Loading...
HomeMy WebLinkAbout2011-031 7 V � AGREEMENT FOR a 0 / 1 _ O� FIRE ALARM DESIGN SERVICES THIS AGREEMENT made and entered into this fhday of February, 2011 , by and between HAI, Inc . , a Maryland Corporation d/b/a Hughes Associates , Inc . , 303 East Par Street Orlando , FL 32804 hereinafter called the Engineer and Indian River County, a political subdivision of the State of Florida, 1801 27 "' Street, Vero Beach , Florida 32960 , herein after called the County . WITNESSETH : WHEREAS , County owns and operates the Indian River County Jail ; and WHEREAS , the applicable code requires the jail to be equipped with a fire alarm system; and WHEREAS , County put out a Request for Qualifications to update , improve and replace the existing fire alarm system ; and WHEREAS , after opening the Qualifications received , County selected Engineer as the most qualified applicant; and WHEREAS , County and Engineer desire to set forth the terms of the Agreement in writing for approval by Engineer and County . NOW , THEREFORE , the County and the Engineer, in consideration of their mutual covenants , herein agree with respect to the performance of professional engineering and related services by or through the Engineer and the payment for those services by the County as set forth below . The above recitations are true and correct . The Engineer shall provide professional engineering and related services to the County for the project described in Section I — Project Limits , Scope of Work and Description of Services ; and shall give professional engineering advice and opinions to the County during the performance of the services to be rendered . SECTION I - PROJECT LIMITS, SCOPE OF WORK AND DESCRIPTION OF SERVICES Engineer ' s services are required for professional engineering services in order to design an upgrade/replacement of the fire alarm system for the Indian River County Jail . The Engineer agrees to perform professional services for preparation of design documents , bidding, construction supervision , testing phase and expenses in connection with the project as required and set forth in the following : Task 1 - Design Documents ( $ 32 , 536) • Visit project site to become familiar with the building and to evaluate the existing fire alarm system and building features and to identify any physical constraints that may affect the design or installation of a cost effective fire alarm system . • Review the original as -built drawings , as available . • Prepare background drawings of the building to a level of detail needed to design the fire alarm system . The background drawings will be in AutoCAD 201. 0 format, based on the as -built drawings provide in pdf format . 1 i AGREEMENT FOR FIRE ALARM DESIGN SERVICES j THIS AGREEMENT made and entered into this 9day of February, 2011 , by and between HAI, Inc . , a Maryland Corporation d/b/a Hughes Associates , Inc . , 303 East Par Street Orlando , FL 32804 hereinafter called j the Engineer and Indian River County, a political subdivision of the State of Florida, 1801 27 °i Street, Vero Beach; Florida 32960 , herein after called the County . j WITNESSETH : WHEREAS , County owns and operates the Indian River County Jail ; and j WHEREAS , the applicable code requires the jail to be equipped with a fire alarm system; and WHEREAS , County put out a Request for Qualifications to update , improve and replace the existing fire alarm system; and i I WHEREAS , after opening the Qualifications received, County selected Engineer as the most qualified applicant; and WHEREAS , County and Engineer desire to set forth the terms of the Agreement in writing for approval by Engineer and County . NOW, THEREFORE, the County and the Engineer, in consideration of their mutual covenants , herein agree with respect to the performance of professional engineering and related services by or through the Engineer and the payment for those services by the County as set forth below . The above recitations are true and correct . The Engineer shall provide professional engineering and related services to the County for the project described in Section I — Project Limits , Scope of Work and Description of Services ; and shall give professional engineering advice and opinions to the County during the performance of the services to be rendered . SECTION I - PROJECT LIMITS , SCOPE OF WORK AND DESCRIPTION OF SERVICES Engineer ' s services are required for professional engineering services in order to design an upgrade/replacement of the fire alarm system for the Indian River County Jail . The Engineer agrees to perform professional services for preparation of design documents , bidding, construction supervision, testing phase and expenses in connection with the project as required and set forth in the following : Task 1 - Design Documents ( $ 32 , 536) • Visit project site to become familiar with the building and to evaluate the existing fire alarm system and building features and to identify any physical constraints that may affect the design or installation of a cost effective fire alarm system . • Review the original as -built drawings , as available . • Prepare background drawings of the building to a level of detail needed to design the fire alarm system. The background drawings will be in AutoCAD 2010 format , based on the as -built drawings provide in pdf format . z I • Identify and document fire alarm and sprinkler system interfaces that will need to be connected to the new system, as follows : Electronically released door locks Magnetic door hold-open circuits Elevator recall Elevator shunt trip (if provided) Duct smoke detection HVAC fan controls Fire and/or smoke detectors Smoke control system * Emergency generator status (if applicable) Sprinkler system tamper switches Sprinkler system waterflow switches * This proposal assumes the smoke control system is operational and the fire alarm system will only duplicate the present sequence of operations and replace old interface modules/relays with new. Engineer accepts no responsibility for the functionality of the system or for any variations of the sequence of operations from those provided in the original specification, as provided to Engineer . • Identify locations for new fire alarm system panel , riser, devices , appliances and related equipment . • Prepare design drawings and specifications for the installation of the new addressable fire alarm system in accordance with NFPA 72 and the Florida Fire Prevention Code . • Prepare the following specification sections : A . Section 01731 : Cutting and Patching B . Section 13 85 1 : Automatic Fire Alarm and Emergency Voice Communication System • Participate in one design review meeting with the Fire Marshall to review the proposed design . Task 2 Bidding($ 3 , 200) • Participate in one ( 1 ) pre-bid meeting and walk-through of the facility with prospective bidders . • Respond to Requests for Information from prospective bidders during the bid phase . • Review bids and assist the County in procuring a successful contractor . Task 3 Construction Administration ($ 7 , 590) • Provide two reviews of the contractor ' s submittal package . Prepare review comments . • Respond to Requests for Information (RFI) from fire alarm system contractor during the installation phase . • Conduct one site visit to evaluate the progress of work and identify/address any issues of concern . • Provide on review of the as-built drawings , to be prepared by the Fire Alarm Contractor following completion of the fire alarm system installation . Prepare a letter report addressing any questions or concerns related to the as-built drawing review . I • Identify and document fire alarm and sprinkler system interfaces that will need to be connected to the new system, as follows : Electronically released door locks Magnetic door hold-open circuits Elevator recall Elevator shunt trip (if provided) Duct smoke detection HVAC fan controls Fire and/or smoke detectors Smoke control system * Emergency generator status (if applicable) Sprinkler system tamper switches Sprinkler system waterflow switches * This proposal assumes the smoke control system is operational and the fire alarm system will only duplicate the present sequence of operations and replace old interface modules/relays with new. Engineer accepts no responsibility for the functionality of the system or for any variations of the sequence of operations from those provided in the original specification, as provided to Engineer . • Identify locations for new fire alarm system panel , riser, devices , appliances and related equipment . • Prepare design drawings and specifications for the installation of the new addressable fire alarm system in accordance with NFPA 72 and the Florida Fire Prevention Code . • Prepare the following specification sections : A . Section 01731 : Cutting and Patching B . Section 13 85 1 : Automatic Fire Alarm and Emergency Voice Communication System • Participate in one design review meeting with the Fire Marshall to review the proposed design . Task 2 Bidding($ 3 , 200) • Participate in one ( 1 ) pre-bid meeting and walk-through of the facility with prospective bidders . • Respond to Requests for Information from prospective bidders during the bid phase . • Review bids and assist the County in procuring a successful contractor . Task 3 Construction Administration ($ 7 , 590) • Provide two reviews of the contractor ' s submittal package . Prepare review comments . • Respond to Requests for Information (RFI) from fire alarm system contractor during the installation phase . • Conduct one site visit to evaluate the progress of work and identify/address any issues of concern . • Provide on review of the as-built drawings , to be prepared by the Fire Alarm Contractor following completion of the fire alarm system installation . Prepare a letter report addressing any questions or concerns related to the as-built drawing review . } Task 4 Testing Phase (n/a) Services for testing and commissioning of the fire alarm system are not included in this agreement . These services can be provided on a time and material basis if requested . Expenses- ($ 900) Reproduction expenses will be billed at cost. A . General 1 . The Engineer will endeavor not to duplicate any previous work done on the project . After issuance of written authorization to proceed, the Engineer shall consult with the County to clarify and define the County' s requirements for the project and review available data . 2 . In order to accomplish the work described under this Agreement in the time frames and conditions set forth in this Agreement , the Engineer will observe the following requirements : a . The Engineer will complete his work on the project within the time allowed by maintaining an adequate staff of registered engineers , draftsmen , and other employees on the project . b . The Engineer will cooperate with the County in order that all work may be properly scheduled and coordinated . C . The Engineer shall report the status of this project to the County or its designee upon request and hold all drawings , calculations and related work open to the inspection of the County or its authorized agent at any time , upon reasonable request . 3 . Compensation to the Engineer for basic services shall be in accordance with the amounts as shown following each task listed above . SECTION II - COUNTY OBLIGATIONS The County agrees to provide (in a timely manner) the following material , data, or services as required in connection with the work to be performed under this Agreement ; all of which information the Engineer may use and reasonably rely upon : A . Provide the Engineer with all available drawings , and other documents in the possession of the County pertinent to the project . B . The County shall make provisions for the Engineer to enter upon public property as required for the Engineer to perform his services . SECTION III - TIME FOR COMPLETION The time for completion of the tasks shall be 120 days from receipt of the Notice to Proceed . SECTION IV - COMPENSATION Engineer, as an independent Contractor and not as an employee of the County , shall furnish, for the sum of Forty -four thousand two hundred twenty six dollars ($44 , 226) , all of the necessary labor , material , and equipment to perform the work described in accordance with the Contract Documents . } Task 4 Testing Phase (n/a) Services for testing and commissioning of the fire alarm system are not included in this agreement . These services can be provided on a time and material basis if requested . Expenses- ($ 900) Reproduction expenses will be billed at cost. A . General 1 . The Engineer will endeavor not to duplicate any previous work done on the project . After issuance of written authorization to proceed, the Engineer shall consult with the County to clarify and define the County' s requirements for the project and review available data . 2 . In order to accomplish the work described under this Agreement in the time frames and conditions set forth in this Agreement , the Engineer will observe the following requirements : a . The Engineer will complete his work on the project within the time allowed by maintaining an adequate staff of registered engineers , draftsmen , and other employees on the project . b . The Engineer will cooperate with the County in order that all work may be properly scheduled and coordinated . C . The Engineer shall report the status of this project to the County or its designee upon request and hold all drawings , calculations and related work open to the inspection of the County or its authorized agent at any time , upon reasonable request . 3 . Compensation to the Engineer for basic services shall be in accordance with the amounts as shown following each task listed above . SECTION II - COUNTY OBLIGATIONS The County agrees to provide (in a timely manner) the following material , data, or services as required in connection with the work to be performed under this Agreement ; all of which information the Engineer may use and reasonably rely upon : A . Provide the Engineer with all available drawings , and other documents in the possession of the County pertinent to the project . B . The County shall make provisions for the Engineer to enter upon public property as required for the Engineer to perform his services . SECTION III - TIME FOR COMPLETION The time for completion of the tasks shall be 120 days from receipt of the Notice to Proceed . SECTION IV - COMPENSATION Engineer, as an independent Contractor and not as an employee of the County , shall furnish, for the sum of Forty -four thousand two hundred twenty six dollars ($44 , 226) , all of the necessary labor , material , and equipment to perform the work described in accordance with the Contract Documents . SECTION V — AMENDMENTS OR ADDITIONAL WORK In the event changes or modifications, such as additions or deletions , become desired by the County, those changes shall be the subject of a separate fee schedule included in the work order approved by the Board of County Commissioners or the County Administrator . Additional services include , but are not limited to the following : • Meetings and site visits in addition to those included in the scope of work above . • Testing of smoke control system . SECTION V - PAYMENTS The County shall pay the Engineer monthly progress payments for all work included and completed in accordance with this Agreement . The Engineer shall provide a description of work completed with each pay request . Reimbursable expenses (actual cost) may be billed with each pay request . Payment shall be made pursuant to the Local Government Prompt Payment Act, Florida Statute 218 . 70 et seq . SECTION VI - RIGHT OF DECISIONS All services shall be performed by the Engineer to the satisfaction of the Facilities Manager as Representative of the County who shall decide all questions , difficulties , and disputes of whatever nature which may arise under or by reason of this Agreement and according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and value thereof, and the Facilities Manager ' s decision upon all claims questions and disputes shall be final , conclusive and binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable . Adjustments of compensation and contract time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses shall be reviewed by the Facilities Manager . In the event that the Engineer does not concur in the judgment of the Facilities Manager as to any decisions made by him , he shall present his written objections to the County Administrator, and the Facilities Manager and the Engineer shall abide by the decision of the County Administrator of Indian River County, unless the decision is clearly arbitrary or unreasonable . SECTION VII — OWNERSHIP, REUSE AND CONFIDENTIALITY OF DOCUMENTS A . Ownership All reports , tracings , plans , specifications , field books , survey information , maps , contract documents , and other data developed by the Engineer for the purpose of this Agreement shall become the property of the County and shall be made available by the Engineer at any time upon request of the County . When all work contemplated under this Agreement is complete , all of the above data shall be delivered to the Facilities Manager . B . Reuse of Documents All documents , including but not limited to drawings and specifications , prepared by the Engineer pursuant to this Agreement are related exclusively to the services described herein . They are not intended or represented to be suitable for reuse by the County or others on extensions of this project or on any other project . Any such utilization or adaptation will entitle the Engineer to further compensation at rates to be agreed upon by the County and the Engineer . The Engineer shall not be held liable for any reuse of the Documents and shall not be held liable for any modifications made to the documents by others . C . Confidentiality of Documents SECTION V — AMENDMENTS OR ADDITIONAL WORK In the event changes or modifications, such as additions or deletions , become desired by the County, those changes shall be the subject of a separate fee schedule included in the work order approved by the Board of County Commissioners or the County Administrator . Additional services include , but are not limited to the following : • Meetings and site visits in addition to those included in the scope of work above . • Testing of smoke control system . SECTION V - PAYMENTS The County shall pay the Engineer monthly progress payments for all work included and completed in accordance with this Agreement . The Engineer shall provide a description of work completed with each pay request . Reimbursable expenses (actual cost) may be billed with each pay request . Payment shall be made pursuant to the Local Government Prompt Payment Act, Florida Statute 218 . 70 et seq . SECTION VI - RIGHT OF DECISIONS All services shall be performed by the Engineer to the satisfaction of the Facilities Manager as Representative of the County who shall decide all questions , difficulties , and disputes of whatever nature which may arise under or by reason of this Agreement and according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and value thereof, and the Facilities Manager ' s decision upon all claims questions and disputes shall be final , conclusive and binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable . Adjustments of compensation and contract time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses shall be reviewed by the Facilities Manager . In the event that the Engineer does not concur in the judgment of the Facilities Manager as to any decisions made by him , he shall present his written objections to the County Administrator, and the Facilities Manager and the Engineer shall abide by the decision of the County Administrator of Indian River County, unless the decision is clearly arbitrary or unreasonable . SECTION VII — OWNERSHIP, REUSE AND CONFIDENTIALITY OF DOCUMENTS A . Ownership All reports , tracings , plans , specifications , field books , survey information , maps , contract documents , and other data developed by the Engineer for the purpose of this Agreement shall become the property of the County and shall be made available by the Engineer at any time upon request of the County . When all work contemplated under this Agreement is complete , all of the above data shall be delivered to the Facilities Manager . B . Reuse of Documents All documents , including but not limited to drawings and specifications , prepared by the Engineer pursuant to this Agreement are related exclusively to the services described herein . They are not intended or represented to be suitable for reuse by the County or others on extensions of this project or on any other project . Any such utilization or adaptation will entitle the Engineer to further compensation at rates to be agreed upon by the County and the Engineer . The Engineer shall not be held liable for any reuse of the Documents and shall not be held liable for any modifications made to the documents by others . C . Confidentiality of Documents I I Engineer may use , review or create documents that are both confidential under Florida Law or exempt from release under the Public Records law, Florida Statutes Chapter 119 . Engineer shall i abide by the applicable laws and direct any questions concerning the release of information to the Facilities Manager prior to release of the information . SECTION VIII - NOTICES Any notices , reports or other written communications from the Engineer to the County shall be considered delivered when sent by certified mail or delivered in person to the Facilities Manager . Any notices , reports or other communications from the County to the Engineer shall be considered delivered when sent by certified mail i to the Engineer at the last address left on file with the County or delivered in person to said Engineer or his authorized representative . In person deliveries shall be evident by signed receipts . SECTION IX - TERMINATION The obligation to provide further services under this Agreement may be terminated by either party upon seven (7) days ' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party . The County may, for public convenience , terminate this Agreement at any time provided seven (7) days written notice is given to the Engineer . In the event of any terminations , the Engineer will be paid for all services rendered to the date of termination , all expenses subject to reimbursement hereunder, and other reasonable expenses incurred by the Engineer as a result of such termination . SECTION X - SUBLETTING The Engineer shall not sublet, assign, or transfer any work under this Agreement without the written consent of the County . SECTION XI - INSURANCE AND INDEMNIFICATION During the performance of the work covered by this Agreement, the Engineer shall provide the County with evidence that the Engineer has obtained and maintains the insurance listed below : A . Engineer shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Engineer, his agents , representatives , employees , and in accordance with subclause H , subconsultants . The cost of such insurance shall be included in the Engineer' S fee . B . Minimum Scope of Insurance 1 . Worker's Compensation as required by the State of Florida . 2 . General Liability $ 1 , 000 , 000 combined single limit per accident for bodily injury and property damage . County shall be an additional insured . 3 . Auto Liability $ 1 , 000 , 000 combined single limit per accident for bodily injury and property damage for owned and non-owned vehicles . 4 . Professional Liability Insurance providing coverage for negligent acts , errors , or omissions committed by Engineer with a limit of $ 500 , 000 per claim/annual aggregate . This insurance shall extend coverage to loss of interest, earning , profit, use and business I I Engineer may use , review or create documents that are both confidential under Florida Law or exempt from release under the Public Records law, Florida Statutes Chapter 119 . Engineer shall i abide by the applicable laws and direct any questions concerning the release of information to the Facilities Manager prior to release of the information . SECTION VIII - NOTICES Any notices , reports or other written communications from the Engineer to the County shall be considered delivered when sent by certified mail or delivered in person to the Facilities Manager . Any notices , reports or other communications from the County to the Engineer shall be considered delivered when sent by certified mail i to the Engineer at the last address left on file with the County or delivered in person to said Engineer or his authorized representative . In person deliveries shall be evident by signed receipts . SECTION IX - TERMINATION The obligation to provide further services under this Agreement may be terminated by either party upon seven (7) days ' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party . The County may, for public convenience , terminate this Agreement at any time provided seven (7) days written notice is given to the Engineer . In the event of any terminations , the Engineer will be paid for all services rendered to the date of termination , all expenses subject to reimbursement hereunder, and other reasonable expenses incurred by the Engineer as a result of such termination . SECTION X - SUBLETTING The Engineer shall not sublet, assign, or transfer any work under this Agreement without the written consent of the County . SECTION XI - INSURANCE AND INDEMNIFICATION During the performance of the work covered by this Agreement, the Engineer shall provide the County with evidence that the Engineer has obtained and maintains the insurance listed below : A . Engineer shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Engineer, his agents , representatives , employees , and in accordance with subclause H , subconsultants . The cost of such insurance shall be included in the Engineer' S fee . B . Minimum Scope of Insurance 1 . Worker's Compensation as required by the State of Florida . 2 . General Liability $ 1 , 000 , 000 combined single limit per accident for bodily injury and property damage . County shall be an additional insured . 3 . Auto Liability $ 1 , 000 , 000 combined single limit per accident for bodily injury and property damage for owned and non-owned vehicles . 4 . Professional Liability Insurance providing coverage for negligent acts , errors , or omissions committed by Engineer with a limit of $ 500 , 000 per claim/annual aggregate . This insurance shall extend coverage to loss of interest, earning , profit, use and business i interruption, cost of replacement power, and other special , indirect and consequential damages . C . Engineer' S applicable insurance coverage shall be primary . D . All above insurance policies shall be placed with insurers with a Best' s rating of no less than AVII. The insurer chosen shall also be licensed to do business in Florida . i E . The insurance policies procured, other than professional liability, shall be occurrence forms , not claims made policies . Professional liability shall be on a claims made basis . F . The insurance companies chosen shall provide certificates of insurance prior to signing of contracts to the Indian River County Risk Manager. G . The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide 30 days ' written notice to the Indian River County Department of Risk Management of its intent to cancel or terminate said policies of insurance . i H . Engineer shall either include each subconsultants as insured under its policies or shall furnish separate certificates and endorsements for each subconsultant . All coverages for subconsultants shall be subject to all of the requirements stated herein . I . Engineer shall indemnify and hold harmless the County, and its officers and employees , from liabilities , damages , losses , and costs , including, but not limited to , reasonable attorneys ' fees, to the extent caused by the negligence , recklessness , or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the Agreement . SECTION XII - ENTIRETY OF AGREEMENT This writing embodies the entire AGREEMENT and understanding between the parties hereto , and there are no other agreements and understandings , oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby . This agreement may be modified by only written addendum to include additional work. The addendum shall include the negotiated fee for work to be included in the addendum . In addition to this agreement the following shall be considered as if attached : • RFQ 2011020 and all documents submitted with said RFQ . SECTION XIII- GENERAL The Engineer hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made ; and shall complete the same in the time limit specified herein in accordance with the REQUEST FOR QUALIFICATIONS 2011020 . The County and Engineer agree to maintain records , invoices , and payments for the work. Any clause or section of this Agreement or specification which may for any reason be declared invalid by a court of competent jurisdiction , including appeal , if any, may be eliminated therefrom; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein . i interruption, cost of replacement power, and other special , indirect and consequential damages . C . Engineer' S applicable insurance coverage shall be primary . D . All above insurance policies shall be placed with insurers with a Best' s rating of no less than AVII. The insurer chosen shall also be licensed to do business in Florida . i E . The insurance policies procured, other than professional liability, shall be occurrence forms , not claims made policies . Professional liability shall be on a claims made basis . F . The insurance companies chosen shall provide certificates of insurance prior to signing of contracts to the Indian River County Risk Manager. G . The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide 30 days ' written notice to the Indian River County Department of Risk Management of its intent to cancel or terminate said policies of insurance . i H . Engineer shall either include each subconsultants as insured under its policies or shall furnish separate certificates and endorsements for each subconsultant . All coverages for subconsultants shall be subject to all of the requirements stated herein . I . Engineer shall indemnify and hold harmless the County, and its officers and employees , from liabilities , damages , losses , and costs , including, but not limited to , reasonable attorneys ' fees, to the extent caused by the negligence , recklessness , or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the Agreement . SECTION XII - ENTIRETY OF AGREEMENT This writing embodies the entire AGREEMENT and understanding between the parties hereto , and there are no other agreements and understandings , oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby . This agreement may be modified by only written addendum to include additional work. The addendum shall include the negotiated fee for work to be included in the addendum . In addition to this agreement the following shall be considered as if attached : • RFQ 2011020 and all documents submitted with said RFQ . SECTION XIII- GENERAL The Engineer hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made ; and shall complete the same in the time limit specified herein in accordance with the REQUEST FOR QUALIFICATIONS 2011020 . The County and Engineer agree to maintain records , invoices , and payments for the work. Any clause or section of this Agreement or specification which may for any reason be declared invalid by a court of competent jurisdiction , including appeal , if any, may be eliminated therefrom; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein . SECTION XIV - ACCEPTANCE AND FINAL PAYMENT When the work provided for under this Agreement has been completed, in accordance with the terms thereof, the final payment request shall be accompanied by a Certificate of Acceptance issued by the Facilities Manager, stating that the work has been completed to his satisfaction, in compliance with the Agreement . In accordance with the Florida Prompt Payment Act, after receipt of the Facilities Manager final acceptance by the County , the County shall make payment to the Engineer in the full amount . PAYMENT of the lump sum ; amount and acceptance of such payment by the Engineer shall release the County from all claims or liabilities to the Engineer in connection with this Contract . SECTION XV — VENUE This agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida , or in the event of federal jurisdiction , in the United States District Court for the Southern District of Florida . IN WITNESS WHEREOF the parties hereto have executed these presents this • '54 day of ,xre b 2011 . HAI, INC . BOARD OF COUNTY COMMISSIONERS d/b/a HUGHES ASSOCIATES , INC . INDIAN RIVER COUNTY, FLORIDA Printed Name : r c Bob Solari , Chairman �.�•.� Cp .'^ :°;?/p Its : b i re c_ z� r` •...oJ�'t., . ••.,9� WITNESSED BY : Approved on : t i Attest : 9NER•COU o •' Printed Name : Jeffrey K . Barto lerk of Circuit Co By Approved as to Form and Legal Sufficiency Deputy Clerk VLO William K . DeBraal Deputy County Attorney Approve 4A A Q Joseph ird, County Administrator SECTION XIV - ACCEPTANCE AND FINAL PAYMENT When the work provided for under this Agreement has been completed, in accordance with the terms thereof, the final payment request shall be accompanied by a Certificate of Acceptance issued by the Facilities Manager, stating that the work has been completed to his satisfaction, in compliance with the Agreement . In accordance with the Florida Prompt Payment Act, after receipt of the Facilities Manager final acceptance by the County , the County shall make payment to the Engineer in the full amount . PAYMENT of the lump sum ; amount and acceptance of such payment by the Engineer shall release the County from all claims or liabilities to the Engineer in connection with this Contract . SECTION XV — VENUE This agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida , or in the event of federal jurisdiction , in the United States District Court for the Southern District of Florida . IN WITNESS WHEREOF the parties hereto have executed these presents this • '54 day of ,xre b 2011 . HAI, INC . BOARD OF COUNTY COMMISSIONERS d/b/a HUGHES ASSOCIATES , INC . INDIAN RIVER COUNTY, FLORIDA Printed Name : r c Bob Solari , Chairman �.�•.� Cp .'^ :°;?/p Its : b i re c_ z� r` •...oJ�'t., . ••.,9� WITNESSED BY : Approved on : t i Attest : 9NER•COU o •' Printed Name : Jeffrey K . Barto lerk of Circuit Co By Approved as to Form and Legal Sufficiency Deputy Clerk VLO William K . DeBraal Deputy County Attorney Approve 4A A Q Joseph ird, County Administrator 7 V � AGREEMENT FOR a 0 / 1 _ O� FIRE ALARM DESIGN SERVICES THIS AGREEMENT made and entered into this fhday of February, 2011 , by and between HAI, Inc . , a Maryland Corporation d/b/a Hughes Associates , Inc . , 303 East Par Street Orlando , FL 32804 hereinafter called the Engineer and Indian River County, a political subdivision of the State of Florida, 1801 27 "' Street, Vero Beach , Florida 32960 , herein after called the County . WITNESSETH : WHEREAS , County owns and operates the Indian River County Jail ; and WHEREAS , the applicable code requires the jail to be equipped with a fire alarm system; and WHEREAS , County put out a Request for Qualifications to update , improve and replace the existing fire alarm system ; and WHEREAS , after opening the Qualifications received , County selected Engineer as the most qualified applicant; and WHEREAS , County and Engineer desire to set forth the terms of the Agreement in writing for approval by Engineer and County . NOW , THEREFORE , the County and the Engineer, in consideration of their mutual covenants , herein agree with respect to the performance of professional engineering and related services by or through the Engineer and the payment for those services by the County as set forth below . The above recitations are true and correct . The Engineer shall provide professional engineering and related services to the County for the project described in Section I — Project Limits , Scope of Work and Description of Services ; and shall give professional engineering advice and opinions to the County during the performance of the services to be rendered . SECTION I - PROJECT LIMITS, SCOPE OF WORK AND DESCRIPTION OF SERVICES Engineer ' s services are required for professional engineering services in order to design an upgrade/replacement of the fire alarm system for the Indian River County Jail . The Engineer agrees to perform professional services for preparation of design documents , bidding, construction supervision , testing phase and expenses in connection with the project as required and set forth in the following : Task 1 - Design Documents ( $ 32 , 536) • Visit project site to become familiar with the building and to evaluate the existing fire alarm system and building features and to identify any physical constraints that may affect the design or installation of a cost effective fire alarm system . • Review the original as -built drawings , as available . • Prepare background drawings of the building to a level of detail needed to design the fire alarm system . The background drawings will be in AutoCAD 201. 0 format, based on the as -built drawings provide in pdf format .