Item C15 BOARD OF COUNTY COMM[SSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 16,2013 Division: Public Works/EngineenLng
Bulls Item: Yes XX No _ Department: Project Management
Staff Contact Person/Phone#: David R Hili X4416
AGENDA ITEM WORDING: Approval of a Third Amendment to Contract with MBI/K2M
Architecture, Inc. for a final fee adjustment for the Architectural/Engineering Services for the
Renovation of the Monroe County Courthouse in Marathon. This cost is funded through the one-cent
infrastructure tax,and the Judicial Court Facilities Fund.
ITEM BACKGROUND: In accordance to the original contract with MBUK2M Architecture, Inc.,
compensation to the Architect will be adjusted when the actual construction cost is known, in
accordance with the State of Florida Department of Management Services, Division of Building
Construction Fee Schedule for Architectural and Engineering Services.
PREVIOUS RELEVANT BOCC ACTION: On April 16,2008 the BOCC approved an Agreement
for Professional Services for the renovations of the Marathon Courthouse utilizing the Annual Contract
for Professional Services. On February 18, 2009 a First Amendment to the Agreement for the
Marathon Courthouse Renovations was approved to retain a Civil Engineering Consultant to prepare
storm water calculation/analysis and sanitary sewer calculation/analysis. On May 18, 2011 the BOCC
approved a Second Amendment to the Agreement increasing the fee based on the initial construction
cost of$835,775.00.
CONTRACT/AGREEMENT CHANGES: Increase the final Architectural/Engineering fee from
$76,362.00 to$99,369.00,based on 8.43%of a negotiated final construction cost of$1,178,505.
The actual final construction cost is$1,303,105.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST:$99,369.00INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: SOURCE OF FUNDS: Fund 304&Judicial
REVENUE PRODUCING: Yes_ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty e OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
Revised 7/09
MONROE COUNTY BOARD OF COUNrY COMMISSIONERS
CONTRACT SUMMARY
Contract ith, l Atchitecture Contract
Effective late. t0116113
Expiration Date,
Contra t P u" s �iption:
dita t the basedon the actual constructi ost.
Contract Manner: i r � X4439 Profit 1
for BOA meeting on 10/16113 Agenda,Deadline: 10/0111
CONTRACT COSTS
I
Total DoHar Value of Contract: $ 99,3,69.00 Cunmat Year Portion: ,007
Budgeted? es o Ell Aceount 'odes; 3 - - QU2 i 310
County Match. $ -7
ADDfTIONAL COSH
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THIRD AMENDMENT TO
AGREEMENT BETWEEN OWNER AND ARCffiTECT/ENGINEER
THIS THIRD AMENDMENT (herein after "AMENDMENT") to the AGREEM W
BETWEEN OWNER AND ARCHITECT/Emumm C AGREEMENT") for the Marathon
Courthouse Renovation Project, entered into between MONROE COUNTY ("Oamer") and
ima2M ARCHITECTURE, INC. ('-Architect") is made and entered into this i e day of
October,2013,in order to amend the AGREEMENT,as follows:
wITNESSETH
WHEREAS, On May 19, 2004, the parties entered into an Annual Contract for Architectural
Services for projects consisting of remodeling, roofing, ADA Compliance, or renovations of
buildings and other capital renovations in which construction costs do not exceed$1,000,000.00;
and
WHEREAS,the Annual Contract for Architectural Services was renewed on May 18,2005,May
16,2006,April 18,2007,and extended on June 18,2008 to finalize pending projects;and
WHEREAS, on April 16°i 2008, the parties entered into an Agreement for
Architectural/Engineering services for the interior and exterior modifications of the Marathon
Courthouse;and
WHEREAS,on February 18,2009,the parties entered into a First Amendment to the Agreement
to retain a Civil Engineering Consultant to prepare storm water calculations/analysis and sanitary
sewer calculations/analysis;and
WHEREAS,on May 18& 2011,the parties entered into a Second Amendment to the Agreement
adjusting the Architectural fee based on the initial construction cost; and
WHEREAS, a Contract Amendment for Additional Services was authorized by the Director of
Project Management for design modifications mainly for the Beating, Ventilation, Air
Conditioning(HVAC)System;and
WHEREAS,in accordance to Article 8.1.1 (A)of the Continuing Contract dated May 19,2004,
and Article 2 of the Agreement for Professional Services dated April 16,2008, compensation to
the Architect will be adjusted when the actual construction cost is known,in accordance with the
State of Florida Department of Management Services, Division of Building Construction Fee
Schedule for Architectural and Engineering Services;now therefore.
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as
follows:
1
Marathon Courthouse Renovations
l m Ow= and Architect agrec that some added const incunvd due to.
unforescm condifictis at applicable to the, ltit t'a scope of res arsiltilil , such as,
asbestos and mold abatement, The cost for the additional serviom is T
lb . ,0 .
" Owner gmd Archilectagreeto a negotiated Construction for AmJuteeftwal Fee on
the �i ,t of One Million, One Hundnd Seventy-Eight1 Hundred;
Fie Do ( 1,178, 05.00). The total ambit ambiteLtral he for the projoet is Ninety-Nize
Mmusand,Three Hundred Sixty-Nine Doll $ ,369.00).
. Owner d Archited agree that punuant to the State of Vkmida Departrnant of
Fee Quiffs 'al r, Civil-Eqginecring Design for Stonn"Dater
Mmagement serviom are c w dotal to b 'c onvocs and are not included
within the basic fee(sue attachedState of Flod4 Fee Guide cakula;tor an,Exbibit"NJ,
4. The ` " of dmAGMhWW.not inconsistent herewW 1 11 retftaia in WIJ
GD "
IN WITNESS WHEREOF, the parties her eto,have executed this ant on the ors stated
""
above. t th a to bind dw entity.
VI 11' ,C'PA BOARD OF COUNTY COMMISSIONERS
By: T
Deputy cle& MayorkUirman
(SEAL) AKCHrrECT
Attest, MBI/KZM ARCfflTFCME,INC.
YM r.. "
Witneas 1: BY:
Print Name
Print Noza
I 4xm
Data ,4,,2 MONROE COUNTY ATTORNEY
t
Witness 2:
172
t1^t PPR'IO' �".
e:, 4 F :
L kwGTY ATTOlRNEY
.. �o s d
2.
Marathon Courthouse Renovations
EXHIBIT "A"
Fee Guide Calculator
For Architectural and Engineering Service
-w.
State of Florida,Department of Management Services
Version Posted:March 2012
Project Name:
CONSTRUCTION COMPLEXITY GROUP-PERCENTAGE
COST FOR BUILDING
(Sitework Not A B C D E F G
Included)
$ 1,178,505
CALCULATED FEE J$108,156 $99,369 $102,729 $90,679 $82,033 $73,470 $108,584
Instructions: Fill in probable construction cost at left and push enter key.
GROUP DEFINITIONS:
"A"-CONSIDERABLY MORE THAN AVERAGE COMPLEXITY:Complex Laboratories,Medical Hospitals
"B"-MORE THAN AVERAGE COMPLEXITY:Average Laboratories,Mental Hospitals,Simple Medical Hospitals,Clinics,Court Houses,Theatres,
Complex University Buildings,Special Purpose Classrooms,Laboratory Classrooms,Libraries,Auditoriums,Museums,Air Terminals,Food Service
Facilities,Specialized Detention Areas,Detention-Treatment Areas,Residences,Emergency Management Centers
"C"-REPAIRS AND RENOVATIONS:Miscellaneous Repairs and Renovations,Alterations to Office Space or Dormitory Space,Fire Code
Corrective Work
"D"-AVERAGE COMPLEXITY:General Office Space,General Teaching Space,Gymnasiums,General Detention Living Facilities,Factory
Buildings
"E"-LESS THAN AVERAGE COMPLEXITY:Apartment Buildings,Dormitory Buildings,Service Garages,Stadiums,Repetitive Design Facilities,
Office Buildings With Undefined Interior Space(open for later partitioning),Specialized Parking Structures
"F"-CONSIDERABLY LESS THAN AVERAGE COMPLEXITY:Warehouses,Parking Garages,Storage Facilities
"G"-BUILDING ENGINEERING SERVICES:Mechanical,Electrical and Structural not exceeding$1,000,000 in construction(Not including Site
CADITIONAL SERVICES&EXPENSES:
The following services are considered Additional to Basic Services and are not included within the
basic fee represented by the fee guides:
-Feasibility Studies/Analysis -LEED Consultation
-Facility Programming -Graphic and Signage Design
-Master Planning -Special Code Reviews including ACHA
-Soils Investigations/Reports -Detailed Cost Estimates
-Surveys-Topographic/Boundary -Documents Prepared For:
Vegetation/Improvements/Utilities -Alternate Bids Exceeding Contract Scope
-Measured Drawings of Existing Facilities -Excessive Change Orders
-Existing Facilities Analysis -Multiple Construction Contracts
-Toxic Substance Mitigation Surveys and Consultation -Record Documents/As Builts
-Site Environmental Assessments -Prolonged Construction Contract Administration Services
-Site DRI,PUD,Site Plan Review and/or Zoning Modifications -Structural Threshold Inspections
-Traffic Analysis and Traffic Signal Warrant Studies -Project Representation During
-Civil Engineering Design including Construction Beyond Bi-Monthly Administration
Paving/Grading/Utilities
/Drain age/Sto rmwater Management/Environmental&All Site -Additional Construction Contract
Permitting Administration Services for Multiple Contracts
-Existing Site Utility Infrastructure Improvements -Building Commissioning and Training Services
-Site Lighting Design -Post Occupancy Inspections/Evaluations
-Landscape Architectural&Irrigation Design -Renderings/Models
-Specialty Consultants -Substantive Changes to Scope,Size or Complexity
Voice/Data Communications;Electronic/Audio -Owner Requested Changes to Approved Documents
Visual;Food Service Equipment;Hazardous -Reimbursable Expenses*
Material;Hospital/Laboratory;Interior Design;Indoor Including,but not limited to,reproduction/printing costs,
SAir Quality;Quality Control;Theater/Acoustical; travel expenses and special mail service expenses
-Life CycTeTost(ROI)and/or Federal DOE Energy Analysis
http://fp.state.fl.us/docs/DMSAEFeeGuideCalculate.asp 9/6/2013
. CERTIFICATEOF LIABILITY
BILITY INSURANCE9/17/2013. ..
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIF—]ICATE 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: OHM*certificate holder Is an ADDITIONAL INSURED,the policyp88)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terns and conditions of the policy,certain policies may require an endorsement, A statement on this certificate does not confer rights to tho
certificate holder in lieu of such endorsement B.
PRODUc#A
The James B.'Oswald.Companyy PHONErho
FAIL
1-100 Superior Avenue;Suite 1500 N
Clevelertd OH 44114 1
INSUR AFFORDING COVERAGE NAIC'*
INSURED INSURER,A
IVIBIK2-1 INSURERS
Z2424—
mb42m.Architecture;Inc. INSURERC:
1001.Whitehead St.,Suite 101
Key West FL 33040-7522. INSUNR D:
INSURER E
INSURER F t
COVERAGES CERTIFICATE NUMBER:3ti3347072 REVIS16N 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
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.?
N SR TYPEOF INSURANCE? POLI Y EFF POLIC EXP
INSR POLICY NUMBER MMR) MM D LIMITS
GENERAL LIABILITY Y Y 58/►107QD8 /1412013 14/2014
X EACHOCCURRENCE $1000,000
COMMERCIAL GENERAL LIABILrrY DAMAGE 76
pREEMI�lP n $1 000 000
CLAIMS MADE OCCUR MM EXP An one anon $to ODO
X AI Pdmary 8
X NonCOntilbutory PERSONAL8ADVIWURY $1D00000
GENERAL AGGREGATE $2,000000
OEML AGGREGATE LIMIT APPLIES PER: PRODUCTS-
A AGO $2 000 000
POLICY A PRO' X LOC S
A AUTOMOBILE LIABILITY Y 45SBA107008 /14/2013 311412014
- 100o Doo
ANY AUTO
ALL OWNED SOS CHEDULED BODILY INJURY(Per person) S
X HIREDAUTOS X NON-OWNED TOS BODILY INJLIRY(Per accldenl) S
AUTOS POP RTYDAMAG@ S
X Al Primary " —
S��
A X UMBRELLA BA9 X OCCUR Y 45SEA107008 /14/2013 11412014 EACH OCCURRENCE $1,000,0DO
EXCESS LIAa CLAIMS•MADE
AGGREGATE $1,D00,000
DIED X RETENTION 310 DOD Excludes Professional $
pRe:Marathon
EMPLOYERS'
COMPENSATION Y SBA107008 WC STATU OT OM STOP GAP
EMPLOYERS'LIABILITY YIN �/14120i3 114/2D14 X
CER/M IEMBEREJA( ULC DED7 ECUTNE —[ NIA $.L EACH ACCIDENT $1 000,000
ndatory in NH) t"J E,L.DISEASE-EA EMPLOYE 51,000,000
es d9scribeund�r
GtRI 0 EL,DISEASE•POLICY LIMIT $1,00D 000
esslonal Liability N Y EE7204506
ms Made 11312013 /13/2014 Each Claim $3.000,000
Date:9/112001 Aggregate $3,000,000
ION OP OPERATIONS!LOCATIONS!VEHICLES(Attach ACORD 101,Additional Remari,s Schedub,N more space le required)
al Insured and Waiver of Subrogation as designa(ed above is provided when requ a Named Insured by written contractor
nt. �thon Courthouse Project B
Nf
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Monroe County t3OCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
AttnAnn M.Riger,Contracts Administrator ACCORDANCE WITH THE PORGY PROVISIONS.
1100 Simonton Street Room 2-216
Key West FL 33040 AUTHORIZED REPRESENTATIVE
AQ-7 t/
01988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD
1- fi .4
1001 WHITEHEAD STREET
s
k2m
KEY WEST, FLORIDA 33040
PHONE: 305.292.7722
FAX: 305.292.2162
ARCHITECTURE, INC. PROF. REG. NO. AA26001059
CONTRACT AMENDMENT
June 20,2012
Monroe County
1100 Simonton Street,Room 2-216
Key West,Florida 33040
Attn: Jerry Barnett,Director of Facilities Development-sent via email to Barnett-Jerry@MonroeCounty-FL.gov
Re: Monroe County Courthouse O iTf 0tJA t--
Job Number: MK-08037
Dear Mr.Barnett,
This letter is Amendment Number 2 to the Agreement("Agreement")between mbi I k2m Architecture, Inc. ("Consultant") and
Monroe County Board of County Commissioners("Client")for the performance of services in connection with the Marathon
Courthouse("Project"),governed under the 2004 Continuing Services contract. The purpose of this letter is to request
additional fee outside the original scope of work. This Amendment is effective as of the date of this letter. All other terms
and conditions of the Agreement not previously amended or specifically modified by this Amendment remain in effect.
Consultant and Client modify the Agreement as follows:
The scope of work is herby modified to include design modifications in connections with discovered conditions during
construction and as requested by the County as outlined herein:
• Revisions for the replacement of the existing AHU-1 system(ductwork,air handler,condenser) with a new ducted
supply and return system. System to be ceiling mounted in current location;
• Revisions for the replacement of existing mini-split system(roof top condenser and package unit)in Security
Entrance Room 101, Existing designed mini-split in Vault Room 129 will be combined with this system for a single
roof top condenser and two package units. Condensate for both will terminate at existing exterior drywell adjacent
Secu►dy Entrance Room 101;
• Revision of exhaust fans as follows:
o EF 1 in Women's Restroom 107 to be ceiling type fan with exhaust through new gooseneck at existing
rooftop penetration. Roof penetration at current EF-1 location;
o EF-2 in Janitor 104 and EF-3 in Men's Restroom 103 to be ceiling type fans with exhaust through new
gooseneck at existing roof top penetration. Roof penetration at current EF-3 location,
o Elimination of EF-4,EF-5,EF-8,and EF-9 from the plans. These were indicated as existing to remain
based on the as-built drawings,however during construction it was discovered that these are no longer
present. They are not required by code;
o EF-6 in Vault 129 to be roof type fan at existing roof penetration. The fan was indicated as existing to
remain based on the as-built drawings,however during construction it was discovered that it is no longer
present;
o EF-15 in Women's 125 and EF-16 in Men's 126 to be ceiling type fan with exhaust through new
gooseneck at existing roof top penetration;
o EF-17 in Handicapped Restroom 108 to be ceiling type fan with side wall exhaust.
• Revision of HVAC units from commercial type as specified to high performance residential type as submitted by
Contractor and approved by County due to reduced lead time,
X:1Jobs120081MKaW7-Monroe-Marathon CourtsWckninIContracts12Q12.06.20 Contract Amendment 2-Monroe County-Marathon Courthouse.doc
CLEVELAND i KEY WEST i CHARLOTTE SOUTHWEST FLORIDA I WASHINGTON DC
j
1
TEHEAD STREET
k2m
KE�OWEST�FLORIDA 33040
mbiPHONE: 305.292.7722
FAX: 305.292.2162
ARCHITECTURE, INC. PROF. REG. NO. AA26001059
CONTRACT AMENDMENT
• Revision to air transfer for Vault 129 from existing door grill to thru wall type of(2)3'diameter pipes to meet
security requirements. The door grill was indicated as existing to remain based on the as-built drawings,however
during constriction 9 was discovered that it is no longer present;
• Revision of condensate for AHU-1,AHU-2,and AHU-4 from drywell to termination at swale;
• Revision of condensate for AHU-3 and AHU-5 from condensate pump to gravity drain to existing janitor sink,
• Revision to outside air intake for AHU-3 and AHU-5 from new roof top penetration to existing at the current EF-2
location,
• Addition of electrical and fire alarm scope of work to Judge Becker's Chambers Room 119 and Unisex Restroom
120. This area was not originally outside in the scope of work but has been added as a result of the mold and
asbestos abatement;
• Addition of GF1 electrical outlets at exterior HVAC equipment for service. Existing equipment locations do not
currently have code required outlets,
• Elimination of the additional interior ceiling insulation. During construction the existing roof insulation depth was
verified and confirmed it meets code requirements;
•. Reconfiguraf<on of Courtroom A to:
o Relocate the jury box closer to the entrance for greater security over defendants seated in the jury box
during theii first appearances and provide greater distance between the jurors and defendant during
normal court proceedings;
o Enlargement of the jury box to accommodate larger swivel chairs already on order.
• Redesign Altemate#1 to reduce the scope of the addition while providing the required ADA compliance for
employees and visitors at the Security Entrance equipment;
• Replace the emergency exit door from Courtroom A to the exterior with a new door that includes delayed egress
hardware.
Scope of work includes all necessary engineering and drawing revisions with five(5)signed/sealed drawing sets of the
affected drawings submitted to Contractor for permit modification.
Compensation for these modifications over and above the original agreement is proposed at a fixed fee of NINE
THOUSAND FIVE HUNDRED DOLLARS($9,500.00),including reimbursable expenses.
If the terms of this Amendment meetwith your approval,please indicate by signing and returning one copy of this letter to
us. If you have any questions,please do not hesitate to call. Thank you.
Best Regards,
Authorization:
11 k2m Architecture,Inc. Monroe County
By:
Q icr� Titl
Ant n D. arno, ARB _
Project anager
2tnafure (signer represents that she or he is legally
horized to sign on behalf of client)
7-
Date
XAJobM20081MK-08037-Monroe-Marathon CourtslAdminIContracts12012.06.20 Contract Amendment 2-Monroe County-Marathon Courthouse.doc
CLEVELAND I KEY WEST ( CHARLOTTE SOUTHWEST FLORIDA I WASHINGTON DC
A
SECOND AMENDMENT TO
AGREEMENT BETWEEN OWNER AND ARC)HUCT/ENGINEER
THIS SECOND AMENDMENT (herein after "AMENDMENT') to the AGREEMENT
BETWEEN OWNER AND ARCHITECT/ENGINEER("AGREEMENT")for the Marathon Courthouse
Renovation Project, entered into between MONROE COUNTY ("Owner') and MBI/K2M
ARCHITECTURE, INC. ("Architect") is made and entered into this 181, day of May, 2011 in order to
amend the AGREEMENT,as follows:
WITNESSETH
WHEREAS,on May 19,2004 the parties entered into an Annual Contract for Architectural Services;and
WHEREAS, the Annual Contract for Architectural Services was renewed on May 18, 2005, May 16,
2006,April 18,2007 and extended on June 18,2008 to finalize pending projects;and
WHEREAS, the Annual Contract for Architectural Services is designed for small projects consisting of
remodeling,roofing,ADA compliance, or renovations of buildings and other capital renovations in which
construction costs do not exceed$1,000,000.00;and
WHEREAS, on the 16t' day of April, 2008, the parties entered into an Agreement for
Architectural/Engineering services for the interior and exterior modifications of the Marathon
Courthouse;and
WHEREAS,on the 18`h day of February 2009,the parties entered into a First Amendment to the
Agreement to retain a Civil Engineering consultant to prepare storm water calculations/analysis and
sanitary sewer calculations/analysis;and I
WHEREAS,in accordance Article 8.1.1 (A)of the Continuing Contract dated May 19,2004,and Article
2 of the Agreement for Professional Services dated April 16,2008,compensation to the Architect will be
adjusted when the actual construction cost is known,in accordance with the State of Florida Department
of Management Services,Division of Building Construction Fee Schedule for Architectural and
Engineering Services;now therefore
IN CONSIDERATION of the mutual promises contained herein,the parties hereby agree as follows:
1. The Architectural fee shall be adjusted to 8%of the actual construction cost of$835,775.00,or
$66,862.00,
2. The remaining terms of the AGREEMENT, not inconsistent herewith, shall remain in full
force and effect.
IN WITNESS WHEREOF,the parties hereto have executed this Amendment on the date stated above.
SIGNATURE PAGE TO FOLLOW
Marathon Courthouse Renovation 1 of 2
3
Execution by the Architect must be by a person with authority to bind the entity.
Attest: DANNY L. KOLHAGE CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE
t COUNTY, FLO
Deputy Clerk
B
Date: ,._. _ May /Cha an
.
(SEAL) ARCHITECT
MBMM ARCHITECTURE, INC.
Attest:
By: By: Gc, �
Print Name: Print Name: WC i O C� P2• )0C,9jA*✓1 .
Title: Title: PA i- �* P
Date: Date: 1P-
z w
cr �W
Or: o W o
Witness 1: Date: Z� �— o� , a Q
Print Name: ,rn z Q z
® LL W V1
Witnes Date: o J Q
¢ �
n- '
4
Print Nam z e: Me5 ` (s z z Z5
� a .m
�c
STATE OF FL RIDA
COUNTY OFS-� c �,-t'
On this Aday of 2011,before me,the undersigned notary public,personally appeared
known tome to be the person whose name is subscribed above or who produced -Ai'
as identification,and acknowledged that he/she is the person who executed the above Amendment with
Monroe County for Architect(Engineenng servicesfor the Marathon Courthouse Renovation Project,for the
therein/�cntain
Notary lic
���•RY p�I� BECKY D.HERNANDEZ-BAUER
Notary Public-state of Florida
Print Name •= My Comm. Expires Oct 1,2012
My commission expires: %'9T op Commission#DD 827643
ot 1151 onded Through National Notary Assn.
Marathon Courthouse Renovation 2 of 2
{
FIRST AMENDMENT TO
AGREEMENT BETWEEN OWNER AND ARCHITECT/ENGINEER
THIS FIRST AMENDMENT (herein after "AMENDMENT") to the AGREEMENT BETWEEN
OWNER AND ARCHITECT/ENGINEER ("AGREEMENT") for the Marathon Courthouse Renovation
Project; entered into between MONROE COUNTY "Owner") and MBI/K2M ARCHITECTURE, INC.
("Architect") is made and entered into this ) day of 2009, in order to amend the
AGREEMENT, as follows:
WITNESSETH
WHEREAS, on May 19, 2004 the parties entered into an Annual Contract for Architectural Services; and
WHEREAS, the Annual Contract for Architectural Services was renewed on May 18, 2005, May 16,
2006, April 18, 2007 and extended on June 18, 2008, and
WHEREAS, the Annual Contract for Architectural Services is designed for small projects consisting of
remodeling, roofing, ADA compliance, or renovations of buildings and other capital renovations in which
construction costs do not exceed$1,000,000.00, and
WHEREAS, on the 160' day of April, 2008, the parties entered into an Agreement for
Architectural/Engineering services for the interior and exterior modifications of the Marathon
Courthouse; and
WHEREAS, a Civil Engineering consultant is required to prepare storm water calculations/analysis and
sanitary sewer calculations/analysis; now therefore
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows:
1• ARTICLE 1, Scope of Services shall be amended to include the following:
a. Retain Civil Engineering consultant
b. Oversee and coordinate consultant's efforts to prepare storm water calculations/analysis
to determine whether a variance shall be required. (This may require several meetings
with city officials).
C. Oversee and coordinate consultant's efforts to obtain a storm water/runoff variance
should one be required.
d. Oversee and coordinate consultant's efforts to prepare sewer calculations/analysis to
determine if the existing system is adequate to connect to and to determine whether a
variance is required. Consultant shall coordinate all efforts with the City of Marathon
and the Health Department.
e. Oversee and coordinate consultant's efforts to obtain a sewer variance should one be
required.
2. ARTICLE 2, Compensation is amended to include the Civil Engineering consultant's hourly rate
+10% for a fee not to exceed $4,500.00.
3. The remaining terms of the AGREEMENT, not inconsistent herewith, shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date stated above.
SIGNATURE PAGE TO FOLLOW
Execution by the Architect must be by a person with authority to bind the entity.
Attest: DANNY L. OLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE
B • `�"``� . COUN Y, FLORID
Deputy Clerk
E E B 1 8 2009 By:
Date: Mayor/Chairman
(SEAL) ARCHIT T E
Attest: MBI/K2 CHI EC E INC.
By: By:
Print Name: Print Name ( 77- C • /yl r�t.��,
Title: Title: J�/Ief,0-0;�'',.
Date: Date: 3/c)
Or: },
Witness Date: 1 v� l21 /a
Print Name: bw
Witness 2: Date: 1'2.17.3lo&
Print Name: 04(c.%,P
C14iL)
STATE OF FAQ 'D-A
COUNTY OF
On this A—day of , 2008, before me,the undersigned notary public,personally appeare ��f /
known to me to be the person whose name is subscribed above or who producedlGL6Uf /1_rt-/'
as identification, and acknowledged that he/she is the person who executed the above Amendment with
Monroe County for Architect/Engineering services for the Marathon Courthouse Renovation Project, for the
purposes therein contained.
Notary Public
€-{ecrjrder:in, r,,. r�( r(tl ity
Print Name r;Ay
My commission expires:
MOtJROc Cn(. +\?-i A'T 0Pi'.!rY
A S,s..r,,AP,d! ..OtJ .'J Y•a=; 1(:;)=: •akY
DateZ���. _4
P RE:Z ENGINEERING
& DEVELOPMENT, INC
December 2, 2008
Mr. William Shepler
MBI K2M
1001 Whitehead Street
Key West,FL 33040
RE: Professional Services Agreement
Marathon Courthouse Renovation—Civil Engineering Services
Dear William:
Perez Engineering & Development, Inc. (PE&D) has been requested to provide certain
professional services including site civil engineering and permitting. The project is
located along U.S. 1 in Marathon, Florida and consists of a renovation to an existing
courthouse.
We understand you are ready to proceed with final construction plans and would like our
assistance with the following tasks:
J. Prepare storm water calculations/analysis in an effort to obtain a variance from
having to bring the entire property into compliance. Coordinate our efforts with
the City of Marathon.
2. Prepare sanitary sewer calculations/analysis to determine if the existing septic
system is adequate to connect to. Coordinate our efforts with City of Marathon
and the Health Department.
Compensation shall be billed hourly toward an upset limit of$3,500 at the following
hourly rates:
• Principal $150/hr
• Senior Engineer $110/hr
• CAD Designer $75/hr
Key West Office:
1010 Kennedy Dr.Suite 400•Key West,Florida 33040
tel:(305)293-9440 Fax: (305)296-0243
E
Mr. William Shepler
December 2,2008
Page 2
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
and approved as of the date written bellow, by their duly authorized officers and/or
representatives.
PEREZ ENGINEERING& DEVELOPMENT,INC.
Allen E. Perez,P.E.
President
MBI K2M
Date
AGREEMENT FOR PROFESSIONAL SERVICES
(Marathon Courthouse)
THIS AGREEMENT(herein after"Agreement') is made and entered into this 16'h day of April, 2008,
BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (the "Owner"), and
MBI/K2M ARCHITECTURE, INC. (the "Architect') for Architect/Engineering services for the Marathon
Courthouse.
WITNESSETH
WHEREAS, on May 19, 2004 the parties entered into an Annual Contract for Architectural Services; and
WHEREAS, the Annual Contract for Architectural Services was renewed on May 19, 2004, May 18, 2005,
May 16,2006 and April 18". 2007; and
WHEREAS, the Annual Contract for Architectural Services is designed for small projects consisting of
remodeling, roofing, ADA compliance, or renovations of buildings and other capital renovations in which
construction costs do not exceed$1,000,000.00; and
WHEREAS, The Marathon Courthouse is in need of interior and exterior modifications at a construction
cost estimate of$350,000.00;now therefore;
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows:
1 SCOPE OF SERVICES
The Architect shall provide architecture, interior design, civil engineering, structural engineering, M.E.P.
engineering coordinated with trailer manufacturer, and electrical engineering for life safety systems.
Documents will be provided to Owner in schematic design, construction documents, bidding, and
construction administration phases as described in the Annual Contract. A written program will be
developed prior to start of design. Written authorization to proceed to each phase is required. The scope of
services shall include,but not be limited to:
A) Design a new judge's bench,attorney area and spectator area for the existing
permanent courtroom
B) Close in an existing breezeway
C) Upgrade the existing bathrooms
D) Upgrade Jury Room tc a unisex accessible toilet room
E) Replace the existing temporary court room(doublewide trailer)with a new
doublewide trailer
F) Add a single wide trailer with offices and accessible bathrooms
G) Survey of life safety syst for or
to Owner with recommendations
H) Address exiting issues
1) Interior re-paint of existing courthouse
2. COMPENSATION
A fee percentage of 8% of the estimated $350,000.00 construction cost shall be initially used to calculate
the architectural fee ($28,000.00). When the actual construction cost is known, the fee will be adjusted
either upward or downward in accordance with the State of Florida Department of Management Services,
Division of Building Construction Fee Schedule for Architectural and Engineering Services.
3. REIMBURSABLE EXPENSES
In addition to compensation listed in article 2, the Owner shall reimburse the Architect for expenses listed
in the Annual Contract, to include:
. 9
f
r A) Expense of transportation submitted by Architect in writing, and living expenses
in connection with out-of-county travel authorized by the Owner,in writing, but
only to the extent and in the amounts authorized by Section 112.061,Florida
Statutes
B) Fees paid for securing approval of authorities having jurisdiction over the project
C) Reproductions as requested only by the Owner(beyond 8 signed and sealed full
size sets,plus one full size reproducible set, and one 11 x 17 reproducible set)
D) Postage and handling of Drawings and Specifications, except for those charges
for postage between the Architects branch offices and between the Architect and
his consultants.
E) Renderings and Models requested by the Owner
Rates for reimbursable items are as follows:
In house prints 24 x 36 black/white $2.50 per page
In house prints 1 I x 17 black/white .40 per page
In house prints 11 x 17 color 1.50 per page
In house prints 8.5 x 11 color 1.10 per page
In house prints 8.5 x 11 black/white .20 per page
Mailing/Shipping Cost
License Fees Cost
Parking Cost
Blueprint reproduction Cost
Printing Cost
Consultant Fees Cost-+- 10%
4. In all other aspects, the original contract between the Owner and Architect dated May 19, 2004, and
renewed on May 18, 2005,May 16, 2006, and April 18,2007, remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first written
above.
DANNY L.KOLHAGE,CLERK BOARD OF CO COMMISSIONERS
OF MONROE CO ,FLORIDA
B By:
D uty Clerk Mayor/C irman
Date: APR 1 G 2008 Date: APR 1 6 2=
ARCHITECT/ENGINEER
MBUK2M` I
By `
Title:
Date: -
STATE OF FLORIDA
COUNTY OF MOE
On This�_day of 2008,2008, before me, the undersigned notary public, pers nally appeared
known to me to be the person whose name is subscribed above or who produced as
identification and acknowledged that he/ a is the erso _who executed the above contract with Monroe Cou for professional
services for the Marathon Courthouse, Jr 7�y
ANN HKiEp - J "C,i RYA:
:.: MY COMMISSION i DD 302215 _
:} EXPIRES;J 21
Ht.+ eW*dnVUN0tryPPkk ► H, ..;-=c t.
!:CREEMENT BETWEEN MBI/K2M AND MONROF COUNT a
FOR EXTENSION OF THE CONTINUING CONTRACT
IN ORDER TO COMPLETE OUTSTANDING PROJECTS
This Agreement entered into on the , day of�essis
, 2008, between mbi/k2m
Architecture, Inc., ("ARCHITECT"), whose ad 1001 Whitehead Street, Key West,
Florida 33040, Florida, and Monroe County("COUNTY"), a political subdivision of the
State of Florida, whose address is 1100 Simonton Street, Key West, Florida.
WHEREAS,ARCHITECT and COUNTY entered into a continuing contract on May 19,
2004 for professional services; and
WHEREAS, the contract terminated on May 18, 2008, by operation of the agreement and
not due to any dispute among the parties; and
WHEREAS, the ARCHITECT has several projects,enumerated below, which were
begun during the term of the contract which have not been finalized; and
WHEREAS, the ARCHITECT and the COUNTY desire that these pending projects be
finalized by ARCHITECT; and
WHEREAS, it is in the public interest for the ARCHITECT to complete the projects;
NOW THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties agree as follows:
1. ARCHITECTS and COUNTY agree that the following projects were in the process of
being completed when the continuing contract terminated under its terms. Copies of the
individual agreements for each project are attached
(a)The following projects are being completed under the supervision of the
Department of Public Works:
(1)Roof Replacement at Monroe County Library, Key West Branch at
700 Fleming Street.
(2)Crawl Key Fire Training Stair Replacement
(3) Key Largo Recycling Center Fueling Facility/Plantation Key Fuel
Tank Replacement
(b)The following projects are being completed under the supervision of the
Engineering Division/Department of Facilities Development :
(1) Marathon Courthouse Renovation
(2)Old Tavernier School meeting Hall
(c) The following projects are being completed under the supervision of the
Engineering Division/Department of Engineering:
(1)Palm Drive Bridge
(2) Boca Chica Road
1
" M s
2. ARCHITECT and COUNTY acknowledge that the continuing contract dated May 19,
2004 has terminated and this extension will serve to extend that the continuing contract
exclusively for the projects listed above and specifically for the completion of those
projects.
3. ARCHITECTS and COUNTY agree that payment for the completion on the projects
listed above shall be paid under the terms of the original continuing contract and renewals,
retroactive to May 19, 2004, as extended under this agreement without interruption.
4. In all other respects, the original continuing contract and renewals remain in full force
and effect.
IN WITNESS WHEREOF COUNTY and ARCHITECT hereto have executed this
Agreement on the day and date first written above in four(4)counterparts, each of which
shall, without proof or accounting for the other counterparts, be deemed an original
contract.
Board of County Commissioners
Attest:
Of Monroe County
Danny Kopage, Clerk
y By:
Mayor Mariq,>Nepn8
. �� Date: ��►►�u►
By Ilyv iS
4�
Deputy Clerk $
Date: JUN I_ 2006 Fo mbi/l 7tecture, Inc.-
Witnesses for
Signature
Signature Print Name
Date: a-19 ®P
Title
Signature
Date: Date:
Address:
STATE OF FLORIDA
Telephone Number:_ 2-ya_ 7-12.a. r
� • w
COUNTY OF MONROOPPEdd o o � o C
!ZWZto( r affi edL,+t.,subscri d before me this day of 200Rby QLL LL
(n a
for MB M, who s Personallyknown o me or } r
produced the followi z i
� U)
z ¢
OW
tz _� 0 1
; S ° r > w ~NotaryStam zWp G o gnature o No
NOWYPUWI
Camr*410n 0074245E
N Expires 0211=012 0: 2 Q U
J L z C/1
2 s Q 2
u
RENEWAL CONTRACT
(Annual Contract for Architectural Services)
This renewal is made and entered into this 18'h day of
COUNTY, BOARD OF COUNTY COMMISSIONERS (the "Ownw-)ril 2007 and Mg�M ARCHITECTURE (the "Architect") in order to renew the
May 19, 2004. and as renewed on May 18, 2005 and May 16,2006,as followsn the parties dated
1. In accordance with the original contract of May 19, 2004, more particular) Pagedate 1
Paragraph 5, "services will include an annual contr Y 8
this agreement and ending one year thereafter, with Options fo the County to renew on aof
n
annual basis three consecutive times". This is the third and final renewal of this contract.
2. The term of this renewal contract shall commence May 19, 2007, and will expire on.May
18, 2008.
3. Article VII of the original contract, paragraph 7.1.1 shall be amended to reflect the
following personnel, and their hourly rates;
Michael B. In IMACIM S_OU1LY RATES
8 Principat, Architect I $215.00 RATES
-
Scott Maloney Principal, Architect I
DicHarrk
D.Keagler p�MWW,Amh g Sr Iffiaw Deli $215.00
Dick Cooper pt jc"����It Sr�or�8n $185.Op
Paula Boykin p000 Mom.Anb A Sr interior D8a $185.00
Jim Fish Project Manager 80 $185.00
Dana Zimmer $120.00
Anthony Sarno PfOicd Manager $120.00
Kell Schaffran Project Manager $120.00
Rusty Elferdink Project Manager $120.00
Craig Pennington
Construction Administrator $120.00
Draftsman I
Jeti McKinniaa Draftsman I $93.00
Tart Pests Draftsman II $95.00
Tanya Oldja Draftsman II $70.00
l3ojan Miocinovic Draftsman II $70.00
Kris Gould Draftsman $70.00
II
Lawrence Clinkscale Draftsman 1 $70.00
Andrea Sims I $70.00
Interior Designer
Valene Loar $80.00
Interior Designer
Kelly Cook $80.00
Interior Designer
Anne Murfin Interior Designer $80.00
Julee Cross" 580.00
Purchasing Coordinator
Dee McKenzie AdministrativdCj�� $85.00
Christy Salter $55.00
Administrative/Clerical
$55.00 Renee Washburn ' Administrative/Clerical
$55.00
3. In all other aspects, the original contract between the Owner and Architect dated May 19,
2004, and renewed on May 19, 2005, and may 16, 2006, remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year
first written above.
� L. g GE, CLERK BOARD OF CO LINTY COM WSSIONERS
OF 7rY4
COUNTY, RIDA
Clerk By:
y - APR ainnaa
Date: 1 8 200T Dare: APR 1 8 2007
G
MBI/IC2 �
By:
Tide:
Date: i►
MONROE COUNTY EY
AP OVED AS TO F
I,A ILEENE W. CASSEL
ASSISTANT COU T/ATTORNEY
1001 WHITEHEAD STREET
m b ' k2m
KEY WEST, FLORIDA 33040
1 PHONE: 305.294.4012
ARCHITECTURE, INC. FAX: 305.294.7412
PROF. REG. NO. AA26001059
March 23, 2007
Monroe County Engineering Division
Facilities Development Deparb*nt
Ms.Ann M. Rigor, Contracts Administrator
1100 Skronton Street
Room 2-216
Key West; FL 33040
Sant NE&W#aRftRu KAbelt
Re: Monroe County Archibechual Services Contract
Dear Ms. Rigor.
mbf I k2m Architect ue, Inc. is pleased ID accept Monroe County'$offer for the last one year renewal of our
current contract for Continuing Architechual/Engineering Services for Monroe County for all projects under
$1.0 rrsllfon in cost Listed below are our cement hourly rates for 2007 along wiM stall names and title$, The
certificate of insurance currently on file at the County should be used with this document A new certificate wiN
be issued at prior to renewal with updated poky inRon lwm.
Mricipof/Anchiiect I 213 OMXKW Mchael I Scotr M
Int�erfor Manager /Amhfiect IUSenior 5185.0vwur Harry D. KeagW, Dick Cooper, Paula
Project $120.OAlhour Jlm Fish, Dana &vw, Anfhony
Con$trtrctlon Administrator Sarno Ke1N SchaAFan
�120.OQItwur R
Drallsman I ;95.OA►hourCria ApndnabL Jenf ftft
rft
Draftsman 0 $70.OAlhoar Tara PestaL Tanysow Bojan
Mbcnov* Kdo GouK Lawrence
Interior Designer Cftwalb
$80.0(tlhoru Andrea Sims, Vafene Loar, KeNy Cook
Purchasing Coordinator $85.0&hour Anne Murfhr
Julee Crosson
Administrative I Clerical $55-00hour Dee McKen* Christy Salter, Renee
Washburn
KEY WEST SOUTHWEST FLORIDA CLEVELAND HOUSTON
CHAROLOtTE
}
e b k2m1KEY FLORIDASTREET
iii33040
v11
PHONE: 305.294,4011
FAX: 305-294.7412
ARCHITECTURE, INC.
PROF. REG. NO, AA26001059
The following table is our reimbursable expense shed for 2007.
REIMBURSABLE$ FOR 2006
SWAM be gmdm wm fen
;Inhom
e rants 24 x 36 blackhvhite $2.50 ✓
e nts 11 x 17 bladd+whiEe 40
e Ants 11 x 17 color $1,50per 1.WP 4r�
e nffi 8.5 x 11 color �1.10 ✓ its
nts M 11 blkS ,�pwwpage ;5.Fee Co ✓
Bkmdni rn Cost ✓
PrInd C ✓
Consultant Fee Cost+10% ✓
We appreciate the opportunity b provide services and look froward to woridng with the County. N you should
have any qussdm or requh additional I►bwWon I can be reached at(305)294. 011.
Sim.
fit/I k2w AmNftcdrR krc.
N
Scott C. Maloney,AUK,NCARB
Dkeeor
cc: S:ICbv0b11P-�7VNor "County CMW RwWM 20 M23-0711r Io Mons Cm*--W o/conbscl.doc
KEY WEST SOUTHWEST FLORIDA CLEVELAND
HOUSTON CHAROLOTTE
RENEWAL CONTRACT
(Annual contract for Architectural Service)
This renewal is made and entered into this 161h day of May 2006 BETWEEN XIONROE
COUNTY, BOARD OF COUNTY COMMISSIONERS (the "Owner")and hIBU,K2M
ARCHITECTURE(the "Architect") in order to renew the agreement between parties dated
May 19, 2004, and as renewed on May 18, 2005 as follows:
1• In accordance with the original contract of May 19, 2004, more particularly,
page 1, Paragraph 51 "services will include an annual contract, commencing the effective
date of this agreement and ending one year thereafter, with options for the County to renew
on an annual basis three consecutive times". This is the second renewal of this contract.
2. The term of this renewal contract shall commence May 19, 2006, and is subject for renew
again on May 19, 2007, al
3• Article VII of the original contract, paragraph 7.1.1 shall be amended to reflect the
following personnel:
his .
Michael B. Ingram Principal, Architect, I
Harry D. Keagler Principal, Architect I
Scott C. Maloney Project Manager, Areht a
Kevin Terra Project Manager
Jim Fish Project Manager
Dana Zimmer Project Manager
Robert Donaldson Project Manager
Rusty Elferdink Construction Administrator
Craig Pennington Draftsman I
Tara Pests Draftsman II
Tanya Oldja Draftsman 11
Jeni McKinniss Draftsman 11
Bojan Miocinovic Draftsman II
Ike Edeani Draftsman 1I
Dee McKenzie Administrative/Clerical
lWaryanne Johnson Administrative/Clerical
Lina Robles AdministrativerClerical
Renee Washburn Administrative/Clerical
4. For the performance of the optional additional services and contingent additional serf ices
described in Article I`' the architect,Engineer shall be paid at revised hour! rates a
follows: Y s
Principal Architect I S215.00/hour
Project Manager/.Architect Q S 185.00/hour
Project Manager S120.00/hour
Construction Administrator S120.00/hour
Draftsman I S95.00/hour
Draftsman II S70.00/hour
Administrative/Clerical S55.00/hour
5. Article VIII, of the original contract, paragraph 8.2.1 shall be amend to re fle the
following rates for reimbursable items as follows: ed ct
In house prints 24 x 36 black/white
In house prints i I x 17 black/white $2.50 per page
In house prints 11 x 17 color S0.40 per page
In house prints 8.5 x 11 color S1.50 per page
In house prints 8.5 x I I black/white $I.10 per page
Mileage SO.20 per page
Mailing/Shipping $0.405/mile
License Fees Cost
Parking Cost
Mailing/Shipping Cost
Blueprint reproduction Cost
Printing Cost
Consultant Fees Cost
Cost+ 10%
6.' In all other aspects, the original contract between Owner and Architect dated
May 19, 2004, and renewed on May 18't 2005 remains in bull force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal the d
i
wrtten above. ay and year first
DANNY L. KOLHAGE, CLERIC BOARD OF COUNTY CONSMSIONERS
B D By:
puty Clerk Mayor/Chairman•,
Date: °SSG/o!v '
Date: ach4 AG
AR CHI TECT.'E.'YGn EER
Title. 1,, —
e
rnbi 1� 2m -
ARCHITECTURE , INC, _
,March 2Y, 2006
%r
Monroe County Engineering Division
Facilities Development Department
i\••fs. Ann Nf. Riger, Contracts .administrator
1100 Simonton Street
Room 2-216
Key West,FL 33040
VZA FACSINUE., 3D3 2JY 4321
Rw Monroe County Architectural SerViCeS Contract
Dear Ms. Riger:
mbi I k2m Architecture, Inc. is pleased to accept Monroe County's offer for the second one year renewal of
contract for Architectural Services for Monroe County, Please find listed below current hourly rates for 2006
along with staff names and titles, a current Certificate of Insurance is enclosed.
Princi al/Architect I $215.00/hour
Project Mannarow/Architect II Michael B. In am, H D Kea ler
Project Manager $t85.00/hout Scott C. Malon
$120.00/h°'n Kevin Terra, Jim Fish, Dana Zimmer,
Construction Administrator Robert Donaldson
$t20.00/hour ferd
Draftsman I $95.00/hour Rusty El ink
Draftsman II Crai Pennin ton
$70.00/hour Tara Pesta, Tanya Oldja, Jeni
McKinniss, Bojan Miocinovic, Ike
Administrative/Clerical Edeani
$55.00/hour Dee McKenzie, Maryanne Johnson,
Lina Robles, Renee Washbum
We appreciate the opportunity to provide se�vices and look forward to working with the County, if you
;hou14.bave any questions Ican be reaches ice 2 nd,10 t.
;in�erely,
s rp( ✓,r
lbi I A2in AchtrfAhi' Inc.
)tt C, Maloney. R.A.
vctor
;E 21
mbla k2m
ARCHITECTURE RECE�'�/: ..
, INC.
-'PR
April 7, 2006 /l
Per....�h!
Monroe County, Florida
Attn: Paulette Harper
1100 Simonton Street
Room 2-216
Key West, FL 33030
PU FACSIMILE: SOS-19S-�3�f
REIMBURBABLESS FOR 2006
.RecetoLs wly�1 g provided wirb iavoices
In house Printo 24 x 36 E lrE�ck/white
.in house DAWN 11 x 17 t hick/white 52.30 er a a
Xn house RS 11 x 17 C o.or S 40_per V a e
In house ' to 8.5x 11 x�1or s1. 0 a e
b house riots 8.5 x 11 •�l
ea e Lsck/widte 8l.10 a a
S .z0 a e
Mai lip /Shi in _ S.409 (mile
License,Fee _ Ca9t
Parkin — Cost
Blu action a Cost
p inbin — Cost
Consuhant Fc — Cost
Coat + 10%
Ifyou should havc any questions please give me a call.
Sincerely,
mbij h2m.4rchitectwre,In4
Dee,VfC.Kenzie
Director of Operations
SFJ.Cd'C'0ve!anJ.:S:.Y'NXC'N1r.re Cone cc Rc,4.21 f,:r )ter,.hurt7,'►it
f
RENEWAL CONTRACT
(Annual contract for Architectural Service)
This renewal contract for ARCHTTECTU
SERCES BETWEEN
AND ARCHITECT(the "Contract") is made and eente ed into by MONROE OU OWNER
BOARD OF COUNTY COMMISSIONERS (the "Owner")and MBI/K2M NTY,
ARCHrMCTURE(the "Architect") this 18`h day of May, 2005.
1. In accordance with the original contract of May 19, 2004, more particularly,
Page 1, Paragraph S, "services will include an annual contract, commencing the
effective date of this agreement and ending one year thereafter, with options for
the County to renew on an annual basis three consecutive times". This is the first
renewal of this contract.
2• The term of this renewal contract shall commence May 19, 2005, and is subject
for renewal again on May 19, 2006.
3. In all other aspects, the original contract between Owner and Architect dated
May 19, 2004, remains in full force and effect.
WHEREOF; the parties have hereunto set their hands and seal, the day and
p n above.
z
p OLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS
Depu y Clerk By:
Mayor/Chairman
Date: May 18, 2005 Date: May 18, 2005
ARCHITECT/LNGINEER
MONHOOVED ASv AT OORNEY By:
ZANNE UTTON Title: ter, -
SISTA�
Oate o C-)
-.-
A �.
f /
CONTRACT FOR
PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECTIENGINEER
2004 EDITION
These contract documents should be used only after consultation with counsel. The
documents are not intended as legal advice appropriate to any specific situation, nor do they
purport to address all issues which may arise between the contracting parties. The documents
should be amended or supplemented where appropriate.
THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND
ARCHITECT/ENGINEER(the"Contract") is made and entered into by MONROE COUNTY,
BOARD OF COUNTY COMMISSIONERS (the "Owner")and MBI/K2M TEAM
This contract Is executed under seal and shall be effective on the date executed by the
last party to execute it.
The professional services required by this Contract are to be rendered for the small
projects consisting of remodeling, roofing, ADA compliance, or renovations of building and other
capital renovations of building and other capital improvements, In which construction costs do
not exceed $1,000,000.00.
Services will include an annual contract, commencing the effective date of this
agreement and ending one year thereafter, with options for the County to renew on an annual
basis three consecutive times.
These'services shall include, but not be limited to: Preparation and completion of the
design program for space requirements and relationships, schematic design, design
development, preparation of contract documents for bids, preparation and advertisement for
Request for Bids, tabulation and review of bids, recommendation of contract awards, cost
estimating during design and document preparation, administration of contract documents,
consultation and on-site Inspections during construction, review and recommend approval of
contractor invoices, preparation and submittal of permit applications, zoning applications, public
presentations and presentations to the County Commission.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which hereby
acknowledged, the Owner and the Architect/Engineer agree:
I
FORM OF AGREEMENT
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Contract, the Architect/Engineer makes the following express representations
and warranties to the Owner:
1.1.1 The Architect/Engineer is a professional qualified to act as the Architect/Engineer for the
Project and is licensed to practice Architecture/Engineering by all public entities having
Jurisdiction over the Architect/Engineer and the Project;
1.1.2 The Architect/Engineer shall maintain all necessary licenses, permits or other
authorizations necessary to act as Architect/Engineer for the Project until the
Architect/Engineer's duties thereunder have been fully satisfied;
1.1.3 The Architect/Engineer has become familiar with the Project site and the local conditions
under which the Project is to be designed, constructed, and operated;
1.1.4 The Architect/Engineer shall prepare all documents required by this Contract including,
but not limited to, all contract plans and specifications, in such a manner that they shall be in
conformity and comply with all applicable law, codes and regulations. The Architect/Engineer
warrants that the documents prepared as a part of this Contract will be adequate and sufficient
to accomplish the purposes of the Project, therefore, eliminating any additional construction cost
due to missing or incorrect design elements in the contract documents;
1.1.5 The Architect/Engineer assumes full responsibility to the extent allowed by law with
regards to his performance and those directly under his employ as Architect/Engineer of
Record.
1.1.8 The Architect/Engineer's services shall be performed as expeditiously as is consistent
with professional skill and care and the orderly progress of the Work. The Architect/Engineer
shall submit, for the Owner's and Construction Manager's information, a schedule for the
performance of the Architect/Engineer's services which may be adjusted as the Project
proceeds if approved by the Owner, and shall Include allowances for periods of time required for
the Owner's and Construction Management's review, and for approval of submission by
authorities having jurisdiction over the Project. Time limits established by this schedule and
approved by the Owner may not be exceeded by the Architect/Engineer except for delay caused
by events not within the control of the Architect/Engineer or foreseeable by him. in the event
the Architect/Engineer does not conform to the schedule, then the Architect/Engineer may be
assessed a charge up to one percent(1%) of the fee per week until the work product is
produced in an acceptable manner. The penalty shall apply only to the completion of
documents required for bidding, said date being met with the delivery of one final set to the
Owner. The Owner shall assess the charge only after it is determined that the work
is solely the fault of the Architect/Engineer and his subconsuitants and is not the fault of the
owner or other parties not under the control of the Architect/Engineer.
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ARTICLE If
SCOPE OF ARCHITECT/ENGINEER'S BASIC SERVICE
2.1 DEFINITION
2.1.1 Architect/Engineer's Basic Services consist of those described in Paragraphs 2.2
through 2.8, and other services identified as part of Basic Services, and include normal, civil,
structural, mechanical, and electrical engineering services.
2.1.2 The Design for Construction shall include, but shall not necessarily be limited to, plans
and specifications which describe all systems, elements, details, components, materials,
equipment, and other information necessary for construction. The Design for Construction shall
be accurate, coordinated and in all respects adequate for construction and shall be in
conformity, and comply, with all applicable law, codes, permits, and regulations. Products,
equipment and materials specified for use shall be readily available unless written authorization
to the contrary Is given by the Owner. The Architect/Engineer shall be responsible for designing
the Project in accordance with the analyses and recommendations of the geotechnical
information famished per Article 4.4.
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 Construction Manager
proposed site use and improvements, required permits, zoning, selection of materials, building
systems and equipment; and method of Project delivery.
2.2.3 The Architect/Engineer shall review with the Owner and Construction Manager
alternative approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget
requirements, the Architect/Englneer 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
Construction Manager's information.
2.2,6 Upon completion of the Schematic Design Phase, the Architect/Engineer shall provide
drawings, outline specifications, estimate of anticipated cost in accordance with the schematic
designs, and other documents for the Owner's approval and the Construction Manager'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.
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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
Construction Manager's information. The Architect/Engineer shall provide an estimate of
anticipated costs in accordance with the design development phase.
2.4.4 The Design Development Documents must be approved in writing, by the Owner prior to
Architect/Engineer continuing to the Construction Documents Phase.
2.5 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:
a. Building perimeter(footprint)and exterior wall type, thickness and composition
fixed.
b. Structural grid or system.
C. Major mechanical/electrical systems determined and their requirements reflected
and indicated on plans.
d. Indicate building core—elevators, stairs, etc.
e. All internal partitions of appropriate thickness indicated.
f. Floor, slab, and level elevations.
g. Typical door types.
h. Typical partition types.
i. Built-in furniture items—special furniture and equipment(early clarification of
what is "NIC"and "by owner").
J. Larger scale(e.g., %:"), Key areas, lobby, entries, public plaza, major corridors,
special spaces, etc. Required: All surfaces (floor, wall, and ceiling treatments),
furniture Indication, and layout.
k. Evacuation routes identified (to include locating necessary posting of evacuation
route plans).
2.5.2 General Elevations
a. Total full-height facades including roof structures.
b. All fenestration.
C. Overall vertical building and floor heights.
d. Indicate cross-reference points with sections.
e. Indicate setbacks, building profiles, expansion joints, etc.
f. Indicate treatment of visible mechanical equipment.
g. System impact(precast concrete, stone, panel systems, metal/glass curtain wall,
etc.)properly selected by adequate technical investigation.
2.5.3 Sections--Overall Sections - Overall building longitudinal and transverse "building
explanation" type. Detail Wall Sections - Largest scale (e.g., '/"). Dominate full-height
sections conveying basic building configuration, to indicate:
a. Foundation and perimeter treatment.
b. Typical wall construction.
C. Back-up structure, abutting floor systems.
d. Window location and insulation methods.
e. Flashing, masonry coursings.
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2.3 SCHEMATIC DESIGN PHASE REQUIREMENTS
2.3.1 The Schematic Design Phase services shall respond to program requirements and
consist of preparation of: conceptual site and building plans, preliminary sections and
elevations, development of approximate dimensions, areas and volumes, concept sketches as
required to explain the design intent to the owner. Perspective renderings and models, if
required by the Owner, will be billed as an additional service as billed as a reimbursable
expense if that service is performed by additional consultants after the Owner's written approval.
The Architect/Engineer shall perform the following design phase tasks:
a. Structural Design/Documentation services during the Schematic Design Phase
consisting of recommendations regarding basic structural materials and systems,
analyses, and development of conceptual design solutions for: a predetermined
structural system and alternate structural systems.
b. Mechanical Design/Documentation services during the Schematic Design Phase
consisting of consideration of alternate materials, systems and equipment, and
development of conceptual design solutions for energy source (s), energy
conservation, heating and ventilating, air conditioning, plumbing, fire protection,
special mechanical systems, process systems, and general space requirements.
C. Electrical Design/Documentation services during the Schematic Design Phase
.consisting of consideration of alternate systems, recommendations regarding
basic electrical materials, systems and equipment, analyses, and development of
conceptual design solutions for power service and distribution, lighting,
telephones, fire detection and alarms, security systems, electronic
communications, special electrical systems, and general space requirements.
d. Civil Design/Documentation services during the Schematic Design Phase
consisting of consideration of alternate materials and systems and development
of conceptual design solutions for: on-site utility systems, off-site utilities work,
fire protection systems, drainage systems, sewage treatment, and paving.
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.
2.4.2 At intervals mutually agreeable to the Owner, Construction Manager and
Architect/Engineer, the Architect/Engineer shall provide drawings and other documents which
depict the current status of design development for the Owner's review and the Construction
Manager's information. The Architect/Engineer shall provide an estimate of anticipated cost in
accordance with the design development phase.
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f. Mechanical penetrations impact(furring, etc.).
g. Parapet design.
2.5.4 Details - Large scale (1-1/2", 3")as required. Indicate key conditions.
a. Window types: divisions, pattern, mullion profiles, vent detail, glazing type,
jamb/head, plan section.
b. Hollow metal (typical only; keyed to plans and schedules).
C. Frame types (typical only; for compatibility and profile).
d. Stair types -egress, public, exterior(including railing design) Metal and glass
walls, borrowed lights, etc.; for division, profile, and glazing.
f Interior partition types (typical only; keyed to plans and schedules).
g. Built-in furniture items, receptions, desks, work tops, counters, cabinet types,
display cases, recesses, wardrobes, millwork, etc.
2.5.5 Interior Elevations—Typical and special spaces, interfaced with, and cross-referenced
to, floor and reflected ceiling plans. Indicate:
a. Breaks.
b. Level changes.
C. Pertinent vertical dimensions.
2.5.6 Reflected Ceiling Plana-Typical and special space. Integrated plans reflecting
structural, mechanical, and electrical impacts. Plans to indicate:
a. Lighting layouts.
b. Soffits, coves, furrings.
C. Skylight locations.
d. Ceiling materials.
e. Acoustic treatments.
f. Heating and ventilating register, diffuser locations.
g. Sprinklers.
h. Access panels.
2.5.7 Schedules -Schedules to be nonrepetitive and comprehensive, with specific keying to
floor plans and elevations.
a. Interior finishes.
b. Doors and frames.
C. Preliminary hardware.
d. Window/glazing.
2.5.6 Specifications-Comprehensive, abbreviated methods, materials and systems
descriptions in tune with drawings. Use CSI format with applicable section numbers.
Include all consultant portions as well as those special supplementary conditions specific
to the project.
2.5.9 Preliminary Estimate of Construction Cost-Adjustment of the preliminary estimate of
construction cost prepared at the end of schematic design.
2.5.10 Structural Design Development Set
a. Floor plans at the same scale as the architectural/engineering drawings
b. Typical floor framing plans, including sizing of beam drops, slab openings,
thicknesses, and depressions
c. Framing indication and governing sizing at: roof structures, penthouse,
bulkheads, other
d. Nontypical framing scheme where required: lobby, floors at grade, and other
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e. All column points established
f. Final column schedule
g. Preliminary details and sections to adequately indicate structural system
h. Preliminary details of major unique conditions that impact on scheme (as
determined by the Architect/Engineer)
I. Details indicating accommodation with mechanical/electricat at areas of major
interface
j. Design development specifications
k. Any necessary recommended adjustments to the preliminary estimate of
construction cost.
2.5.11 Mechanical/Electrical Design Development Set
a. Typical floor plans. Systems representation in diagrammatic (nondetailed) style,
major items of equipment indicated, their space requirements and interface
requirements with other systems. Indicate: major shafts (sizes), chases,
mechanical rooms and electric closets, and convector/fan coil locations, etc.
b. Required punctures: wall, slab, and beam
C. Terminal plans (lobby, cellar, roof)with items of heavy equipment shown in
diagrammatic style, with their space requirements indicated: (1)Boller/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).
f. Data to be developed in conjunction and in coordination with the project team:
1. Integrated diagrammatic lighting plans indicating all overhead mechanical
and electrical equipment for typical floor and special spaces
2. Cuts and explanatory information for interior visual items such as:
louvers, registers, heating/cooling units, and cabinets.
3. Exterior louver requirements and proposed locations.
2.5.12 Site Design Development Set
a. Building location plan—building tied down dimensionally with pertinent
adjacencies, street lines and grades, property lines, required setbacks,
easements, rights of way, manholes, sewers, hydrants, light standards, etc.,
interfaced with survey.
b. Main entry level datum elevation with key exterior grades at building perimeter.
C. Site development grading and landscaping plans
d. Overall preliminary site grading and defined design of external elements, properly
coordinated and interfaced with mechanical/electrical for utility entry points
e. Indicate areaways, vaults, access to subgrade spaces
f. Preliminary site and exterior building lighting scheme with identification of fixture
types
g. Parking area defined with preliminary plotting
h, Indication of paths, stairs, ramps, berms, terraces, etc.
i. Plant materials (indication and preliminary schedule)
j. Design development details: railings, stairs, ramps, paving types and patterns,
kiosks, benches, light standards, others
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k. Design development specifications
1. Any necessary adjustments to the preliminary estate of construction cost.
2.5.13 Other Consultants' Design Development Sets—As appropriate to the Project.
2.5.14 Limitations - The above list of drawings represents, in general, the requirements of the
Project.
2.6 CONSTRUCTION DOCUMENTS PHASE
authorized by the Owner in the scope or quality of the Project of in
2.6.1 Based on the approved Design Development Documents and any further adjustments
the construction budget, the
Architect/Engineer shall prepare, for approval by the Owner and Construction Manager,
Construction Documents consisting of Drawings and Specifications setting forth in detail the
requirements for the construction of the project.
2.6.2 The Architect/Engineer shall provide Drawings and Specifications for the Owner's and
the Construction Manager's review.
2.6.3 -Upon completion of the Construction Documents Phase, the Architect/Engineer shall
provide Construction Documents for the Owner's and Construction Manager's approval. Once
approved the Architect/Engineer shall provide the Owner two (2)complete signed and sealed
sets of construction drawings and the technical specifications saved electronically in Adobe
Acrobat rile (.pdf) format. Any and all flies used to create the technical specifications need to be
submitted saved as an Adobe Acrobat file (.pdf)fomat, 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 Construction Manager in the
preparation of the necessary bidding Information, bidding forms, the Conditions of Contracts,
and the forms of Agreement between the Owner and the Contractors.
2.6.5 The Architect/Engineer's construction documents (plans, specifications, e
conform to all written codes and regulations of the federal government,
municipalities, agencies and state departments, In effect at the date of this Ag tc.)will
reement, and shall
be of such completion as to receive all permits when applied for. N permits are denied, then the
Architect/Engineer will conform the construction documents in such manner to receive permits
state, city, county, or agency specifications to allow them to be approved shall be corn upon such plans. Work required by the Architect/Engineer to conform the documents to federal,
no charge or cost to the Owner. pleted at
2.7 BIDDING OR NEGOTIATION PHASE
2.7.1 The Architect/Engineer, following the Owners approval of the Construction Documents
and the Architect/Engineees latest estimate of Construction Cost, shall assist the Construction
Manager in obtaining bids or negotiated proposals and assist in preparing contracts for
construction.
2.7.2 The Architect/Engineer shall assist the Construction Manager in issuing bidding
documents to bidders and conducting pre-bid conferences with prospective bidders. The
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Architect/Engineer, with the assistance of the Construction Manager, shall respond to questions
from bidders, and shall issue addenda.
2.7.3 The Architect/Engineer shall, on behalf of the Owner, file all necessary documents
required to secure building permit. Assistance with securing a development approval will be in
the form of providing schematic drawings.
2.8 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
2.8.1. The Architect/Engineees responsibility to provide Basic Services for the Construction
Phase under this Agreement commences with the award of the Contract for construction and
terminates with the issuance to the Owner of the final Project Certificate for Payment including
the submission of all project close out documents by the Architect/Engineer and Contractor.
The Architect/Erigineer 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 shall be given to the Contractor by the Architect/Engineer or Construction Manager.
2.8.4 Upon receipt, the Architect/Engineer shall carefully review and examine the Contractor's
Schedule of Values, together with any supporting documentation or data which the Owner or the
Architect/Engineer may require from the Contractor. The purpose of such review and
examination shall be to protect the Owner from an unbalanced Schedule of Values which
allocates greater value to certain elements of the Work than is Indicated by such supporting
documentation or data, or than Is reasonable under the circumstances. If the Schedule of
Values were not found to be appropriate, or if the supporting documentation or data is deemed
to be inadequate, and unless the Owner directs the Architect/Engineer to the contrary in writing,
the Schedule of Values shall be returned to the Contractor for revision of supporting
documentation or data. After making such examination, if the Schedule of Values is found to be
appropriate as submitted, or if necessary, as revised, the Architect/Engineer shall sign the
Schedule of Values thereby indicating its informed belief that the Schedule of Values constitutes
a reasonable, balanced basis for payment of the Contract Price to the Contractor. The
Architect/Engineer shall not approve such Schedule of Values in the absence of such belief
unless directed to do so, in writing, by the Owner.
2.8.5 The Architect/Engineer shall carefully inspect the work of the Contractor and shall, at a
minimum, inspect work at the Project site once every week. The purpose of such inspections
shall be to determine the quality and quantity of the work in comparison with the requirements of
the Construction Contract. In making such inspections, the Architect/Engineer shall protect the
Owner from continuing deficient or defective work, from continuing unexcused delays in the
schedule and from overpayment to the Contractor. Following each inspection, the
Architect/Engineer shall submit a written report of such inspection, together with any appropriate
comments or recommendations to the Owner.
9
2.8.6 The Architect/Engineer shall initially approve periodic and final payments
Contractor under the Construction Contract predicated upon inspectio s o hework and the
evaluations of the Contractor's rate of progress in light of the remaining contract time and shall
issue to the Owner Approvals of Payment in such amounts. By issuing an Approval of Payment
to the Owner, the Architect/Engineer reliably informs the Owner that the Architect/Engineer has
made the inspection of the work required, and that the work for which payment is approved has
reached the quantities or percentages of completion shown, or both, that the quality of the
Contractor's work meets or exceeds the requirements of the Construction Contract, and that
under the terms and conditions of the Construction Contract, the Owner is obligated to make
payment to the Contractor of the amount approved.
2.8.7 The issuance of a Certificate for Payment shall not be a representation that the
Architect/Engineer has (1) made exhaustive or continuous on-site inspections to check the
ruction means, methods, techniques,
quality or quantity of the Work. (2) reviewed construction
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 Archltect/Engineer shall have authority, after notillcation to the Construction
Manager, to reject Work, which does not conform to the Contract Documents. Whenever the
Architect/Engineer considers it necessary or advisable for implementation of the intent of the
Contract Documents the Architect/Engineer will have authority, upon written authorization from
the Owner, to require additional inspection or testing of the Work in accordance with the
provisions of the Contract Documents, whether or not such Work is fabricated, installed or
completed.
2.8.9 The Architect/Engineer shall review and approve or take other appropriate action upon
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with information given and the design concept
expressed in the Contract Documents. The Architect/Engineer's action shall be taken with such
reasonable promptness as to cause no delay in the Contractor's Work or in construction by the
Owner's own forces, while allowing sufficient time in the Architect/Engineer's professional
judgment to permit adequate review. Review of such submittals is not conducted for the
purpose of determining the accuracy and completeness of other details such as dimensions and
quantities or for substantiating instructions for Installation or performance of equipment or
systems designed by the Contractors, all of which remain the responsibility of the Contractors to
the extent required by the Contract Documents. The Architect/Engineer's review shall not
constitute approval of safety precautions or, unless otherwise specifically stated by the
Architect/Engineer, of construction means, methods, techniques, sequences, or procedures.
The Architect/Engineer's approval of a specific item shall not indicate approval of an assembly
of which the item is a component. When professional certification of performance characteristic
of materials, systems or equipment is required by the Contract Documents, the
Architect/Engineer shall be entitled to rely upon such certification to establish that the materials,
systems or equipment will meet the performance criteria required by the Contract Documents.
Architect/Engineer shall take appropriate action on submittals within 14 calendar days. The
Architect/Engineer shall maintain a tracking log for the submittals which shall include but not be
limited to; the submittal as named in the specification, all dates as required for tracking and the
status of approval. A copy of the tracking log will be made available to Owner when requested.
2.8.10 The Architect/Engineer shall review and sign or take other appropriate action on Change
Orders and Construction Change Directives prepared by the Construction Manager for the
10
Owner's approval and execution in accordance with the Contract Documents.
Architect/Engineer to take appropriate action within 7 calendar days.
2.8.11 The Architect/Engineer shall promptly provide appropriate interpretations as necessary
for the proper execution of the work as long as there is no change in Contract price.
2.8.12 The Architect/Engineer shall require inspection or reinspection and testing or retesting of
the work, to include architectural/engineering, structural, mechanical and electrical engineering
portions of the work, in accordance with the provisions of the Construction Contract whenever
appropriate.
2.8.13 The Architect/Engineer, assisted by the Construction Manager, 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/Englneer shall
forward to the Construction Manager 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.
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
Archltect/Engineer's response to such requests shall be made with promptness and within
seven (7) days of receipt of request.
2.8.15 Interpretations and decisions of the Architect/Engineers shall be consistent with the
Intent of and reasonably Inferable from the Contract Documents and shall be in writing or in the
form of drawings and submitted on proper Construction Change Directives.
2.8.16 The Architect/Engineer shall render written decisions within a reasonable time on all
claims, disputes or other matters in question between Owner and Contractors relating to the
execution or progress of the Work as provided in the Contract Documents.
2.8.17 Duties, responsibilities and limitations of authority of the Architect/Engineer shall not be
restricted, modified or extended without written agreement of the Owner and Architect/Englneer.
2.8.18 The Architect/Engineer shall be a representative of and shall advise and consult with the
Owner(1)during construction until final payment to the Contractor is due and (2) as a Basic
Service at the Owner's direction from time to time during the correction period described in the
Contract for Construction. This advice and consultation shall be limited to verbal comment on
actions of the Owner and shall not necessitate filing of records, forms, or revisions to drawings,
without additional compensation.
2.8.19 The Architect/Engineer shall transmit to the Owner all manuals, operating instructions,
as-built plans, warranties, guarantees and other documents and things required by the
Construction Contract and submitted by the Contractor.
2.8.20 The ArchitectlEngineer 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
11
the contract documents. The Architect/Engineer shall not have control over or charge of acts or
omissions of the Contractor, Subcontractors, or their agents or employees, or of any other
persons performing portions of the work.
2.8.21 The Architect/Engineer shall testify in any judicial proceeding concerning the design and
construction of the project when requested in writing by the Owner, and the Architect/Engineer
shall make available to the Owner any personnel or consultants employed or retained by the
Architect/Engineer for the purpose of reviewing, studying, analyzing or investigating any claims,
contentions, allegations, or legal actions relating to, or arising out of, the design or construction
of the project. Testimony will be provided as part of the basic services when in defense of
claims for actions of the 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.
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.
ARTICLE ill
3.1 GENERAL
3.1.1 The services described in this Article 1I1 are not included In Basic Services. They shall
be paid for by the Owner as provided In this agreement as an addition to the compensation paid
for the Basic Services but only if approved by the Owner before commencement.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in subparagraph 2.8.5 is
required, the Architect/Engineer shall provide one or more project representatives to assist in
carrying out such additional on-site responsibilities.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing detailed quantity surveys or inventories of material and equipment.
3.4.2 Providing analyses of owning and operating costs.
3.4.3 Providing interior design and other similar services required for or in connection with the
selection, procurement or installation of furniture, furnishings and related equipment.
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3.4.4 Providing assistance in the utilization of equipment or systems such as testing, adjusting
and balancing, preparation of operation and maintenance manuals, training personnel for
operation and maintenance, and consultation during operation.
3.4.5 Providing planning surveys, site evaluations or comparative studies of prospective sites.
3.4.6 Providing special surveys or environmental studies required for approvals of
governmental authorities or others having jurisdiction over the project.
3.4.7 Providing service relative to future facilities, systems and equipment.
3.4.8 Providing detailed estimates of the construction cost (an item by item enumeration and
analysis of all the costs that go to make up the Architect/Engineer's final estimate described in
paragraph 5.1).
3.4.5 Making investigations, inventories of materials or equipment, or valuations and detailed
appraisals of existing facilities.
3.4.10 Providing services of consultants for other than architecturaUengineering, civil, structural,
mechanical and electrical engineering portions of the Project provided as a part of Basic
Services.
3.4.11 Providing any other services not otherwise included in this Agreement or not customarily
furnished in accordance with generally accepted archttecturaVengineering practice.
3.4.12 Providing assistance with public agencies requiring formal review of project and
preparation of documents, reports, studies, renderings, models, payment of fees, applications
and other material necessary to seek such approval.
3.4.13 Providing representation before public bodies In conjunction with approval of project,
upon approval by owner.
3.5 CONTINGENT ADDITIONAL SERVICES
3.5.1 Making revisions in Drawings, Specifications or other documents when such revisions
are:
a. Inconsistent with approvals or instructions previously given by the Owner,
including revisions made necessary by adjustments in the Owner's program or
Project budget;
b. Required by the enactment or revision of codes, laws or regulations subsequent
to the preparation of such documents and not reasonably anticipated; or
C. Due to changes required as a result of the Owner's failure to render decisions in
a timely manner.
3.5.2 Providing services required because of significant changes in the Project including, but
not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or
negotiating and contracting for construction.
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3.5.3 Providing consultation concerning replacement of work damaged by fire or other cause
during construction, and furnishing services required in connection with the replacement of such
work.
3.5.4 Providing services in connection with public hearings.
ARTICLE IV
OWNER'S RESPONSIBILITIES
4.1 The Owner shall establish and update an overall budget for the Project based on
consultation with the Construction Manager and the Architect/Engineer, which shall include the
Construction Cost, the Owner's other costs and reasonable contingencies related to all of these
costs.
4.2 The Owner shall designate the Construction Manager to act on the Owner's behalf with
respects to the Project. The Owner or Construction Manager shall render decisions In a timely
manner pertaining to documents submitted by the Architect/Engineer in order to avoid
unreasonable delay in the orderly and sequential progress of the Architect/Engineer's services.
4.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and
utility locations for the site of the Project, and a written legal description of the site. The surveys
and legal information shall include, as applicable, grades and lines of streets, alleys,
pavements, and adjoining property and structures; adjacent drainage; rights-of-way; restrictions,
easements, encroachments, zoning, deed restrictions, boundaries and contours of the site;
locations, dimensions and necessary data pertaining to existing buildings. other improvements
and trees; and information concerning available utility services and lines, both public and
private, above and below grade, Including inverts and depths. All the information on the survey
shall be referenced to a Project benchmark.
4.4 The Owner shall furnish the geotechnical tests when requested by the
Architect/Engineer. Such tests may include, but not limited to, test borings, test pits,
determinations of soil bearing values, percolation tests, evaluations of hazardous materials, and
ground corrosion and resistively tests, including necessary operations for anticipating subsoil
conditions, with reports and appropriate professional recommendations.
4.5 The Owner shall furnish all legal, accounting and Insurance counseling services as may
be necessary at any time for the Project, including auditing services the Owner may require to
verify the Contractor's Application for Payment or to ascertain how or for what purposes the
Contractor has used the money paid by or on behalf of the owner.
4.6 The services, information, surveys and reports shall be furnished at the Owner's
expense, and the Architect/Engineer shall be entitled to rely upon the accuracy and
completeness thereof.
4.7 Prompt written notice shall be given by the Owner and Construction Manager to the
Architect/Engineer if they become aware of any fault or defect in the Project or non-
conformance with the Contract Documents.
4.5 The proposed language of certificate or certificates requested of the Architect/Engineer
or Arch itect/Engineer's consultants shall be submitted to the Owner for review and approval at
14
least 14 days prior to execution. The Owner shall not request certifications that would require
knowledge or services beyond the scope of this Agreement.
4.9 The Owner shall fumish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
Architect/Engineees services and work of the contractors.
4.10 The Owner shall famish the Architect/Engineer copies of written communications.
4.11 The Owner's review of any documents prepared by the Architect/Engineer or its
consultants shall solely for the purpose of determining whether such documents are generally
consistent with the Owner's criteria, as and if, modified. No review of such documents shall
relieve the Architect/Engineer of responsibility for the accuracy, adequacy, fitness, suitability or
coordination of its work product.
4.12 The Owner shall fumish structural, mechanical, chemical, air and water pollution tests,
tests for hazardous materials, and other laboratory and environmental tests, Inspections and
reports required by law or the Contract Documents.
ARTICLE V
CONSTRUCTION COST
5.1 Contemporaneously with the submission of the Design of Construction, the
Architect/Engineer shall submit to the Owner in writing Its final estimate of the contractor's
anticipated price for constructing the Project. Once submitted, the final anticipated price
estimate shall be adjusted by the Architect/Engineer to reflect any increase or decrease in
anticipated price resulting from the change In Design for Construction.
5.2 The Construction Cost shall be the total estimated cost to the Owner of all elements of
the project designed or specified by the Architect/Engineer.
5.3 The Construction Cost shall include the cost at current market rates of labor and
materials fumished by the Owner and equipment designed, specified, selected or specially
provided for by the Architect/Engineer, plus a reasonable allowance for the Contractor's
overhead and profit.
5.4 Construction cost does not Include the compensation of the Architect/Engineer and the
Architect/Engineees consultants, the costs of land, rights-of-way, financing or other costs which
are the responsibility of the Owner.
5.5 The Architect/Engineer agrees that, should the bid for construction of the project exceed
it's estimate by ten percent(10%) or more, it will redesign, redraw and/or rebid, at no additional
or expense to the Owner, until the bids are within the stated limits.
ARTICLE VI
6.1 INDEMNIFICATION AND HOLD HARMLESS
6.1.1 The Architect/Engineer convenants and agrees to indemnify and hold harmless Monroe
County and Monroe County Board of County Commissioners from any and all claims for bodily
injury(including death), personal injury, and property damage (including property owned by
15
Monroe County) and any other losses, damages, and expenses (including attorney's fees)
which arise out of, in connection with, or by reason of services provided by the
Architect/Engineer in any tier, occasioned by the negligence, errors, or other wrongful act or
omission of the Architect/Engineer in any tier, their employees, or agents. The first ten dollars
($10.00)of remuneration paid to the Architect/Engineer is for the indemnification provided for
above. The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement. Should any claims be asserted
against the Owner by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Architect/Engineer, the Architect/Engineer agrees and warrants that he shall
hold the Owner harmless and shall Indemnify him from all losses occurring thereby and shall
further defend any claim or action on the Owner's behalf.
ARTICLE VII
7.1 PERSONNEL
7.1.1 The Architect/Engineer shall assign only qualified personnel to perform any service
concerning the project. At the time of execution of this contract, the parties anticipate that the
following named individuals will perform those functions as indicated:
NAME FUN_ CTION NAME FUNCTION
Michael B. In-gram Princloal. Sr. Architect Robert Burrows Draftsoerso►3
Scott C. Maloney Proiect Lialson. Mgr/Archt II Tara Pesta Draftsoerson
Harry D. Keaaler Architect II Bolan Mlocinovic Draftsuerson
Peter Oliver Archite Maryanne Johnson Adm. Assist.
Marty Herrin Draftsperson Line Robles Adm. Assist.
Jeni McKinniss Draftsperson Karrie Williams Bus, Dev.Mgr.
So long as the Individuals named above remain actively employed or retained by the
Architect/Engineer, they shall perform the functions indicated next to their names.
ARTICLE VIII
8.1 PAYMENTS
8.1.1 For its assumption and performances of the duties, obligations and responsibilities set
forth herein, the Architect/Engineer shall be paid monthly, in accordance with the following
schedule:
(A) The ArchitecturaVEngineering fee shall be based on the following criteria:
1. Schematic Design 15 percent
2. Design Development Phase 30 percent
3. Construction Documents Phase 30 percent
4. Bidding or Negotiation Phase: 5 percent
5. Construction Phase 20 percent
An estimated construction cost of each project and a fee percentage thereof shall be
initially used to calculate the architectural/engineering fee. When the actual construction
cost is known, the fee will be adjusted in accordance with the State of Florida,
Department of Management Services, Division of Building Construction Fee Schedule
for Architectural and Engineering Services, attached hereto as Exhibit A.
16
A final adjustment will be made when construction is complete.
(B) For the performance of the optional additional services and contingent additional
services described in Article III of this contract, provided same are first authorized in
writing by the Owner, the Architect/Engineer shall be paid hourly at the rates identified in
Exhibit B, or as negotiated.
(C) If the Architect/Engineer's duties, obligations and responsibilities are materially
changed through no fault of the Architect/Engineer after execution of this contract,
compensation due to the Architect/Engineer shall be equitably adjusted, either upward or
downward.
(D) As a condition precedent for any payment due under this contract, the Architect/
Engineer shall submit monthly, unless otherwise agreed in writing by the Owner, an
invoice to the Owner requesting payment for services properly rendered and
reimbursable expenses due hereunder. The ArchitectlEngineer's invoice shall describe
with reasonable particularly the service rendered. The Architect/Engineer's invoice shall
be accompanied by such documentation or data In support of expenses for which
payment is sought that the Owner may require.
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable expenses Include expenses incun-ed by the Architect/Engineer in the
interest of the project:
a. Expense of transportation submitted by Architect/Engineer, in writing, and living
expenses in connection with out-of-county travel authorized by the Owner, In
writing, but only to the extent and in the amounts authorized by Section 112.061,
Florida Statutes;
b. Fees paid for securing approval of authorities having jurisdiction over the project;
C. Reproductions as requested only by the Owner(beyond 8 signed and sealed full
size sets, plus one full size reproducible set, and one 11 x 17 reproducible set);
d. Postage and handling of Drawings and Specifications;
e. Renderings and Models requested by the Owner.
A1tTICLE IX
9.1 APPLICABLE LAW
9.1.1 This contract is governed by the laws of the State of Florida. Venue for any Litigation
arising under this contract must be in Monroe County, Florida.
ARTICLE X
OWNERSHIP OF THE PRELIMINARY DESIGN AND THE DESIGN FOR
CONSTRUCTION
17
10.1 The Drawings, Specifications and other documents prepared by the Architect/Engineer
for this project are instruments of the Architect/Engineer's service for use solely with respect to
this project, and the Architect/Engineer shall be deemed the author of these documents and
shall retain all common law, statutory and other reserved rights, including reproducible copies,
of the Architect/Engineer's Drawings, Specifications and other documents shall not be used by
the Owner or others on other projects, or for completion of this project by others, unless the
Architect/Engineer is adjudged to be in default under this Agreement, except by agreement in
writing and with appropriate compensation to the Architect/Engineer.
10.1.2 Submission or distribution of documents to meet official regulatory requirements or for
similar purposes in connection with the project is not to be construed as publication in
derogation of the Architect/Engineer's reserved rights.
10.1.3 The As-Built drawings and specifications may be furnished by the contractor to the
Owner in electronic format In addition to the original As-Built documents .
10.1.4 The Owner may utilize the construction documents,As-Built documents, etc. as required
for reference on any necessary future work on the site.
ARTICLE XI
11.1 SUCCESSORS AND ASSIGNS
11.1.1 The Architect/Engineer shall not assign its right hereunder, accepting its right to
payment, nor shall It delegate any of its duties hereunder without the written consent of the
Owner. Subject to the provisions of the Immediately preceding representatives to the other and
to the successors, assigns and legal representatives of such other party.
ARTICLE XII
12.1 NO THIRD PARTY BENEFICIARIES
12.1.1 Nothing contained herein shall create any relationship, contractual or otherwise, with or
any rights in favor of, any third party.
ARTICLE XIII
13.1 INSURANCE
13.1.1 The Architect/Engineer shall obtain insurance as specified in the contract and maintain
the required insurance at all times this contract is in effect. Errors and Omissions Insurance
shall also be maintained for a period of two years after final completion of the project. In the
event the completion of the project(to include the work of others) is delayed or suspended as a
result of the Architect/Engineer's failure to purchase or maintain the required insurance, the
Architect/Engineer shall indemnify the County from any and all increased expenses resulting
from such delay.
13.1.2 The coverage provided herein shall contain an endorsement providing sixty(60)days
notice to the Owner prior to any cancellation of said coverage. Said coverage shall be written by
an insurer acceptable to the Owner and shall be in a form acceptable to the Owner.
l�
ARTICLE XIV
TERMINATION
14.1 Either party hereto may terminate this contract upon giving seven (7)days written notice
to the other in the event that such other party
substantially faits to perform its material obligations set forth herein. Termination expenses shall
include all expenses till date of termination and any additional services required in order to stop
performance of services, subject to audit for verification.
14.1.1 Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of County Commissioners and the approval of the
Board members at the time of contract initiation and its duration.
ARTICLE XV
ENTIRE AGREEMENT
15.1 This contract consists of the form of agreement(Articles 1-XVI), the exhibits that are
attached and made a part of the contract, and the documents referred to in the form of
agreement as a part of this contract. In the event any conflict between any of those contract
documents, the one imposing the greater burden on the Architect/Engineer will control.
15.2 A person or affiliate who has been place on the convicted vendor list following a
conviction for public entity crime may not submit a bid on 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
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 38 months from the date of being
placed on the convicted vendor list.
ARTICLE XVI
Added Requirements
16.1 The following items are part of this contract:
a) Architect/Engineer shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other party to
this Agreement for public records purposes during the term of the Agreement and for four years
following the termination of this Agreement. If an auditor employed by the County or Clerk
determines that monies paid to Architect/Engineer pursuant to this Agreement were spent for
purposes not authorized by this Agreement, the Architect/Engineer shall repay the monies
together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies
were paid to Owner.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall
be governed by and construed in accordance with the laws of the State of Florida applicable to
19
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,
the County and Architect/Engineer agree that venue will lie in the appropriate court or before the
appropriate administrative body in Monroe County, Florida. The Parties waive their rights to a
trial by jury. The County and Architect/Engineer agree that, in the event of conflicting
interpretations of the terms or a term of this Agreement by or between any of them the issue
shall be submitted to mediation prior to the institution of any other administrative or legal
proceeding.
c) Severability. If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a count of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each
remaining term, covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The County and Architect/Engineer
agree to reform the Agreement to replace any stricken provision with a valid provision that
comes as close as possible to the intent of the stricken provision.
d) Attorneys Fees and Costs. The County and Architect/Engineer agree that in the
event any cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as
an award against the non-prevailing party, and shall include attorney's fees, courts costs,
investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be In accordance with the Florida
Rules of Civil Procedure and usual and customary procedures required by the circuit court of
Monroe County.
e) Binding Effect. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Architect(Engineer and their
respective legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law.
g) Claims for Federal or State Aid. Architect/Engineer 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.
h) Adjudication of Disputes or Disagreements. County and Architect/Engineer
agree that all disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If no resolution can be agreed upon
within 30 days after the first meet and confer session, the issue or issues shall be discussed at
a public meeting of the Board of County Commissioners. if the issue or issues are still not
resolved to the satisfaction of the parties, then any party shall have the right to seek such relief
or remedy as may be provided by this Agreement or by Florida law.
i) Cooperation. in the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this
20
t
Agreement, County and Owner agree to participate, to the extent required by the other party, in
all proceedings, hearings, processes, meetings, and other activities related to the substance of
this Agreement or provision of the services under this Agreement. County and Owner
specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
j) Nondiscrimination. Architect/Engineer and Owner agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the court
order. Architect/Engineer or Owner agree to comply with all Federal and Florida statutes, and
all local ordinances, as applicable, relating to nondiscrimination. These include but are not
limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination
on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as
amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis
of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The
Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527(42 USC ss. 690dd-3 and 290ee-3), as amended, relating
to confidentiality of alcohol and drug abuse patent records; 8) Title Vill of the Civil Rights Act of
1968 (42 USC s. at seq.), as amended, relating to nondiscrimination in the sale, rental or
financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as
maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10)
Any other nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement, 11) Monroe County Code Chapter 13,
Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age.
k) Covenant of No Interest. Architect/Engineer and Owner covenant that neither
presently has any Interest, and shall not acquire any interest, which would conflict in any
manner or degree with its performance under this Agreement, and that only interest of each is to
perform and receive benefits as recited in this Agreement.
I) Code of Ethics. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
m) No Solicitation/Payment. The Architect/Engineer and Owner warrant that, in
respect to itself, it has neither employed nor retained any company or person, other than a bona
fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the Architect/Engineer 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.
21
rt
n) Public Access. The Architect/Engineer and Owner shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters or other materials in its
possession or under its control subject to the provisions of Chapter 119, Florida.Statutes, and
made or received by the Architect/Engineer and Owner in conjunction with this Agreement, and
the Architect/Engineer shall have the right to unilaterally cancel this Agreement upon violation of
this provision by Owner.
o) Non-Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28, Florida
Statutes, the participation of the Architect/Engineer and the Owner 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.
p) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers,
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the County, when performing their respective functions under
this Agreement within the territorial limits of the County shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the County.
q) 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, authortzing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon
the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party
claim or entitlement to or benefit of any service or program contemplated hereunder, and the
Architect/Engineer and the Owner agree that neither the Architect/Engineer nor the Owner or
any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular Individual or group of individuals, entity or entities, have entitlements
or benefits under this Agreement separate and apart, Inferior to, or superior to the community in
general or for the purposes contemplated in this Agreement.
s) Attestations. Architect/Engineer agrees to execute such documents as the
Owner may reasonably require, to include a Public Entity Crime Statement, an Ethics
Statement, and a Drug-Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
u) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
22
constitute one and the same instrument and any of the parties hereto may execute this
Agreement by singing any such counterpart.
v) 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.
w) Prior to the execution of this agreement, the ARCHITECT/ENGINEER shall
furnish the OWNER Certificates of Insurance indicating the following coverages or in excess
thereof:
Workers's Compensation in the amount of statutory limits; Employers Liability is $100,000 per
occurrence, $500,000 per property damage, $100,000 per person; General Liability(Premises
Operations, Products and Completed Operations, Blanket Contractual Liability, Personal Injury
Liability, Expanded Definition of Property Damage) with $500,000 per Person, $1,000,000 per
Occurrence, $100,000 Property Damage or$1,000,000 Combined Single Limit; Vehicle Liability
should extend a liability for owned, non-owned and hired vehicles with coverage of$50,000 per
person; $100,000 per Occurrence, $25,000 Property Damage or$100,000 Combined Single
Limit;Architects Errors & Omissions with $1,000,000 per Occurrence/$3,000,000 Aggregate;
Engineers & Omissions with $1,000,000 per Occurrence/$3,000,000 Aggregate.
23
1�
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duty
authorized representative this 19 day of_�Z
a& •
(SEAL) BOARD OF COUNTY COMMISSIONERS-
„Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By: o�r d C. Ax..*Vart7;�-z) By. E
Deputy Clerk Mayor hairm
:"���
Date: S— $ ` 5� Date:
(Seal)
Attest: ARCHI CT/ENGINkR
BY: .
BY: ALL ,l ..
Title:: Title: ' - z^��
lUl
25
DRUG-FREE WORKPLACE FORM
The undersigned gvendor in accordance with Florida Statute 287,087 hereby certifies that:
i'�1I3� � �C G�'1 tQ.CN►i s��,�_� B�7C
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
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.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of
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 violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in subsection(1).
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 polo 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.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
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
requirements.
74,
Signature t f
/J
r
Date
OMB-MCP#5
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY.FLORIDA
ETHICS CLAUSE
� d ?2 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. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion,terminate this contract without liability and may also,in its discretion,
deduct from the contract or purchase price,or otherwise recover,the full amount of any fee,
commission,percentage,gift,or consideration paid to the former County officer or employee.
(signature
Date: °� �- � oa l�
i
STATE OF
COUNTY OF
PERSONALLY APPEARED BEFORE ME,the undersigned authority,
L//1U C--/CC,� M - fir'Pet Piz who,after first being sworn by me, affixed his/her
signature(name of individual signing)in the space provided above on this "-day of
120 1! .
41
NOTARY PUBLIC
My commission expires: KY D,
BEGKY D. HEDe
UER
`# -; No
PublicridaOMB-MCP FORM#4 My Comm.Ex2012` Commissio43p„ Bonded Through Assn.
NON&OLLUSION AFFIDAVIT
I, F1,10 0A-g4 i = 1 A ykll ,of the city of_
Lk. i _ r- -- according to law on my oath, and under penalty
of perjury,depose and'say that,
1.) I am Vec.B"hiC r to 1 the bidder making the Proposal for the
project described as foflows:
2.) the prices in this bid have been arrived at independently without collusion,
consultation, 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 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;and
4.) no attempt has been made or will be made by the bidder to induce any other
person, 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 awarding contracts for said project.
J. (Signature) !� J
STATE OF \.
COUNTY OF DATE t�c--L
PERSONALLY APPEARED BEFORE ME,the undersigned authority,
A-I aL 4°e-1 X2. may'- °y t who,after first being sworn by me,
(name of individual signing)
affixed his/her signature in the ace provided above on this day of
l
&� � P Y
20 //
NOTARY PUBLIC
My Commission Expires:
BECKY D. HE'RNANDEZ-BAUER
Notary Public-State of Florida
n •e My Comm.Expires Oct 1,2012
Commission#DO 827643
Bonded Through National Notary Assn.
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
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. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-
1990. For beach or violation of this provision the County may, in its discretion. deduct from the
contract or purchase price, or otherwise recover, the full amount of any fee, commission,
percentage, gift, or consideration paid to the former County officer or employee.
(Signature)
Date. /'►� D
STATE OF
COUNTY OF
Rk% tp—
Subscribed nd swo to (or affirmed) before me on `� b T (date) by
(name of affiant). He/She i personally known to me.
My commission expires:
,MS04mmm PUBL
� IC NOTARY
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24
EXHIBIT A
State Fee Curves
(2 Pages)
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EXHIBIT B
Fixed Hourly Rates
May 04 04 12: 11p chael Ingram
30529221S2
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A $1 41 ' ECruat MAY
RATES as of January 20";
Principal, Architect I $150.00/hour
Architect It $120.00/hour
Draftsman I $ 95.00/hour
Draftsman II $ 55.00/hour
Administrative Services $ 55.00/hour
f
. fay O 04 12: 11p heel Ingram
,r,• '052922162
NOW ca
rib i k2m Jim
ARZ' KI ' ECIUR'E MAY
Nam IN
REIMBURSABLES:
Blue Prints 2.50
Copies .25
Mileage
.35/mile
License Fees cost
MailingfShipping cost
Parking cost
Photographic documentation cost
Printing cost
Consultant Fees cost+ 10%
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