Item C22
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 18, 2008
Division: Public Works and Engineering
Bulk Item: Yes --1L No
Department: Public Works Mgmt. and Engineering
Staff Contact /Phone No. :Beth Leto/292-4560 Maria Graziano and Judy Clarke 292-4427
AGENDA ITEM WORDING: Approval of a month-to-month Contract Extension with mbi/k2m for
professional architectural/engineering services under a continuing contract for small projects in which
construction costs do not exceed $1,000,000.
ITEM BACKGROUND: The agreement with mbi/k2m expired on May 18, 2008, however, there are
unftnished projects currently underway that need to be completed while a new RFQ is prepared and
advertised for a new professional services contract.
PREVIOUS RELEVANT BOCC ACTION: On May 19,2004, the BOCC approved a professional
services agreement with mbi/k2m that was subsequently renewed on May 18,2005, May 16,2006, and
April 18, 2007.
CONTRACT/AGREEMENT CHANGES: Extend agreement on a month-to-month basis while a
new RFQ for a continuing contract is prepared and advertised.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: ~9 ,000 (approx.)
BUDGETED: Yes -1L..... No
COST TO COUNTY: same SOURCE OF FUNDS: Capital Infrastructure Tax
Gas Taxes & Hurr. Wilma
REVENUE PRODUCING: Yes No.1L AMOUNT PER MONTH Year
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APPROVED BY: County Atty. ~ OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: mbilk2m
Contract #_
Effective Date: month-to-month
Expiration Date:
Contract Purpose/Description:
Month-to-month contract extension for professional architectural/engineering services
under a continuing contract for small projects in which construction costs do not exceed
$1,000,000, in order to complete projects currently underway but not yet completed.
Contract Manager:
Beth Leto
(Name)
06/18/08
4560
(Ext. )
Public Works/Stop 1
(Department/Stop #)
for BOCC meeting on
Agenda Deadline: 06/03/08
CONTRACT COSTS
Current Year Portion: same
Account Codes:
304-25000-560620-CC0602 - approx. $ 120
304-26000-560620-CP0707 - approx. $ 7,500
304-24000-560620-CG0702 - approx. $14,550
304-24000-560620-CG981O - approx. $28,000
304-24000-560620-CG0608 - approx, $10,215
102-22506-560630-R07303 - approx. $ 5,100
125-0459105-530310-approx. $3,150
ADDITIONAL COSTS
Estimated Ongoing Costs: $----1yr For:
(Not included in dollar value above) (e.g;. maintenance, utilities, janitorial, salaries, etc.)
Total Dollar Value of Contract:
Budgeted? Yes[8J No 0
Approx. $69,000
Grant: $ N/ A
County Match: $ N/ A
CONTRACT REVIEW
Division Director
~atl In
10 or
Changes
Needed /
YesONo~
YesONd
Date Out
Risk Management ~'i
f!Ju-
O.M.B./Purchasing fs,-/o-og YesO No~
County Attorney
6/9/08 YesO No[8J
Nat Cassel
6/9/08
Comments:
OMB Form Revised 2/27/01 MCP #2
AGREEMENT BETWEEN :MBIIK2M AND MONROE COUNTY
FOR EXTENSION OF THE CONTINUING CONTRACT
IN ORDER TO COMPLETE OUTSTANDING PROJECTS
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This Agreement entered into on the J..i:.. day of "')~, 2008, between mbilk2m
Architecture, Inc., ("ARCHITECT"), whose address is 1001 Whitehead Street, Key West,
Florida 33040, Florida, and Monroe County ("COUNTY"), a political subdivision of the
State of Florida, whose address is 1100 Simonton Street, Key West, Florida.
WHEREAS, ARCHITECT and COUNTY entered ihto a continuing contract on May 19,
2004 for professional services; and
WHEREAS, the contract terminated on May 18,2008, by operation of the agreement and
not due to any dispute among the parties; and
WHEREAS, the ARCHITECT has several projects, enumerated below, which were
begun during the term of the contract which have not been fmalized; and
WHEREAS, the ARCHITECT and the COUNTY desire that these pending projects be
finalized by ARCHITECT; and
WHEREAS, it is in the public interest for the ARCHITECT to complete the projects;
NOW THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties agree as follows:
1. ARCHITECTS and COUNTY agree that the following projects were in the process of
being completed when the continuing contract terminated under its terms. Copies of the
individual agreements for each project are attached
(a) The following projects are being completed under the supervision of the
Department of Public Works:
(1) Roof Replacement at Monroe County Library, Key West Branch at
700 Fleming Street.
(2) Crawl Key Fire Training Stair Replacement
(3) Key Largo Recycling Center Fueling FacilitylPlantation Key Fuel
Tank Replacement
(b) The following projects are being completed under the supervision of the
Engineering Division! Department of Facilities Development:
(1) Marathon Courthouse Renovation
(2) Old Tavernier School meeting Hall
(c) The following projects are being completed under the supervision of the
Engineering Division! Department of Engineering:
(1) Palm Drive Bridge
(2) Boca Chica Road
1
2. ARCHITECT and COUNTY acknowledge that the continuing contract dated May 19,
2004 has terminated and this extension will serve to extend that the continuing contract
exclusively for the projects listed above and specifically for the completion of those
projects.
3. ARCHITECTS and COUNTY agree that payment for the completion on the projects
listed above shall be paid under the terms of the original continuing contract and renewals,
retroactive to May 19,2004, as extended under this agreement without interruption.
4. In all other respects, the original continuing contract and renewals remain in full force
and effect.
IN WITNESS WHEREOF COUNTY and ARCHITECT hereto have executed this
Agreement on the day and date fIrst written above in four (4) counterparts, each of which
shall, without proof or accounting for the other counterparts, be deemed an original
contract.
Board of County Commissioners
Of Monroe County
Attest:
Danny L. Kohlage, Clerk
By:
Mayor Mario Di Gennaro
Date:
By:
Deputy Clerk
Date:
Witnesses for
7-/
Signature
Date: ?
MII!.).,//i~L. .d.. /N~fiA-/..1 ,
Print Name
/>/9,q;rNe~ .
Title
Date: ~~oo
Address:
/ /1&'/ A.J.N / Io-rle-AD S r:
Telephone Number: ~1~- 77:J.. (;l.
Signature ,
Date: 99(~;~
STATE OF FLORIDA
COUNTY OF MONROE
SJ/r;~~~~~~bed befo~ef::s
produced the following iooRtifif';Jtio[l
:~(j~day of ~ I) C_ , 20~ by
2~o is person~~l~known'to me or
Notary Starn
.o<JP "!4L NotaJy PublIc State of FIorlda
~~. ~ Maria Graliano
;" c ~; My Commission 00742458
~~f!!l'" Expirfi 0211012012
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RENEWAL CONTRACf
(Annual Contract for Architectural Services)
This renewal is made and entered into this 18th day of April 2007 BETWEEN MONROE
COUNfY, BOARD OF COUNTY COMMISSIONERS (the "Owner") and MBIIK2M
ARCInTECTURE (the "Architect") in order to renew the agreement between the parties dated
May 19, 2004, and as renewed on May 18,2005 and May 16, 2006, as follows:
1. In accordance with the original contract of May 19, 2004, more particularly Page 1,
Paragraph 5, "services will include an annual contract, commencing the effective date of
this agreement and endiog one year thereafter, with options for the County to renew on an
annual basis three consecutive times". This is the third and final renewal of this contract.
2_ The term oftbis renewal contract shall commence May 19,2007, and will expire on May
18, 2008.
3. Article vn of the original contract, paragraph 7.1.1 shall be amended to reflect the
following personnel, and their hourly rates:
NAME
Michael B. Ingram
Scott Maloney
Harry D. Keagler
Dick Cooper
Paula Boykin
Jim Fish
Dana Zimmer
Anthony Sarno
Ketti Schaffian
Rusty Elferdink:
Craig Pennington
Jeni McKinniss
Tara Pesta
Tanya Oldja
Bojan Miocioovic
Kris Gould
Lawrence CJin~e
Andrea Sims
Valene Loar
Kelly Cook
Anne Murfin
Julee Crossan
Dee McKenzie
Christy Salter
Renee Washburn
FUNCI'ION
Principal, Architect I
Principal, Architect I
Project Manager, Arch IT, Sr I:ote:rior Design
Project Manager, Arch IT, Sr Interior Design
P:rQiect Manager, An:b IT, St IDIeIior Design
Project Manager
Project Manaaer
Project Manager
Project Manager
Construction Administrator
Draftsman I
Draftsman I
Draft$Jl'l8ll n
Draftsman n
Draftsman II
Draftsman IT
Draftsman n
Interior Designer
Interior Designer
Interior Designer
Interior Designer
Purchasing Coordinator
Administrative/Clerical
Administrative/Clerical
Administrative/Clerical
HOURLY RATES
$215.00
$215.00
$185,00
$185.00
$185.00
$120.00
$120.00
$120.00
$120.00
$120.00
$95.00
$95.00
$70.00
$70.00
$70.00
$70.00
$70,00
$80.00
$80.00
$80.00
$80.00
$85.00
$55.00
$55.00
$55.00
3. In all other aspects. the original contract between the Owner and .Architect dated May 19.
2004. and renewed on May 18. 2005. and may 16.2006, remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their bands and seal. the day and year
~above.
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Date:
APR 1 8 2007
BOARD OF COUNTY COMMISSIONERS
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MayorICbairman
APR 1 8 2007
Date:
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IlEENE W. CASSEL
ASSISTAN~COUy'TY ATTORNEY
Date ~ ~~ .o7
mbi I k2m
ARC HIT E C T U R E, INC.
MaR:h 23, 2007
Monroe County Engineering Division
FaciIies 0eveI0pmert Depatment
Us. Am M. Riger, ConIra:ts Mnithsbalor
1100 Sirno'*>n snet
Room 2-216
Key West, FL 33040
Sent W. EmIIIIIttd ReauIIr IIaiI
Re: Monroe CoIIIty ArchiIecIuraI Services CoI'1IIa:t
1001 WHITEHEAD STREET
KEY WEST. FlORIOA 33040
PHONE: 305.294.4011
FAX: 305.294.1412
PROF. REG. NO. AA26001059
Dear Ms. Riger.
mbi I k2m Archilecture, Inc. is pleased to a;cept Monroe County'S offer for the last one yea- renewal of our
current con1ract for Contiming Architectural I Engineering Services for Monroe County for aI projects under
$1.0 n6m in cost. Listed below ere otI' et.rrent how1y rates for 2007 aIonO with staB names and Illes. The
certiIIcate of insu'ance cwrentty on file at the County shot*j be used with this docll1lellt A new certificaIe will
be issued at prior m renewal with updaIed policy information.
I ArchIect I
Project Manager IArchiIect IIISerior
IrdBrior .
Project McIlager
Constndon AdrTinistr'aD'
Clansman I
Draftsman II
$215.00Jh0ur
S185.00Jh0tJ'
$120.00Ih0w'
$120.0Ml0tI'
$95.00Ih0II'
$7O.OOIhooc
Michael B. I Scott
HcrTy D. KeagIer, Dick Cooper, Paula
AnIhony
Jeni McKi
Tn Pesta, Tanya 01$. Bojan
Miocinovi;, Kris GcUd, Lawrence
ClnkscaIe
Andrea Sims, VaIene loiY, KeIy Cook,
Anne Mtdn
JWee Crossan
Dee McKenzie, Christy Saller. Renee
Washburn
Interior Designer
Ptrchasing CocIlInab'
AdnInistraIive I CIeIi:aI
$8O.00Jh0ur
$85.00Ih0ur
$55.00Jh0ur
KEY WEST
SOUTHWEST FLORIDA
CLEVELAND
HOUSTON
CHAROLOTTE
mbi I k2m
ARCHITECTURE. INC.
The following table is our reirnbtnabIe expense sheet for 2007.
In house
In house .
In house
In house
In house
I
License Fee
REIMBURSABLES FOR 2006
RM.aiatI will be Df'OYIded wittt InvoK:el
24 x 36 bIackIwhite
11 x 17 bIDIwhite
11 x 17 color
8.5 x 11 color
8.5 x 11 bIackIwhiIe
1001 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
PHOIIE: 305.294.4011
FAll: 30$,294.7412
PROF. REG. 110. AA26001059
$2.50 v"
$ 40 ~.sAM t
$1.50 v
$1.10 ./ itS
$.20 .; ~-r
$.4051 nile 'Rf.atAJ Pr L
CostJ
Cost V
Costv'
COst.!
Costv'
Cost+10% ./
We appreciaIe the opportunity 10 provide services and look fomrd 10 working with the County. If you shot.MI
have any questions or requi'e additional informaIon I can be reached at (305) 294-4011.
Sincerely,
mbll k2m AtdJItecfut8.Inc.
g.
Scott C. Maloney, AJA, NCARB
0ir8cb'
ce. s:~\2OO7WonIoe County ConIract ReneweI ~ IIr 10 Monroe Caunly RlO8W8I of oon1nlcI,cb:;
KEY WEST
SOUTHWEST FLORIDA
CLEVELAND
HOUSTON
CHAROLOTTE
RENEWAL CONTRACT
(Annual contract for Architectural Service)
This renewal is made and entered into this 16th day of May 2006 BETWEEN MONROE
COUNTY, BOARD OF COUNTY COMMISSIONERS (the "Owner") and MBIIK2M
ARCIllTECTURE (the "Architect") in order to renew the agreement between parties dated
May 19, 2004, and as renewed on May 18, 2005 as follows:
1. In accordance with the original contract of May 19,2004, more particularly,
Page 1. Paragraph 5, "services will include an annual contract, commencing the effective
date of this agreement and ending one year thereafter, with options for the County to renew
on an annual basis three consecutive times". This is the second renewal of this contract.
2. The term of this renewal contract shall commence May 19, 2006, and is subject for renewal
again on May 19, 2007.
3. Article vn of the original contract, paragraph 7.1.1 shall be amended to reflect the
following personnel:
NAME
Michael B, Ingram
Harry D. Keagler
Scott C. Maloney
Kevin Terra
Jim Fish
Dana Zimmer
Robert Donaldson
Rusty Elferdink
Craig Pennington
Tara Pesta
Tanya OIdja
Jeni McKinniss
Bojan Miocinovic
Ike Edeani
Dee McKenzie
Maryanne Johnson
Lina Robles
Renee Washburn
FUNCfION
Principa1, Architect, I
Principal, Architect I
Project Manager. Archt n
Project Manager
Project Manager
Project Manager
Project Manager
Construction Administrator
Draftsman I
Draftsman n
Draftsman n
Draftsman n
Draftsman n
Draftsman n
Administrative/Clerical
Administrative/Clerical
Administrative/Clerical
Administrative/Clerical
4. For the performance of the optional additional services and contingent additional services
described in Article IV the architectJEngineer shall be paid at revised hourly rates as
follows:
Principal Architect I
Project Manager/Architect II
Project Manager
Construction Administrator
Draftsman I
Draftsman n
Administrative/Clerical
$2 I 5. oolbour
$1 85.00lbour
$ 120.001hour
$120.00/hour
$95.001hour
$70.00/hour
$55.001bour
5. Article VITI, of the original contract, paragraph 8,2.1 shall be amended to reflect the
following rates fur reimbursable items as follows:
24 x 36 black/white
11 x 17 blacklwhite
11 xl7 color
8.5 x 11 color
8,5 x 11 blacklwhite
In house prints
In house prints
In house prints
In house prints
In house prints
Mileage
Mailing/Shipping
License Fees
Parking
Mailing/Shipping
Blueprint reproduction
Printing
Consultant Fees
$2.50 per page
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$O:~le s:-
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Cost
Cost
Cost + 100,10
6. In ail other aspects, the original contract between Owner and Architect dated
May 19,2004, and renewed on May 18th, 2005 remains in full force and effect.
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MONROE COUNTY ATTORNEY
APF~O\:E!)AS~T.:
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SA!.,',', ,::!......LEY
ASSISTANT COUN TV ATTORNEY
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:ARD OF CO~ COMMISSIONERS
Mayor/Chairman
Date: 6"/1 i, If) t,
ARCIDTECTIENGINEER
MB~
By: dA...... ,
Title:
mbi I k2m
ARC HIT E C T U R E, INC.
RECEIVED
~~
APR 3 - 2006
I}J
Per .............
March 28, 2006
Monroe County Engineering Division
Facilities Development Department
Ms. Ann M. Riger, Contracts Administrator
1100 Simonton Street
Room 2.216
Key West, FL 33040
v.lA FACSIMILE: 305-295-4321
Re: Monroe COWlty Architectural Services Contract
Dear Ms. Riger:
mbi I klm Architecture, Inc. is pleased to accept Monroe County's offer for the second one year renewal of
contract for Architectural Services for Momoe County. Please find listed below current hourly rates for 2006
along with staff names and titles, a current Certificate of Insurance is enclosed.
Principal I Architect I I S21S.00lhour Michael B. Ingram, Harry 0 Keagler
Proiect Manager IArchitect n $185.00lhour Scott C. Maloney
Project Manager S120.00lhour Kevin Tena, Jim Fish, Dana Zimmer,
Robert Donaldson
Construction Administrator $120.00lbour Rusty Elferdink
Draftsman I $9S.00lhour Craig Pennington
Draftsman IT $70.00lhour Tara Pesta, Tanya Oldja, Jeni
McKinniss, Bojan Miocinovic, Ike
Edeani
Administrative I Clerical $55.00lbour Dee McKenzie, Maryanne Johnson,
Lina Robles, Renee Washburn
We appreciate the opportunity to provide
shoul ve any questions I can be reach
'ces and look forward to working with the County. If you
(305) 294-4011.
Cl:: \\192.168.lll.5\Shued'Cleveland\Jobs\2006\Monroe COI'Ihct Renewal for 2006i03-29-{)6 Jtr to Motm:Ie County renewal of contract.doc
604 WHITEHEAO STREET KEV WES1", flOIUOA 31Q4(l I l'HO"E: 305.29'1.4011 \ FAX: 305.294.7412 I PROF. REG. NO.AA260010S9
04/07/2006 11=15
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MBl K2M
PAGE Ell
mbi
k2m
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ARC HIT E C T U R E, INC.
April 7, 2006
MOIII'OC County. Florida
Attn: Paulette Hatper
11 00 Simonton Street
Room 2~216
Key Wes4 FL 33030
v.u FACSIMILE: JtJS-2954J:ll
REIMBURHABLESFOR2006
In house
In house '
In house
In house
In house
Recdntl will II t orovided with iIlvokeI
24 x 36 t h.ckJwhite
11 x 11 t hlCk/white
11 x 17 co.or
8.5 x 11 x.lor
8.5 " 11 . )Jlt:klwhite
$2.50
$ 40
51.50
51.10
$ .20 a e
$.40S I mile
Cost
Cost
Cost
Cost
Cost
Cost + 10%
'on
If you should have any questions plC8BC iivc me a call.
Sincerely,
lfIbj I u", ArchiUctu:re, lilt!.
~ CIIurf
0.. McKenzie 71(-
Director of Operations
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RENEWALCONTRACf
(Annual contract for Architectural Service)
This renewal contract for ARCHITECfURAL SERVICES BETWEEN OWNER
AND ARCHITECT (the "Contract") is made and entered into by MONROE COUNTY,
BOARD OF COUNTY COMMISSIONERS (the "Owner") and MBIJK2M
ARCHITECfURE (the" Architect") this 18th day of May, 2005.
1. In accordance with the original contract of May 19,2004, more particularly,
Page 1, Paragraph 5, "services will include an annual contract, commencing the
effective date of this agreement and ending one year thereafter, with options for
the County to renew on an annual basis three consecutive times". This is the fIrst
renewal of this contract.
2. The term of this renewal contract shall commence May 19,2005, and is subject
for renewal again on May 19,2006.
3. In all other aspects, the original contract between Owner and Architect dated
May 19,2004, remains in full force and effect.
WHEREOF, the parties have hereunto set their hands and seal, the day and
en above.
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BOARD OF COUNTY COMMISSIONERS
By:
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Mayor/Chairman
Date: May 18, 2005
Date: May 18, 2005
ZANN~nON
Date Sl~ :rTORNEY
ARCJI.ITEcr~GINEER
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CONTRACT FOR
PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECT/ENGINEER
2004 EDITION
These contract documents should be used only after consultation with counsel. The
documents are not intended as legal advice appropriate to any specific situation, nor do they
purport to address all issues which may arise between the contracting parties. The documents
should be amended or supplemented where appropriate.
THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND
ARCHITECTIENGINEER (the "Contract") is made and entered into by MONROE COUNTY,
BOARD OF COUNTY COMMISSIONERS (the "Owner") and MBIIK2M TEAM
This contract is executed under seal and shall be effective on the date executed by the
last party to execute it.
The professional services required by this Contract are to be rendered for the small
projects consisting of remodeling, roofing, ADA compliance, or renovations of building and other
capital renovations of building and other capital improvements, in which construction costs do
not exceed $1,000,000.00,
Services will include an annual contract, commencing the effective date of this
agreement and ending one year thereafter, with options for the County to renew on an annual
basis three consecutive times.
These services shall include, but not be limited to: Preparation and completion of the
design program for space requirements and relationships, schematic design, design
development, preparation of contract documents for bids, preparation and advertisement for
Request for Bids, tabulation and review of bids, recommendation of contract awards, cost
estimating during design and document preparation, administration of contract documents,
consultation and on-site inspections during construction, review and recommend approval of
contractor invoices, preparation and submittal of permit applications, zoning applications, public
presentations and presentations to the County Commission.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the Sufficiency of which hereby
acknowledged, the Owner and the ArchitectlEngineer agree:
FORM OF AGREEMENT
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Contract, the ArchitectlEngineer makes the following express representations
and warranties to the Owner;
1.1.1 The ArchitectlEngineer is a professional qualified to act as the ArchitectlEngineer 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, pennits or other
authorizations necessary to act as Architect/Engineer for the Project until the
ArchitectlEngineer's duties thereunder 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 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
confonnity and comply with all applicable law, codes and regulations. The ArchitectlEngineer
warrants that the documents prepared as a part of this Contract will be adequate and sufficient
to accomplish the purposes of the Project, therefore, eliminating any additional construction cost
due to missing or incorrect design elements in the contract documents;
1.1.5 The ArchitecVEngineer assumes full responsibility to the extent allowed by law with
regards to his perfonnance and those directly under his employ as Architect/Engineer of
Record.
1.1.6 The ArchitectlEngineer's services shall be perfonned as expeditiously as is consistent
with professional skill and care and the orderly progress of the Worle The Architect/Engineer
shall submit, for the Owner's and Construction Manager's infonnation, a schedule for the
performance of the Architect/Engineer's services which may be adjusted as the Project
proceeds if approved by the Owner, and shall include allowances for periods of time required for
the Owner's and Construction Managemenfs review, and for approval of submission by
authorities having jurisdiction over the Project. Time limits established by this schedule and
approved by the Owner may not be exceeded by the ArchitectlEngineer except for delay caused
by events not within the control of the Architect/Engineer or foreseeable by him. In the event
the ArchitectlEngineer does not confonn to the schedule, then the ArchitectlEngineer may be
assessed a charge up to one percent (1 %) of the fee per week until the worl<: product is
produced in an acceptable manner. The penalty shall apply only to the completion of
documents required for bidding, said date being met with the delivery of one final set to the
Owner. The Owner shall assess the charge only after it is detennined that the work
is solely the fault of the Architecf/Engineer and his subconsultants and is not the fault of the
owner or other parties not under the control of the ArchitectlEngineer.
2
ARTICLE II
SCOPE OF ARCHITECT/ENGINEER'S BASIC SERVICE
2.1 DEFINITION
2.1.1 ArchitectlEngineer's Basic Services consist of those described in Paragraphs 2.2
through 2.8. and other services identified as part of Basic Services, and indude normal, civil.
structural, mechanical, and electrical engineering services.
2.1.2 The Design for Construction shall include, but shall not necessarily be limited to, plans
and specifICations which describe all systems, elements, details, components. materials,
equipment, and other information necessary for construction. The Design for Construction shall
be accurate. coordinated and in all respects adequate for construction and shall be in
conformity, and comply, with all applicable law, codes, permits, and regulations. Products,
equipment and materials specified for use shall be readily available unless written authorization
to the contrary is given by the Owner. The Architect/Engineer shall be responsible for designing
the Project in accordance with the analyses and recommendations of the geotechnical
information furnished per Articfe 4.4.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The ArchitectlEngineer shall review the program, schedule and construction budget
furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual
understanding of such requirements with the Owner.
2.2.2 The ArchitectlEngineer shall review with the Owner and Construction Manager:
proposed site use and improvements, required permits, zoning, selection of materials, building
systems and equipment; and method of Project delivery.
2.2.3 The Architect/Engineer shall review with the Owner and Construction Manager
alternative approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget
requirements, the ArchitectlEngineer shall prepare, for approval by the Owner, Schematic
Design Documents consisting of drawings and other documents illustrating the scale and
relationship of Project components.
2.2.5 At levels of completion of 25%, 50% and 75% of the Schematic Design Phase, the
ArchitectlEngineer shall provide schematic design studies for the Owner's review and the
Construction Manager's information.
2.2.6 Upon completion of the Schematic Design Phase, the ArchitectlEngineer shall provide
drawings, outline specifications, estimate of anticipated cost in accordance with the schematic
designs, and other documents for the Owner's approval and the Construction Manager's
information.
2.2.7 The Schematic Design must be approved in writing, by the Owner prior to
Architect/Engineer continuing to the Design Development Phase,
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2.3 SCHEMATIC DESIGN PHASE REQUIREMENTS
2.3.1 The Schematic Design Phase services shall respond to program requirements and
consist of preparation of: conceptual site and building plans, preliminary sections and
elevations, development of approximate dimensions, areas and volumes, concept sketches as
required to explain the design intent to the owner. Perspective renderings and models, if
required by the Owner, will be billed as an additional service as billed as a reimbursabfe
expense if that service is perfonned by additional consultants after the Owner's written approval.
The ArchitectlEngineer shall perfonn the following design phase tasks:
a. Structural Design/Documentation services during the Schematic Design Phase
consisting of recommendations regarding basic structural materials and systems,
analyses, and development of conceptual design solutions for: a predetennined
structural system and alternate structural systems.
b. Mechanical Design/Documentation services during the Schematic Design Phase
consisting of consideration of alternate materials, systems and equipment, and
development of conceptual design solutions for: energy source (s), energy
conservation, heating and ventilating, air conditioning, plumbing, fire protection,
special mechanical systems, process systems, and general space requirements.
c. Electrical DesignlDocumentation services during the Schematic Design Phase
consisting of consideration of alternate systems, recommendations regarding
basic electrical materials, systems and equipment, analyses, and development of
conceptual design solutions for: power service and distribution, lighting,
telephones, fire detection and alanns, security systems, electronic
communications, special electrical systems, and general space requirements.
d. eMI Design/Documentation services during the Schematic Design Phase
consisting of consideration of altemate materials and systems and development
of conceptual design solutions for: on-site utility systems, off-site utilities work,
fire protection systems, drainage systems, sewage treabnent, and paving.
2.4 DESIGN DEVELOPMENT/DOCUMENT PHASE
2.4.1 Based on the approved Schematic Design Documents and any adjustments authorized
by the Owner in the program, schedule or construction budget, the ArchitectlEngineer shall'prepare Design DeveJopment Documents for the Construction Manager's review and the
Owner's approval. The Design Development Documents shall consist of drawings and other
documents that establish and describe the size and character of the Project as to
architecturaVengineering, structural, mechanical and electrical systems, materials and such
other elements as may be appropriate.
2.4.2 At intervals mutually agreeable to the ONner, Construction Manager and
ArchitectlEngineer, the ArchitectlEngineer shall provide drawings and other documents which
depict the current status of design development for the Owner's review and the Construction
Manager's information. The Architect/Engineer shall provide an estimate of anticipated cost in
accordance with the design development phase,
4
2.4.3 Upon completion of the Design Development Phase, the ArchitectlEngineer shall provide
drawings, outline specifications and other documents for the Owner's approval and the
Construction Manager's information. The Architect/Engineer shall provide an estimate of
anticipated costs in accordance With the design development phase.
2.4.4 The Design Development Documents must be approved in writing, by the Owner prior to
ArchitecUEngineer 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 mechanical/electrical systems determined and their requirements reflected
and indicated on plans.
d. Indicate building core - elevators, stairs, etc.
e. All internal partitions of appropriate thickness indicated,
f. Floor, slab, and level elevations.
g. Typical door types.
h. Typical partition types.
i. Built-in furniture items - Special furniture and equIpment (earfy clarification of
what is "NIC" and "by owner").
j. Larger scale (e.g., %:"), Key areas, lobby, entries, public plaza, major corridors,
special spaces, etc. Required: All surfaces (floor, wall, and ceiling treatments),
furniture indication, and layout.
k. Evacuation routes identified (to include locating necessary posting of evacuation
route plans).
2.5.2 General Elevations
a. Total full-height facades including roof structures.
b, All fenestration.
c. Overall vertical building and floor heights.
d. Indicate cross-reference points with sections.
e. Indicate setbacks, building profifes, expansion joints, etc.
f. Indicate treatment of visible mechanical equipment.
g. System impact (precast concrete, stone, panel systems, metal/glass curtain wall,
etc.) properly selected by adequate technical investigation.
2.5.3 Sections-Overall Sections - Overall building longitudinal and transverse "building
explanation" type. Detail Wall Sections - Largest scale (e.g., %"). Dominate fult-height
sections conveying basic building configuration, to indicate:
a. Foundation and perimeter treatment.
b, Typical wall construction.
c. Back-up structure, abutting floor systems.
d. Window location and insulation methods.
e. Flashing, masonry coursings.
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f. Mechanical penetrations impact (furring, etc.),
g. Parapet design.
2.5.4 Details -large scale (1-1/2-, 3-) as required. Indicate key conditions.
a. Window types: divisions, pattern, mullion profiles, vent detail, glazing type,
jamb/head, plan section.
b. Hollow metal (typical only; keyed to plans and schedules).
c. Frame types (typical only; for compatibility and profile).
d. Stair types - egress, public, exterior (including railing design) Metal and glass
walls, borrowed lights, etc.; for division, profile, and glazing.
f. Interior partition types {typical only; keyed to plans and schedules}.
g. Built-in furniture items, receptions, desks, work tops, counters, cabinet types,
display cases, recesses, wardrobes, millwork, etc.
2.5.5 Interior Elevations - Typical and special spaces, interfaced with, and cross-referenced
to, floor and reflected ceiling plans. Indicate:
a. Breaks.
b. level changes.
c. Pertinent vertical dimensions.
2.5.6 Reflected Ceiling 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. Window/glazing.
2.5.8 Specifications - Comprehensive, abbreviated methods, materials and systems
descriptions in tune with drawings. Use CSI fonnat with applicable section numbers.
Include all consultant portions as well as those special supplementary conditions SpecifIC
to the project.
2.5.9 Preliminary Estimate of Construction Cost - Adjustment of the preliminary estimate of
construction cost prepared at the end of schematic design,
2.5.10 Structural Design Development Set
a. Floor plans at the same scale as the architectural/engineering drawings
b. Typical floor framing plans, including sizing of beam drops, slab openings,
thicknesses, and depressions
c. Framing indication and governing sizing at: roof structures, penthouse,
bulkheads, other
d. Nontypical framing scheme where required: lobby, floors at grade, and other
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e. All column points established
f, Final column schedule
g. Preliminary details and sections to adequately indicate structural system
h. Preliminary details of major unique conditions that impact on scheme (as
determined by the ArchitectlEngineer)
L 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. Terminal plans (lobby, cellar, roof) with items of heavy equipment shown in
diagrammatic style, with their space requirements indicated: (1) Boilerlheater
spaces (include clear height requirements), (2) Transfonner vaults (approved
obtained from local utility company), (3) SwItchgear, emergency generator, water
storage tanks, fire pumps, etc., (4) Roof cooling towers, major air-conditioning
and air-handling equipment, packaged units, etc.
d. Locations of major roof-air handling equipment cooling towers, exhaust fans,
etc.
e. Preliminary details of major and unique conditions that impact on scheme (as
determined by the Architect/Engineer)
f. Data to be developed in conjunction and in coordination with the project team:
1. Integrated diagrammatic lighting plans indicating all overhead mechanical
and electrical equipment for typical floor and special spaces
2. Cuts and explanatory infonnation 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. OveraH preliminary site grading and defined design of external elements, property
coordinated and interfaced with mechanicaVelectrical for utility entry points
e. Indicate areaways, vaults, access to subgrade spaces
f. Preliminary site and exterior building lighting scheme with identification of fixture
types
g. Parking area defined with preliminary plotting
h. Indication of paths, stairs. ramps, berms, terraces, etc.
L Plant materials (indication and preliminary schedule)
j. Design development details: railings, stairs, ramps, paving types and patterns,
kiosks, benches, light standards, others
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k. Design development specifications
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 Ust 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 Owner in the scope or quality of the Project of in the construction budget, the
ArchitectlEngineer shall prepare, for approval by the Owner and Construction Manager,
Construction Documents consisting of Drawings and Specifications setting forth in detail the
requirements for the construction of the project.
2.6.2 The ArchitectlEnglneer shall provide Drawings and Specifications for the Owner's and
the Construction Manager's review.
2.6.3 Upon completion of the Construction Documents Phase, the ArchitectlEngineer shall
provide Construction Documents for the Owner's and Construction Manager's approval. Once
approved the ArchitectlEngineer shall provide the Owner two (2) complete signed and sealed
sets of construction drawings and the technical specifications saved electronically in Adobe
Acrobat file (.pdt) format. Any and all files used to create the technical specifications need to be
submitted saved as an Adobe Acrobat file (.pdt) femat, including but not limited to; technical
sections, reports such as, asbestos, geotechnical, soils, paint, and photographs. The
ArchitectlEngineer shall prOvide an estimate of anticipated costs in accordance with the
construction development phase.
2.6.4 The ArchitectlEngineer shall assist the Owner and Construction Manager in the
preparation of the necessary bidding information, bidding forms, the Conditions of Contracts,
and the fonns of Agreement between the Owner and the Contractors.
2.6.5 The ArchitectlEngineer's construction documents (plans, specifications, etc.) will
conform to all written codes and regufations 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
ArchitectlEngineer 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 Owner.
2.7 BIDDING OR NEGOTIATION PHASE
2.7.1 The ArchitectlEngineer, foflowing the Owner'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 Architect/Engineer shall assist the Construction Manager in issuing bidding
documents to bidders and conducting pre-bid conferences with prospective bidders. The
8
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, on behalf of the Owner, file an necessary documents
required to secure building permit. Assistance with securing a development approval will be in
the form of providing schematic drawings.
2.8 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
2.8.1. The 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 Owner 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 Owner/Contractor contract as provided for In that
document. The ArchitectlEngineer agrees to perform a project check prior to the end of the
warranty period as a part of the contract. The check shalf not exceed one working day unless
additional time is approved by the Owner.
2.8.2 The ArchitectlEngineer shall at all times have access to the Work whenever it is in
preparation or progress.
2.8.3 The ArchitectlEngineer shall. as contemplated herein and in the Construction Contract,
but not otherwise, act on behalf. and be the agent. of the Owner throughout construction of the
Project. Instructions, directions, and other appropriate communications from the Owner to the
Contractor shall be given to the Contractor by the ArchitectlEngineer 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 Owner or the
ArchitectlEngineer may require from the Contractor. The purpose of such review and
examination shall be to protect the Owner from an unbalanced Schedule of Values which
allocates greater value to certain elements of the Work than is indicated by such supporting
documentation or data, or than is reasonable under the circumstances. If the Schedule of
Values were not found to be appropriate, or if the supporting documentation or data is deemed
to be inadequate. and unless the Owner directs the 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 ArchitectlEngineer 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
ArchitectlEngineer shafl not approve such Schedule of Values in the absence of such belief
unless directed to do so, in writing. by the Owner.
2.8.5 The Architect/Engineer shall carefully inspect the work of the Contractor and shall. at a
minimum. inspect work at the Project site once every week. The purpose of such Inspections
shafl be to determine the quality and quantity of the work in comparison with the requirements of
the Construction Contract. In making such inspections, the ArchitectlEngjneer shalf protect the
Owner from continuing deficient or defective work, from continuing unexcused delays in the
schedule and from overpayment to the Contractor. Following each inspection, the
Arch/tectlEngineer shall submit a written report of such inspection, together with any appropriate
comments or recommendations to the Owner.
9
2.8.6 The ArchitectlEngineer shall initially approve periodic and final payments owed to the
Contractor under the Construction Contract predicated upon inspections of the work and
evaluations of the Contractor's rate of progress in light of the remaining contract time and shall
issue to the Owner Approvals of Payment in such amounts. By issuing an Approval of Payment
to the Owner, the ArchitectlEngineer reliably infonns the Owner 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 Owner is obligated to make
payment to the Contractor of the amount approved.
2.8.7 The issuance of a Certificate for Payment shall not be a representation that the
ArchitectJEngineer has (1) made exhaustive or continuous on-site inspections to check the
quality or quantity of the Work. (2) reviewed construction means, methods, techniques,
sequences or procedures. (3) reviewed copies of requisitions received from Subcontractors and
material suppliers and other data requested by the Owner to substantiate the Contractor's right
to payment or (4) ascertained how or for what purpose the Contractor has used money
previously pakf on account of the Contract Sum.
2.8.8 The ArchitectlEngineer shall have authority, after notification to the Construction
Manager, to reject Work, which does not conform to the Contract Documents. Whenever the
ArchitectJEngineer considers it necessary or advisabfe for implementation of the intent of the
Contract Documents the ArchitectlEngineer will have authority, upon written authorization from
the Owner, to require additional inspection or testing of the Work in accordance with the
provisions of the Contract Documents, whether or not such Work Is fabricated, installed or
completed.
2.8.9 The 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 infonnation given and the design concept
expressed in the Contract Documents. The ArchitectlEngineer's action shall be taken with such
reasonable promptness as to cause no delay in the Contractor's Work or in construction by the
Owner's own forces, while allowing sufficient time in the Architect/Engineer's professional
judgment to permit adequate review. Review of such submittals is not conducted for the
purpose of determining the accuracy and completeness of other details such as dimensions and
quantities or for substantiating instructions for installation or performance of equipment or
systems designed by the Contractors. all of which remain the responsibility of the Contractors to
the extent required by the Contract Documents. The Architect/Engineer's review shall not
constitute approval of safety precautions or, unless otherwise specifically stated by the
ArchltectlEngineer, of construction means, methods, techniques, sequences, or procedures.
The ArchltectlEngineer'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 shaH be entitled to rely upon such certification to establish that the materials,
systems or equipment will meet the perfonnance criteria required by the Contract Documents.
ArchitectlEngineer 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 wiJl be made available to Owner when requested.
2.8.10 The Architect/Engineer shall review and sign or take other appropriate action on Change
Orders and Construction Change Directives prepared by the Construction Manager for the
10
Owner's approval and execution in accordance with the Contract Documents.
ArchitectlEngineer to take appropriate action within 7 calendar days.
2.8.11 The ArchitectlEngineer 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 electrical 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 Rnal Completion. The
ArchitectJEngineer shall submit to the Owner a list comprised of incomplete anellor 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 ArchitectlEngineer shall issue
a final Project Certificate for Payment upon compliance with the requirements of the Contract
Documents.
2.8.14 The ArchitectlEngineer shall interpret and decide matters concerning performance of the
Contractor under the requirements of the Contract Documents upon written request. The
ArchitectlEngineer'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 Owner and Contractors relating to the
execution or progress of the Work as provided in the Contract Documents.
2.8.17 Duties, responsibilities and limitations of authority of the ArchitectlEngineer shall not be
restricted, modified or extended without written agreement of the Owner and Architect/Engineer.
2.8.18 The Architect/Engineer shall be a representative of and shall advise and consult with the
OWner (1) during construction until final payment to the Contractor is due and (2) as a Basic
ServIce at the Owner's direction from time to time during the correction period described In the
Contract for Construction. This advice and consultation shall be limited to verbal comment on
actions of the Owner and shall not necessitate filing of records, forms, or revisions to drawings,
without additional compensation,
2.8.19 The ArchitectlEngineer shall transmit to the Owner all manuals, operating instructions,
as-built plans, warranties, guarantees and other documents and things required by the
Construction Contract and submitted by the Contractor.
2.8.20 The 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 ArchitectlEngineer shall not
be responsible for the Contractor's schedules or failure to cany out the work in accordance with
II
the contract documents. The ArchitectlEngineer 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 concerning the design and
construction of the project when requested in writing by the Owner, and the Architect/Engineer
shall make available to the Owner any personnel or consultants employed or retained by the
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 ArchltectlEngineer, unless otherwise prevented by counsel of the
ArchitectlEngineer and which time it would be subject to subpoena. For other claims against
the Owner, the ArchitectlEngineer will do this under an expert witness with compensation.
2.8.22 The ArchitectlEngineer shall review any as-built drawings furnished by the Contractor
and shall certify tathe Owner that same are adequate and complete.
2.8.23 The ArchitectlEngineer shall, without additional compensation, promptly correct any
errors, omissions, deficiencies, or conflicts in the work product of the ArchitectJEngineer or its
consultants, or both,
2.8.24 The ArchitectlEngineer must reimburse the Owner for any added costs paid by the
Owner during construction that were incurred as the result of any omission, deficiency, or
conflict in the work product of the ArchitectlEngineer. its consultants, or both. This added
expense is defined as the difference in cost from that which the Owner would have paid if the
work was included in the bid. and the actual cost presented by the Contractor.
ARTICLE 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 Owner as provided In this agreement as an addition to the compensation paid
for the Basic Services but only if approved by the Owner before commencement.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in subparagraph 2.8.5 is
required, the ArchitectJEngineer shall provide one or more project representatives to assist in
carrying out such additional on-site responsibilities.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing detailed quantity surveys or inventories of material and equipment.
3.4.2 Providing analyses of owning and operating costs.
3.4.3 Providing interior design and other similar services required for or in connection with the
selection, procurement or installation of furniture, furnishings and refated equipment.
12
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 aU 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 architecturaVengineering, 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 owner.
3.5 CONTINGENT ADDITIONAl SERVICES
3.5.1 Making revisions in Drawings, Specifications or other documents when such revisions
are:
a. Inconsistent with approvals or instructions previously given by the Owner,
including revisions made necessary by adjustments in the Owner's program or
Project budget;
b. Required by the enactment or revision of codes. laws or regulations subsequent
to the preparation of such documents and not reasonably anticipated; or
c. Due to changes required as a result of the Owner's failure to render decisions in
a timely manner,
3.5.2 Providing services required because of signiflcant changes in the Project including, but
not limited to, size, quality, complexity, the Owner's schedule. or the method of bidding or
negotiating and contracting for construction.
13
3.5.3 Providing consultation concerning replacement of work damaged by fire or other cause
during construction, and furnishing services required in connection with the replacement of such
work..
3.5.4 Providing services in connection with public hearings.
ARTICLE IV
OWNER'S RESPONSIBIUTIES
4.1 The Owner shall establish and update an overall budget for the Project based on
consultation with the Construction Manager and the ArchitectlEngineer, which shalt incfude the
Construction Cost, the Owner's other costs and reasonable contingencies related to aD of these
costs.
4.2 The Owner shall designate the Construction Manager to act on the Owner's behalf with
respects to the Project. The Owner or Construction Manager shall render decisions in a timely
manner pertaining to documents submitted by the ArchitectlEnglneer in order to avoid
unreasonable delay In the orderly and sequential progress of the ArchitectlEngineer's services.
4.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and
utility locations for the site of the Project, and a written legal description of the site. The surveys
and legal information shall include, as applicable, grades and lines of streets, alleys,
pavements, and adjoining property and structures; adjacent drainage; rights-of-way; restrictions,
easements, encroachments, zoning, deed restrictions, boundaries and contours of the site;
locations, dimensions and necessary data pertaining to existing buildings, other improvements
and trees; and information concerning available utility services and lines, both public and
private, above and below grade, including inverts and depths. All the infonnation on the survey
shall be referenced to a Project benchmark.
4.4 The Owner shall furnish the geotechnical tests when requested by the
ArchitectlEngineer. Such tests may include, but not limited to, test borings, test pits,
detenninations of soil bearing values, percolation tests, evaluations of hazardous materials, and
ground corrosion and resistively tests, including necessary operations for anticipating subsoil
conditions, with reports and appropriate professional recommendations.
4.5 The Owner shall furnish all legal, accounting and insurance counseling services as may
be necessary at any time for the Project, including auditing services the Owner may reqUire to
verify the Contractor's Application for Payment or to ascertain how or for what purposes the
Contractor has used the money paid by or on behalf of the owner.
4.6 The services, infonnation, surveys and reports shall be furnished at the Owner's
expense, and the ArchitectlEngineer shall be entitled to rely upon the accuracy and
completeness thereof.
4.7 Prompt written notice shall be given by the Owner and Construction Manager to the
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 req uested of the Architect/Engineer
or ArchitectlEngineer's consultants shall be submitted to the Owner for review and approval at
14
least 14 days prior to execution. The Owner shall not request certifications that would require
knowledge or services beyond the scope of this Agreement.
4.9 The Owner shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
ArchitectJEngineer's services and work of the contractors.
4.10 The Owner shall furnish the Architect/Engineer copies of written communications.
4.11 The Owner'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 Owner's criteria, as and if, modified. No review of such documents shall
relieve the Architect/Engineer of responsibility for the accuracy, adequacy, fitness, suitabifity or
coordination of its work product.
4.12 The Owner 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
ArchitecUEngineer shall submit to the Owner in writing its final estimate of the contractor's
anticipated price for constructing the Project. Once submitted, the final anticipated price
estimate shall be adjusted by the ArchitectlEngineer to reflect any increase or decrease in
anticipated price resulting from the change in Design for Construction.
5.2 The Construction Cost shall be the total estimated cost to the Owner of aU elements of
the project designed or specified by the Architect/Engineer.
5.3 The Construction Cost shall include the cost at current market rates of labor and
materials fumished by the Owner and equipment designed, specified, selected or Specially
provided for by the 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
ArchitectlEngineer's consultants, the costs of land, rights-of-way, financing or other costs which
are the responsibility of the Owner.
5.5 The Architect/Engineer agrees that, should the bid for construction of the project exceed
ifs estimate by ten percent (10%) or more, it will redesign, redraw and/or rebid, at no additional
or expense to the Owner, until the bids are within the stated limits.
ARTICLE VI
6.1 INDEMNIFICATION AND HOLD HARMLESS
6.1.1 The Architect/Engineer convenants and agrees to indemnify and hold harmless Monroe
County and Monroe County Board of County Commissioners from any and all claims for bodily
injury (including death), personal injury, and property damage (including property owned by
15
Monroe County) and any other losses, damages, and expenses (including attorney's fees)
which arise out of, in connection with, or by reason of services provided by the
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 ONner by virtue of any deficiency or ambiguity in the plans and specifications
provided by the ArchitectlEngineer, the Architect/Engineer agrees and warrants that he shall
hold the ONner harmless and shaR indemnify him from all losses occurring thereby and shall.
further defend any claim or action on the Owner's behalf.
7.1 PERSONNEL
ARTICLE VII
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
Michael B. lnaram
Scott C. Maloney
HarTY D. Keaaler
Peter Oliver
Martv Herrin
Jeni McKinnlss
FUNCTION
Princioal. Sr. Architect
Proiect liaison. Mar/Archt II
Architect II
Architect
Draftsoerson
Draftsoerson
NAME
Robert Burrows
Tara Pesta
Boian Miocinovic
Marvanne Johnson
lina Robles
Kame Wmiams
FUNCTION
Draftsoerson
Draftsoerson
Draftsoerson
Adm. Assist.
Adm. Assist.
Bus. Dav.Mar.
So long as the indMduals named above remain actively employed or retained by the
ArchitectlEngineer, they shall perform the functions indicated next to their names,
8.1 PAYMENTS
ARTICLE VIII
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 ArchitecturaVEngineering 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
30 percent
5 percent
20 percent
An estimated construction cost of each project and a fee percentage thereof shall be
initially used to calculate the architecturaVengineering fee. When the actual construction
cost is known, the fee will be adjusted in accordance with the State of Florida,
Department of Management Services, Division of Building Construction Fee Schedule
for Architectural and Engineering Services, attached hereto as Exhibit A.
16
A final adjustment will be made when construction is complete.
(B) For the performance of the optional additional services and contingent additional
services described in Article III of this contract, provided same are first authorized in
writing by the Owner, the ArchitectlEngineer shall be paid hourly at the rates identified in
Exhibit B, or as negotiated.
(C) If the ArchitectlEngineer's duties, obligations and responsibilities are materially
changed through no fault of the ArchitectJEngineer after execution of this contract,
compensation due to the ArchitectlEngineer shall be equitably adjusted. either upward or
downward.
(D) As a condition precedent for any payment due under this contract, the Architect/
Engineer shall submit monthly. unless otherwise agreed in writing by the Owner, an
invoice to the Owner requesting payment for services properly rendered and
reimbursable expenses due hereunder. The ArchitecUEngineer's invoice shall describe
with reasonable particularty the service rendered. The ArchitectlEngineer's invoice shall
be accompanied by such documentation or data in support of expenses for which
payment is sought that the Owner may require.
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable expenses include expenses 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 Owner, in
writing, but only to the extent and in the amounts authorized by Section 112.061,
Florida Statutes;
b. Fees paid for securing approval of authorities having jurisdiction over the project;
c. Reproductions as requested only by the Owner (beyond 8 signed and sealed full
size sets, plus one full size reproducible set, and one 11 x 17 reproducible set);
d. Postage and handling of Drawings and Specifications;
e. Renderings and Models requested by the Owner.
ARTICLE IX
9.1 APPLICABLE LAW
9.1.1 This contract is governed by the laws of the State of Florida. Venue for any litigation
arising under this contract must be in Monroe County, Florida,
ARTICLE X
OWNERSHIP OF THE PRELIMINARY DESIGN AND THE DESIGN FOR
CONSTRUCTION
17
10.1 The Drawings, Specifications and other documents prepared by the Architect/Engineer
for this project are instruments of the Architect/Engineers service for use solely with respect to
this project, and the ArchitectJEngineer shall be deemed the author of these documents and
shall retain all common law, staMory and other reserved rights, including reproducible copies,
of the ArchitectlEngineer's Drawings, Specifications and other documents shall not be used by
the Owner or others on other projects, or for compfetion of this project by others, unless the
ArchitectJEngineer is adjudged to be in default under this Agreement, except by agreement in
writing and with appropriate compensation to the ArchitectlEngineer.
10.1.2 Submission or distribution of documents to meet official regulatory requirements or for
similar purposes in connection with the project is not to be construed as publication in
derogation of the ArchitectlEngineer's reserved rights.
10.1.3 The As-Built drawings and specifICations may be furnished by the contractor to the
Owner in electronic format in addition to the original As-Built documents.
10.1.4 The Owner may utilize the construction documents, As-Built documents, etc. as required
for reference on any necessary future work on the site.
ARTICLE XI
11.1 SUCCESSORS AND ASSIGNS
11.1.1 The ArchitectlEnglneer shall not assign its right hereunder, accepting its right to
payment, nor shall it delegate any of its duties hereunder without the written consent of the
Owner. Subject to the provisions of the immediately preceding representatives to the other and
to the successors, assigns and legal representatives of such other party.
ARTICLE XII
12.1 NO THIRD PARTY BENEFICIARIES
12.1.1 Nothing contained herein shall create any relationship, contractual or otherwise, with or
any rights in favor of, any third party.
ARTICLE XIII
13.1 INSURANCE
13.1.1 The ArchitectlEngineer shall obtain insurance as specified in the contract and maintain
the required insurance at all times this contract is in effect. Errors and Omissions Insurance
shaD 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
ArchitectJEngineer shall indemnify the County from any and all increased expenses resulting
from such delay.
13.1.2 The coverage provided herein shall contain an endorsement providing sixty (60) days
notice to the Owner prior to any cancellation of said coverage. Said coverage shalf be written by
an insurer acceptable to the Owner and shall be in a form acceptable to the Owner.
18
ARTICLE XIV
TERMINATION
14.1 Either party hereto may terminate this contract upon giving seven (7) days written notice
to the other in the event that such other party
substantially fails to perform its material obligations set forth herein. Termination expenses shall
include all expenses till date of termination and any additional services required in order to stop
performance of services, subject to audit for verification.
14.1.1 Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of County Commissioners and the approval of the
Board members at the time of contract initiation and its duration.
ARTICLE XV
ENTIRE AGREEMENT
15.1 This contract consists of the form of agreement (Articles I-XVI), the exhibits that are
attached and made a part of the contract, and the documents referred to in the form of
agreement as a part of this contract. In the event any conflict between any of those contract
documents, the one imposing the greater burden on the ArchitectlEngineer will control.
15.2 A person or affiliate who has been place on the convicted vendor list following a
conviction for public entity crime may not submit a bid on contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
property to public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017 of
the Florida Statutes, for CATEGORY lWO for a period of 36 months from the date of being
placed on the convicted vendor list.
ARTICLE XVI
Added Requirements
16.1 The following items are part of this contract:
a) ArchitecVEngineer shall maintain all books, records, and documents directfy
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 tenn 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 ArchitectlEngineer pursuant to this Agreement were spent for
purposes not authorized by this Agreement, the ArchitectlEngineer shall repay the monies
together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies
were paid to Owner.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall
be governed by and construed in accordance with the laws of the State of Florida applicable to
19
contracts made and to be performed entirely in the State. In the event that any cause of action
or administrative proceeding is instituted for the enforcement or interpretation of this Agreement,
the County and Architect/Engineer agree that venue wllllie in the appropriate court or before the
appropriate administrative body in Monroe County, Florida. The Parties waive their rights to a
trial by jury. The County and ArchitectlEngineer agree that, in the event of conflicting
interpretations of the terms or a term of this Agreement by or between any of them the issue
shall be submitted to mediation prior to the institution of any other administrative or legal
proceeding,
c) Severability. If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shalf be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining tenns,
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 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
refative to the enforcement or interpretation of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as
an award against the non-prevailing party, and shall include attorney's fees, courts costs,
investigative, and out-of-pocket expenses In appellate proceedings. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the Florida
Rules of Civil Procedure and usual and customary procedures required by the circuit court of
Monroe County.
e) Binding Effect. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and ArchiteotlEngineer 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. ArchitectlEngineer 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 ArchitectlEngineer
agree that all disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If no resolution can be agreed upon
within 30 days after the first meet and confer session, the issue or issues shall be discussed at
a public meeting of the Board of County Commissioners. If the issue or issues are still not
resolved to the satisfaction of the parties, then any party shall have the right to seek such relief
or remedy as may be provided by this Agreement or by Florida law.
i) Cooperation. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this
20
Agreement, County and Owner agree to participate, to the extent required by the other party, in
all proceedings, hearings, processes, meetings, and other activities related to the substance of
this Agreement or provision of the services under this Agreement. County and Owner
specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
j} Nondiscrimination. ArchitectlEngineer and Owner agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the court
order. Architect/Engineer or Owner agree to comply with all Federal and Florida statutes. and
all local ordinances, as applicable. relating to nondiscrimination. These include but are not
limited to: 1} Tille 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 55. 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 alc0hoiism; 7) The Public Health
Service Act of 1912. 55.523 and 527 (42 use ss. 69Odd-3 and 29Oee-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; 11) Monroe County Code Chapter 13,
Article VI. which prohibits discrimination on the basis of race, color, sex, religion, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age.
k) Covenant of No Interest. Architect/Engineer and Owner covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict in any
manner or degree with its performance under this Agreement. and that only interest of each is to
perform and receive benefits as recited in this Agreement.
I) Code of Ethics. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes. regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
. compensation; misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
m) No SolicitationlPayment. The ArchitectlEngineer and Owner warrant that, in
respect to itself, it has neither employed nor retained any company or person, other than a bona
fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation. indMdual, 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 ArchitectlEngineer agrees that the County shall have the right to
terminate this Agreement without liability and. at its discretion, to offset from monies owed, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration.
21
n) Public Access. The ArchitectlEngineer and OWner shall allow and permit
reasonabfe 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 ArchitectlEngineer and Owner in conjunction with this Agreement; and
the ArchitectlEngineer shall have the right to unilaterally cancel this Agreement upon violation of
this provision by Owner.
0) Non-Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28, Florida
Statutes, the participation of the ArchitectlEngineer and the Owner in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from Jaws, 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 Omits of the County shall apply to the same degree and
extent to the perfonnance 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
ArchltectJEngineer and the Owner agree that neither the ArchitectlEngineer nor the Owner or
any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have entitlements
or benefits under this Agreement separate and apart, inferior to, or superior to the community In
general or for the purposes contemplated in this Agreement
s) Attestations. ArchitectlEngineer agrees to execute such documents as the
Owner may reasonably require, to indude 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
22
constitute one and the same instrument and any of the parties hereto may execute this
Agreement by singing any such counterpart.
v) Section Headings. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a
part of this Agreement and will not be used in the interpretation of any provision of this
Agreement.
w) Prior to the execution of this agreement, the ARCHITECTIENGINEER shall
furnish the OWNER Certificates of Insurance indicating the following coverages or in excess
thereof:
Workers's Compensation in the amount of statutory limits; Employers Liabifity is $100,000 per
occurrence, $500,000 per property damage, $100,000 per person; General Liability (Premises
Operations, Products and Completed Operations, Blanket Contractual Liability, Personal Injury
LiabiNty, Expanded Definition of Property Damage) with $500,000 per Person, $1,000,000 per
Occurrence, $100,000 Property Damage or $1,000,000 Combined Single Limit; Vehicle liability
should extend a liability for owned, non-owned and hired vehicles with coverage of $50,000 per
person; $100,000 per Occurrence, $25,000 Property Damage or $100,000 Combined Single
Limit; Architects Errors & Omissions with $1,000,000 per Occurrencel$3,OOO,OOO Aggregate;
Engineers & Omissions with $1,000,000 per Occurrencel$3.000,OOO Aggregate.
23
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
~ ~M WJ.f ~llf'6 warrants that helit has not employed. retained or otherwise had act
on hislits behalf any fonner County officer or employee in violation of Section 2 of Ordinance
No. 1Q..1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-
1990, For beach or violation of this provision the County may. in its discretion. deduct from the
contract or purchase price. or otherwise recover, the full amount of any fee, commission.
percentage. gift. or consideration paid to the former County officer or employee.
~,
(Signature)
Date: &!I+lbJ
STATE OF -.1-W9>->
COUNTY OF ~)J~.
~nd sworn to (or affinned) before me on t.1/ ~ 111 tf, (dale) by
Ib,!)~ (name of affiant). H~ally ~wn to me.
~~~
P slIe NOTARY
My commission expires:
p..\lY J>fJ
.?...~\ IWl.EI:HAOI'IANi-
~ ,.. """~llSSlON NlIol8eA
:; ~ 00109277
~ ~ UY~IElCPIAEs
OF F\.O APR. 29.2006
24
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
Q -t!h
authorized representative this / / - day of -rYJ y
qC)01.=-","-..,_
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( "~}il~'13=V "':;\
, _,;iJ~t >~~GE, Clerk
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By: ~;:ffc ~t2~
Deputy Clerk
.:>- - / 9- 09"
BOARD OF COUNTY COMMISSIONERS'
OF MONROE COUNTY. FLORIDA
~:z ~~
Ma IChalrman
Date:
Date:
..r -/ 9- py'
(Seal)
Attest:
BY: )j~~
TrtJe:~~
ARC;r.CTIE~ER
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25
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EXHIBIT B
Fixed Hourly Rates
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M~~ 04 04 12:11p
Michael In~ram
3052922182
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RATES as of January 2004:
Principal. Architect I
Architect II
$150.00Jh0ur
$120.00lhour
~COIIftY
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Draftsman ,
$ 95.00Jh0ur
Draftsman II
$ 55.001hour
Administrative Services
$ 55.00lhour
I
M~ 04 12:11p
Michael Ingram
3052922162
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REIMBURSABLES:
Blue Prints " 2.50
Copies .25
Mileage . 35/miJe
license Fees cost
Mailing/Shipping cost
Parking cost
Photographic documentation cost
Printing cost
Consultant Fees cost + 10%
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