the
regulatory agencies, one (1) submittal of the applications and supporting documents, a two (2)
response to agency comments. In order to minimize travel, meetings with multiple agencies will be
scheduled, when possible. Meetings required beyond these will be handled as additional service,
and billed in accordance with hourly rates. Should there be a potential for denial on an application,
the COUNTY will be informed so they may make the appropriate arrangements to retain legal staff e
to address the denial required by the agencies should it occur. COUNTY will be financially
responsible for lany application or filing fee required by the agencies. This task will be performed
and billed as a lump sum service.
LO
Any modifications to the plans requested by the Regulatory Agencies pertaining to the
infrastructure design in the previously mentioned plans, required to meet code, will be addressed
by CONSULTANT as part of these services. Any modifications requested that are not code issues,
or modifications requested by the COUNTY will be addressed as additional services and billed at
the standard hourly rates. Any other permits that may arise during the design or review process,
and not outlined above, will be handled as an additioanll service and billed as a reimbursable
expense.
SUMMARY OF MEETINGS PRIOR TO CONSTRUCTION
CONSULTANT will for the duration of the contract, hold and conduct informational hearings with
the public and relevant agencies, and will hold monthly progress meetings with the tenants and
Monroe County Project Management staff. CONSULTANT will join via conference call if physical
attendance is not necessary.
After completion of the 25% Schematic Design Phase, CONSULTANT will hold an informational �
meeting with the public explaining the conceptual site layout and design progress, answer
questions and address concerns.
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After completlon of the 75% Schematic Design Phase, CONSULTANT will hold an information
meeting with the Tenants explaining the final conceptual site layout and design progress, answer
questions and address concerns.
CONSULTANT will hold two information meetings with the public explaining the conceptual site
layout and design progress, answer questions and address concerns. 2
CONSULTANT will hold a public information hearing on the final site and floor design
development.
For purposes of permitting, CONSULTANT shall attend any necessary County Commissioner
meetings to discuss the project.
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 CL
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 LO
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 observe the work of the Contractor and shall, at a
minimum, observe the work at the Project site twice every month. The purpose of such
observations shall be to determine the quality and quantity of the work in comparison with the
requirements of the Construction Contract. In making such observations, the CONSULTANT shall
protect the Owner from continuing deficient or defective work, from continuing unexcused delays in
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the schedule and from overpayment to the Contractor. Following each observation, the
CONSULTANT shall submit a written report of such observation, together with any appropriate
comments or recommendations to the Owner.
2.8.6 The CONSULTANT shall initially approve periodic and final payments owed to the
Contractor under the Construction Contract predicated upon observations of the work and 2
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 ca
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 CL
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.
LO
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 LU
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 y
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 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.
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2.8.10 The CONSULTANT shall review and sign or take other appropriate action on Change
Orders and Construction Change Directives prepared by the Monroe County's Project
Management Department for the Owner's approval and execution in accordance with the Contract
Documents. CONSULTANT shall take appropriate action within 7 calendar days.
2
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 U
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.
0
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 CL
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 0)
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. --
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2.8.15 Interpretations and decisions of the CONSULTANT shall be consistent with the intent of LO
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
2.8.17 Duties, responsibilities and limitations of authority of the CONSULTANT shall not be
restricted, modified or extended without written agreement of the Owner and CONSULTANT.
2.8.18 The CONSULTANT shall be a representative of and shall advise and consult with the
Owner (1) during construction until final payment to the Contractor is due and (2) as a Basic '
Service at the Owner's direction from time to time during the correction period described in the
Contract for Construction. This advice and consultation shall be limited to verbal comment on
actions of the Owner and shall not necessitate filing of records, forms, or revisions to drawings,
without additional compensation.
2.8.19 The CONSULTANT shall transmit to the Owner all manuals, operating instructions, as-built
plans, warranties, guarantees and other documents and things required by the Construction
Contract and submitted by the Contractor.
Cudjoe Fire Station Page 31
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C.19.b
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, 2
Subcontractors, or their agents or employees, or of any other persons performing portions of the
work. 0
0
2.8.21 The CONSULTANT shall testify in any judicial proceeding concerning the design and U
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
0
certify to the Owner that same are adequate and complete.
2.8.23 The CONSULTANT shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its consultants, or
both.
2.8.24 The CONSULTANT must reimburse the Owner for an increase in the cost of labor or
materials necessary to correct the error, or cost of necessary retrofitting that would not have been --
part of the original design costs paid by the Owner during construction that were incurred as the
result of any omission, deficiency, or conflict in the work product of the CONSULTANT, its LO
consultants, or both. This increased expense is defined as the difference in cost from that which
the Owner would have paid if the work was included in the bid, and the actual cost presented by
the Contractor. LU
2.9 Commissioning
2.9.1 The objective of the Commissioning process is to provide documented confirmation that a
project's mechanical, electrical, and plumbing (MEP), security and life safety systems when
constructed, realize planned performance benchmarks, address Florida Green Building Coalition
and Florida Building Code requirements and that Monroe County Facilities Maintenance staff are
reasonably prepared to operate and maintain its systems and equipment so as to continue to
realize the anticipated performance. '
2.9.2 The CONSULTANT shall assure the COUNTY through Equipment and Systems
Commissioning that all equipment and systems performance achieves facility performance
requirements as set out in the CONSULTANT's design. The Equipment and Systems
Commissioning shall be accomplished through a process of verification and documentation, from
the post-award design phase to Occupancy.
2.9.3 The CONSULTANT shall work with Monroe County Project Management during the pre-
design phase to define the project performance expectations and document Project performance
and Commissioning goals.
Cudjoe Fire Station Page 32
Packet Pg.829
C.19.b
2.9.4 The CONSULTANT shall develop Commissioning requirements suitable for use in the
Project Specifications.
2.9.6 The CONSULTANT shall submit with its final design documents, a severable Equipment
and Systems Commissioning Approach document that utilizes data and factors derived from the )
design, needed to achieve facility performance requirements. -
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2.9.T The CONSULTANT shall provide a Commissioning Plan that finalizes the Commissioning
Approach and addresses each Equipment and System installation with specific steps that will be
taken during the commissioning process.
2.9.8 The CONSULTANT shall submit a Commissioning Report documenting the Equipment and 2
Systems affect upon facility performance requirements in accordance with the Commissioning
Plan.
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LO
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CL
Cudjoe Fire Station Page 33
Packet Pg.830
ATTACHMENT B
HOURLY RATES
Principal in Charge $160.00
Senior Project Manager $150.00 )
Project Manager $140.00
Professional Engineer $130.00
Senior Project Engineer $125.00
Project Engineer $115.00
Project Designer $110.00
0
Principal Traffic Engineer $160.00
Senior Traffic Engineer $135.00
Traffic Engineer $115.00
Traffic Analyst $105.00
Principal Environmental Scientist $160.00
Senior Environmental Scientist $125.00
Lead Environmental Scientist $105.00
Environmental Scientist $95.00 c
0
GIS Analyst $105.00
Arbodst $125.00
Principal Planner $160.00 E
Senior Planner $130.00
Planner $100.00
Principal Architect $160.00
Senior Architect $140.00 LO
Senior Architectural Manager $130.00
Architect $125.00
Senior Architectual Designer $120.00
Architectural Designer $105.00
LU
Architectural Coordinator $85.00
Principal Structural Engineer $160.00
Senior Structural Engineer $140.00 0
Structural Engineer $115.00
Principal MEP Engineer $160.00
Senior MEP Project Engineer $140.00
MEP Project Engineer $115.00
MEP Project Designer $110.00
MEP Design Technician $95.00
Principal Landscape Architect $160.00
Senior Landscape Architect $125.00
Landscape Architect $105.00
Senior Landscape Designer $100.00
Landscape Designer $85.00
Cudjoe Fire Station Page 34
Packet Pg.831
Project Coordinator $90.00
Senior Design Technician $105.00
Design Technician $95.00 2
Senior CADD Technician $85.00
CADD Technician $75.00 )
Administrative $75.00
Clerical II $60.00
Clerical 1 $40.00
0
Senior Graphic Designer $125.00
Graphic Designer $75.00
Senior Construction Manager $120.00
Construction Manager $105.00
Construction Field Representative II $100.00
Construction Field Personnel 1 $80.00
CL
Principal Surveyor $160.00
Senior Professional Surveyor $130.00
Professional Surveyor and Mapper $125.00
Field Technician/Designer $105.00
Surveyor in Training $100.00
Survey Project Manager/CADD $100.00
Field Crew Coordinator $95.00
Survey Party Chief $75.00
Survey Instrument Man $65.00
Surveying Sr CADD Tech $90.00
Surveying CADD Tech $75.00 LO
Survey Crew(2 man) $135.00
Survey Crew(Construction Staking--2 man) $160.00
Survey Crew(3 man) $155.00 LU
GPS(1 manyRobotics $130.00 LU
GPS (2 man) $165.00
1 Man Scanner/Lasee Survey Crew $265.00
2 Man Scanner/Laser Survey Crew $290.00
0
Cudjoe Fire Station Page 35
Packet Pg.832
CPHEN-1 OP ID;LV
1
CERTIFICATE OF LIABILITY INSURANCE DATE(MMMD"M 0611512016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT, It the certificate holder Is an ADDITIONAL INSURED,the pollcy(fes)must be endorsed. If SUBROGATION IS WAIVED,subject to 0
the terms and conditions of the policy,certain policies may require an endorsement A statement an this certificate does not confer rights to the
cartificats holder In lieu of such andon!M!n M
.
PRODUCER TA Kristin McIntosh U)
JCJ Insurance Agency PHONE
2206 Hilloreat Street
J 321-445-1117 IAX.NO!321-445-1076 U-
Orlando,FL 32803 W04"fiss certsfflej-Insurance.cern 0Mark E.Jackson INSURER)AFFORDING COVERAGE NAIL 0
INSURER A Continental Casuft Company_ 20443 :5
INSURERS Valley Forge Insurance Company 20508
INSURED U
zW& neem,Inc. rance 20494 0
500 West Street INSURER C Transportation Insu 4-
Sanford,FL 32771 wsumaR n-,RLI Insurance Company 13056
INSURER E
I INSURER F-
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COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWTHSTANDING ANY REQUIREMENT,TERM OR CONDTION OF ANY CONTRACT.OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
t'TI,AT........................
A TYPE OF INSURANCE POLICY NUMBER III LISM
.........--- ..........
A X COWAGRCIAL GINERAL LIABILITY OL
EACH OCCURRENCE $ 1,000,000 U
CLAIMS-MADE OCCUR X C009961e199 0001120161041011f20117 MISES(94k_UAWWTURIENTM S 300.000 0
EM
T Contractual Uab MEDEXP 3,000
X XCU PERSONAL&A13V IINJURY 5 1,000,000
GIEWL AGGREGATE LIMIT APPLES PER GENERAL AGGREGATE S 2,000,000
POLICY EX CT JIRO- J
,— [- Loc PRODUCTS-COMPO r-
P AGG 5 2,000.000 0)
OTHEK JErnp Ban. S toomoo E
AUTOMOBILE LIABILITY i <
aceddl"611 5 1,000,000
B IANY AUTO X C50996111204 0"112016 "0112017 BODILY INJURY(Per person) S e
ALL OWNED N SCHEDULED BODILY INJURY(per acederm $ L.
X AUTOS AUTOS -PROPER-(Y DAMAGE NON-OWNED
HIRED AUTOS AUTOS Lyftil is to
— to
X UMBRELLA LIAR X OCCUR EACH OCCURRENCE Is 5,000,000
C EXCESS1.11" CLAIMS4AADE $099618218 0410112016 0410112017 AGGREGATE s 5,000,000 (0
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DIED I X I RETENTIONS 100001 1 Is
WORIUMSCONIPENSATION X I VR"** LU
AND EMPLOYERS'LMILITY YIN -1,is=AT� X
D ANY PROPRIET=TNERIEXECUTIVE PSW0002907 0110112016 0110112017 E-L EACH ACC DENT 5 1,000.000 W
OFF LUDED? NIA
(mandooly In NH) E L DISEASE-EA EMPLOYEE $ 1.000,00'OESG0
desaft under
RIPTION OF.OPERATIONS belowE L DISEASE-POLICY LIMIT 5 1,000.000
D lProfessional Liab DP0023754 040112016 0410112017 Per Claim 2,000,000
Claims-Mule Form Aggregate 2,000,000 0
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,AddItIonal Rwvwks 561tedule,may be*reached If mars spse*Is"Ind)
CudJoe Kay Fire Station.Monroe County Is Inicuded as additional Insured as
respects to General&Auto Liability when required by written contract So
Day Notice of Cancellation,except for 10 days for non-payment. AP, E
BY
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CERTIFICATE HOLDER CANCELLATION E
MONRI10
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Monroe County Board of ACCONDANCEH THE POLICY PROVISIONS. <
County Commissioners
1100 Simonton Street AUTHORIZED REPRESENTATIVE
Key West,FL 33040
0 1968-2014 ACORD CORPORATION. All rights reserved.
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I Packet Pg. 833