Item F13
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 15. 2006
Division:
Engineering
Bulk Item: Yes 1L- No
Department: Facilities Development
Staff Contact Person: Jeny Barnett
AGENDA ITEM WORDING: Approval to award a contract with William P. Horn Architect, P.A.
for professional services for the renovation and addition of the Stock Island Fire Station.
ITEM BACKGROUND: On May 4, 2004, Requests for Qualifications were opened with 5
Architectural firms responding. William P. Horn Architect, P.A. was ranked # 1 from the tabulations of
the scoring committee.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above. William P. Horn's fee is based on 8.4%
of the construction cost estimate of $450,000.00.
TOTAL COST: $37.800.00 estimate
BUDGETED: Yes -L No
COST TO COUNTY:$37.800.00 estimate
SOURCE OF FUNDS: One-Cent Infrastructure
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included X
Not Required_
DISPosmON:
AGENDA ITEM #
Revised 8/06
MONROE COUNTY
FACILITIES DEVELOPMENT
MEMORANDUM
TO: David Koppel
County Engineer
FROM: Ann Riger, Contracts Administr
Facilities Development
DATE: October 31,2006
RE: Agenda Item - William Horn Architectural Services
AGENDA ITEM WORDING: Approval to award a contract with William P. Horn
Architect, P.A. for professional services for the renovation and addition of the Stock
Island Fire Station.
ITEM BACKGROUND: Requests for Qualifications were opened on May 4,2004,
with William P. Horn Architect, P.A. ranking number one over the other four
respondents. The project has been on hold status until recently.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval to award the contract. The price is based
on 8.4% of an estimated construction cost of $450,000.00. The budget for the project is
$500,000.00.
Thank you. If you have any questions, please contact me at ext. 4439.
AR
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: William P. Horn Arch Contract #_
Effective Date: 11/15/06
Expiration Date:
Contract Purpose/Description:
Architectural services for the renovation and addition of the Stock Island Fire Station
Contract Manager: Ann Riger 4439 Facilities Develop/Stop# 1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 11/15/06 Agenda Deadline: 10/31/06
CONTRACT COSTS
Total Dollar Value of Contract: $ $37,800.00
Budgeted? Yesr8J No D Account Codes:
Grant: $ N/A
County Match: $ N/ A
Current Year Portion: $ 37,800.00
24000-560620-CP0303- _-_
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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
County Attorney
Changes
Date In Nee~
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YesD Noif'
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Date Out
Division Director
Risk Management
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Comments:
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CONTRACT FOR
PROFESSIONAL SERVICES
BETWEEN COUNTY AND ARCHITECTIENGlNEER
THIS CONTRACT FOR PROFESSIONAL SERVICES (the "Contractj is made and
entered into by MONROE COUNTY, BOARD OF COUNTY COMMISSIONERS, 1100
Simonton Street, Key West. FL 33040, (the Countyj and WILLIAM P. HORN,
ARCHITECT., P.A., 915 Eaton Street, Key West, FL 33040, ("Architect/Engineer") , on
the _ day of , 2006.
The professional services required by this Contract are to be rendered for the Stock
Island Fire Station, identified as the Project, described as follows:
Renovation and Addition of the Fire Station facility located on r Street and McDonald
Avenue in Stock Island, Key West, Florida, that houses the Volunteer Fire Department
and the Monroe County Fire Rescue Department and is operated 24 hours a day. The
Fire Station will include two drive through apparatus bays and approximately 3,500 sJ. of
office area and living quarters for the staff. The project will be designed to all federal,
state, and county codes and ordinances. As a county-owned building, the facility is to
meet the150 m.p.h. hurricane wind loads, required by code.
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 County and the Architect/Engineer agree:
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Contract, the ArchitectlEngineer 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 ArchitecturelEngineering by all public entities
having jurisdiction over the Architect/Engineer and the Project.
1.1.2 The ArchitectlEngineer shall maintain all necessary licenses, pennits or other
authorizations necessary to act as Architect/Engineer for the Project until the
ArchitectlEngineer's duties there under have been fully satisfied.
1.1.3 The ArchitectlEngineer 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 ArchitectlEngineer 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 Consultanfs
profession practicing under similar circumstances at the same time and in the same
locality .
1.1.5 The ArchitectlEngineer assumes full responsibility to the extent allowed by law
with regards to his performance and those directly under his employ as
ArchitectlEngineer 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
ArchitectlEngineer'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 ArchitectlEngineer, or County.
ARTICLE II
SCOPE OF ARCHITECTIENGINEER'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 nonnal,
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 County. The
ArchitectlEngineer shall be responsible for designing the Project in accordance with the
analyses and recommendations of the geotechnical information fumished per Article 4.4.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The ArchitectlEngineer shall review the program, schedule and construction
budget fumished 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 ArchitectlEngineer 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
ArchitectlEngineer, the Ard'litectlEngineer 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 ArchitectlEngineer 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 ArchitectlEngineer 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 prior 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 peffonned by additional consultants after the
County's written approval.
The ArchitectlEngineer shall perform the following design phase tasks:
a. Structural Design/Documentation services during the Schematic Design
Phase consisting of recommendations regarding basic strudural
materials and systems, analyses, and development of conceptual design
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
fonn 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 DEVELOPMENT/DOCUMENT 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
ArchitectlEngineer shall prepare Design Development Oocuments 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 desaibe the size and
character of the Project as to architecturaVengineering, structural, mechanical and
elecbical systems, materials and such other elements as may be appropriate.
2.4.2 At intervals mutually agreeable to the County, Construction Manager and
ArchitectlEngineer, the ArchitectlEngineer 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 ArchitectlEngineer 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 ArchitectlEngineer 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.
2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS
To satisfactorily perform the design development phase requirement, the
ArchitectlEngineer 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 mechanicaVelectrical 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., %j. 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 - OveraH building longitudinal and transverse "building
explanation" type. Detail Wall Sections - Largest scale (e.g., %"). Dominate full-
height sections conveying basic building configuration, to indicate:
a. Foundation and perimeter treatment
b. Typical wall construction
c. Back-up structure, abutting floor systems
d. Window location and insulation methods
e. Flashing, masonry coursings
f. Mechanical penetrations impact (furring, etc.)
g. Parapet design
2.5.4 Details - Large scale (1-112", 3j as required. Indicate key conditions, examples
are as follows:
a. Window types: divisions, pattern, mullion profiles, vent detail, glazing
type, jamblhead, 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 Plans - Typical and special space. Integrated plans
reflecting structural, mechanical, and electrical impacts. Plans to indicate:
a. Lighting layouts
b. Soffits, coves, furrings
c. Skylight locations
d. Ceiling materials
e. Acoustic treatments
f. Heating and ventilating register, diffuser locations
g. Sprinklers
h. Access panels
2.5.7 Schedules - Schedules to be non repetitive and comprehensive, with specific
keying to floor plans and elevations.
a. Interior finishes
b. Doors and frames
c. Preliminary hardware
d. Windows/glazing
2.5.8 Specifications - Comprehensive, abbreviated methods, materials and systems
desaiptions 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 architecturaVengineering drawings
b. Typical floor framing plans, including sizing of beam drops, slab openings,
thicknesses, and depressions
c. Framing indication and goveming sizing at: roof structures, penthouse,
bulkheads, other
d. Nontypical framing scheme where required: lobby, floors at grade, and
other
e. All column points established
f. Final column schedule
g. Preliminary details and sections to adequately indicate structural system
h. Preliminary details of major unique conditions that impact on scheme (as
determined by the Architect/Engineer)
i. Details indicating accommodation with mechanicaVelectrical at areas of
major interface
j. Design development specifications
k. Any necessary recommended adjustments to the preliminary estimate of
construction cost.
2.5.11 MechanicaUElectrical 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
convectorlfan 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
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 mechanicaVelectrical for utility
entry points
e. Indicate areaways, vaults, access to sub grade spaces
f. Preliminary site and exterior building lighting scheme with identification of
fixture types
g. Parking area defined with preliminary plotting
h. Indication of paths, stairs, ramps, beams, terraces, etc.
i. Plant materials (indication and preliminary schedule)
j. Design development details: railings, stairs, ramps, paving types and
patterns, kiosks, benches, light standards, others
k. Design development specifications
I. Any necessary adjustments to the preliminary estate of construction cost.
2.5.13 Other Consultants' Design Development Sets
As appropriate to the Project.
2,5.14 Limitations - The above list of drawings represents, in general, the requirements
of the Project
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 or in the
construction budget, the ArchitectlEngineer shaH 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 ArchitectlEngineer 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 ArchitectlEngineer 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)
fonnat. Any and all files used to create the technical specifications need to be submitted
saved as an Adobe Acrobat file (.pdt) 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 pennits upon such plans. Work required by the ArchitectlEngineer 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
2. 7.1 The ArchitectlEngineer, following the County's approval of the Construction
Documents and the ArchitectlEngineer'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 ArchitectlEngineer shall assist the Construction Manager in issuing bidding
documents to bidders and conducting pre-bid conferences with prospective bidders.
The ArchitectlEngineer, with the assistance of the Construction Manager, shall respond
to questions from bidders, and shall issue addenda.
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 wiH
be in the form of providing schematic drawings.
2.8 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
2.8.1. The ArchitectlEngineer'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 ArchitectlEngineer and Contractor. The ArchitectlEngineer 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 ArchitectlEngineer shall carefully review and examine the
Contractor's Schedule of Values, together with any supporting documentation or data
which the County or the ArchitectlEngineer 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 ArchitectlEngineer 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
ArchitedlEngineer 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 ArchitectlEngineer 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
ArchitectlEngineer shaH 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 ArchitectlEngineer shall submit a written
report of such inspection, together with any appropriate comments or recommendations
to the County.
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 ArchitectlEngineer 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 ArchitectlEngineer 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 ArchitectlEngineer 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
ArchitectlEngineer'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 othelwise specifically stated by the
Architect/Engineer, of construction means, methods, techniques, sequences, or
procedures. The ArchitectlEngineer'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 ArchitectlEngineer 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 ArchitectlEngineer 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.
2.8.10 The ArchitectlEngineer 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. ArchitectlEngineer 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 ArchitectlEngineer shall require inspection or reinspection and testing or
retesting of the work, to include architectural/engineering, structural, mechanical and
elecbical engineering portions of the work, in accordance with the provisions of the
Construction Contract whenever appropriate.
2.8.13 The ArchitectlEngineer, assisted by the Construction Manager, shall conduct
inspections to determine the dates of Substantial Completion and the date of Final
Completion. The ArchitectlEngineer shall submit to the County a list comprised of
incomplete and/or unacceptable items required by the Contract Documents to include
architecturaVengineering, structural, mechanical and electrical engineering portions of
the work. The ArchitectlEngineer shall forward to the Construction Manager warranties
and similar submittals required by the Contract Documents which have been received
from the Contractor. The ArchitectlEngineer 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 ArchitectlEngineers 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 ArchitectlEngineer 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 ArchitectlEngineer shall
not be restricted, modified or extended without written agreement of the County and
ArchitectlEngineer.
2.8.18 The ArchitectlEngineer 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 desaibed 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, fonns, or revisions to drawings, without additional compensation.
2.8.19 The ArchitectlEngineer 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.
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 ArchitectlEngineer shall testify in any judicial proceeding conceming the
design and construction of the project when requested in writing by the County, and the
ArchitectlEngineer shall make available to the County any personnel or consultants
employed or retained by the ArchitectlEngineer 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 ArchitectlEngineer 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 fumished by the
Contractor and shall certify to the County that same are in conformity with construction
as completed.
2.8.23 The ArchitectlEngineer shall, without additional compensation, promptly correct
any errors, omissions, deficiencies, or conflicts in the work product of the
ArchitectlEngineer or its consultants, or both.
2.8.24 The Architect/Engineer must reimburse the County for any added costs paid by
the County during construction that \Nere 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
County would have paid if the work was included in the bid, and the actual cost
presented by the Contractor.
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
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, prowrement or installation of furniture, furnishings and related
equipment.
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 induded 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.
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
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 ArchitectlEngineer'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
ArchitectlEngineer. 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 ArchitectlEngineer 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 ArchitectlEngineer's consultants shall be submitted to the County
for review and approval at least 14 days prior to execution. The County shall not request
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 orderty progress of the
Architect/Engineer's services and work of the contractors.
4.10 The County shall furnish the ArchitectlEngineer copies of written
communications.
4.11 The County's review of any documents prepared by the ArchitectlEngineer 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 shalf 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 ArchitectlEngineer, plus a reasonable allowance for the
Contractor's overhead and profit.
5.4 Construction cost does not include the compensation of the ArchitectlEngineer
and the Architect/Engineer's consultants, the costs of land, rights-of-way, financing or
other costs YJhich 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.
ARTICLE VI
6.1 INDEMNIFICATION AND HOLD HARMLESS
6.1.1 The ArchitecVEngineer 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
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 ArchitectlEngineer in any tier, occasioned by the negligence, errors, or
other wrongful act or omission of the ArchitectlEngineer in any tier, their employees, or
agents. The first ten dollars ($10.00) of remuneration paid to the ArchitectlEngineer 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 ArchitectlEngineer 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 contrad, the parties
anticipate that the following named individuals will perform those functions as indicated:
NAME
/IJ/ "~/I'I P. HC{I.N
gt;i 1~~~~
FUNCTION
~~PIlL A;::GT
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So long as the individuals named above remain actively employed or retained by the
ArchitectlEngineer, they shall perform the functions indicated next to their names. If
there are substitutions to the individuals named above, the ArchitectlEngineer 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 ArchitectlEngineer shall be paid monthly, in
accordance with the following schedule:
(A) The ArchitecturallEngineering 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 $450.000.00 and a fee percentage of 8.4%
shall be used to calculate the architectural/engineering fee. The fee, and the
percentage, will be adjusted when the actual construction cost is known. 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 BDCC.
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 dlanged through no fault of the ArchitectlEngineer 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 shan submit monthly, unless otherwise agreed in
writing by the County, an invoice to the County requesting payment for
services property rendered and reimbursable expenses due hereunder.
The ArchitectlEngineer's invoice shall describe with reasonable
particularity the service rendered. The ArchitectlEngineer'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 ArchitectlEngineer in
the interest of the project:
a. Expense of transportation submitted by ArchitectlEngineer, 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 PREUMINARY DESIGN AND THE DESIGN FOR
CONSTRUCTION
9.1 The Drawings, Specifications and other documents prepared by the
Architect/Engineer for this project are instruments of the ArchitectlEngineer'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.
9.1.2 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 ArchitectlEngineer'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 ArchitectJEngineer 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 12.1.2 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 ArchitectlEngineer's failure to
purchase or maintain the required insurance, the ArchitectlEngineer shall indemnify the
County from any and all increased expenses resulting from such delay.
12.1.2. The ArchitectlEngineer 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 $100,000
Bodily Injury by Accident, $500,000 Bodily Injury by Disease, policy limits, $100,000
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) $300,000 combined single limit,
Vehicle Liability should extend a liability for owned, non-owned, and hired vehicles with
coverage of $100,000 combined single limit; Architects Errors & Omissions with
$250,000 per occurrence/$500,OOO 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
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 Reauirements
15.1 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 detennines that monies paid to
ArchitectlEngineer 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.
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 perfonned 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 ArchitectlEngineer 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 tenn, 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 tenn, 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 ArchitectlEngineer 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 ArchitectlEngineer 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 ArchitectlEngineer and
their respective legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the
execution, delivery and perfonnance 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
ArchitectJEngineer 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 fonnation, execution, perfonnance, 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 ArchitectlEngineer 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
detennination by a court of competent jurisdiction that discrimination has occurred. this
Agreement automatically tenninates 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 use ss. 690dd-3 and
290ee-3) , as amended, relating to confidentiality of alcohol and drug abuse patent
records; 8) TrtIe 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, Aorida S1atutes, 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 SolicitationlPayment. The ArchitectlEngineer 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
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 ArchitectlEngineer 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,
wor1<ers' 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 ArchitectlEngineer 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 Uability. 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 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
By:
BOARD OF COUNTY COMMISSIONERS
OFMONROECOUNTY,FLOmOA
By:
Deputy Clerk
Mayor/Chairman
(Seal)
Attest:
Or
By:
Name
Witness:
Print Name
IN ILL," rn P, -/doILIJ
Print Name
J'(ItI^,"JP~ L AAaJ}t((L::l
Title
Witness:
Print Name
MONROE COUNTY ATTORNEY
APPRO D A 0 FORM:
SUSAN M. IMSLEY
ASSIST~NT COU Y ATTORNEY
Date I (J- -? I -- 6"",
RFQ FOR ARCHITECTURAUENGINEERING SERVICES, Stock Island Fire Station
NON-COLLUSION AFFIDAVIT
I, W/U/ ftJ In PI J,/1/lI.J of the city of JLI! 11 /,.I !~
according to law on my oath, and under penalty of pe~ury, depose and say that:
1. I am ~/Iv t.iPA L
of the firm of IN;bt-1 A/Y) ,Po J.ho1AJ AJt,dlht~i.l1&? A.
the bidder making the Proposal for the project described in the Notice for Calling
~11:;~)L. IS tAItA? fJIL/I ~n17IIN (l.pry
for bids for:
and that I executed the said proposal with full authority t do so:
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 b 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' this affidavit are true and correct, and made with full
knowledge that Monroe unty relies upon the truth of the statements contained in
this affidavit in award' g contracts for said project.
~~
(Signature of Bidder)
Bori deL
COUNTY OF: Mot) ~
PERSONALLY APPEARED BEFORE ME, the u~dersigned authority, ~
t1:f>v-n who, after first being sworn by me, (name of individual signing) affixed hislher
signature in the space provided above on this ~ day of -8p rf I 20
~.
STATE OF:
My Commission Expires:
59
RFQ FOR ARCHITECTURAUENGINEERING SERVICES
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
tv jU / A rn /J..//Dn}-J
warrants that helit has not employed, retained
or otherwise had act on hisflts 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 d' cretion, deduct from the
contract or purchase price, or otherwise recover, the full amoun Of any fee, commission,
percentage, gift, or consideration paid to the fonner County officer employee.
STATE OF 'FhO~\ u ""
COUNTY OF n.o~Q.o~
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
W/"l"IAW'\ tit JJanN who, after first being sworn by me, affixed hislher signature
(name of individual signing) in the space provided above on this 22 day of
MARC'A , 2~,
NOTARY PUBLIC
My commission expires: ~o...,-.... ~. 2....00 ~ '
62
RFQ FOR ARCHITECTURALlENGINEERING SERVICES
DRUG-FREE WORKPLACE FORM
The undersigned vendor In accordance with FlorIda Statute 287.087 hereby certifies that:
Will; ~ r, Hor" Arct.t"-h1d. f:A.
(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, rehablUtatlon, 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 wiN notify the employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 (Florida Statutes) or of any contr08ed 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
rehabiHtallon 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 aintain a drug-free workplace through Implementation of this
section.
As the person authorized to slg e statement, I certify that this firm compiles fully with the above
requirements.
63
~f----~-
ACQB!)~ CERTIFICATE OF LIABILITY INSURANCE OP 10 N DATE (MM/DDIYYYY)
HORNW-1 09/25/06
- PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
The Fullers, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1432 Kennedy Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
,-
Key West FL 33040 RECEIV ~tQURERS AF~ORDING COVERAGE I
Phone: 305-294-6677 Fax:305-292 4641 i NAIC#
INSURED INSURER! - Fi~at CotmIuni ty Insurance Co. Monroe C~O~~Ji9-0-~ ~
INSURER E : Faollltlos Dovclo ~___~..__
William P Horn BEP 25 Tebhnology Insurance Company I
j~IJ:lER , SEP 2 6 2rJoo---~ --~-~-
Architect, PA I
915 Eaton St f INSURER -~----,--
Key West FL 33040 ,
..~ '" ~''''''. Ilbl ./
COVERAGES Di~~ .:~~,,~'~~;~'Jr ~u. 11<f
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED -vt< Y 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
lNSRjIIDO'[ '1i'l~1{(MMlDDIYY) --- ~-
L TR NSR[ TYPE OF INSURANCE POLICY NUMBER DATE {MMlDOri'Yf LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1000000
- , ~S (Ea occurence) ~--
X COMMERCIAL GENERAL LIABILITY 090004962995802 $ 50000
-.-J CLAIMS MADE [!] OCCUR ~ .-
MED EXP (Anyone person) $ 5000
f-- ---- ---
A 2i- Business Owners 09/21/06 09/21/07 PERSONAL & ADV INJURY $ 1000000
-,
GENERAL AGGREGATE $ 2000000
--
GEN'L AGGREnE LIMIT APnS PER: PRODUCTS - COMP/OP AGG $ 1000000
Xl PRO- -~-~-
X POLICY JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- (Ea accident) $
ANY AUTO
f--
ALL OWNED AUTOS BODILY INJURY
I--- (Per person) $
SCHEDULED AUTOS
f--
HIRED AUTOS BODILY INJURY
I--- (Per accident) $
NON-OWNED AUTOS (1
1-- (( ~-
I--- m~~~ ?' JL PROPERTY DAMAGE $
1/-0' ~, (Per accident)
~ARAGE LIABILITY 4~d ~~ () ,tp AUTO ONLY - EA ACCIDENT $
ANY AUTO ~, A OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESSlUMBRELLA LIABILITY CC 'i;It, ~,~ EACH OCCURRENCE $
tJ OCCUR D CLAIMS MADE ,--
]{.U/jf) AGGREGATE $
~-
'( $
R DEDUCTIBLE $
~-
RETENTION $ $
WORKERS COMPENSATION AND X ITB'Rv"'ll;:':rs T IUJ~- --
B EMPLOYERS' LIABILITY TWC3089569 01/01/06 01/01/07 E.L, EACH ACCIDENT $ 100000
ANY PROPRIETOR/PARTNER/EXECUTIVE 1--
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 100000
~~E21~~~v~s1~~s below f--------.__ i-=--~--_.- _
E.L. DISEASE - POLICY LIMIT $ 500000
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
certificate holder is an additioanl insured for liability
CERTIFICATE HOLDER
CANCELLATION
MONBOCC
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA T'C:N
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAlL ~ DAYS WRfTT ,"N
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SH,t..
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
c ACORD CORPORATION 1988
Monroe County BOCC
Risk Management
1100 Simonton St.
Key West FL 33040
ACORD 25 (2001/08)
Norman Fuller
J'ou....vn no HORNWIl 06/12/06
p,RODUCER THIS CERTIFICA1 . ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS flO RIGHTS UPON THE CERTIFICATE
The Fullers, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1432 Kennedy Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Key West FL 33040 ....... ---....... -.. --.-~-..... _____.............._._ . '0.- ~..
Phone: 305-294-6677 Fax:305-21 2-4641 ~.'; ~.-' (\- [" i , ,'. ~v~., t 'INSURERS AFFORDING COVERAGE NAlC#
INSURED 1\, ,'...L.l , ,_ "INSlJRl R A: ,Progressive Commercial Div
!'-----,--._--
INSURI RB:
William Horn JUN 1 4 'WSURI RC:
151 Key Haven Rd ". INSURdR 0: ~
Key West FL 33040 INSUR~R E: I
COVERAGES MONROE COUNTY I
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN isSUED TO THE IASiJRWl~MiiIiI;A'iklVE FOR TI-I" prlLlCY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONT '" I OCUMENT 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, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
LTR NSRC TYPE OF INSURANCE POLICY NUMBER DATE MMlD~ P81rE IMMlDOrfv) LIMITS
GENERAL UABILITY EACH OCCURRENCE $
- PREMISES (Ea ~~u~~nca)
COMMERCIAL GENERAL LIABILITY $
I CLAIMS MADE 0 OCCUR MED EXP (Any ona person) $
PERSONAL & ADV INJURY $
I--
GENERAL AGGREGATE $
I--
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COM~OPAGG $
n POLICY n ~~ .nLOC
AUTOMOBilE lIABIlITY COMBINED SINGLE LIMIT
- 2158316-3 OS/29/06 OS/29/07 (Ea accident) $
A X ANY AUTO
-
ALL OWNED AUTOS BODILY INJURY $ 100000
- (Per person)
X SCHEDULED AUTOS
I--
~ HIRED AUTOS ~j BODILY INJURY $ 300000
.' (') , (Per accldent)
~ NON-OWNED AUTOS "{i \ ..,~UlUU
- let) PROPERTY DAMAGE $ 50000
I ~..IC) (Per accldent)
GARAGE LIABILITY \V "{- AUTO ONLY- EA ACCIDENT $
==1 ANY AUTO . ((\.Ct_ OTHER THAN EA ACC $
..... -, AUTO ONLY: AGG $
EXCESSlUMBREllA lIABILITY Olf( '-'<><~\~ J.tl EACH OCCURRENCE $
tJ OCCUR o CLAIMS MADE D" " (',~e
C' 0 AGGREGATE $
~I '
ta'i ! V'~IO ~l." $
R DEDUCTIBLE v', (. $
RETENTION $ '.. ' ( $
WORKERS COMPENSATION AND I TORY LIMITS I IUl~-
EMPlOYERS' UABIlITY E.L. EACH ACCIDENT $
ANY PROPRIETOR/PARTNERlEXECUTIVE
OFFICER/MEMBER EXCLUDED? E,L. DISEASE - EA EMPLOYEE $
~~~M.L~~V~~?ONS below E.L. DISEASE - POLICY LIMIT $
OTHER
Monroe Caunfv ,
DESCRIPTION OF OPERATIONS I lOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS facllllles Development I
certificate holder is additional insured
JUN 1. 9 2006
---"-'"
.~ ,
nME' /"fi-' f
RECEiVEDBY~i'-c .-aJ'~' . --,---=
u
\"t:t( 11t"Il'A It: UF LIABiliTY INSURANCE
OP 10 N~
DATE (MMJDDIYYYY)
CERTIFICATE HOLDER
CANCELLATION
MONBOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WIlL ENDEAVOR TO MAIL ~ DAYS WRITTEN
Monroe County BOCC NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT, BUT FAILURE TO DO SO SHAll
Risk Management IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
1100 Simonton St.
Key West FL 33040 REPRESENTATIVES, i /
AUTHORIZED REPRESENTATIVE / ..Z/ ( / /
Norman Fuller / t' /1 .
I I ,; v c TION 19
ACORD 25 (2001/08)
@ ACORD CORPORA
88
EXHIBIT A
Fixed Hourly Rates:
WILLIAM P. HORN ARCHITECT, P,A,
License No, AA 0003040
915 EATON STREET, KEY WEST, FLORIDA 33040
PHONE: 305-29b-i:i302 FAX 305-2%-1033
Date: 10/16/06
To: Monroe County Engineering Dept.
1100 Simonton Street
Key West, Florida 33040
Re: Stock Island Fire Station Renovation
Stock Island, Florida
Exhibit A
William P. Horn Architect, P .A.
Fixed hourly rates are as follows:
Principal Architect $195.00/hr.
Architect 125.00/hr.
Intern Architect lOO.OOIhr.
Draftsperson 85.001hr.
Structural Engineer 125.001hr.
M.E.P. Engineer llO.001hr
Principal Civil Engineer 150.00/hr.
Senior Civil Engineer 120.001hr.
Civil Engineer' lOO.OOIhr.