HomeMy WebLinkAbout2024-150AGREEMENT FOR PROFESSIONAL SERVICES for
Phase II Design Services for Emergency Operations Center Warehouse Addition (RFQ
2022o62)
THIS AGREEMENT for PROFESSIONAL SERVICES ("Agreement"), entered into
as of this 2nd day of July, 2024, by and between Indian River County, a political subdivision of
the State of Florida ("County"), and Donadio and Associates Architects, PA, A Spiezle Group
Inc. Company ("Consultant"):
BACKGROUND RECITALS:
A. In accordance with the Consultants' Competitive Negotiations Act, Section
287.055, Florida Statutes, the County solicited, evaluated and developed ranking of firms to
provide Design Services for Emergency Operations Center ("EOC") Warehouse Addition
("Project"), based on statement of qualifications received in response to Request for
Qualifications 2022062.
B. As a result of its response, the County has selected Consultant to provide
professional services relating to EOC Warehouse Addition Design, Bidding, and Construction
Phase Services ("Services") as more fully set forth in the Architectural Professional Services
Proposal, attached as "Exhibit A" to this Agreement, and made a part hereof by reference.
C. Consultant has completed Design Master Planning Phase Services for the project,
has developed a floor plan attached as "Exhibit B" to this Agreement, and is willing and able to
perform the Services detailed in Exhibit A for the County on the terms and conditions set forth
below; and
D. The County and the Consultant wish to enter into this Agreement for the
Consultant's Services for the Project.
NOW THEREFORE, in recognition and consideration of the above Recitals, which are
not merely prefatory, but are incorporated by reference as though fully set forth herein and
form part of the consideration, terms and conditions of this Agreement, and in accordance with
the mutual covenants herein contained and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties agree as follows:
GENERAL.
1.1 The Background Recitals are true and correct and form a material part of this
Agreement.
1.2 All professional services provided by the Consultant for the County shall be as
identified in Exhibit A. The parties agree that the not to exceed services rates in Exhibit A are
the basis to be used for billing purposes, and that Consultant's compensation is the total lump
sum as set forth in paragraph 5.1. Consultant's services will be performed in a timely, efficient,
cost effective manner. In the performance of professional services, the Consultant will use that
degree of care and skill ordinarily exercised by other similar professionals in the field under
similar conditions in similar localities ("standard of care"). The Consultant will use due care in
performing its services and will have due regard for acceptable architectural design standards
and principles. Consultant's standard of care shall not be altered by the application,
interpretation, or construction of any other provision of this Agreement.
1.3 Additional services which would increase, decrease or which are otherwise
outside the scope of Services or level of effort contemplated by the Exhibits shall be Services
for which the Consultant must obtain the prior written approval of the County as provided by
this Agreement. All terms for the performance of such Services must be agreed upon in a
written document prior to any deviation from the terms of the Agreement, and when properly
authorized and executed by both the Consultant and the County shall become an amendment
to the Agreement.
2. COUNTY OBLIGATIONS.
2.1 The County will provide the Consultant with a copy of any preliminary data or
reports available as required in connection with the services to be performed under this
Agreement, together with all available drawings, surveys, right-of-way maps, and other
documents in the possession of the County pertinent to the Project and as otherwise provided
in Exhibit A. The Consultant is responsible for bringing to the County's attention, for the
County's resolution, material inconsistencies or errors in such data that are made known to the
Consultant, but Consultant is not responsible for discovering errors, omissions, or
inconsistencies in the drawings or data provided.
2.2 The County shall arrange for access to, and make provisions for the Consultant to
enter upon, public and private property (where required) as necessary for the Consultant to
perform its Services, upon the timely written request of Consultant to County.
2.3 The County shall promptly execute all permit applications necessary to the
Project.
2.4 The County shall examine any and all reports, sketches, proposals and other
documents presented by the Consultant, and render, in writing, decisions pertaining thereto
within a reasonable time.
2.5 Approval by the County of any of the Consultant's services, including but not
limited to written reports, or any work products of any nature whatsoever furnished hereunder,
shall not in any way relieve the Consultant of responsibility for the technical accuracy and
adequacy of the Services unless the approval expressly relieves Consultant of such
responsibility. Neither the County's review, approval or acceptance of, or payment for, any of
the Services furnished under this Agreement shall be construed to operate as a waiver of any
rights under this Agreement or of any cause of action arising out of the performance of this
Agreement. The Consultant shall be and remain liable in accordance with all applicable laws
for all damages to the County to the extent caused by the negligent performance by the
Consultant of any of the Services furnished under this Agreement.
2.6 The County reserves the right to appoint one or more County Project Managers
for the specific Services in connection with this Agreement. The Project Manager shall: (a) act
as the County's agent with respect to the Services rendered hereunder; (b) transmit instructions
to and receive information from the Consultant; (c) communicate the County's policies and
decisions to the Consultant regarding the Services; and (d) determine, initially, whether the
Consultant is fulfilling its duties, responsibilities, and obligations hereunder.
2.7 The County shall give prompt written notice to the Consultant whenever the
County observes or otherwise becomes aware of any development that affects the timing or
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delivery of the Consultant's Services. If the Consultant has been delayed in completing its
Services through no fault or negligence of either the Consultant or any sub- consultant, and, as
a result, will be unable to perform fully and satisfactorily under the provisions of this
Agreement, then the Consultant shall promptly notify the Project Manager. In the County's sole
discretion, and upon the submission to the County of evidence of the causes of the delay, this
Agreement shall be modified in writing, subject to the County's rights to change, terminate, or
stop any or all of the Services at any time in accordance with this Agreement.
2.8 The Consultant shall not be considered in default for a failure to perform if such
failure arises out of causes reasonably beyond the Consultant's control and through no fault or
negligence of the Consultant. The parties acknowledge that adverse weather conditions, acts of
God, or other unforeseen circumstances of a similar nature such as epidemic or pandemic, may
necessitate modifications to this Agreement. If such conditions and circumstances do in fact
occur, then the County and Consultant shall mutually agree, in writing, to the modifications to
be made to this Agreement.
3. RESPONSIBILITIES OF THE CONSULTANT.
3.1 The Consultant agrees to perform all necessary Services as outlined in Exhibit A,
in connection with the assigned Project(s) as set forth in this Agreement.
3.2 The Consultant agrees to complete the Project in a timely manner and within a
mutually agreed upon schedule, as may be modified from time to time.
3.3 The Consultant will maintain an adequate staff of qualified personnel and assign
them to work on the project as necessary to complete the agreed upon scope of services.
3.4 The Consultant will comply with all present and future federal, state, and local
laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed
under this Agreement.
3.5 The Consultant, as a part of the consideration hereof, does hereby covenant and
agree that: (1) in connection with the furnishing of Services to the County hereunder, no person
shall be excluded from participation in, denied the benefits of, or otherwise subjected to
discrimination in regard to the services to be performed by Consultant under this Agreement
on the grounds of such person's race, color, creed, national origin, religion, physical disability,
age or sex; and (2) the Consultant shall comply with all existing requirements concerning
discrimination imposed by any and all applicable local, state, and federal rules, regulations, or
guidelines, as such rules, regulations, or guidelines may be from time to time amended.
3.6 The Consultant shall, during the entire term of this Agreement, procure and keep
in full force, effect, and good standing any and all necessary licenses, registrations, certificates,
permits, and any and all other authorizations as are required by local, state, or federal law, in
order for the Consultant to render its Services as described in this Agreement. The Consultant
shall also require all subconsultants to comply by contract with the provisions of this section.
3.7 The Consultant will cooperate fully with the County in order that all phases of the
services may be properly scheduled and coordinated.
3.8 The Consultant will cooperate and coordinate with other County consultants, as
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directed by the County.
3.9 The Consultant shall report the status of the Services under this Agreement to the
County Project Manager upon request and hold all related work open to the review of the
County Project Manager or his authorized agent at any time, upon reasonable request.
3.10 All documents, reports, field books, survey notes and information, and other data
developed by the Consultant for the purpose of this Agreement, shall become the property of
the County upon payment for the Services. The foregoing items will be created, maintained,
updated, and provided in the format specified by the County. When all Services contemplated
under this Agreement is complete and payment in full is made, all of the above data shall be
delivered to the County Project Manager.
3.11 The Consultant will confer with the County during the project(s) for which the
Consultant has provided Services, and the Consultant will make corrections to the Consultant's
Work Product due to the fault of Consultant, based on the Scope of Services Defined in Exhibit
A, at no additional cost to the County, within thirty (30) calendar days of notice by the County,
or upon a determination of the Consultant that corrections are needed, whichever event shall
first occur.
3.12 The Consultant agrees to maintain complete and accurate books and records
("Books"), in accordance with sound accounting principles and standards for all Services, costs,
and expenditures under this Agreement. The Books shall identify the Services rendered during
each month of the Agreement and the date and type of each Project -related expense. The
County shall have the right, at any reasonable time and through any of its designated agents or
representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any
invoice. The Consultant shall retain the Books, and make them available to the County as
specified above, until the later of three (3) years after the date of termination of this Agreement,
or such longer time if required by any federal, state, or other governmental law, regulation, or
grant requirement.
3.13 The Consultant shall not assign or transfer any work under this Agreement
without the prior written consent of the County. However, the Consultant is permitted to retain
subconsultants to perform work under this Agreement. When applicable and upon receipt of
such consent from the County, the Consultant shall cause the names of the professional
subconsultant firms responsible for the major portions of each separate specialty of the work
to be inserted on the reports or other data.
3.14 All documents, prepared by the Consultant pursuant to this Agreement are
related exclusively to the Services described herein and are not intended or represented to be
suitable for reuse by the County or others on any other project. Reuse of any documents
prepared by the Consultant is prohibited and shall be at the County's own risk. The Consultant
shall not be held liable for any modifications made to the documents by others.
3.15 Consultant is registered with and will use the Department of Homeland Security's
E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired
employees for the duration of this agreement, as required by Section 448.095, F.S. Consultant
is also responsible for obtaining proof of E -Verify registration and utilization for all
subconsultants.
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4. TERM: TIME FOR COMPLETION.
4.1 The time for completion of the Services shall be defined in Exhibit A.
5. COMPENSATION.
5.1 The County shall pay to the Consultant a mutually agreed professional fee
identified in Exhibit A, plus authorized reimbursables, to be paid in monthly installments or
on a deliverable basis, all as set forth in Exhibit A. Invoices shall be submitted to the County
Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon
submittal of a proper invoice the County Project Manager will determine if the tasks or
portions thereof have been satisfactorily completed. Upon a determination of satisfactory
completion, the County Project Manager will authorize payment to be made. All payments for
services shall be made to the Consultant by the County in accordance with the Florida
Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida
Statutes, et seq.).
5.1.1 The Consultant acknowledges and agrees that it will not be reimbursed for travel
within the State of Florida.
5.1.2 The County shall make direct payment of all permit fees paid to regulatory
agencies for approvals directly attributable to the Services under the Project. These permit fees
do not include those permits required for any construction contractor.
5.2 The County may at any time notify the Consultant of requested changes to the
Services, and thereupon the County and the Consultant shall execute a mutually agreeable
amendment to this Agreement.
5.3 The County shall have the sole right to reduce or eliminate, in whole or in part,
any portion of the Services under Exhibit A at any time and for any reason, upon written notice
to the Consultant specifying the nature and extent of the reduction. In such event, the
Consultant shall be paid for the Services already performed and also for the Services remaining
to be done and not reduced or eliminated, upon submission of invoices as set forth in this
Agreement.
5.4 The County may, at any time and for any reason, direct the Consultant to suspend
Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall
specify the period during which Services shall be stopped. The Consultant shall resume its
Services upon the date specified, or upon such other date as the County may thereafter specify
in writing. Where the County has suspended the services under this Agreement for a period in
excess of six (6) months, the compensation of Consultant for such suspended Services may be
subject to modification. The period during which the Services are stopped by the County shall
be added to the time of performance of this Agreement.
6. ADDITIONAL WORK.
6.1 If services in addition to the Services provided hereunder are required or desired
by the County in connection with the Project, the County may, at the sole option of the County:
separately obtain same outside of this Agreement; or request the Consultant to provide, either
directly by the Consultant or by a subconsultant, such additional services by a written
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amendment to this Agreement.
7. INSURANCE AND INDEMNIFICATION.
7.1 The Consultant shall not commence work under this Agreement until it has
obtained all insurance required under this Agreement and such insurance has been approved
by the County's Risk Manager.
7.2 Consultant's insurance coverage shall be primary.
7.3 All required insurance policies shall be placed with insurers licensed to do
business in Florida and with a Best's rating of A VII or better.
7.4 The insurance policies procured shall be occurrence forms, not claims made
policies with the exception of professional liability.
7.5 A certificate of insurance shall be provided to the County's Risk Manager for
review and approval, ten (io) days prior to commencement of any work under this Agreement.
The County shall be named as an additional insured on commercial general liability policy.
7.6 The insurance companies selected shall send written verification to the County
Risk Manager that they will provide 3o days prior written notice to the County Risk Manager
of its intent to cancel or modify any required policies of insurance.
7.7 Consultant shall furnish separate certificates and endorsements for each
subconsultant. All coverages for subconsultants shall be subject to all of the requirements
stated herein.
7.8 Consultant agrees that it now carries and will continue to carry during the
performance of this Agreement, at its own expense, the applicable insurance policies indicated
below, with limits not less than those specified. Any insurance on a "claims made" basis shall
be maintained for at least 3 years after completion of the Services.
A. Worker's Compensation — Statutory
B. Employer's Liability - $i,000,000 per occurrence
C. Commercial General and Contractual Liability — $i,000,000 per occurrence
D. Automobile Liability - $i,000,000 per occurrence
E. Umbrella Liability - $2,000,000 aggregate (in excess of B., C. and D. above)
F. Professional Liability - $i,000,000 per claim/ aggregate.
7.9 The Consultant 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 (where recoverable under law), to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons
employed or utilized by the Consultant in the performance of this Agreement.
8.1 This Agreement may be terminated: (a) by the County, for any reason, upon thirty
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(3o) days' prior written notice to the Consultant; or (b) by the Consultant, for any reason, upon
thirty (3o) days' prior written notice to the County; or (c) by the mutual Agreement of the
parties; or (d) as may otherwise be provided below. In the event of the termination of this
Agreement, any liability of one party to the other arising out of any Services rendered, or for
any act or event occurring prior to the termination, shall not be terminated or released.
8.2 In the event of termination by the County, the County shall be obligated to pay
the Consultant for those portions of completed work previously authorized under this
Agreement. Such payment shall be determined on the basis of the percentage of work
performed by the Consultant, up to the time of termination. In the event of such termination,
the County may, without penalty or other obligation to the Consultant, elect to employ other
persons to perform the same or similar services.
8.3 In addition to the termination rights set forth in 8.1, the obligation to provide
services under this Agreement may be terminated by either party upon seven (7) days prior
written notice in the event of substantial failure by the other party to perform in accordance
with the terms of this Agreement through no fault of the terminating party.
8.4 In the event that the Consultant merges with another company, becomes a
subsidiary of, or makes any other substantial change in structure, the County reserves the right
to terminate this Agreement in accordance with its terms.
8.5 In the event of termination of this Agreement, the Consultant agrees to surrender
any and all documents prepared by the Consultant for the County in connection with this
Agreement.
8.6 The County may terminate this Agreement for refusal by the Consultant to allow
public access to all documents, papers, letters, or other material subject to the provisions of
Chapter 119 Florida Statutes and made or received by the Consultant in conjunction with this
Agreement.
8.7 The County may terminate this Agreement in whole or in part if the Consultant
submits an intended false invoice to the County.
8.8 TERMINATION IN REGARDS TO F.S. 287.135: Consultant certifies that it and
those related entities of Consultant as defined by Florida law are not on the Scrutinized
Companies that Boycott Israel List, created pursuant to S. 215.4725 of the Florida Statutes, and
are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of
one million dollars or more, Consultant certifies that it and those related entities of Consultant
as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or
the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created
pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations
in Cuba or Syria.
8.8.1 County may terminate this Contract if Consultant is found to have submitted a
false certification as provided under section 287.135(5), Florida Statutes, been placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in
Cuba or Syria, as defined by section 287.135, Florida Statutes.
8.8.2 County may terminate this Contract if Consultant, including all wholly owned
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subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of
making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel
List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes.
9. TRUTH -IN -NEGOTIATION CERTIFICATE: CONTINGENCY FEES.
9.1 Execution of this Agreement by the Consultant shall act as the execution of a
truth -in -negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement are accurate, complete and current as of the date
of the Agreement. The original contract price and any additions thereto will be adjusted to
exclude any significant sums by which the County determines the contract price was increased
due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such
contract adjustments must be made within 1 year following the end of the contract. County has
the authority and right to audit Consultant's records under this provision. The County does not
hereby waive any other right it may have pursuant to Section 287.055, Florida Statutes, as it
may be from time- to -time amended.
9.2 Pursuant to the Consultants' Competitive Negotiations Act, F. S. section 287.055,
the Consultant warrants that it has not employed or retained any company or person other than
a bona fide employee working solely for the Consultant to solicit or secure this Agreement and
that it has not paid or agreed to pay any company or person other than a bona fide employee
working solely for the Consultant any fee, commission, percentage fee, gifts or any other
considerations, contingent upon or resulting from the award or making of this contract. For
breach of violation of this provision, the County shall have the right to terminate this
Agreement without liability and, at its discretion, to deduct from the contract price, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration.
10.1 Independent Contractor. It is specifically understood and acknowledged by the
parties hereto that the Consultant or employees or subconsultants of the Consultant are in no
way to be considered employees of the County, but are independent contractors performing
solely under the terms of the Agreement and not otherwise.
10.2 Merger; Modification. This Agreement incorporates and includes all prior and
contemporaneous negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein and the parties agree that there are
no commitments, agreements, or understandings of any nature whatsoever concerning the
subject matter of the Agreement that are not contained in this document. Accordingly, it is
agreed that no deviation from the terms hereof shall be predicated upon any prior or
contemporaneous representations or agreements, whether oral or written. No alteration,
change, or modification of the terms of this Agreement shall be valid unless made in writing
and signed by the Consultant and the County.
10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall
be construed according to 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.
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10.4 Remedies: No Waiver. All remedies provided in this Agreement shall be deemed
cumulative and additional, and not in lieu or exclusive of each other or of any other remedy
available to either party, at law or in equity. Each right, power and remedy of the parties
provided for in this Agreement shall be cumulative and concurrent and shall be in addition to
every other right, power or remedy provided for in this Agreement or now or hereafter existing
at law or in equity or by statute or otherwise. The failure of either party to insist upon
compliance by the other party with any obligation, or exercise any remedy, does not waive the
right to so in the event of a continuing or subsequent delinquency or default. A parry's waver of
one or more defaults does not constitute a waiver of any other delinquency or default. If any
legal action or other proceeding is brought for the enforcement of this Agreement or because
of an alleged dispute, breach, default or misrepresentation in connection with any provisions
of this Agreement, each parry shall bear its own costs.
10.5 Severability. If any term or provision of this Agreement or the application thereof
to any person or circumstance shall, to any extent, be held invalid or unenforceable for the
remainder of this Agreement, then the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable shall not be
affected, and every other term and provision of this Agreement shall be deemed valid and
enforceable to the extent permitted by law.
1o.6 Availability of Funds. The obligations of the County under this Agreement are
subject to the availability of funds lawfully appropriated for its purpose by the Board of County
Commissioners of Indian River County.
10.7 No Pledge of Credit. The Consultant shall not pledge the County's credit or make
it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any
form of indebtedness.
1o.8 Public Records. County is a public agency subject to Chapter 119, Florida Statutes.
The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant
shall:
1o.8.1 Keep and maintain public records required by the County to perform the
service.
1o.8.2 Upon request from the County's Custodian of Public Records, provide the
County with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as
otherwise provided by law.
1o.8.3 Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the Consultant
does not transfer the records to the County.
1o.8.4 Upon completion of the contract, transfer, at no cost, to the County all
public records in possession of the Consultant or keep and maintain public records required by
the County to perform the service. If the Consultant transfers all public records to the County
upon completion of the contract, the Consultant shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. If the
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Consultant keeps and maintains public records upon completion of the contract, the Consultant
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the County, upon request from the Custodian of Public
Records, in a format that is compatible with the information technology systems of the County.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
(772) 226-1424
publicrecords(&indianriver.g
Indian River County Office of the County Attorney
180127th Street
Vero Beach, FL 3296o
10.9 Notices: Any notice, request, demand, consent, approval, or other
communication required or permitted by this Agreement shall be given or made in writing and
shall be served, as elected by the party giving such notice, by any of the following methods: (a)
Hand delivery to the other parry; (b) Delivery by commercial overnight courier service; or (c)
Mailed by registered or certified mail (postage prepaid), return receipt requested at the
addresses of the parties shown below:
Coun : David Johnson, Emergency Services Director
422543 rd Ave
Vero Beach, FL 32967
dj ohnson (& indianriver. gov
Consultant: Anthony J. Donadio
20019th Avenue, Suite 3o8
Vero Beach, FL 3296o
adonadio (& spiezle. com
Notices shall be effective when received at the address as specified above. Email
transmission is acceptable notice effective when received, provided, however, that email
transmissions received after 5:00 p.m. or on weekends or holidays, will be deemed received on
the next day that is not a weekend day or a holiday. The original of the notice must additionally
be mailed. Either party may change its address, for the purposes of this section, by written
notice to the other party given in accordance with the provisions of this section.
1o.10 Survival. Except as otherwise expressly provided herein, each obligation in this
Agreement to be performed by Consultant shall survive the termination or expiration of this
Agreement.
1o.11 Construction. The headings of the sections of this Agreement are for the purpose
of convenience only, and shall not be deemed to expand, limit, or modify the provisions
contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to
the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may
require. The parties hereby acknowledge and agree that each was properly represented by
counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule
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of construction to the effect that a legal document shall be construed against the draftsperson
shall be inapplicable to this Agreement
10.12 Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed to be an original copy and all of which shall constitute but one
and the same instrument.
10.13 PURSUANT TO F.S. 558.0035, AN INDIVIDUAL EMPLOYEE OR
AGENT OF THE ARCHITECT MAY NOT BE HELD INDIVIDUALLY LIABLE
FOR NEGLIGENCE.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first
written above.
Donadio and As ci es Architects, PA, A
Spiezle Grou n any
adio, AIA, NCARB
Principal -in -Charge
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Indian River County Board of County
Commissioners Ssio+rrFR
By : o':
S san ams, C airman 1
John A. Titkanich, Jr., County ..•o�a'f i!
Administrator
App/roved to form and le 1 su iency:
William K. DeBraal, County Attorney
Ryan L. Butler, Clerk of the Court and
Comptroller
Attest
Deputy Clerk
(seal)
EXHIBIT "A"
ARCHITECTURAL PROFESSIONAL SERVICES PROPOSAL
FOR THE IRC EOC WAREHOUSE ADDITION
Architectural/Engineering Professional Services shall be provided to support the design efforts to
provide a new, +/- 8,350sf Single -Story Pre -Engineered Metal Buildings Addition to the existing On -
Site Warehouse located on theIndian River County Emergency Operations Campus at 4225 43rd
Avenue in Vero Beach, FL. Our Professional Services efforts would encompass the design and
development of drawings and specifications, procurement, permitting, and construction
administration.
Proposed Scope of Professional Services:
Architectural/Engineering Professional Services shall consist of Architectural and Limited Interiors
Services, along with Structural Engineering; Mechanical, Electrical, Plumbing and Fire Protection
Engineering; including routing and boxes for AV/IT and Cost Estimating Services for Schematic
Design update, l00% Design Documents, 50% Construction Documents, & 9o% Construction
Documents.
The project is a new a new Single -Story Pre -Engineered Metal Buildings Addition and will include the
following:
• Warehouse Addition of +/- 8,350sf.
• Breezeway Addition of +/- 5,000sf between the existing Warehouse and the Proposed
Warehouse Addition.
• A Private Office Space.
• Open Office Area for +/- 10 Workstaions
Mens and Womens Restroom with Showers.
• An Interior Secure Medical Storage Room.
• Secured Unconditioned Storage Space in the remaining portion of the Warehouse Addition.
Preliminary Project Budget:
As previously provided and approved by the County, the estimated construction budget per Blue Cord
Professional Services, dated 09/01/2023 is approximately $2.0 million, excluding Site work. We
recommend that county hold an additional 1o% for Furniture, Fixtures and Equipment. This budget
does not include environmental impacts as we recommend contracting with your environmental
consultant to confirm any potential environmental impacts.
Preliminary Project Schedule:
The goal of the project is to have construction commence on or about May of 2025, with a target
completion date on or about January of 2026. However, the actual timing to commence construction
and field improvements is contingent upon the weather conditions at the time of project award and
mobilization. Considering this, we have outlined the following preliminary project schedule. Please
note that this schedule is based on the information available to us at present and is subject to
adjustments during site plan approval, design, bidding, permitting, and construction phases.
• Award of Contract to Professional:
• Site Approval
• Schematic Design/Planning
• Design Development
• Construction Documents/Site Permitting
• Procurement/Permitting/Award:
• Construction
August 2024
December 2024
October 2024
December 2024
February 2025
March/April 2025
May 2025 to January 2026
Please be advised that while we have endeavored to develop a realistic schedule, various factors
outside of our control may impact on its timeline. These factors include, but are not limited to, market
uncertainties, timely responses from the Owner, access to the project sites, and any directives or
delays imposed by regulatory authorities. In the event that any of the foregoing results in schedule
disruptions, adjustments to the timeline shall be necessary.
Proposed Professional Services:
The proposed professional services are structured into multiple services as discussed and outlined
below:
Design, Documentation, and Bidding Support:
• Finalize project requirements, schedule, and process.
• Detailed survey of the existing affected areas to establish existing conditions, dimensions,
and characteristics for the project.
• Develop full schematic and design development documents for review.
• Develop construction documents and specifications.
• Conduct our in-house `Fresh -Eye' quality control review of bid package.
• Submit to and support the permit review and approval process.
• Attend Pre -Bid meeting, respond to request for information (RFI) during bidding and issue
addenda as necessary.
• Review estimates of probable construction cost at major milestones.
Construction Administration and Close Out:
• Represent Owner's interests through construction process, monitoring construction for
conformance with designs, specifications, and construction requirements.
• Attend a preconstruction meeting and job meetings once every two weeks during construction.
• Maintain records of correspondence, submittals, minutes, etc. on behalf of the Owner during
construction
• Review construction schedule.
• Review and process payment applications and shop drawings, issue Architect's Supplemental
Instructions (ASI), and respond to RFI's.
• Process closeout documents.
• Develop detailed punch lists and Substantial Completion
• Final Punchlist and follow-thru on completion of the project.
Exclusions:
Proposed fees or example fee ranges assume the provision of architectural, structural, mechanical,
electrical, and plumbing engineering services. Other professional services can be contracted through
Spiezle, including specialized engineering or assessment services if needed, however; these are not
included in the above fee ranges. Exclusions and assumptions include:
■ Environmental Assessment, Environmental Surveys, As -Built Surveys.
• Enhanced Existing Condition Investigation Services.
• Third party testing (While excluded we would assist the owner in securing a third -party testing
agent).
■ Civil Engineering Design and Drawings.
■ Off Site Roadway Improvements.
■ NPDES General Permit Requirements.
■ Traffic Analyses.
■ Full Time On -Site Representation.
■ Re -Zoning, Zoning and/or Land Development meetings.
■ Site Plan Application Fees, Permit Application Fees, Building Permit Fees, and any other
Application Fees for Agency approvals are not part of the Basic Services.
2
■ Landscape And Irrigation Design
■ Emergency Generator Design.
■ Construction Scheduling.
■ Record Drawings.
■ Furniture and Furnishings Selections, Specifications, and Procurement.
■ Infrastructure Commissioning.
■ Architectural Renderings.
Qualifications and Assumptions
■ The extent of Spiezle Architectural Group, Inc.'s services shall not extend beyond the limits in
the scope of work identified above.
■ There are no hazardous materials or containers located on site.
■ Value engineering, redesign and changes subsequent to Owner approval of documents is not
included.
■ Material testing of any kind including hazardous material testing, study and abatement are
not included.
■ Preparation of photo -realistic 3-D renderings and/or models are not included in this proposal.
■ Analysis and/or survey of adjacent sites beyond those included above are not included.
■ All meetings with review agencies having jurisdiction over the project are an additional service
and will be billed on a time and material basis.
PROPOSED LUMP -SUM PROFESSIONAL FEE
Spiezle Architectural Group, Inc. is pleased to offer the following Lump Sum Fees for our base
professional services as itemized below:
PHASE
SPIEZLE
MEP
CONSULTANT
STRUCTURAL
CONSULTANT
TOTAL
COST
CONSULTANT
Schematic Design
$18,175
$ 5,553
$3,000
$26,728
$2,875
Design Development
$18,175
$ 5,553
$3,000
$26.728
$2,875
Construction
Documents
$31,803
$ 9,721
$5,250
$46774
$5,750
Bidding & Permitting
$ 4,545
$ 1,385
$ 750
$6,680
$0.00
Construction
Administration
$18,175
$5,553
$3,000
$26,728
$0.00
TOTAL
$90,873
$27765
$15,000
$133,638
$11,500
Reimbursable Expenses:
Reimbursable expenses are in addition to compensation for the Architect and Engineering services
and include expenses incurred by the Spiezle Architectural Group, Inc. and their consultants directly
related to the project and will be billed at cost plus a lo% mark up.
This cost shall include but are limited to:
■ Fees paid for securing approval of authorities having jurisdiction over the Project.
■ Reproductions, plots, standard form documents, postage, handling, and delivery of
instruments of Service.
■ Renderings, models, and mock-ups requested by the Owner.
We recommend including a maximum not to exceed allowance of $2,500 for reimbursable
expenses, including additional printing of documents, shipping, and other allowable reimbursable
expenses as per the Agreement.
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