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Item C02 I�`� County of Monroe �y,4 ' '�, "tr, BOARD OF COUNTY COMMISSIONERS County �a� Mayor Heather Carruthers,District 3 �1 `_ll Mayor Pro Tem Michelle Coldiron,District 2 The Florida.Keys` )-.�ff` Craig Cates,District 1 David Rice,District 4 w � Sylvia J.Murphy,District 5 County Commission Meeting October 213, 2020 Agenda Item Number: C.2 Agenda Item Summary #7258 REVISED BACKUP: Replacing original Task Order with corrected version amending effective date and written cost(in red below). BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Thomas Henry (305) 292-4523 N/A AGENDA ITEM WORDING: Approval of a Task Order with Bender and Associates to complete construction documents for East Martello Drainage Phase 3 project for $62,116.00. Funding is provided by a TDC grant. ITEM BACKGROUND: The County seeks to correct poor drainage areas in the middle of Fort East Martello including the adjacent areas immediately to the north, east, and west of the Fort to preserve the building to historic preservation standards. East Martello Drainage and Parking plans includes three phases. Phase One addressed Pines Park and the parking lot drainage issues and has been completed. Phase Two was initiated to perform site work at the property, including regrading of gravel road, addressing drainage issues on the east side of the fort, new retention areas, site lighting, site irrigation, fencing, and landscaping. The scope also includes preparing the site by providing all necessary erosion control. Construction is about to begin for this phase. The TDC has awarded a grant for phase 3 of the drainage and parking project. Therefore, this Task Order is to develop a complete design package to correct poor drainage in the middle of Fort East Martello and adjacent areas. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approve Design Task Order with Bender and Associates. DOCUMENTATION: Bender Associates Architects A E Services- East Martello Site Work Phase 3 (REVISED) Bender Contract EXEC 12-19-18 FINAL East Martello Sitework Phase 3 FULL PROPOSAL Bender 09.01.20 FINANCIAL IMPACT: Effective Date: 9/16/2020 Expiration Date: TBD Total Dollar Value of Contract: $62,116.00 Total Cost to County: $0.00 Current Year Portion: Budgeted: Yes Source of Funds: Tourist Development Council Grant CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: Yes County Match: No Insurance Required: N/A Additional Details: 09/16/20 117-77040 TDC BRICKS & MORTAR 117 $62,116.00 REVIEWED BY: Thomas Henry Completed 09/02/2020 9:42 AM Stan Thompson Completed 09/02/2020 1:38 PM Cary Knight Completed 09/02/2020 1:41 PM Kevin Wilson Completed 09/02/2020 1:50 PM Joseph DiNovo Completed 09/02/2020 2:40 PM Purchasing Completed 09/02/2020 3:08 PM Budget and Finance Completed 09/23/2020 3:23 PM Maria Slavik Completed 09/23/2020 4:15 PM Liz Yongue Completed 09/23/2020 4:40 PM Board of County Commissioners Pending 10/21/2020 9:00 AM TASK ORDER FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES BETWEEN MONROE COUNTY AND BENDER&ASSOCIATES ARCHITECTS,P.A. FOR EAST MARTELLO PHASE III DRAINAGE IMPROVEMENTS DESIGN In accordance with the Agreement for Professional Architectural and Engineering Services,made and entered into on December 19, 2018 between MONROE COUNTY, ("County") and BENDER & ASSOCIATES ARCHITECTS, P.A., ("Consultant" or Bender"), where professional services are allowed if construction costs do not exceed Two Million Dollars ($2,000,000.00), or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand Dollars ($200,000.00), hereinafter referred to as the "Agreement". All terms and conditions of the Agreement apply to this Task Order, unless this Task Order amends, adds, or modifies a provision or an Article of the Agreement of which will be specifically referenced in this Task Order and the amendment, addition, or modification shall be precisely described. These additions apply only to the project referenced in this Task Order. This Task Order is effective on the 21 st of October, 2020. WHEREAS,the East Martello Fort in Key West is an iconic structure and a significant contributing resource in the Key West Historic District, and WHEREAS,the County seeks to correct poor drainage areas in the middle of Fort East Martello including the adjacent areas immediately to the north, east,and west of the Fort to preserve the building in accordance with historic preservation standards; and WHEREAS, the Consultant possesses requisite experience in historic restoration and/or renovation and possesses significant familiarity with Fort East Martello in Key West; and NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below,the parties agree as follows: 1. In accordance with Article II, SCOPE OF BASIC SERVICES of the Agreement,the Consultant will provide a complete design package for a Phase III restoration project, consisting of: (a) Field measurement of the existing building and site. (b) A set of Construction Drawings and Technical Specifications, with as many signed and sealed hard copies and PDFs as required for permitting. (c) Permitting assistance, including submittal of documents to the State of Florida Department of Historic Resources and the Monroe County Historic Preservation Commission. Construction permitting will be through Monroe County (d) Bidding support services, including pre-bid meetings and Addendums. (e) Construction Administration services, including weekly jobsite meetings, Information Bulletins, Payment Application approval, and closeout documents. 1 COUNTY RESPONSIBILITY The County's Responsibility is outlined in Article IV of the Professional Services Agreement. County shall provide historical property records and deeds if required. 2. In accordance with Article VII of the Professional Services Agreement,the County shall pay the Consultant a lump sum fee of Sixty-Two Thousand One Hundred Sixteen and 00/100 ($62,116.00)paid on a percent complete basis for each task, as described above in the Scope of Work, for the following phases: Taskl Existing conditions and design drawings 35% $21,740.00 Task 2 Construction Documents 35% $21,740.00 Task 3 Bidding Phase 5% $3,106.00 Task 4 Construction phase contract administration 25% $15,530.00 Total Project Fees $62,116.00 All other Terms and Conditions of the Agreement remain unchanged and in full forces and effect. 2 IN WITNESS WHEREOF, each party caused this Task Order to be executed by its duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA By: By: Date: Mayor/Chairman As Deputy Clerk MONROE COUNTY ATTORNEY'S OFFICE APPROVED AS TO FORM k y, �SSI STANT COUNTY ATTORNEY CONSULTANT DATE: 1100-16-2020 BENDER&ASSOCIATES ARCHITECTS, P.A. WITNESS TO CONSULTANT . s By: BY: L Title: Architect Date: 10/16/2020 Date: 10/16/2020 3 C.2 BOARD OF COUNTY COMMSSIONERS County of Monroe f Mayor Heather Carruthers,District 3 h} ] Mayor Pro Tem Michelle Coldiron,District 2 The Florida Keys Craig Cates,District 1 David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting October 213, 2020 Agenda Item Number: C.2 Agenda Item Summary #7258 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Thomas Henry (305) 292-4523 N/A AGENDA ITEM WORDING: Approval of a Task Order with Bender and Associates to complete construction documents for East Martello Drainage Phase 3 project for $62,116.00. Funding is provided by a TDC grant. ITEM BACKGROUND: The County seeks to correct poor drainage areas in the middle of Fort East Martello including the adjacent areas immediately to the north, east, and west of the Fort to preserve the building to historic preservation standards. East Martello Drainage and Parking plans includes three phases. Phase One addressed Pines Park and the parking lot drainage issues and has been completed. Phase Two was initiated to perform site work at the property, including regrading of gravel road, addressing drainage issues on the east side of the fort, new retention areas, site lighting, site irrigation, fencing, and landscaping. The scope also includes preparing the site by providing all necessary erosion control. Construction is about to begin for this phase. The TDC has awarded a grant for phase 3 of the drainage and parking project. Therefore, this Task Order is to develop a complete design package to correct poor drainage in the middle of Fort East Martello and adjacent areas. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approve Design Task Order with Bender and Associates. DOCUMENTATION: Bender Associates Architects A E Services-East Martello Site Work Phase 3 Packet Pg. 32 C.2 ; Bender Contract EXEC 12-19-18 FINAL East Martello Sitework Phase 3 FULL PROPOSAL Bender 09.01.20 FINANCIAL IMPACT: Effective Date: 9/16/2020 Expiration Date: TBD Total Dollar Value of Contract: $62,116.00 Total Cost to County: $0.00 Current Year Portion: Budgeted: Yes Source of Funds: Tourist Development Council Grant CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: Yes County Match: No Insurance Required: N/A Additional Details: 09/16/20 117-77040 TDC BRICKS & MORTAR 117 $62,116.00 REVIEWED BY: Thomas Henry Completed 09/02/2020 9:42 AM Stan Thompson Completed 09/02/2020 1:38 PM Cary Knight Completed 09/02/2020 1:41 PM Kevin Wilson Completed 09/02/2020 1:50 PM Joseph DiNovo Completed 09/02/2020 2:40 PM Purchasing Completed 09/02/2020 3:08 PM Budget and Finance Completed 09/23/2020 3:23 PM Maria Slavik Completed 09/23/2020 4:15 PM Liz Yongue Completed 09/23/2020 4:40 PM Board of County Commissioners Pending 10/21/2020 9:00 AM Packet Pg. 33 C.2.a TASK ORDER FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES BETWEENCU MONROE COUNTY AND BENDER&ASSOCIATES ARCHITECTS, P.A. FOR EAST MARTELLO PHASE III DRAINAGE IMPROVEMENTS DESIGN In accordance with the Agreement for Professional Architectural and Engineering Services,made and entered a_ CU into on December 19, 2018 between MONROE COUNTY, ("County") and BENDER & ASSOCIATES ARCHITECTS, P.A., ("Consultant" or Bender"), where professional services are allowed if construction CU uJ costs do not exceed Two Million Dollars ($2,000,000.00), or for study activity if the fee for professional — services for each individual study under the contract does not exceed Two Hundred Thousand Dollars ($200,000.00),hereinafter referred to as the"Agreement". Cn All terms and conditions of the Agreement apply to this Task Order,unless this Task Order amends, adds, or modifies a provision or an Article of the Agreement of which will be specifically referenced in this Task Order 10 and the amendment, addition, or modification shall be precisely described. These additions apply only to the project referenced in this Task Order. CU This Task Order is effective on the 16t'of September, 2020. a) CU CL WHEREAS,the East Martello Fort in Key West is an iconic structure and a significant contributing resource in the Key West Historic District, and 0 WHEREAS,the County seeks to correct poor drainage areas in the middle of Fort East Martello including the Cn 0 adjacent areas immediately to the north, east, and west of the Fort to preserve the building in accordance with z historic preservation standards; and CU Cn WHEREAS, the Consultant possesses requisite experience in historic restoration and/or renovation and CU possesses significant familiarity with Fort East Martello in Key West; and U NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below,the parties Cn agree as follows: uJ 1. In accordance with Article II, SCOPE OF BASIC SERVICES of the Agreement,the Consultant will provide a complete design package for a Phase III restoration project, consisting of: 2 (a) Field measurement of the existing building and site. (b) A set of Construction Drawings and Technical Specifications, with as many signed and sealed hard copies and PDFs as required for permitting. U (c) Permitting assistance, including submittal of documents to the State of Florida 0 Department of Historic Resources and the Monroe County Historic Preservation Commission. Construction permitting will be through Monroe County (d) Bidding support services, including pre-bid meetings and Addendums. (e) Construction Administration services, including weekly jobsite meetings, Information Bulletins,Payment Application approval, and closeout documents. U 1 Packet Pg. 34 C.2.a COUNTY RESPONSIBILITY a� The County's Responsibility is outlined in Article IV of the Professional Services Agreement. CU County shall provide historical property records and deeds if required. 2. In accordance with Article VII of the Professional Services Agreement, the County shall pay the CU Consultant a lump sum fee of Sixty-Two Thousand One Hundred Fifteen and 00/100 ($62,116.000)paid on a percent complete basis for each task, as described above in the Scope of CU Work, for the following phases: 0 r_ Taskl Existing conditions and design $21 740.00 drawings 35% 0 Task 2 Construction Documents 35% $21,740.00 Task 3 Bidding Phase 5% $3,106.00 CU Construction phase contract t Task 4 $15,530.00 co administration 25% CU Total Project Fees $62,116.00 CL 0 All other Terms and Conditions of the Agreement remain unchanged and in full forces and effect. 0 a� CrJ r CrJ U) U U U 0 U 2 Packet Pg. 35 C.2.a IN WITNESS WHEREOF, each parry caused this Task Order to be executed by its duly authorized a� representative. a, (SEAL) BOARD OF COUNTY COMMISSIONERS E Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA a By: By: Date: Mayor/Chairman ONR OE COUNTY ATTORNErS OFFICE 0 M APPROVED AS TO FORM a TANT C:t]tt M ArTOFINEY DATE: 9-0_1-2020 0 CONSULTANT BENDER &ASSOCIATES ARCHITECTS, P.A. WITNESS TO CONSULTANT By: David Salay By: 1d Title: Partner, Architect Date: Date: 9/1/20 OF Ft a E D v U v 2 v 0 Ch E v 3 Packet Pg. 36 T Kevin Mad®k, cPA Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: January 10, 2019 TO: Tammy Sweeting Executive Assistant 2 FROM: Pamela G. Hanco C. CL co SUBJECT: December 19'BOCC Meeting CU Attaclied is an electronic copy of each of die following documents for your handling: CL C13 Professional A/E Services Continuing Contract with Bender and Associates Architects, P.A.,pursuant to Florida Statute 287.055(2), to provide professional services for miscellaneous projects in '- wliicln construction costs do not exceed$2,000,000.00 or for study activity if die fee for professional services 0 for each individual study under die contract does not exceed$200,000.00. C14 Professional A/E Services Continuing Contract with William P. Horn Architect,P.A., pursuant to Florida Statute 287.055(2),to provide professional services for miscellaneous projects in which UJI construction costs do not exceed$2,000,000.00 or for study activity if die fee for professional services for — each individual study under the contract does not exceed $200,000.00. C15 Professional A/E Services Continuing Contract with SGM Engineering,Inc.,pursuant to Florida Statute 287.055(2),to provide professional services for miscellaneous projects in which construction costs do not exceed$2,000,000.00 or for study activity if die fee for professional services for each individual study under die contract does not exceed$200,000.00. C17 Professional A/E Services Continuing Contract with CPH,Inc.,pursuant to Florida Statute Cn 287.055(2),to provide professional services for miscellaneous projects in wliicli construction costs do not �- exceed$2,000,000.00 or for study activity if die fee for professional services for eacli individual study under 00 die contract does not exceed$200,000.00. r 04 C 19 Professional A/E Services Continuing Contract wide Cardno, Inc.,pursuant to Florida Statute 287.055(2),to provide professional services for miscellaneous projects in which construction costs UJI do not exceed$2,000,000.00 or for study activity if the fee for professional services for each individual study X under die contract does not exceed$200,000.00. 0 C20 Professional A/E Services Continuing Contract with M.C. Harry and Associates, Inc., pursuant to Florida Statute 287.055(2),to provide professional services for miscellaneous projects in wliiclh o construction costs do not exceed$2,000,000.00 or for study activity if die fee for professional services for each individual study under die contract does not exceed $200,000.00. Q) Slhould you leave any questions,please feel free to contact me at(305) 292-3550. cc: B. Erickson/A. Mytnik County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 37 C.2.b AGREEMENT FOR Professional Architectural and Engineering Services This Agreement ("Agreement") made and entered into this 19'h day of December, 2018 by > and between the Monroe County Board of County Commissioners, a political subdivision of the L- CL State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "OWNER" or "COUNTY," co AND Bender and Associates Architects,P.A. an Architect of the State of Florida, whose address is 410 Angela St Key West, FL 33040 its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: CU WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for various County Projects from time to time located in Monroe County, Florida and; 0 WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous projects in which construction costs do not exceed $2,000,000.00, or for study activity if the fee for professional services for each individual study under the contract does not exceed $200,000.00. 0 The professional services required by this Contract will be for services in the form of a continuing contract, commencing the effective date of this agreement and ending four (4) years thereafter, with options for the County to renew for an additional 1 year period. Specific services will be performed pursuant to individual task orders issued by the COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scopes of work, time schedules, 00 charges and payment conditions, and additional terms and conditions that are applicable to such Task Orders. Execution of a Task Order by the COUNTY and the CONSULTANT constitutes the COUNTY's written authorization to CONSULTANT to proceed with the services described in the Task Order. X i The terms and conditions of this Agreement shall apply to each Task Order, except to the extent expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of this Agreement to be modified will be specifically referenced in the Task Order and the modification shall be precisely described. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1 Packet Pg. 38 C.2.b 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT's duties hereunder have been fully satisfied. 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 2 1.1.3 The CONSULTANT shall prepare all documents required by this Agreement including but CL not limited to, all contract plans and specifications, in such a manner that they shall be co 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 CU warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to accomplish the purposes of the Project and to document costs in a manner that CU is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information or design elements in the contract documents. 0 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to CU his performance and those directly under his employ. 1.1.5 The CONSULTANT's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services 0 pursuant to this Agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this Agreement and shall entitle the COUNTY to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this Agreement the CONSULTANT is an independent contractor and not an employee of the Monroe County Board of County00 Commissioners. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of Monroe County. i 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this Agreement or with the provision of services or goods under this Agreement. 0 ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT's Scope of Basic Services consist of those described in Attachment A. The CONSULTANT will perform for the COUNTY services as described in individual Task Orders in accordance with the requirements outlined in the Agreement and the specific Task Order. CONSULTANT shall commence work on the services provided for in this Agreement and Task Order promptly upon his receipt of a written notice to proceed issued by the COUNTY. 2 Packet Pg. 39 C.2.b T ' 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENT 2 All written correspondence to the COUNTY shall be dated and signed by an authorized CL representative of the CONSULTANT. Any notice required or permitted under this Agreement shall co be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: CU CL Mr. Cary Knight. CU Director of Project Management Monroe County 1100 Simonton Street Rm 2-216 a Key West, FL 33040 CU And: Mr. Roman Gastesi Monroe County AdministratorCU 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the Consultant: Bert L Bender P.A. Principal Architect 410 Angela St Key West, FL 33040 -e. � ARTICLE III 00 ADDITIONAL SERVICES r 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. U 3.2 If Additional Services are required, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. 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. 3 Packet Pg.40 C.2.b t 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT's services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been CL duly served if sent pursuant to paragraph 2.3. E co 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. CU r- 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are o generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 0 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS AND DEFENSE 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless CU COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, 00 reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the'CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the X indemnification provided for above. The extent of liability is in no way limited to, reduced, �� or lessened by the insurance requirements contained elsewhere within this Agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. i 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 CU expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT will hold the 4 Packet Pg.41 C.2.b COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY's behalf. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. 2 5.6 FDEM Indemnification CL To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold E harmless the COUNTYand State of Florida, Department of Emergency Management, and co its officers and employees, from liabilities, damages, losses and costs, including, but not CU limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONSULTANT and persons employed or utilized CU by the CONSULTANT in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the 0 (County)Agency's sovereign immunity. ARTICLE VI PERSONNEL 0 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named 0 individuals will perform those functions as indicated: NAME FUNCTION Bert L Bender PA Principal Architect David Salay RA Architect00 r Haven Burkee Architect r 04 So long as the individuals named above remain actively employed or retained by the X CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced, the CONSULTANT shall immediately notify the COUNTY of the change in personnel. 2 ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the CONSULTANT's performance of this Agreement based on the hourly rates outlined in CU Attachment B, or a Not to Exceed Amount negotiated at the time of performance. 7.2 PAYMENTS 5 Packet Pg.42 C.2.b i 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, et seq. 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; 2 CL (B) As a condition precedent for any payment due under this Agreement, the E CONSULTANT shall submit monthly, unless otherwise agreed in writing by the co 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 CU Allowable Reimburasable expenses will be separately identified in each Task Order and are subject jo the maximum allowable contract amount. Travel expense reimbursements CU are subject to the limitations of Florida Statute 112.061 and Monroe County Codes. 0 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 COUNTY's Board of 0 County Commissioners. CU 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon t" 00 an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. r ARTICLE VIII ' INSURANCE X 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. i 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. The coverage shall contain an endorsement CU providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 6 Packet Pg.43 C.2.b r 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. 2 C. Comprehensive business automobile and vehicle liability insurance covering claims for CL C injuries to members of the public and/or damages to property of others arising from use co of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles, with $300,000 per occurrence, $200,000 per person, and $200,000 property damage, or$300,000 Combined Single Limit D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or a subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a CU Blanket Contractual Liability Endorsement with $1,000,000 Combined Single Limit. CU 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 0 the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of forty-eight(48) months following the termination or expiration of this contract. 0 E. Architects Errors and Omissions professional liability insurance of $1,000,000 per occurrence and $3,000,000 annual aggregate. If the policy is a "claims made" policy, 0 CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after � completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. t 00 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. i G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. 0 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 at the discretion and request of COUNTY. The COUNTY reserves the right to require a certified complete copy of such policies, including all amendments, endorsements, i exclusions or changes to the policy, upon request. I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required and provided to COUNTY. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX 7 Packet Pg.44 C.2.b 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. 2 CL 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS co The documents prepared by the CONSULTANT for a COUNTY Project belong to the CU COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. CU 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this Agreement, 2 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 CU conditions and provisions as the Board may deem necessary. This paragraph shall be (n incorporated by reference into any assignment or subcontract and any assignee orCU subcontractor shall comply with all of the provisions of this Agreement. Subject to the 0 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. L- 0 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. CU 9.5 TERMINATION OR SUSPENSION00 r A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five (5) days written notification to the CONSULTANT. i U B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty(60) days written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONSULTANT should CONSULTANT fail to i perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONSULTANT with seventy-two (72) hours' notice and provide the CONSULTANT with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT under this Agreement prior to termination, unless the cost of completion 8 Packet Pg.45 C.2.b to the COUNTY exceeds the funds remaining in the contract. However, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONSULTANT shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. > 2 CL D. Termination for Convenience: The COUNTY may terminate this Agreement for co convenience, at any time, upon sixty (60) days' notice to CONSULTANT. If the COUNTY terminates this Agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining CU in the contract. The maximum amount due to CONSULTANT shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False CU Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. E. Scrutinized Companies: For Contracts of any amount, if the County determines that the Consultant has submitted a false certification under Section 287.135(5), Florida 0 Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. For Contracts of $1,000,000 or more, if the County determines that the Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Consultant has been placed on the Scrutinized Companies with Activities in the Sudan 00 List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met U 9.6 CONTRACT DOCUMENTS r- 0 This contract consists of the Request for Qualifications, any addenda, the Form of Agreement (Articles I-IX), the CONSULTANT's response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments "A: Consultant Scope Of Services" and "B: Hourly Rafes", and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. U 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 9 Packet Pg.46 C.2.b a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 0 By signing this Agreement, CONSULTANT represents that the execution of this Agreement L0. will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of E co this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the a amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. CU CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" orLU has been placed on the convicted vendor list. 0 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of ten (10) years from 0 the termination of this Agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other CU party to this Agreement for public records purposes during the term of the Agreement and t 00 for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. U Right to Audit Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including i documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in Owner's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection 10 Packet Pg.47 C.2.b and subject to audit and/or reproduction by Owner's representative and/or agents of Owner. Owner may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors representatives. All records shall be kept for ten (10)years after Final Completion. 2 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES 0. co 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 CU venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This Agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall 0 be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY CU 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 0 original intent of this Agreement. The COUNTY and CONSULTANT agree to reform theCU Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 00 r 9.11 ATTORNEY'S FEES AND COSTS 04 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 X or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court costs, as an award against the non-prevailing party, and shall include attorney's fees, and courts costs in appellate proceedings. 0 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 U Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 11 Packet Pg.48 C.2.b 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 by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS 2 CL COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted co to be resolved by meet and confer sessions between representatives of each of the parties: If the issue or issues are still not resolved to the satisfaction of the parties, then any party CU 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 CU concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all CU 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/EQUAL EMPLOYMENT OPPORTUNITY The parties agree that there will be no discrimination against any person, and it is expressly 0 understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further CU action on the part of any party, effective the date of the court order. The parties agree to 00 comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title VII of the Civil Rights Act 04 of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the X basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title Vill of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with CU Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or 12 Packet Pg.49 C.2.b age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the.CONSULTANT, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964- 1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing a) regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, L- CL Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶C, agrees as follows: co CU 1) The consultant will not discriminate against any employee or applicant for CU employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms ofCU compensation; and selection for training, including apprenticeship. The 0 consultant agrees to post in conspicuous places, available to employees and LM applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 0 2) The consultant will, in all solicitations or advertisements for employees placed by or on behalf of the consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual CU orientation, gender identity, or national origin. 00 r 3) The consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation U' information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the consultant's legal duty to furnish information. U 4) The consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the consultant's 13 Packet Pg. 50 C.2.b commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 2 CL 6) The consultant.will furnish all information and reports required by Executive co Order 11246 of September 24, 1965, and by the rules, regulations, and orders of CU the Secretary of Labor, or pursuant thereto, and will permit access to his books, Q. records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, CU and orders. E 0 7) In the event of the consultant's non-compliance with the nondiscrimination CU clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the CU contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall00 not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Uj - 9.19 CODE OF ETHICS X Uj 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 r_ delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. i 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 14 Packet Pg. 51 C.2.b 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 recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS. The CONSULTANT and COUNTY shall allow and permit reasonable access to, and 2 inspection of, all documents, papers, letters or other materials in its possession or under its CL control subject to the provisions of Chapter 119, Florida Statutes, and made or received by co the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. CONSULTANT shall be referred to herein also as "Contractor" for this provision only: CU Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the 0 Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, CU Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to 0 unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of LM the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law CU in order to comply with this provision. 00 Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a i copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the 15 Packet Pg. 52 C.2.b , contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must 0- provide the records to the County or allow the records to be inspected or copied within a CL reasonable time. co a) Cn CU If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon CU violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time 0 may be subject to penalties under section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. 0 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12T" Cn Street, SUITE 408, KEY WEST, FL 33040. 00 r 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be,deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 0 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and I rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 16 Packet Pg. 53 C.2.b 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall, it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or 0- statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, CL state statute, and case law. E co 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this CU 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 0 employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits CU under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. UJ 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION ' CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the Z_ 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 0 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. 9.27 NO PERSONAL LIABILITY X No covenant or agreement contained herein shall be deemed to be a covenant or ' agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS i 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 U counterpart. 9.29 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the 17 Packet Pg. 54 C.2.b opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321( as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT 0- and subconsultants shall not discriminate on the basis of race, color, national origin or sex CL in the award and performance of contracts, entered pursuant to this Agreement. E co 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMSCn a. If the CONSULTANT with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CU CONSULTANT shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists. CU 2. Assuring that small and minority businesses, and women's businessCU enterprises are solicited whenever they are potential sources. 3. Dividing total requirements, when economically feasible, into smaller tasks or 0 quantities to permit maximum participation by small and minority businesses, and women's business enterprises. 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development CU Agency of the Department of Commerce. 6. Requiring the Prime consultant, if subconsultant's are to be let, to take the 00 affirmative steps listed in paragraph (1)through (5) of this section. r i 9.30 TIME FOR PERFORMANCE/BASELINE SCHEDULE /COST ESTIMATES X Time is considered of the essence in the performance of the services required by this U� Agreement and defined in the scope of work. The CONSULTANT will be prepared to commence work upon receiving a Notice to r- Proceed from the COUNTY and to complete all functions in accordance with the schedule and delivery requirements outlined in the "Baseline Schedule / Cost Estimates" special povisions and specifications included below: i 9.30.1 SCHEDULING REQUIREMENTS 1. Baseline Schedule U 1.1 A baseline project schedule indicating the preconstruction activities to be monitored and the anticipated completion dates for milestones are included in Section 3.1. 2. Monthly Schedule Update 18 Packet Pg. 55 C.2.b 2.1 The CONSULTANT will report detailed input and schedule updates on all preconstruction activities in accordance with the Baseline Schedule on a monthly basis. All preconstruction activities must be addressed each month even if there is no change in status. Following the Notice to Proceed, this report will be considered due to the COUNTY on or before the fifth (5th) day of each month. 2.2 A brief narrative describing scheduled milestones with the status for each and a 2 projection of milestone activities anticipated for the next sixty (60) days will be included in CL the report. E co 2.3 In the event that milestone dates are compromised for any reason, the CONSULTANT will participate in a schedule review and assessment with the COUNTY and the results will be incorporated into the report. The schedule review and assessment may include, but is not limited to, a detailed critical path analysis, consideration of potential delays, CU development of recovery plans, reporting recovery activities which are underway, assessing the impact of delays, and developing plans for schedule recovery. 0 2.4 The COUNTY will evaluate the schedule review and assessment results as reported by CU the CONSULTANT to determine if adequate provisions are proposed to enable the project to progress in accordance with the Baseline Schedule. If it is determined that an adjustment CU to the Baseline Schedule is warranted and if the delays are not directly attributed to the operations and/or project management practices of the CONSULTANT as required by this Contract, the COUNTY may grant an appropriate extension of time to complete all or any phase of the work. The CONSULTANT will incorporate recommendations for such time extensions into the monthly schedule update report. 0 2.5 The COUNTY reserves the right, but does not assume the obligation, to intercede at any time should the CONSULTANT fail to demonstrate the ability to progress the project in 0 accordance with the milestone dates established in the Baseline Schedule. Such action on the part of the CONSULTANT shall be considered non-performance and the COUNTY shall have all rights to seek remuneration and other damages as provided for in this Agreement 00 and the laws of the State of Florida. r 3. Project Development Process i 3.1 Preconstruction activities should at a minimum include the following elements as X applicable: U PROJECT DEVELOPMENT PROCESS 0 Task Name Milestone Comments Date Contracting Phase Issue Notice to Proceed Programming and Design Phase Submit Final BOD and OPR U CU BOCC Approval of Programming Document Conduct Site Plan Meeting Submit Site Plan for Approval Receive Site Plan Approval 19 Packet Pg. 56 C.2.b Approved Schematic Design Documents Approved Design Development Documents 30% Approved 60% Construction Documents Approved 90% Construction Documents Approved 100% Construction Documents Bid and Permit Phase Approved Building Permits Posting of Notice of Request for Competitive Solicitation 2 CL Conduct Pre-Bid Meeting Bid Opening BOCC Approval of Construction Contractor Issue Notice to Proceed to Construction Contractor Construction Phase Conduct Pre-Construction Meeting Obtain Substantial Completion Obtain Final Com leiton Process Final Closeout Documents 3.2 The duration of the Contract should extend through the issuance of a Notice to Proceed to the construction contractor as part of the normal project development process. ° 9.30.2 COST ESTIMATING REQUIREMENTS 1.1 Baseline Cost Estimates 1.1.1 Following the Notice to Proceed for this Contract, the CONSULTANT will review the existing project cost estimate for the project and submit a written confirmation and/or recommendations for any refinements, changes, and revisions to the COUNTY. The COUNTY will consider any project cost estimate recommendations and issue a final 00 Baseline Cost Estimate. r 2.1 Cost Estimate Updates. 2.1.1 The CONSULTANT will update the Baseline Cost Estimate with 30% completion, X 60% completion, 90% completion, the completion of the final design effort, and after U' any significant changes in the scope of the project as defined in this Contract. r_ 0 2.1.2 In the event that the Baseline Schedule is suspended or delayed in any manner, additional updates of the Baseline Cost Estimate will be required at six (6) month intervals as long as this Contract remains in effect. The COUNTY may suspend this requirement by issuing a written notice to the CONSULTANT. 9.31 FEDERAL CONTRACT REQUIREMENTS The CONSULTANT and its sub-consultant's must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to Part 200, as amended, including but not limited to: 20 Packet Pg. 57 C.2.b 9.31.1 Clean Air Act and the Federal Water Pollution Control Act. CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). 9.31.2 Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal 2 program legislation, which includes emergency Management Preparedness Grant CL Program, Homeland Security Grant Program, Nonprofit Security Grant Program, co Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all 'prime construction contracts in excess of $2,000 CU awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 31413144 and 3146-3148) as supplemented by Department of Labor regulations CU (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, CONTRACTORS must be required to pay wages to laborers and mechanics at a 0 rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, CONTRACTORS must be required to pay wages not less than once a week. If applicable, the COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each CU solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the 0 CONTRACTORS must also comply with the Copeland "Anti-Kickback" Act (40CU U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in 00 Whole or in Part by Loans or Grants from the United States"). As required by the Act, each CONTRACTOR or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the X Federal awarding agency. The CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. i) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. ii) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 U C.F.R. § 5.12. 9.31.3Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all 21 Packet Pg. 58 C.2.b contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each CONTRACTOR must compute the wages of every mechanic and laborer on the basis of a standard work week of forty(40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of L_ CL 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions co which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the openCL . market, or contracts for transportation or transmission of intelligence. CU 9.31.4Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding CU agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small CU Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 9.31.5CIean Air Act (42 U.S.C. 7401-7671g.), Water Pollution Control Act (33 U.S.C. 1251- 1387) as amended. Contracts and subgrants of amounts in excess of$150,000 must comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 00 9.31.6Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide 04 exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and X Suspension." SAM Exclusions contains the names of parties debarred, suspended, U� or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9.31.713yrd Anti-Lobbying Amendment (31 U.S.C. 1352). CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier CU must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 22 Packet Pg. 59 C.2.b 9.31.8Compliance with Procurement of recovered materials as set forth in 2 CFR 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year 2 CL exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative co procurement program for procurement of recovered materials identified in'the EPA guidelines. (1) In the performance of this contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (i) Competitively within a timeframe CU providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designated items, is available at 0 EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. CU 9.31.9 Americans with Disabilities Act of 1990 (ADA), as amended. The CONTRACTOR CU Uj will comply-with all the requirements as imposed by the ADA, the regulations of the — Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. LM 9.31.1q The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 00 r 9.31.11 Fraud and False or Fraudulent or Related Acts. The CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements)applies to the CONTRACTOR'S actions pertaining to this contract. X 9.31.12 Access to Records. The following access to records requirements apply to this contract: U (1) The CONTRACTOR agrees to provide MONROE COUNTY, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The CONTRACTOR agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 23 Packet Pg. 60 C.2.b , 9.31.13 Federal Government not a party to contract. CONTRACTOR acknowledges that the Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 9.31.14 Department of Homeland Security (DHS) Seal, Logo, and Flags. The CONTRACTOR shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. 2 CL 9.31.15 Compliance with Federal Law, Regulations, and Executive Order. This is an co acknowledgement that FEMA financial assistance will be used to fund the contract only. The CONTRACTOR will comply will all applicable federal law, regulations, CU executive orders, FEMA policies, procedures, and directives. CU 9.32 The CONTRACTOR is bound by the terms and conditions of the Federally-Funded Subaward and Grant Agreement between County and the Florida Division of Emergency Management (Division). The applicable Federally-Funded Subaward 0 and Grant Agreement may be found at the following link on the Monroe County webpage: http://www.monroecounty-fl.gov/DocumentCenter/View/15972/Federally-Funded- Subaward-and-Grant-Agreement 9.33 The CONTRACTOR shall hold the Division and County harmless against all claims of whatever nature arising out of the CONTRACTOR's performance of work under this Agreement, to the extent allowed and required by law. CU 00 r i X UJ U 0 W i U 24 Packet Pg. 61 C.2.b l ;((VUtTN '$S WHEREOF, each party has caused this Agreement to be executed by its duly author)edr esentative on the day and year first above written. 1� ry (SEAL) ff; BOARD OF COUNTY COMMISSIONERS S Attest KEVIN CL MADOK, Clerk OF MONR C0jP1,TY, FLORIDA co By: By: Deputy Clerk Mayor/Chairman CU Date: I q, 2° Date: ` � —I E AYN LEWIS Crj (Seal) } s.�Commission#GG 100177 . Expires May 2,2021 CONSULTANT Attest: r;;:• Bade0ThruTibyFaIn1Nur8nC86W3s5-7019 Bender and Asso 'ates Architects PA Signature: LA Signature: 0 Name: h,f1 L-es ncs Name: PA J SA V Title:_ NAJr (\�&�Yr' yo, ks1ACLA-V Title: Akc#Mr C7' •P/Nls Aje 0 Date:_III Ito Date: �7.��8• CU I- 00 MONROE COUNTY ATTORNF'v PPR VED AS 0 FORM X CH S AMBROSIO U' ASSISTANT CON ATTORrgi:'r E Date: JV-Z _.. -.._ 0 o ZZ c. �+ I �r � m ' C O r-r7 C7 r-- Grp ; 0 25 Packet Pg. 62 C.2.b ATTACHMENT A Consultant Scope of Services 1.01 DESCRIPTION 2 The Respondent awarded a Contract for Professional Architectural and Engineering Services CL C contract shall provide Architectural and/or Engineering Services to Monroe County. The contract E will provide for the planning, design, contract documents, project administration and coordination. co CU Professional services shall include, but not be limited to: Preparation and completion of the design program for space requirements and relationships, schematic design, design development, preparation of contract documents for bidding, scope of work, tabulations and review of bids, CU recommendation of contract award, cost estimating during design and document preparation, administration of contract documents, consultation and on site inspections during construction, process shop drawings, recommend approval of contractor invoices, preparation and submittal of permit applications, zoning applications and presentations to the County Commission. All projects CU shall have construction costs, which do not exceed $2 million, or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred CU Thousand Dollars($200,000.00). 0 r_ LM SCOPE OF ARCHITECT/ENGINEER'S BASIC SERVICE 2.1 DEFINITION 0 2.1.1 Architect/Engineer's Basic Services consist of those described in Paragraphs 2.2 through 2.8, and other services identified as part of Basic Services, and include normal, civil, structural, mechanical, and electrical engineering services. CU 2.1.2 The Design for Construction shall include, but shall not necessarily-be limited to, plans and00 r specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Design for Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, i with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the Owner. The Architect/Engineer shall be responsible for designing the Project in accordance U' with the analyses and recommendations of the geotechnical information furnished per Article 4.4. r_ 0 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect/Engineer shall review the program, schedule and construction budget furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect/Engineer shall review with the Owner and Monroe County's Project Management Department proposed site use and improvements, required permits, zoning, CU selection of materials, building systems and equipment; and method of Project delivery. 2.2.3 The Architect/Engineer shall review with the Owner and Monroe County's Project Management Department alternative approaches to design and construction of the Project. 26 Packet Pg. 63 C.2.b 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect/Engineer shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 At levels of completion of 25%, 50% and 75% of the Schematic Design Phase, the Architect/Engineer shall provide schematic design studies for the Owner's review and the Monroe 2 CL County's Project Management Department's information. co 2.2.6 Upon completion of the Schematic Design Phase; the Architect/Engineer shall provide drawings, outline specifications, estimate of anticipated cost in accordance with the schematicCU designs, and other documents for the Owner's approval and the Monroe County's Project Management Department's information. 2.2.7 The Schematic Design must be approved in writing, by the Owner prior to Architect/Engineer continuing to the Design Development Phase. 0 2.3 SCHEMATIC DESIGN PHASE REQUIREMENTS CU 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 LLM , 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. 0 The Architect/Engineer shall perform the following design phase tasks: a. Structural Design/Documentation services during the Schematic Design Phase CU consisting of recommendations regarding basic structural materials and systems, analyses, and development of conceptual design solutions for: a predetermined 00 structural system and alternate structural systems. r 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 X conservation, heating and ventilating, air conditioning, plumbing, fire protection, special mechanical systems, process systems, and general space requirements. 2 C. Electrical Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate systems, recommendations regarding basic electrical materials, systems and equipment, analyses, and development of conceptual design solutions for: power service and distribution, lighting, telephones, fire detection and alarms, security systems, electronic communications, special electrical systems, and general space requirements. d. Civil Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate materials and systems and development of conceptual design solutions for: on-site utility systems, off-site utilities work, fire protection systems, drainage systems, sewage treatment, and paving. 27 Packet Pg. 64 C.2.b 2.4 DESIGN DEVELOPMENT/DOCUMENT PHASE 2.4.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect/Engineer shall prepare Design Development Documents for the Construction Manager's review and the Owner's approval. The Design Development Documents shall consist of drawings and other documents that establish and describe the size and character of the Project as to architectural/engineering, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2 2.4.2 At intervals mutually agreeable to the Owner, Construction Manager and co Architect/Engineer, the Architect/Engineer shall provide drawings and other documents which depict the current status of design development for the Owner's review and the Monroe County's CU Project Management Department's information. The Architect/Engineer shall provide an estimate of anticipated cost in accordance with the design development phase. CU r_ 2.4.3 Upon completion of the Design Development Phase, the Architect/Engineer shall provide drawings, outline specifications and other documents for the Owner's approval and the Monroe 0 County's Project Management Department's information. The Architect/Engineer shall provide an estimate of anticipated costs in accordance with the design development phase. CU 2.4.4 The Design Development Documents must be approved in writing, by the Owner prior to CU Architect/Engineer continuing to the Construction Documents Phase. — 2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS To satisfactorily perform the design development phase requirement, the Architect/Engineer must complete the tasks set forth in paragraphs 2.5.1 - 2.5.13. 2.5.1 Floor Plans - This consists of general plans, . overall coordinating plans, and plan enlargements for important and special areas. Data required: CU t- a. Building perimeter(footprint) and exterior wall type, thickness and composition 00 0 fixed. b. Structural grid or system. C. Major mechanical/electrical systems determined and their requirements reflected and indicated on plans. d. Indicate buildings core -elevators, stairs, etc. X e. All internal partitions of appropriate thickness indicated. f. Floor, slab, and level elevations. g. Typical door types. h. Typical partition types. 0 i. Built-in furniture items - special furniture and equipment(early clarification of what is "NIC"and "by owner") j. Larger scale (e.g., W). Key areas, lobby, entries, public plaza, major corridors, special spaces, etc. Required: All surfaces (floor, wall, and ceiling treatments), furniture indication, and layout. k. Evacuation routes identified (to include locating necessary posting of evacuation route plans). 2.5.2 General Elevations a. Total full-height facades including roof structures. 28 Packet Pg. 65 C.2.b b. All fenestration. C. Overall vertical building and floor heights. d. Indicate cross-reference points with sections. e. Indicate setbacks, building profiles, expansion joints, etc. f. Indicate treatment of visible mechanical equipment. g. System impact (precast concrete, stone, panel systems, metal/glass curtain wall, etc.) .properly selected by adequate technical investigation. 2 2.5.3 .Sections CL co Overall Sections - Overall building longitudinal and transverse "building explanation" type. Cn Detail Wall Sections - Largest scale (e.g., %"). Dominate full-height sections conveying CU basic building configuration, to indicate: CU a. Foundation and perimeter treatment. b. Typical wall construction. C. Back-up structure, abutting floor systems. 0 d. Window location and insulation methods. e. Flashing, masonry coursings. CU f. Mechanical penetrations impact(furring, etc.). g. Parapet design. CU 2.5.4 Details - Large scale (1-1/2", 3") as required. Indicate key conditions. a. Window types: divisions, pattern, mullion profiles, vent detail,' glazing type, jamb/head, plan section b. Hollow metal (typical only; keyed to plans and schedules) C. Frame types (typical only; for compatibility and profile) d. Stair types - egress, public, exterior (including railing design) Metal and glass walls, borrowed lights, etc.; for division, profile, and glazing f. Interior partition types (typical only; keyed to plans and schedules) g. Built-in furniture items, receptions, desks, work tops, counters, cabinet types, 00 display cases, recesses, wardrobes, millwork, etc. r 2.5.5 Interior Elevations - Typical and special spaces, interfaced with, and cross-referenced to, floor and reflected ceiling plans. Indicate: X a. Breaks. b. Level changes. C. Pertinent vertical dimensions. 0 2.5.6 Reflected Ceiling Plans - Typical and special space. Integrated plans reflecting structural, mechanical, and electrical impacts. Plans to indicate: a. Lighting layouts. b. Soffits, coves, furrings. C. Skylight locations. d. Ceiling materials. e. Acoustic treatments. f. Heating and ventilating register, diffuser locations. g. Sprinklers. h. Access panels. 29 Packet Pg. 66 C.2.b 2.5.7 Schedules - Schedules to be non-repetitive and comprehensive, with specific keying to floor plans and elevations. a. Interior finishes. b. Doors and frames. C. Preliminary hardware. d. Windows/glazing. 2 CL 2.5.8 Specifications - Comprehensive, abbreviated methods, materials and systems CO descriptions in tune with drawings. Use CSI format with applicable section numbers. Include all consultant portions as well as those special supplementary conditions specific to the project. CL CU 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 CU a. Floor plans at the same scale as the architectural/engineering drawings. b. Typical floor framing plans, including sizing of beam drops, slab openings, CU thicknesses, and depressions. C. Framing indication and governing sizing at: roof structures, penthouse, bulkheads, other. d. Non-typical framing scheme where required: lobby, floors at grade, and other. e. All column points established. f. Final column schedule. g. Preliminary details and sections to adequately indicate structural system. h. Preliminary details of major unique conditions that impact on scheme (as determined by the Architect/Engineer). CU i. Details indicating accommodation with mechanical/electrical at areas of major interface. 00 j. Design development specifications. k. Any necessary recommended adjustments to the preliminary estimate of construction cost. 2.5.11 Mechanical/Electrical Design Development Set X i a. Typical floor plans. Systems representation in diagrammatic (non-detailed) style, major items of equipment indicated their space requirements and interface requirements with other systems. Indicate: major shafts (sizes), chases, mechanical rooms and electric closets, and convector/fan coil locations, etc. b. Required punctures: wall, slab, and beam. C. Terminal plans (lobby, cellar, roof) with items of heavy equipment shown in diagrammatic style, with their space requirements indicated: (1) Boiler/heater spaces (include clear height requirements), (2) Transformer vaults (approved obtained from local utility company), (3) Switchgear, emergency generator, water storage tanks, fire pumps, etc., (4) Roof cooling towers, major air-conditioning and air-handling equipment, packaged units, etc. d. Locations of major roof-air handling equipment: cooling towers, exhaust fans, etc. e. Preliminary details of major and unique conditions that impact on scheme (as determined by the Architect/Engineer). 30 Packet Pg. 67 C.2.b f. Data to be developed in conjunction and in coordination with the project team: 1. Integrated diagrammatic lighting plans indicating all overhead mechanical and electrical equipment for typical floor and special spaces. 2. Cuts and explanatory information for interior visual items such as: louvers, registers, heating/cooling units, and cabinets. 3. Exterior louver requirements and proposed locations. 2 2.5.12 Site Design Development Set CL co a. Building location plan--building tied down dimensionally with pertinent adjacencies, street lines and grades, property lines, required setbacks, easements, rights of way, CU manholes, sewers, hydrants, light standards, etc., interfaced with survey. b. Main entry level datum elevation with key exterior grades at building perimeter. CU 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. 0 e. Indicate areaways, vaults, access to sub-grade spaces. f. Preliminary site and exterior building lighting scheme with identification of fixture CU types. g. Parking area defined with preliminary plotting. CU h. Indication of paths, stairs, ramps, berms, terraces, etc. — i. Plant materials (indication and preliminary schedule). j. Design development details: railings, stairs, ramps, paving types and patterns, kiosks, benches, light standards, others. k. Design development specifications. I. Any necessary adjustments to the preliminary estate of construction cost. 2.5.13 Other Consultants' Design Development Sets As appropriate to the Project. CU 2.5.14 Limitations - The above list of drawings represents, in general, the requirements of the Project. 2.6 CONSTRUCTION DOCUMENTS PHASE X 2.6.1 Based on the approved Design Development Documents and any further adjustments authorized by the Owner in the scope or quality of the Project or in the construction budget, the Architect/Engineer shall prepare, for approval by the Owner and Monroe County's Project Management Department, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. 2.6.2 The Architect/Engineer shall provide Drawings and Specifications for the Owner's and the Monroe County's Project Management Department's review. 2.6.3 Upon completion of the Construction Documents Phase, the Architect/Engineer shall provide Construction Documents for the Owner's and Monroe County's Project Management CU Department's approval. Once approved the Architect/Engineer shall provide the Owner with seven (7) complete signed and sealed sets of construction drawings and four (4) hard copies of the technical specifications and one copy of the drawings and the technical specifications saved electronically in Adobe Acrobat file (.PDF) format delivered on a downloadable CD/DVD. Any and 31 Packet Pg. 68 C.2.b all files used to create the technical specifications need to be submitted saved as an Adobe Acrobat file (.PDF) format, with tabbed and indexed section including but not limited to; technical sections, reports such as, asbestos, geotechnical, soils, paint, and photographs. The Architect/Engineer shall provide an estimate of anticipated costs in accordance with the construction development phase. 2.6.4 The Architect/Engineer shall assist the Owner and Monroe County's Project Management Department in the preparation of the necessary bidding information, bidding forms, the Conditions 2 of Contracts, and the forms of Agreement between the Owner and the Contractors. CL co 2.6.5 The Architect/Engineer's construction documents (plans, specifications, etc.)will conform to all written codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to receive all permits when applied for. If permits are-denied, then the Architect/Engineer will CU conform the construction documents in such manner to receive permits upon such plans. Work required from the Architect/Engineer to conform the documents to federal, state, city, county, or agency specifications and permit requirements to allow them to be approved shall be completed at 0 no charge or cost to the Owner. CU 2.7 BIDDING OR NEGOTIATION PHASE CU 2.7.1 The Architect/Engineer, following the Owner's approval of the Construction Documents and the Architect/Engineer's latest estimate of Construction Cost, shall assist the Monroe County's Project Management Department in obtaining bids or negotiated proposals and assist in preparing 7LM , contracts for construction. 0 2.7.2 The Architect/Engineer shall assist the Monroe County's Project Management Department in issuing bidding documents to bidders and conducting pre-bid conferences with prospective bidders. The Architect/Engineer, with the assistance of the. Monroe County's Project Management Department, shall respond to questions from bidders, and shall issue addenda. CU - 2.7.3 The Architect/Engineer shall, on behalf of the Owner, file all necessary documents required 00 0 to secure all permits. Assistance with securing a development approval will be in the form of providing schematic drawings. 2.8 CONSTRUCTION PHASE -ADMINISTRATION OF THE CONSTRUCTION CONTRACT X 2.8.1. The Architect/Engineer's responsibility to provide Basic Services for the Construction Phase i under this Agreement commences with the award of the Contract for construction and terminates with the issuance to the Owner of the final Project Certificate for Payment including the submission of all project close-out documents by the Architect/Engineer and Contractor. The Architect/Engineer will administer the Owner/Contractor contract as provided for in that document. The Architect/Engineer agrees to perform a project check prior to the end of the warranty period as a part of the contract. The check shall not exceed one working day unless additional time is approved by the Owner. 2.8.2 The Architect/Engineer shall at all times have access to the Work whenever it is in preparation or progress. 2.8.3 The Architect/Engineer shall, as contemplated herein and in the Construction Contract, but not otherwise, act on behalf, and be the agent, of the Owner throughout construction of the Project. Instructions, directions, and other appropriate communications from the Owner to the Contractor 32 Packet Pg. 69 C.2.b shall be given to the Contractor by the Architect/Engineer or Monroe County's Project Management Department. 2.8.4 Upon receipt, the Architect/Engineer shall carefully review and examine the Contractor's Schedule of Values, together with any supporting documentation or data which the Owner or the Architect/Engineer may require from the Contractor. The purpose of such review and examination shall be to protect the Owner from an unbalanced Schedule of Values which allocates greater value to certain elements of the Work than is indicated by such supporting documentation or data, 2 CL 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 co Owner directs the Architect/Engineer to the contrary in writing, the Schedule of Values shall be returned to the Contractor for revision of supporting documentation or data. After making suchCU examination, if the Schedule of Values is found to be appropriate as submitted, or if necessary, as revised, the Architect/Engineer shall sign the Schedule of Values thereby indicating its informed CU belief that the Schedule of Values constitutes a reasonable, balanced basis for payment of the Contract Price to the Contractor. The Architect/Engineer shall not approve such Schedule of Values in the absence of such belief unless directed to do so, in writing, by the Owner. 0 2.8.5 The Architect/Engineer shall carefully inspect the work of the Contractor and shall, at a minimum, inspect work at the Project site once every week. The purpose of such inspections shall be to determine the quality and quantity of the work in comparison with the requirements of the CU Construction Contract. In making such inspections, the Architect/Engineer shall protect the Owner from continuing deficient or defective work, from continuing unexcused delays in the schedule and from overpayment to the Contractor. Following each inspection, the Architect/Engineer shall LM submit a written report of such inspection, together with any appropriate comments or recommendations to the Owner. 0 2.8.6 The Architect/Engineer shall initially approve periodic and final payments owed to the Contractor under the Construction Contract predicated upon inspections of the work and evaluations of the Contractor's rate of progress in light of the remaining contract time and shall issue to the Owner Approvals of Payment in such amounts. By issuing an Approval of Payment to the Owner, the Architect/Engineer reliably informs the Owner that the Architect/Engineer has made 00 the inspection of the work required, and that the work for which payment is approved has reached the quantities or percentages of completion shown, or both, that the quality of the Contractor's work meets or exceeds the requirements of the Construction Contract, and that under the terms and conditions of the Construction Contract, the Owner is obligated to make payment to the Contractor of the amount approved. X i 2.8.7 The issuance of a Certificate for Payment shall not be a representation that the Architect/Engineer has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or; (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.8.8 The Architect/Engineer shall have authority, after notification to the Monroe County's Project Management Department to reject Work, which does not conform to the Contract CU Documents. Whenever the Architect/Engineer considers it necessary or advisable for implementation of the intent of the Contract Documents the Architect/Engineer will have authority, upon written authorization from the Owner, to require additional inspection or testing of the Work in 33 Packet Pg. 70 C.2.b accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. 2.8.9 The Architect/Engineer shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect/Engineer's action shall be taken with such reasonable promptness as to cause no delay in the Contractor's Work or in construction by the Owner's own 2 forces, while allowing sufficient time in the Arch itect/Engineer's professional judgment to permit CL adequate review. Review of such submittals is not conducted for the purpose of determining the co accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractors, all of which remain the responsibility of the Contractors to the extent required by the Contract Documents. The Architect/Engineer's review shall not constitute approval of safety CU precautions or, unless otherwise specifically stated by the Architect/Engineer, of construction means, methods, techniques, sequences, or procedures. The Architect/Engineer's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When 0 professional certification of performance characteristic of materials, systems or equipment is required by the Contract Documents, the Architect/Engineer shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. Architect/Engineer shall take appropriate action on CU submittals within 14 calendar days. The Architect/Engineer shall maintain a tracking log for the submittals which shall include but not be limited to; the submittal as named in the specification, all dates as required for tracking and the status of approval. A copy of the tracking log will be made LLM , available to Owner when requested. 0 2.8.10 The Architect/Engineer shall review and sign or take other appropriate action on Change 'Orders and Construction Change Directives prepared by the Monroe County's Project Management Department for the Owner's approval and execution in accordance with the Contract Documents. Architect/Engineer to take appropriate action within seven (7) calendar days. 2.8.11 The Architect/Engineer shall promptly provide appropriate interpretations as necessary for 00 0 the proper execution of the work as long as there is no change in Contract price. r 2.8.12 The Architect/Engineer shall require inspection or re-inspection and testing or retesting of the work, to include architectural/engineering, structural, mechanical and electrical engineering portions of the work, in accordance with the provisions of the Construction Contract whenever X appropriate. U 2.8.13 The Architect/Engineer, assisted by the Monroe County's Project Management Department, shall conduct inspections to determine the dates of Substantial Completion and the date of Final Completion. The Architect/Engineer shall submit to the Owner a list comprised of incomplete and/or unacceptable items required by the Contract Documents to include architectural/engineering, structural, mechanical, and electrical engineering portions of the work. The Architect/Engineer shall forward to the Monroe County's Project Management Department warranties and similar submittals required by the Contract Documents which have been received from the Contractor.The Architect/Engineer shall issue a final Project Certificate for Payment upon compliance with the requirements of the Contract Documents. CU 2.8.14 The Architect/Engineer shall interpret and decide matters concerning performance of the Contractor under the requirements of the Contract Documents upon written request. The 34 Packet Pg. 71 C.2.b Architect/Engineer's response to such requests shall be made with promptness and within seven (7) days of receipt of request. 2.8.15 Interpretations and decisions of the Architect/Engineers shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings and submitted on proper Construction Change Directives. 2.8.16 The Architect/Engineer shall render written decisions within a reasonable time on all claims, 2 CL 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. co 2.8.17 Duties, responsibilities and limitations of authority of the Architect/Engineer shall not be restricted, modified or extended without written agreement of the Owner and Architect/Engineer. CU 2.8.18 The Architect/Engineer shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due and (2) as a Basic Service at the Owner's direction from time to time during the correction period described in the 0 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, CU without additional compensation. 2.8.19 The Architect/Engineer shall transmit to the Owner all manuals, operating instructions, as- built plans, warranties, guarantees and other documents and things required by the Construction Contract and submitted by the Contractor. LLM , 2.8.20 The Architect/Engineer shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect/Engineer shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. The Architect/Engineer shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the 00 work. r 2.8.21 The Architect/Engineer shall testify in any judicial proceeding concerning the design and construction of the project when requested in writing by the Owner, and the Architect/Engineer shall make available to the Owner any personnel or consultants employed or retained by the X Architect/Engineer for the purpose of reviewing, studying, analyzing or investigating any claims, +sI contentions, allegations, or legal actions relating to, or arising out of, the design or construction of the project. Testimony will be provided as part of the basic services when in defense of claims for actions of the Architect/Engineer, unless otherwise prevented by counsel of the Architect/Engineer and which time it would be subject to subpoena. For other claims against the Owner, the Architect/Engineer will do this under an expert witness with compensation. 2.8.22 The Architect/Engineer shall review any as-built drawings furnished by the Contractor and shall certify to the Owner that same are adequate and complete. 2.8.23 The Architect/Engineer shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Architect/Engineer or its consultants, or both. 35 Packet Pg. 72 C.2.b 2.8.24 The Architect/Engineer must reimburse the Owner for any added costs paid by the Owner during construction that were incurred as the result of any omission, deficiency, or conflict in the work product of the Architect/Engineer, its consultants, or both. This added expense is defined as the difference in cost from that which the Owner would have paid if the work was included in the bid, and the actual cost presented by the Contractor. 2 CL co CL LM CU t 00 r 04 Uj X Uj i r- 0 U 36 Packet Pg. 73 C.2.b ATTACHMENT B CONSULTANT'S HOURLY RATES Bender&Associates Architects 2 CL ProjectManager..........................................................................................$240/hr E co Principal Architect.......................................................................................$180/hr CL Registered Architect....................................................................................$150/hr DesignAssociate..........................................................................................$120/hr Administrative Support.................................................................................$90/hr o Atlantic Engineering Principal.......................................................................................................$186/hr �- 0 r- AssociatePrincipal.......................................................................................$172/hr ur Senior Project Engineer...............................................................................$159/hr 0 Project Engineer/Project Manager..............................................................$140/hr Engineer/Structural Designer......................................................................$128/hr CU CADD/BIM Technician...................................................................................$99 hr �- 00 Administrative...............................................................................................$70/hr r HNGS Engineers x Principal.......................................................................................................$175/hr U Engineer.......................................................................................................$135/hr 0 CADTech.......................................................................................................$75/hr Perez Engineering Principal.......................................................................................................$195/hr U CADDesigner...............................................................................................$100/hr Packet Pg. 74 C.2.b PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES i LOBBYING AND CONFLICT OF INTEREST CLAUSE i SWORN STATEMENT UNDER ORDINANCE N0.010-1990 MONROE COUNTY, FLORIDA 0 CL ETHICS CLAUSE co { Cn EL Bender&Associates Architects, P.A. (Company) CU ° } warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may,in its discretion,terminate this Agreement without liability and may also, in its discretion,deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage,gift,or consideration paid to the former County officer or employee". uj ur (Signatu Date: �o>::S'.l8 L- Q) a STATE OF: 00 (DftC�C�. } COUNTY OF: M615mr. , Subscribed and sworn to(or affirmed)before me on, 00011W 5.,Q0%`6' ,(date)by (name of affiant). He/She i. psonallyuj er X uj `knowrn o me or has produced as Ui U identification. (type of identification) 0 { { NOTARY PUBLIC •�3�+•"i .; AYN!.E'+'dl6 My commission expires: Jr"�^�®•L1 -Comulission N Gi`111U1 i Expires May 7,7n:1 { /f r`• BO,MaMI IUw I f.N I aw lu:.r,.,:u�•IUIII:A1b 1019 U 1Crj 7 Packet Pg. 75 C.2.b PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES l NON-COLLUSION AFFIDAVIT 1 1, David Salay of the city of Key West according to law on my oath, and under penalty of perjury, depose and say that: 1. 1 am Vice President L CL l of the firm of Bender&Associates Architects co the bidder making the Proposal for the project described in the Request for Qualifications for: Professional Architectural and Engineering Services and that I executed the said proposal with full authority to do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, E communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have CU I not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; andCU 4. no attempt has been made or will be made b the bidder to induce any other person, — i partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in aw g contracts for said project. 1 (Signature of. ' :s ondent) (bate) STATE OF: 00 0 COUNTY OF: � PERSONALLY APPEARED BEFORE ME,the undersigned authority, j,.,dl ilea _ wi who, after first being sworn by me, (name of individual signing) affixed his/her signature in the X space provided above on this day of 6c pkwi' 20 Nq . Ui i I NOTARY PUBLIC ilsi,,L1 • ��.y AYN LEWIS - - .j,.' COMM1 10rt#00100177 as E1008 M0y Z 2021. i ea;eocrfnuTrw Film MIUMncoeta3etrroto My Commission Expires: I U Packet Pg. 76 C.2.b j PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES i DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Bender&Associates Architects (Name of Business) I 2 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, CL possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. co a) Cn CU 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of EL maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse CU violations. 3. Give each employee engaged in providing the commodities or contractual services that are o { under bid a copy of the statement specified in subsection(1). CU 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or noloCU contendere to, any violation of Chapter 893(Florida Statutes) or of any controlled substance law of } the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. i 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or j rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above 00 0 requirements. i Respondent's Si g ..:.a re UJI Date 0 NOTARY PUBLIC AYN LEWIS COmm16010 q GG 10017T Ezplree May 2,2021 M Commission Expires: _ 5 a- Pe lQA •.P,�1.•� @ondaATAroTroyFalntnwnnce6bQ,�8�70) , I I a� Packet Pg. 77 e� C.2.b i PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES Respondent's Insurance and Indemnification Statement Insurance Requirement Required Limits i 2 Worker's Compensation Statutory Limits 2 CL Employer's Liability $1,000,000/$1,000,000/$1,000,000 co General Liability CrJ $1,000,000 Combined Single Limit Vehicle Liability $300,000 Per Occurrence CU (Owned, non-owned and hired vehicles) $200,000 Per Person $200,000 Property Damage Or$300,000 Combined Single Limit 2 _Architects Errors and Omissions $1,000,000 per occurrence CU i $3,000,000 aggregate jCU 1 0 Indemnification, Hold Harmless and Defense. The Consultant covenants and agrees to indemnify, hold harmless and defend Monroe County, its Commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorneys' fees, costs and expenses, which arise out of, in connection with, or by reason of services provided by the Consultant or any of its Subconsultant(s) in any tier, occasioned by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, or its Subconsultant(s) in any tier, their officers, employees, servants or agents. In the event that the completion of the project (to include the work of others) is delayed or 00 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. 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 i Consultant shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00)of X remuneration paid to the Consultant is consideration for the indemnification provided for above. +sI The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. k L f I 4 } U s ...i Packet Pg. 78 C.2.b l -� PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES RESPONDENT'S STATEMENT lun derstand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. 0 'Voirn" "I A CL Respondent Signature co l = INSURANCE AGENT'S STATEMENT. CL jI have reviewed the above requirements with the bidder named below. The following deductibles CU apply to the corresponding policy. POLICY DEDUCTIBLES Professional Liability $15,000CU 1 i General Liability 0 CU Auto Liability 0 Umbrella Liability $10,000 i Employers Liability 0 0 I Professional Liability Liability policies are X Occurrence X Claims Made CU I Collinsworth Insurance&Roisk Management Services (utt*z �2 00 ' Insurance Agency Signature Print Name: Erinn E.Collinsworth LU x LU 1 U 0 i J U i . 1 Packet Pg. 79 C.2.b - PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES i PUBLIC ENTITY CRIME STATEMENT I ► "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a > 2 public building or public work, may not submit bids on leases of real property to public entity, may CL not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under 1 a contract with any public entity, and may not transact business with any public entity in excess of co the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." CU 1 I have read the above and state that neither Bender&Associates Architects (Proposer's name) CU I nor any Affiliate has been placed on the convicted vendor list within the last 36 months. - ,I ,;., a� (Signature) J U } Date 0 STATE OF: COUNTY OF. 0 Subscribed and sworn to(or affirmed) before me on the. - day of 2018 by 15runtewis (name of affiant). He/She is er b 6IIy-known: ,mele i or has prod ced (type.: cation)as identification.. i00 i My Commission Expires: 5•a-aoal i Apia' T AYN LEWIS uj COln1n10910n#GG 100177 X NOTARY PUBLIC y w 8ExpiresMay2,2021 $;Ta OW Thru Troy Fein inUM=81*365.7019 U 1 . r 0 i l i I � Packet Pg. 80 . 1 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS I Project Description(s): Professional Architectural and Engineering Services Respondent Vendor Name: Bender&Associates Architects,P.A. 2 CL Vendor FEIN:. 65-0233075 I i W Vendor's Authorized Representative Name and Title: Bert Bender,President and Principal Architect Address: 410 Anaela Street CrJ � City: Key West State: Florida Zip: 33040 CIL Phone Number 305-296-1347 Email Address: infoRbenderarchitects.com CU 1 J Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or Is engaged in a Boycott of Israel. Section 287.135, Florida Statutes,also prohibits a company from bidding on, submitting a proposal for,or entering into or renewing a contract for goods or services of$1,000,000 or more,that are on either the Scrutinized Companies with uJ Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector — j Lists which were created pursuant to s.215.473, Florida Statutes, or is engaged in business operations in ! Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that 0 Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have 00 submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the I Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in f business operations in Cuba or Syria. uJ l x uJ ! l Certified By: David Salay who is authorized to sign on behalf of the above r'„�[ended company. Authorized Signature: - Print Name: DA`v'ID J: Af:�: Title: { l Note:The List are available at the following Department of Management Services Site: l httpalwww.dms.m _lorida.com/business_operations/state ourchasinglvendor iriforrnation/coriyicted_sus� ended discriminatgry comolaints_vendor lists CU 7 I 3 I Packet Pg. 81 C.2.b Bender& Associates Architects Licenses RICK SCOTT,GOVERNOR KEN LAWSON,SECRETARY "y";STATE OF-IF I:ORIOA - -�.� --DEPARTMENT'OFBUSINESSANDPROFESSIONAL:REGULATION -•,., ,;;BOARD_OFARCHITECTURE&INTERIORDESIGN- �i I r -j'AAC002022'`- °'+ `*• `"tom- -" ,. 7heARCHITECTCORP.ORATION— -' � -•-� '' Named below ISCERTIFIED ' UndCL -Expeeejherp'roulsions oi0hapte!481 F5 �� ,4� r yk`L tT-j•� FEH 2B 2019�m� � ��'� , -�.,ti. t +,'_ BENDER 3 ASSOCIATES ARC I SECT$PA E.✓s'r410ANGELACrj ST� CL ISSUED: 1211312016 DISPLAY AS REQUIRED BY LAW 6E09 L161213rA01099 Crj L RICK SCOTT,GOVERNOR _ KEN LAWSON.SECRETARY '- � �—_ •�"— _ `_- -STATE OFFLORIOA�� -� _ � - �•I 0 :! DEPARTMENTOFBUSINES§AND PROFESSIONAL-REGULATION , BOARD OF-ARCHITECTURE&INTERIOR DESIGN Crj r- ~ - The ARCHITECT Named 4elow IS LICENSED .k w x`i V} UndertheprovtslDnsDfChaTr48TFS '".�'°��"•+'`- _ � - °� Ig _Expiratloa.d2te FE628,-2019 - cS i ;.. 1uj 1 y r BENDER BEmu �" L ISSUED 12113.2016 DISPLAYAS REQUIRED BY LAW seo o u012130coos71 RICK SCOTT.GOVERNOR KEN LAWSON,SECRETARY STATE OF FLORIOA77 DEPARTMENT OF BUSINESS'AND PROFESSIONAL REGULATION_ BOARD OF ARCHITECTURE&INTERIOR DESIGN'-" f Crj 00 _The ARCHITECT. Named below:IS LICENSED x I (:`:Under the proylsions of Chapter 481 FS -Expiratlomdate FEB28_2019 - ` y SALAY DAVIDJAAIES KEY WE5TN LFL 3300 ,��v q ~, ran uj uj Am. ISSUED: tU1P.2016 DISPLAY AS REQUIRED t3Y LA' sE�ox L1011ZS0001310 0 RICK SCOTT.GOVERNOR MATILOE MILLF•R.INTERIM SECRETARY f"----'` — ,•* — : ;. _ STATE OF FLORIOA DEPARTMENT OF SUSINESS'AND PROFESSIONAL REGULATION }� BOARD OEARCHITI CTURE'&INTERIOR DESIGN � ! I ;The�RG)II.TECT .---�•�"�'°�e•', �: ,. 5,� +s Underlhe proylsions o_f.Chapter 481.F5 �.a 4 EpOaton date FEB 2872019 7 4 i BURKEF ROGERS RAVEN -"." - � \�. '6�+ .;,. l 417 CATHERINE STREET ry s 5 4 uCu ��'"fCE1',IAEST,..-r,�'�_•^-'FL�40 -'�� ,`,.'w,'�,',,• a�`'��q ro,y4.,y �,/'r•"":'' '�'.��'�.�`d'- `"'"'�'.'�``��.�:'� "''�'-`+ pit a'` r1`•��q'11 k 1 ��' -r z� '�-.",.r^s._"...,-^' - •.� .�'L�_ l�:s re w�,tir `"e,'ti:�,L,�_1 ..�'�"-s\; ISSUED: 041112017 DISPLAY AS REQUIRED BY LAW SE09 L1701110001022 Packet Pg. 82 C.2.b State of Florida Department of State 2 CL I certify from the records of this office that BENDER& ASSOCIATES ARCHITECTS, P.A. is a corporation organized under the laws of the State of Florida, filed on December 19, 1990. The document number of this corporation is S 19736. I further certify that said corporation has paid all fees due this office through CU December 31, 2018, that its most recent annual report/uniform business report was filed on January 11, 2018, and that its status is active. CU I further certify that said corporation has not filed Articles of Dissolution. LM Given under any hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this 00 the Twenty-fifth day of January, 2018 Y x 0 Secretary of State Tracking Number:CU6367630957 To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. U https://services.sunbiz.org/Filings/CertificateOfstatus/CertificateAuthentication Packet Pg. 83 Subconsultant Licenses at State of Florida S ;a t +a 1 a Department of State CL Boar r ssip al E 311eers } -- Rtoto t t eo 1 certify lime,lime, _the rds f thus office that ATLANTIC -,^r II.R: LCY.ASStiC1:1tC6,IRC ENGINEERING SERVICES OF JACKSONVILLE a a Fictitious Name t) FBPEregistered with the DepartmentofStele on Febnmry 23.1999. 1 d/b/ A L I J'?1dt7 NG,5E 'O f CKSO [ Crj The Registration Number of this FsctstiousNatne is G99054900081. I thorized mmder ttiep wea 'S. f` wtu to one,engin dag eezHa the publl titto gL.aP f i t7E eerudp', and Ch pt 471 Florid'St titiee. I funkier eertify that sad Fietitiaus Name Registration is active. do..2/26/2D19, - CA Lic:N r 1 further certify that said Fictitious Name Registrehon filed a removal on t) A dit N T28T01908631 A _ 791'.' I Decemberres 18,2014,and expi on December 31,2079. } tate of �o�rid'a Boar�of Mkofeolial Erlg neers ss� c ,mr A e�e..um�ee r t Ane is tkt.*L CU mm�ewn ay jnreo„e�.,iolr + Mark"A- e Keister2 P FI 1 J y 1 BPE ! Secretary onte 1 Is licensed as a"Profess 0naltEaglneer wader Ch pier 471 Flo[1da Statutes ,7 + E p ti 2/1B/20t9,�1 tZ "J s.bm:w spmrseem tut+axostwmxt A wit No zze2sluw66s s1 SPE67Al dN9I':ECTOA 3743fi 07J4'- ;: r. „„ .;,m a mam. Uj �,j 4 r 1 � hltPeJlAh.mhizory/mf.utbmAtml >` 3 Stag eers. ' HufseyNiarti�•11a mategPE q � t s i� 7 ttiotiied d ihe;p,oylsi o 9e 71'.. 'tam e Crj t ff -giri d gee iiioee 00 to th P till th g1h Piof ssio,L 'dn d Cg p er 471,Tbda Set t Eap a .. ni 2/Z8/2019 CA I3c:'Noi A dIt N 228201900914 R " 444 04 yyUj Sate _of FloridaUj Board of ProfessioualEngnee'rs +a' } r o'Att sts that a.`._ AnthonyA Sch171z,PEa FBPE t; Is licensed as,a;Profese ii 1.'eer lindat Chapter 411,Florida Statutes E pi o en 2/28/2019 `�t'' f' •�',Y% PE Lie.No: !✓ A d•t No:,228201911664-R 60762 i I StateoyY t F � rida � e , Board o£P.rofesslonaEngtneers U }' a. Att its tni -• - _� tiBdvl O Crj Cei a P E4 j FBPF j f. Te•llcensed as a'PtofeseipnaI Engit7eet der Chapter 471,Florida Statutes' N. 1 Audlt Nt 228T019-46li Packet Pg. 84 0 CL eo CL Crj ,. Cu ;C1( :`. - Minor.1-ty. Biisiness. Certification Hufsey Nicolaid es G=arch .Suarez Associates, Inc. $a R6 �?nIod fro . 11/09/20-6 11 2®100 8 . 4 .0 04 (3�'1 LIl]7UES�1R�� 711L14EJI�" ., f . uj uj `-, _ -- :Pltiec�n Dnpartmr-n4t}�['i�eLn�elrml�aet.�� rn�- I 49tfi��of;5uppller Dtverslty 4dSQspLan�de tira!ayulte 9 iL°�jI31a#bass ,FL 3`L3 `+u [�4�$ +,t5 ;ti� i�°udrn5. trium'lflsi I u Packet Pg. 85 C.2.b AC" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYW) `� 12/10/2018 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: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS 1fVAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: E Collinsworth Ins & Risk Mgmt Services In PHONE Erinn E Collinsworth FAX P.O. Box 661628 A/c No Ext: (786) 930-4795 A/c No:(786) 930-4794 y Miami Springs FL 33266 A DRESS: ' erinn@coll'insworthinsurance.com L_ INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:The Phoenix Insurance Company 25623 INSURED (305) 296-1347 INSURER B:Travelers Ind Cc of CT 25682 Bender & Associates Architects, P.A. U} INSURER C:Travelers Cas & Surety Cc 19038 410 Angela Street INSURER D:Travelers Ind. Co. 25658 Key West FL 33040 INSURER E:RLI Insurance Co. 13056 INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 2533 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. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS O 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. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCEINSD WVD POLICY NUMBER IMMIDDIYYYYJ (MMIDDIYYYY) LIMITS cri A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE F_x]OCCUR Y 660-8178X318 02/10/2018 02/10/2019 PREMISES(Ea occu r nce) $ 300,000 cri MED EXP(Any one person) $ 5,000 4— PERSONAL&ADV INJURY $ 1,000,000 O GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO- JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 0 B X ANY AUTO Y BA-8179X155 02/10/2018 02/10/2019 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS i HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY Ix AUTOS ONLY Per accident $ $ u} D X UMBRELLALIAB X OCCUR CUP-4K489840 02/10/2018 02/10/2019 EACH OCCURRENCE $ 2,000,000 CU Fes- EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 00 DED X RETENTION$ 10,000 $ i WORKERS COMPENSATION PER OTH- C AND EMPLOYERS'LIABILITY YIN UB-OK19775 02/10/2018 02/10/2019 X STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S 500,000 OFFICER/M EMBER EXCLUDED? �N NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 l If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 5001000 UJI X E Professional Liability RDP0027805 02/10/2018 02/10/2019Each Occurrence $ 2,000,000 UJI I Claims Made Basis Annual Aggregate $ 3,000,000 i DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) If required by written contract, Monroe County Board of County Commissioners is an additional 0 insured, excluding professional services, on the General & Auto Liability. IAV B RIS 'AGEI"TmYDA WAIVER W YES— CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE U THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CU ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners Attn: Project Manager 1100 Simonton St., AUTHORIZED REPRESENTATIVE Room 2216 Key West FL 33040 1yV� 1YndLY1tV` ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1 Packet Pg. 86 C.2.c September 1, 2020 `U CL Cary Knight CU Tom Henry CU Director, Project Management Monroe County Public Works & Engineering 1100 Simonton Street, 2-216 CU Key West, FL 33040 Cn M RE: East Martello Sitework - Phase 3 LIJ ,I, 0 a Dear Cary and Tom, Thank you for asking us to work with you on Phase 3 of the Sitework for the East Martello property. 0 As I understand the project, you would like to proceed with Phase 3 of the Sitework for the East 10 0 Martello. The following scope of work is anticipated: CU a) Update the existing topographic survey of the Fort Courtyard, including utilities. Document the t existing grade elevations at courtyard.This is required for the regrading work. b) Address the drainage issues at the Fort's courtyard.Trace the current drainage system. Design and install a new drainage system. Regrade the courtyard as required to move moisture away from the building. Remove the existing pedestrian path and install a new path using pervious rubber paving material typically used by the City of Key West. Remove the existing path lighting. Remove the existing contemporary concrete tile stage at south side of Citadel. Install additional Christmas tree palms at the courtyard for future lighting. en CL c) Improve drainage at the Fort exterior, especially the north and NW sides. Route the stormwater away from fort's exterior walls at the north and west side, perhaps with a new swale. Tie into existing CL drainage systems created for Phase 1 and 2 as required. d) Improve current drainage at NW corner of fort, coordinate design with Phase 2 drainage project CO a) design. Cn CU CL e) At the existing Primary"Learning/labeled"flower bed treatment - prune, remove some plantings, keep mature established plantings, remove plantings along exterior walls, install 'slab' coral o bench. en f) At the existing Secondary"Anchors" flower bed east of ADA ramp—prune, remove some plantings keeping mature, established plantings, remove plantings along exterior walls. CU If funding is available, the following additional alternate items will be addressed.These items will be Cn CU priced as Add-Alternates in the drawings. We will complete design 410 Angela Street LIJdocuments for the following, so they can be constructed now, or at a Key West Florida 33010 later date: Telephone (305) 296-1§4 Facsi taile. (305) i) -r 2 u_ Floriala.rcensc A 1C 11f)2022 a) Install Christmas palms at corners of Citadel. ,,,$ Br, ,{, r+rcltitects. cac U Packet Pg. 87 C.2.c East Martello Sitework Phase 3 Updated Sept 1,2020 Page 2 of 5 CU b) Improve exterior lighting between fort west exterior and parking lot. CL CU c) Design fence along South Roosevelt Ave. sidewalk using existing anchor chain pile located east CU side of fort. d) Install a new layer of soil at Pines Park. Soil must be good quality for turf. Add soil as required to raise to a level 2" below existing concrete slabs at picnic tables. CU e) Design underground burial or raise existing electrical conduit along exterior courtyard north CU LU wall. 0 f) Design a multi-use (concrete or rubberized paving) path or sidewalk from South Roosevelt Blvd. and Faraldo Circle to the new pedestrian gates to be installed in Phase 2 construction. g) Install fill as required to correct the erosion/undermining of soil under fort slabs of south 0 building in the Courtyard, adjacent to the existing ramp. h) Connect existing flowerbed path to existing ADA ramp system. CU i) Remove small section of modern landscaping block retaining wall at the ramp and replace with t coral rock retaining wall. Match adjacent wall. j) Remove the existing inoperable water feature at the west side of the Citadel. I The project team will include: Architectural Services: Bender&Associates Architects Survey update:Avirom, Inc. Civil Engineering: Perez Engineering and Development, Inc . Landscape Architecture: Community Solutions Group, Inc. Cn Electrical Engineering:TLC, Inc. CL Each of the consultants have submitted detailed proposals for this work. Bender&Associates has added CL 10% onto these proposals for coordination. co It is important to note that no site permitting with SFWMD, FDEP, or FDOT are anticipated for this work, CU nor are permits included in this proposal. If the Building Official determines that the above additional CL permits are required,the County will pay for the cost. 0 This Proposal shall include a complete design package including, but not limited to: Field measurement of the existing building and site. en A set of Construction Drawings and Technical Specifications, with as many signed and sealed hard copies and PDFs as required for permitting. CU Permitting assistance, including submittal of documents to the State of Florida DHR and the CU Monroe County HPC. Construction permitting will be through Monroe County. LU Bidding support services, including pre-bid meetings and Addendums. Construction Administration services, including weekly jobsite meetings, Information Bulletins, Payment Application approval, and closeout documents. Q) U Packet Pg. 88 C.2.c East Martello Sitework Phase 3 Updated Sept 1,2020 Page 3 of 5 All Drawings and Specifications shall be sufficiently complete and correct as required to obtain all CL permitting for the project and shall meet all applicable codes and requirements. The East Martello is a CU significant historic resource in Key West and Monroe County, and as such, all work is required to be in CU compliance with the Secretary of Interior's Standards for Rehabilitation and any other requirements of the State Division of Historical Resources. The project will require approval from the Monroe County Historic Preservation Commission (HPC). CU Cn CU The project will also require supervision by a qualified archaeologist, due the excavation inside the LU 4- courtyard of the Fort. It is assumed that the County project management staff,which are trained in 0 r- archaeological monitoring, will provide this. Construction costs for this project can be estimated as follows. NOTE:These cost projections are for 0 planning purposes only. Costs can vary widely due to variations in design, local, state and national market conditions, windstorms, inflation, and other influences. We are not providing cost estimates for 0 the alternates, as they likely will not be completed at this time. CU Task A: Complete the topographic survey of the Fort's Courtyard. Included in design fees. Included in design fees. �I Task B: Regrade Fort Courtyard and add exfiltration trenching 580 ft of exfil trench. @ $265/I.f. $153,700 15,500 s.f. of regrading @ $3.80/s.f $ 58,900 New Pervious paving walkways at Fort interior Courtyard 2500 s.f. @ $14.00/s.f. $ 35,000 CL CL Task C and D: Regrade drainage at area NW of Fort J 7,200 s.f. @ $3.80/s.f. $ 27,360 300 ft of new exfil trench @ $260/I.f. $78,000 co Task E & F. Upgrade and prune landscaping at Fort interior Courtyard CL (estimated cost,this can vary greatly based on the density of landscaping). 0 New paths. Remove landscape within 24" of building. Landscaping: 2,200 s.f. x$13.50/s.f. $ 29,700 Cn Task H: Replace existing gravel path and install new Pervious paving walkways CU at Fort interior Courtyard 600 s.f. @ $12.00/s.f. $ 7,200 Cn CU LU SUBTOTAL: $389,860 Contractor Overhead, Bonding and Insurance P 25% $97,465 CONSTRUCTION TOTAL: $487,325 U Packet Pg. 89 C.2.c East Martello Sitework Phase 3 Updated Sept 1,2020 Page 4 of 5 Cn We used the State of Florida Department of Management Services Fee Guide Calculator for Architecture CL and Engineering Services to determine the recommended fee for this work.The fee is$60,916, based on CU a construction scope of$487,325, and a total grant amount of$550,000. CU I have estimated Bender&Associates design fees as follows. CU Project Staff Intern Admin. Cn Task Description Manager Architect Architect Assistant CrJ LU Site measurement 8 LM Design (coordinate with County and KWAHS) 4 20 Submittal to HPC/State DHR coordinator 2 �0_ L_ Meeting with County Project Management to 2 2 finalize design 0 Architectural construction documents: Cover 45 sheet,Site Plan, Details,Survey, Specifications 8 3 Bidding and permitting, pre-bid meeting 3 24 1 �I Bid evaluation&recommendation 2 1 Construction phase:8 site visits @ 3 hours 3 21 J I RFI's,submittals,issue information bulletins(6 2 12 weeks at 2 hours) 0 CL Total Hours 16 142 0 4 CL $/hour $180 $140 $100 $80 J Labor cost $2,880 $19,880 $0 $320 co a) Total B&A Labor Cost $23,080 CL Perez Civil Engineering Labor Cost $10,725 0 New Avirom topo survey of Fort inner Courtyard $16,331 Electrical Engineering (TLC, Inc.) Labor Cost $10,780 U) 0 TOTAL $60,916 LU In addition to the above, we estimate reimbursable expenses to be$1200. We propose to provide all the required services for a lump sum fee of$62,116. U Packet Pg. 90 East xartellositewurk Phase a Updated Sept 1,2020 Page sms CL We propose to distribute the fee asfollows: Existing conditions and design drawings 3S%..................................................�I1,74U 1CU Construction Documents 3S%..................................................�I1,74U Bidding Phase S%..................................................�3,1U6 Construction phase contract administration IS% ----------------.$15,530 CU CU Please call if you have any questions. LU Sincerely, CU David] 3a|ay, Architect Ci a CL CL CO