Item D16
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 16, 2006
Division:
Engineering
Bulk Item: Yes ~
No
Department: Facilities Development
Staff Contact Person: _Jerry Barnett
AGENDA ITEM WORDING: Approval of a Contract for Professional Services with MBI!K2M
Architecture, Inc. for the planning, design and construction administration of the new Public Works
facility to be located on Rockland Key.
ITEM BACKGROUND: On March 28, 2006, Statements of Qualifications (SOQ's) were received
for professional services associated with the development of the Lower Keys Public Works Facility. On
April 12, 2006 a selection committee evaluated the SOQ' s; and created a short -list of three firms. On
May 11, 2006, presentations were conducted by the three firms and were ranked according to
evaluation criteria listed in the Request for Qualifications. MBIIK2M Architecture, Inc. was the highest
of the three ranked firms.
PREVIOUS RELEVANT BOCC ACTION: On June 21,2006, the BOCC approved to negotiate a
contract with MBI!K2M Architecture, Inc. for the planning, design, and administration services for the
new Lower Keys Public Works Facility on Rockland Key.
CONTRACTIAGREEMENTCHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $288,000
BUDGETED: Yes ~ No
COST TO COUNTY: $288,000
SOURCE OF FUNDS:One-Cent Infrastructure
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
APPROVED BY: County Atty _ OMBlPurchasing
Risk Management _
DIVISION DIRECTOR APPROVAL:
David S. Koppel, P.E,
Included
AGENDA ITEM
Revised 2/05
COUNTY
CONTRACT SUMMARY
Contract with: MBI/K2M Architects
Contract
Effective Date: 08/16/06
Expiration Date:
Contract Purpose/Description:
Design and
Contract Manager: Ann
(Name)
X4439
(Ext. )
Facilities Devel/Stop #1
(Department/Stop #)
for BOCC meeting on
08/16/06
Agenda Deadline: 08/0 1 /06
CONTRACT COSTS
Total Dollar Value of Contract: $ 288,000
Budgeted? Yes[gl No D Account Codes:
Grant: $ N/A
County Match: $ N/ A
Current Year Portion: $ 31,000
24000-560620-CG050 1-53031 0-_
- - - -
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- - -
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ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Director
Changes
Need~ .
YesD NolSI]
Date Out
Risk Management
O.M.B.lPurchasing
YesD
YesD NoD
OMS Revised 2/27/01 Mep #2
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Contract, the Architect/Engineer makes the following express
representations and warranties to the County.
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 there under 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 standard of care for all professional services performed or furnished by Architect
under this Agreement will be the skill and care used by members of Consultant's
profession practicing under similar circumstances at the same time and in the same
locality. Architect makes no warranties, express or implied, under this Agreement or
otherwise, in connection with Architect's services.
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.
1.1.6 The Architect/Engineer's services shall be performed as expeditiously as is
consistent with professional skill and care and the orderly progress of the Project. The
Architect/Engineer shall submit, to the County, a schedule for the performance of the
Architect/Engineer's services which may be adjusted as the Project proceeds if approved
by the County, and shall include allowances for periods of time required for the County's
and Construction Management's review, and for approval of submission by authorities
having jurisdiction over the Project. Time limits established by this schedule shall not,
except for reasonable cause, be exceeded by the Architect/Engineer, or County.
ARTICLE II
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
Page 2 of 24
August1,2006
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 County. The
Architect/Engineer shall be responsible for designing the Project in accordance with the
analyses and recommendations of the geotechnical information furnished per Article 4.4.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect/Engineer shall review the program, schedule and construction
budget furnished by the County to ascertain the requirements of the Project and shall
arrive at a mutual understanding of such requirements with the County.
2.2.2 The Architect/Engineer shall review with the County 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 County 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/Engineer shall prepare, for approval by the County,
Schematic Design Documents consisting of drawings and other documents illustrating
the scale and relationship of Project components.
2.2.5 At intervals mutually agreeable to the County, Construction Manager and
Architect/Engineer, the Architect/Engineer shall provide drawings and other documents
which depict the current status of Schematic Design for the County'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.
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 County's approval and the
Construction Manager's information.
2.2.7 The Schematic Design must be approved in writing, by the County pnor to
Architect/Engineer continuing to the Design Development Phase,
2.3 SCHEMATIC DESIGN PHASE REQUIREMENTS
2.3.1 The Schematic Design Phase services shall respond to program requirements
and consist of preparation of: conceptual site and building plans, preliminary sections
and elevations, development of approximate dimensions, areas and volumes, concept
sketches as required to explain the design intent to the County. Perspective renderings
and models, if required by the County, will be billed as an additional service as billed as
a reimbursable expense if that service is performed by additional consultants after the
County'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
August 1, 2006
Page 3 of 24
solutions in written form 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 in written
form 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 in written form 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 DEVELOPMENTIDOCUMENT PHASE
2.4.1 Based on the approved Schematic Design Documents and any adjustments
authorized by the County in the program, schedule or construction budget, the
Architect/Engineer shall prepare Design Development Documents for the Construction
Manager's review and the County'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 County, Construction Manager and
Architect/Engineer, the Architect/Engineer shall provide drawings and other documents
which depict the current status of design development for the County'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.
2.4.3 Upon completion of the Design Development Phase, the Architect/Engineer shall
provide drawings, outline specifications and other documents for the County'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 County
prior to Architect/Engineer continuing to the Construction Documents Phase.
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.
Page 4 of 24
August 1, 2006
2.5.1 Floor Plans - This consists of general plans, overall coordinating plans, and plan
enlargements for important and special areas.
Data required:
a. Building perimeter (footprint) and exterior wall type, thickness and
composition fixed
b. Structural grid or system
c. Major mechanical/electrical systems determined and their
requirements reflected and indicated on plans
d. Indicate buildings core - elevators, stairs, etc.
e. All internal partitions of appropriate thickness indicated
f. Floor, slab, and level elevations
g. Typical door types
h. Typical partition types
i. Built-in furniture items - special furniture and equipment (early
clarification of what is "NIC" and "by County")
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/glasscurtain 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.
b.
c.
d.
e.
f.
g.
Foundation and perimeter treatment
Typical wall construction
Back-up structure, abutting floor systems
Window location and insulation methods
Flashing, masonry coursings
Mechanical penetrations impact (furring, etc.)
Parapet design
2.5.4
are as follows:
- Large scale (1-1/2",3") as required. Indicate key conditions, examples
a.
Window types: divisions, pattern, mullion profiles, vent detail, glazing
type, jamb/head, plan section
Page 5 of 24
August 1, 2006
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 Plans - Typical and special space. Integrated plans
reflecting structural, mechanical, and electrical impacts. Plans to indicate:
a. Lighting layouts
b. Soffits, coves, furrings
c. Skylight locations
d. Ceiling materials
e. Acoustic treatments
f. Heating and ventilating register, diffuser locations
g. Sprinklers
h. Access panels
2.5.7 Schedules Schedules to be nonrepetitive and comprehensive, with specific
keying to floor plans and elevations.
a. Interior finishes
b. Doors and frames
c. Preliminary hardware
d. Windows/glazing
2.5.8 Specifications - Comprehensive, abbreviated methods, materials and systems
descriptions in tune with drawings. Use CSI format with applicable section
numbers. Include all consultant portions as well as those special supplementary
conditions specific to the project.
2.5.9 Preliminary Estimate of Construction Cost - Adjustment of the preliminary
estimate of construction cost prepared at the end of schematic design.
2.5.10 Structural Design Development Set
c.
Floor plans at the same scale as the architectural/engineering drawings
Typical floor framing plans, including sizing of beam drops, slab openings,
thicknesses, and depressions
Framing indication and governing sizing at: roof structures, penthouse,
bulkheads, other
Nontypical framing scheme where required: lobby, floors at grade, and
other
All column points established
Final column schedule
a.
b.
d.
e.
f.
Page 6 of 24
August 1, 2006
g. Preliminary details and sections to adequately indicate structural system
h. Preliminary details of major unique conditions that impact on scheme (as
determined by the Architect/Engineer)
I. Details indicating accommodation with mechanical/electrical at areas of
major interface
J. Design development specifications
k. Any necessary recommended adjustments to the preliminary estimate of
construction cost.
2.5.11 Mechanical/Electrical Design Development Set
a. Typical floor plans. Systems representation in diagrammatic
(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, Locations of major roof-air handling equipment: cooling towers, exhaust
fans, etc.
d. Preliminary details of major and unique conditions that impact on scheme
(as determined by the Architect/Engineer)
e. 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
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a.
Building location plan--building tied down dimensionally with pertinent
adjacencies, street lines and grades, property lines, required setbacks,
easements, rights of way, manholes, sewers, hydrants, light standards,
etc., interfaced with survey.
Main entry level datum elevation with key exterior grades at building
perimeter.
Site development grading and landscaping plans
Overall preliminary site grading and defined design of external elements,
properly coordinated and interfaced with mechanical/electrical for utility
entry points
Indicate areaways, vaults, access to sub grade spaces
Preliminary site and exterior building lighting scheme with identification of
fixture types
Parking area defined with preliminary plotting
Indication of paths, stairs, ramps, beams, terraces, etc.
Plant materials (indication and preliminary schedule)
Design development details: railings, stairs, ramps, paving types and
patterns, kiosks, benches, light standards, others
Design development specifications
Any necessary adjustments to the preliminary estate of construction cost.
August 1, 2006
b.
c.
d.
e.
f.
g.
h.
I.
J.
k.
I.
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
2.6.1 Based on the approved Design Development Documents and any further
adjustments authorized by the County in the scope or quality of the Project of in the
construction budget, the Architect/Engineer shall prepare, for approval by the County
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
County'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 County's and Construction Manager's
approval. Once approved the Architect/Engineer shall provide the County eight (8)
complete signed and sealed sets of construction drawings and five (5) completed Project
Manuals with technical specifications, saved electronically in Adobe Acrobat file (.pdf)
format Any and all files used to create the technical specifications need to be submitted
saved as an Adobe Acrobat file (.pdf) format, including but not limited to; technical
sections, reports such as, asbestos, geotechnical, soils, paint, and photographs. The
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 County and Construction Manager in the
preparation of the necessary bidding information.
2.6.5 The Architect/Engineer's construction documents (plans, specifications, etc.) will
conform to all written codes and regulations of the federal government, county, state,
municipalities, agencies and state departments, in effect at the date of this Agreement,
and shall be of such completion as to receive all permits when applied for. If permits are
denied, then the Architect/Engineer will conform the construction documents in such
manner to receive permits upon such plans. Work required by the Architect/Engineer to
conform the documents to federal, state, city, county, or agency specifications to allow
them to be approved shall be completed at no charge or cost to the County.
2.7 BIDDING OR NEGOTIATION PHASE
The Architect/Engineer, following the County's approval of the Construction
Documents and the Architect/Engineer's 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 Architect/Engineer, with the assistance of the Construction Manager, shall respond
to questions from bidders, and shall issue addenda,
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August 1, 2006
2.7.3 The Architect/Engineer shall, provide to the County, all necessary documents
required to secure building permit. Assistance with securing a development approval will
be in the form of providing schematic drawings.
CONSTRUCTION PHASE -
CONTRACT
CONSTRUCTION
2.8.1. The Architect/Engineer's responsibility to provide Basic Services for the
Construction Phase under this Agreement commences with the award of the Contract for
construction and terminates with the issuance to the County of the final Project
Certificate for Payment including the submission of all project close out documents by
the Architect/Engineer and Contractor. The Architect/Engineer will administer the
County/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 County.
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 County throughout
construction of the Project. Instructions, directions, and other appropriate
communications from the County 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 County or the Architect/Engineer may require from the Contractor. The
purpose of such review and examination shall be to protect the County 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
County 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 County.
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 County 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 County.
Page 9 of 24
August 1, 2006
2.8.6 The Architect/Engineer shall initially approve periodic and final payments owed to
the Contractor under the Construction Contract predicated upon inspections of the work
and evaluations of the Contractor's rate of progress in light of the remaining contract
time and shall issue to the County Approvals of Payment in such amounts. By issuing
an Approval of Payment to the County, the Architect/Engineer reliably informs the
County 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 County is obligated to make payment to the Contractor
of the amount approved.
2.8.7 The issuance of a Certificate for Payment shall not be a representation that the
Architect/Engineer has (1) made exhaustive or continuous on-site inspections to check
the quality or quantity of the Work. (2) reviewed construction means, methods,
techniques, sequences or procedures. (3) reviewed copies of requisitions received from
Subcontractors and material suppliers and other data requested by the County to
substantiate the Contractor's right to payment or (4) ascertained how or for what purpose
the Contractor has used money previously paid on account of the Contract Sum.
2.8.8 The Architect/Engineer shall have authority, after notification to the 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 County, 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 County'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 County when
requested.
Page 10 of 24
August 1, 2006
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 County'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 County a list comprised of
incomplete and/or unacceptable items required by the Contract Documents to include
architectural/engineering, structural, mechanical and electrical engineering portions of
the work. The Architect/Engineer shall forward to the 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 Architect/Engineer's response to such requests shall be made with
promptness and within seven (7) days of receipt of request.
2.8.15 Interpretations and decisions of the Architect/Engineers shall be consistent with
the intent of and reasonably inferable from the Contract Documents and shall be in
writing or in the form of drawings and submitted on proper Construction Change
Directives.
2.8.16 The Architect/Engineer shall render written decisions within a reasonable time on
all claims, disputes or other matters in question between County 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 County and
Architect/Engineer.
2.8.18 The Architect/Engineer shall be a representative of and shall advise and consult
with the County (1) during construction until final payment to the Contractor is due and
(2) as a Basic Service at the County'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 County 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 County all manuals, operating
instructions, as-built plans, warranties, guarantees and other documents and things
required by the Construction Contract and submitted by the Contractor.
Page 11 of 24
August 1, 2006
2.8.20 The Architect/Engineer shall not have control over or charge of and shall not be
responsible for construction means, methods, techniques, sequences or procedures, or
for safety precautions and programs in connection with the Work, since these are solely
the Contractor's responsibility under the Contract for Construction. The
Architect/Engineer shall not be responsible for the Contractor's schedules or failure to
carry out the work in accordance with the contract documents. The Architect/Engineer
shall not have control over or charge of acts or omissions of the Contractor,
Subcontractors, or their agents or employees, or of any other persons performing
portions of the work.
2.8.21 The Architect/Engineer shall testify in any judicial proceeding concerning the
design and construction of the project when requested in writing by the County, and the
Architect/Engineer shall make available to the County 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 County, the
Architect/Engineer will do this under an expert witness with compensation at a rate of
$150.00 per hour.
2.8.22 The Architect/Engineer shall review any as-built drawings furnished by the
Contractor and shall certify to the County that same are in conformity with construction
as completed.
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.
ARTICLE III
3.1 GENERAL
3.1.1 The services described in this Article III are not included in Basic Services. They
shall be paid for by the County as provided in this agreement as an addition to the
compensation paid for the Basic Services but only if approved by the County 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
Providing detailed quantity surveys or inventories material and equipment.
Providing analyses of owning and operating costs.
Providing interior design and other similar services required for or in connection
with the selection, procurement or installation of furniture, furnishings and related
equipment.
Page 12 of 24
August 1, 2006
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 ),
3.4.9 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 architectural/engineering, 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 architectural/engineering
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 County.
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 County,
including revisions made necessary by adjustments in the County'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 County'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 County's schedule, or the
method of bidding or negotiating and contracting for construction.
Page 13 of 24
August 1, 2006
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.
Providing services in connection with public hearings.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The County 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 County's other costs and reasonable contingencies
related to all of these costs,
4.2 The County shall designate the Construction Manager to act on the County's
behalf with respects to the Project. The County 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 County 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 County 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 County shall furnish all legal, accounting and insurance counseling services
as may be necessary at any time for the Project, including auditing services the County
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 County.
4.6 The services, information, surveys and reports shall be furnished at the County'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 County 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.
4.8 The proposed language of certificate or certificates requested of the
Architect/Engineer or Architect/Engineer's consultants shall be submitted to the County
for review and approval at least 14 days prior to execution. The County shall not request
Page 14 of 24
August 1,2006
certifications that would require knowledge or services beyond the scope of this
Agreement.
4.9 The County shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
Architect/Engineer's services and work of the contractors.
4.10 The County shall furnish the Architect/Engineer copies of written
communications.
4.11 The County'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 County'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 County shall furnish 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 County 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 County 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 furnished by the County 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/Engineer's consultants, the costs of land, rights-of-way, financing or
other costs which are the responsibility of the County.
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 County, until the bids are within the stated limits.
6.1 INDEMNIFICATION AND HOLD HARMLESS
6.1.1 The Architect/Engineer covenants 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
Page 15 of24
August 1, 2006
property owned by 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 County 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
County harmless and shall indemnify him from all losses occurring thereby and shall
further defend any claim or action on the County'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
FUNCTION
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. If
there are substitutions to the individuals named above, the Architect/Engineer shall
promptly notify the County.
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 Architectural/Engineering fee shall be based on the following criteria:
1.
2.
3.
4.
5.
Schematic Design
Design Development Phase
Construction Documents Phase
Bidding or Negotiation Phase:
Construction Phase
15 percent
30 percent
35 percent
5 percent
15 percent
An estimated construction cost of $3,6 million ($3,600,000.) and a
percentage of 8% shall be used to calculate the architectural/engineering fee.
The fee will be adjusted when the actual construction cost is known, with a
percentage of 8% used to calculate the fee, If the project is suspended for a
period of at least six months, an adjustment will be determined by mutual
agreement and as approved by the Monroe County BOCC.
Page 16 of24
August 1, 2006
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 County, the Architect/Engineer shall
be paid hourly at the rates identified in Exhibit A, 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 County, an invoice to the County requesting payment for
services properly rendered and reimbursable expenses due hereunder.
The Architect/Engineer's invoice shall describe with reasonable
particularity 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 at the County may require.
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable expenses include expenses incurred 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
County, 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 County (beyond 8 signed and
sealed full size sets, plus one full size reproducible set, and one 11 x 17
reproducible set, and one re-writable CD);
d. Postage of Drawings and Specifications, except for those charges for
postage between the Architects/Engineers branch offices and between
the Architect/Engineer and his consultants.
e. Renderings and Models requested by the County,
ARTICLE IX
9.1
OWNERSHIP OF THE PRELIMINARY DESIGN AND
CONSTRUCTION
DESIGN
9.1 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. The Architect/Engineer shall be deemed the
author of these documents and shall retain all common law, statutory and other reserved
rights. Architect/Engineer's Drawings, Specifications and other documents shall not be
used by the County or others on other projects, except by agreement in writing. The
Architect/Engineer's drawings and specifications, and other documents, may be used for
completion of this project by others.
Page 17 of 24
August 1, 2006
.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.
9.1.3 The As-Built drawings and specifications will be furnished by the contractor to the
County in electronic format in addition to the original As-Built documents.
9.1.4 The County may utilize the construction documents, As-Built documents, etc, as
required for reference on any necessary future work on the site.
ARTICLE X
10.1 SUCCESSORS AND ASSIGNS
10.1.1 The Architect/Engineer shall not assign its right hereunder, excepting its right to
payment, nor shall it delegate any of its duties hereunder without the written consent of
the County which shall not be unreasonably withheld.
ARTICLE XI
11.1 NO THIRD PARTY BENEFICIARIES
11.1.1 Nothing contained herein shall create any relationship, contractual or otherwise,
with or any rights in favor of, any third party.
ARTICLE XII
12.1 INSURANCE
12.1.1 The Architect/Engineer shall obtain insurance as described in 13.1.2 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.
12.1.2. The Architect/Engineer shall furnish the County certificates of Insurance
indicating the following coverages or in excess thereof:
Worker's Compensation in the amount of Statutory Limits; Employer's Liability
$1,000,000 Bodily Injury by Accident, $1,000,000 Bodily Injury by Disease, policy limits,
$1,000,000 Bodily Injury by Disease, each employee; General Liability (Premises
operations, products and completed operations, Blanket Contractual Liability, Personal
Injury Liability, Expanded Definition of Property Damage) $1,000,000 combined single
limit, Vehicle Liability should extend a liability for owned, non-owned, and hired vehicles
with coverage of $1,000,000 combined single limit; Architects Errors & Omissions with
$3,000,000 per occurrence/$3,000,000 aggregate. All sub consultants must have the
same coverage. Monroe County shall be named as an additional insured on the
General Liability and Vehicle Liability policies.
12.1.3 The coverage provided herein shall contain an endorsement providing sixty (60)
days notice to the County prior to any cancellation of said coverage, Said coverage shall
Page 18 of 24
August 1, 2006
be written by an insurer acceptable to the County and shall be in a form acceptable to
the County,
ARTICLE XIII
TERMINATION
13.1 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 fails to perform its
material obligations set forth herein. Termination expenses shall include all usual
expenses until date of termination and any additional services required in order to stop
performance of services, subject to County audit for verification, Architect/Engineer shall
not include additional expenses not directly related to termination after notice is given.
13.1.1 The County may terminate this agreement without cause by giving the other
party thirty (30) days written notice.
13.1.2 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 XIV
ENTIRE AGREEMENT
14.1 This contract constitutes of the form of agreement (Articles I-XV), 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.
14.2 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 36
months from the date of being placed on the convicted vendor list.
ARTICLE XV
Added Requirements
15.1 The following items are part of this contract:
a) Architect/Engineer shall maintain all books, records, and documents
directly to performance under this Agreement in accordance 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
County.
Page 19 of24
August 1, 2006
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 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.
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 court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement, shall not be affected
thereby; and each remaining term, covenant, condition and provision of this Agreement
shall be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and 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) Attorney's 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 and court costs, as an
award against the non-prevailing party, and shall include attorney's fees and courts
costs, 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.
Page 20 of 24
August 1, 2006
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 Agreement, County and Architect/Engineer 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 Architect/Engineer 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 County agree that there will
be no discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any party,
effective the date of the court order. Architect/Engineer or County 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 VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans
with Disabilities Act of 1990 (42 USC s. 1201 Note), as 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.
k) Covenant of No Interest. Architect/Engineer and County covenant that
neither presently has any interest, and shall not acquire any interest, which would
conflict in any manner or degree with its performance under this Agreement, and that
only interest of each is to perform and receive benefits as recited in this Agreement.
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 County warrant
that, in respect to itself, it has neither employed nor retained any company or person,
other than a bona fide employee working solely for it, to solicit or secure this Agreement
and that it has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of the provision, the
Page 21 of 24
August 1, 2006
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.
n) Public Access, The Architect/Engineer and County shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters or other materials
in its possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the Architect/Engineer and County in conjunction with
this Agreement; and the Architect/Engineer shall have the right to unilaterally cancel this
Agreement upon violation of this provision by County.
0) Non-Waiver of Immunity. Notwithstanding he provisions of Sec. 768.28,
Florida Statutes, the participation of the Architect/Engineer and the County in this
Agreement and the acquisition of any commercial liability insurance coverage, self-
insurance coverage, or local government liability insurance pool coverage shall not be
deemed a waiver of immunity to the extent of liability coverage, nor shall any contract
entered into by the County be required to contain any provision for waiver.
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, authorizing the delegation of the constitutional or statutory duties of the
County, except to the extent permitted by the Florida constitution, state statute, and case
law,
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 County agree that neither the
Architect/Engineer nor the County or any agent, officer, or employee of either shall have
the authority to inform, counsel, or otherwise indicate that any particular individual or
group of individuals, entity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior to, or superior to the community in general or for
the purposes contemplated in this Agreement.
s) Attestations. Architect/Engineer agrees to execute such documents as
the County 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
Page 22 of 24
August 1 , 2006
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 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.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed on the
date first above written by its duly authorized representative.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
(Seal)
Attest:
Or
By:
Deputy Clerk
Mayor/Chairman
ARCHITECT/ENGINEER
MBI/K2JV1 Architect'Ur~, Inc.
/1, ".1 I) \
By: IAiULdUV() (1.4JJ:!vI[/{A~ _
Name "
Witness ~ ~ d. ~~;;t
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Print Name
Witness: ~k!fA' ~, y} ~k~
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Print Name
Title
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APPROVED
Page 23 of 24
August 1, 2006
.ACORDm
C RTIFIC,t" d
LIABILITY INSURA. _CE OP 10 E DATE (MM/DDIYYYY)
K2MDES1 05 19 06
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
Talbot Insurance Agency
38109 Euclid Avenue
Willoughby OH 44094
Phone:440-942-2152 Fax:440-942-2204
INSURERS AFFORDING COVERAGE
mbi / k2m Architecture
Scott C. Maloney, R.A.
2530 Superior Ave #302
Cleveland OH 44114
INSURER A:
INSURER B:
INSURER C:
INSURER 0:
INSURER E:
State Auto Insurance Companies
INSURED
CNA Insurance
COVERAGES . ' \
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWJTHSTAN~ '" fA1.....
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VVHICH 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR[ lYPE OF INSURANCE POLICY NUMBER 'D~i~Tri~/Dl::rr~E Pgk~1t(~*ltmf'J!r~N LIMITS
GENERAL L1ABILllY EACH OCCURRENCE $1,000,000
-
X COMMERCIAL GENERAL LIABILITY ~;:M~h (Ea occurence) $ 300,000
I CLAIMS MADE OCCUR MED EXP (Anyone person) $ 5,000
A ~ Business Owners BOP2202233 08/08/05 08/08/06 PERSONAL & ADV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
I--
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000
Tx .nPRO- n
X POLICY JECT LOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000
X ANY AUTO (Ea accident)
-
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
-
A ~ HIRED AUTOS BOP2202233 08/08/05 08/08/06 BODILY INJURY
$
A ~ NON-GWNED AUTOS BOP2202233 08/08/05 08/08/06 (Per accident)
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY "~~~( 1) /J. ~/ l} . ~,j _1>'1: ~ AUTO ONLY - EA ACCIDENT $
R ANY AUTO 'j'{ . ',~ -::'_I-rY1 OTHER THAN EA ACC $
- ~ AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY L.)i-\j;";~_ '? ,_._~ -" EACH OCCURRENCE $
X tJ OCCUR D CLAIMS MADE WAi\ft::n .. ~. -~.:~,;..-;;;;:~~; AGGREGATE $
$
q DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I TORY LIMITS I IOir-
ER
A EMPLOYERS' LIABILITY BOP2202233 08/08/05 08/08/06 $1,000,000
ANY PROPRIETORlPARTNERlEXECUTIVE EL. EACH ACCIDENT
OFFICERlMEMBER EXCLUDED? EL. DISEASE - EA EMPLOYEE $1,000,000
If yes, describe under EL. DISEASE - POLICY LIMIT $1,000,000
SPECIAL PROVISIONS below
OTHER
B Architects E & 0 25-401-87-62 04/13/06 04/13/07 Per Claim 3,000,000
Aggregate 3,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Certificate holder is also named as additional insured.
Ohio Worker's Comp #1493325 as provided by Scott C. Maloney mbilk2m
Architecture.
CERTIFICATE HOLDER
CANCELLA TION
MCll10S
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENT, TI E
Waite E. Talbot President
Monroe County
Facilites Development Dept.
Ann M. Rigger-Contractor Admin
1100 Simonton St. Rrn. 2-216
Key West FL 33040
@ ACORD CORPORATION 1988
ACORDTM
CERTIFICATE OF INSURANCE
ISSUE DATE
06/21/2006
PRODUCER
LOCKTON COMPANIES OF HOUSTON
5847 SAN FELIPE, SUITE 320
HOUSTON, TX 77057
This certificate is issued as a matter of information only and confers no rights
upon the Certificale Holder, This Certificate does not amend, extend or aller the
coverage afforded by the policies below.
COMPANIES AFFORDING COVERAGE
Company
A
Insurance Compal1Y of the Slate of PA
INSURED
ADMINISTAFF COMPANIES, INC.
19001 CRESCENT SPRINGS DRIVE
KINGWOOD, TX 77339
'SEE BELOW
Company
B
Company
C
Company
D
Company
E
This is to certify that the policies of insurance described herein have been issued to lhe Insured named herein tor the pciicy period indicai"u, NUlvviii''''cliiJir:g
any requirement, term or condition of conlract or other document with respect to which this certificate may be issued or may pertail1, the insurance afforded by
lhe policies described herein is subject to all the terms, conditions and exclusions of such policies. Limits shown may have been reduced by paid claims.
CO TYPE OF INSURANCE POLICY NUMBER EFFECTIVE LIMITS OF LIABILITY
LT EXPIRATION
GENERAL LIABILITY EACH OCCURRENCE $
o Commercial General Liability FIRE DAMAGE $
o Claims Made o Occurrence MEDICAL EXPENSE $
o Owners' and Contractors' Protection
0 PERS, AND ADVERTISING INJURY $
0 GENERAL AGGREGATE $
General Aggregate limit applies per: PRODUCTS AND COMPo OPER. AGG. $
o Policy o Project 0 Location
AUTOMOBILE LIABILITY $
o Any Automobile $
o All Owned Automobiles $
o Scheduled Automobiles
o Hired Automobiles $
o Non-owned Automobiles
0
A WORKERS' COMPENSATION 1332201 05/01/2006
AND EMPLOYERS' LIABILITY 1 % 1/2006 $ 1,000,000
$ 1,000,000
$ 1,000,000
EXCESS LIABILITY $
o Occurrence o Ctaims Made $
$
1_
$
$
$
$
. MBI/K2M ARCHITECTURE, INC, (1922700) COVERED THROUGH BLANKET ALTERNATE EMPLOYERS ENDORSEMENT FOR ALL EMPLOYEES UNDER
CLIENT SERVICE AGREEMENT.
~ERTIFICATE HOLDER
I
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF
ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
MONROE COUNTY, FLORIDA
ATTN: PAULETTE HARPER
1100 SIMONTON ST ROOM 2-216
KEY WEST, FL 33030
Authorized Represenlative
Page 1
Fixed Hourly Rates
Principal, Architect I - $215.00
Project Manager, Architect 11- $185.00
Project Manager - $120.00
Construction Administration - $120.00
Draftsman 1-$95.00
Draftsman II - $70.00
Administrative - $55.00
Page 24 of 24
EXHIBIT A
August 1, 2006