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Home My WebLink About2000-355AGREEMENT between Indian River County and John It. Dean Architect and. Associates, P.A., A.I.A. THIS AGREEMENT made and entered into this 140, day of November, 2000, by and between John 11 Dean Architect and Associates, P.A., A.I.A. located in Vero Beach, Florida, herein after called the ARCHITECT and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, herein called the COUNTY. WITNESSETH: WHEREAS, the City of Fellsmere short listed and ranked four architectural firms pursuant to Section 287.055, Florida Statutes on September 9, 1999, to .prepare the plans and scope of renovating and restoring the Fellsmere School; and WHEREAS, the firm of John 1-1. bean, R.A., A.I.A., was selected as the number one firm with which to negotiate an agreement for the desired professional architectural services; and WHEREAS, tire Board of County Commissioners of Indian River County, Florida, and the C"rty+Council of City of Fellsmere, Florida, on October 17, 2000, entered into an Interlocal Agree- ment for the purpose of improvement, restoration, rehabilitation, adaptive use, and lease of the historic Fellsmere School located at 22 South Orange Street, Fellsincre, Florida; and WHEREAS, tire Fellsmere School has continued to experience leaks, broken window glazing and other deterioration; and WHEREAS, the funding of the renovation and restoration shall be limited over time by available funds WHEREAS{ Indian lkiver County desires to shove fiorward with the renovation and restora- tion of the Fellsinere School to comply with the terms and conditions of the Interlocal Agreement and lease with City of Fellsmere; and WHERAS, it :a necessary to identify the scope of work needed to immediately secure the building from tine natural elements and develop a schedule of improvements based on a profes- sionally prepared plan to be an initial phase of architectural services; and WHEREAS, it is the desire of Indian River County to utilize the arclritcctural firm selected by the City of Fellsmere for said professional services, NOW, THEREFOIkE, in consideration of tite mutual terms, conditions, promises, covenants and premises hereinafter set forth, the COUNTY and ARC'IIITECT agree as follows: Article 1. Scope of Work: The preliminary work, referred to as Phase 1, of the ARCHITECT shall be to develop a report outlining various considerations relative to the proposed renovation/restoration of the Fellsnnere School located in Fellsmere, Florida. The preliminary work necessary to prepare the report, which will be used by the COUNTY to identify extent and phasing of the renovation/ restoration, will include the following: 1. The initiation of an overview evaluation of the building structure with emphasis on determin- ing the extent of present deterioration and immediate steps to be taken to protect the structure from additional damage. 2. Discussions with all involved parties to establish the best possible program for planning the uses, repairs, improvements and other modifications. Phasing of the work and project inter- face with any ongoing uses or other needs will also be included in the study process. 3. Preliminary site analysis to determine drainage options to also include a detailed survey of the immediate area surrounding the building and an initial utilities review. 4. Re-evaluation of prior building studies in order to develop a scope of work and a detailed and prioritized list of work items needing to be accomplished. Immediate action to stop ongoing deterioration will be of paramount importance. 5. Development of a philosophy for the building and its role as an important historic centerpiece for Indian River County and the City of Fellsmere. 6. Preparation of graphic representations depicting the finding and recommendations of this Phase of work. Phase ll of the work will not include preparation of any construction documents. it will be concep- tual in nature and will include nreetings with some specialty consultants to help determine the total project scope. Article 2. Time of Completion. The term of this agreement between the ARCHITECT and the COUNTY shall be for a period not to exceed Ninety (90) Days from written authorization to proceed from the COUNTY. All work shall be completed and presented to the COUNTY prior to the end of the defilted ninety day period. Article 3. General: The ARCIiITECT hereby cent ies that lie has read every clause of this Agreement and that he has made such examination of the location of the proposed work as is necessary to C1 C� understand fully lite nature of the obligation herein made, and shall complete the same the time limit specified herein. The COUNTY and ARCHITECT agree to maintain any records, invoices and payment for the service as set forth in the attached rate schedule marked as Exhibit "A". All work under this Agreement shall be done to the satisfaction of the COUNTY, who shall in all cases determine the amount, quality, and acceptability of the several kinds of work and deliverables which are to be paid for hereunder, and shall decide all questions, which may arise as to fulfillment of the Agreement on the part of the ARCHITECT, and the COUNTY'S decision thereon shall be final and conclusive, and such determination and decision, in case any question shall arise, shall be a condition precedent to the right of the ARCHITECT to receive any money hereunder. Any clause under this contract or specification which for any reason be declared invalid, 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. Article 4. Quantities and Prices: The ARCHITECT, as an independent contractor and not as an employee of the COUNTY, shall furnish, for a sum not to exceed Twenty Thousand Dollars and No Cents ($20,000.00) during the contract period for all of the necessary labor, material, and equipment and expenses to perform tite work described above in accordance within this Agreement. The COUNTY shall pay progress payments to the ARCHITECT for all work performed in accordance with this Agreement upon satisfactory submittal of billing statements not to exceed a maximum of Twenty Thousand Dollars ($20,000.00), The COUNTY shall withhold ten (10%) per cent of all billed amounts to be retained until all worked has been satisractorily completed. Upon the written satisfaction of the COUNTY, all retained funds shall be promptly released to ARC[ -I ITECT. Article 5. Agreement Period: The terra or this agreement between the ARCHITECT and the COUNTY shall be for a period of Ninety (90) Days from written authorization to proceed from the COUN[`Y. The COUNTY reserves the right to terminate the contract at any time, with or without cause, upon thirty (30) days advance written notice to Ilse ARCI IITECT. Article G. The Contract Documents: ARCI 11TECT shall, at least ten (1.0) days prior to the commencement orany work, provide to tine COUNTY a certificate of commercial general liability and professional liability insurance with a reputable insurance company subject to approval by the COUN['Y's risk manager in an 40 • amount not less than $500,000 combined single limit for bodily injury and property damage in accordance with the COUNTY's Administrative policy Manual. At least ten (10) days prior to the commencement of any work ARCHITECT shall provide to the COUNTY a certificate of business auto liability insurance with a reputable insurance company subject to approval by the COUNTY's risk manager in an amount not less than $500,000 per occurrence combined single limit for bodily injury and property damage in accordance with the COUNTY's Administrative Policy Manual. The professional and general liability and auto liability insurance policies shall name Indian River County, a political subdivision of the State of Florida, as an additional insured. In addition, at least ten (10) days prior to the commencement Of any work ARCI IITECf shall provide to the COUNTY a certificate of worker's compensation insurance with a limit of $100,000 for each accident, $500,000 disease (policy limiit) and $100,000 disease (cacti employee) in accordance with the COUNTY's Administrative Policy Manual. ARCHITECT shall provide to the COUNTY at least thirty (30) days' written notice by registered mail, return receipt requested, addressed to the COUNTY's risk manager, prior to cancellation or modification of any required insurance. The insurance Requirements, public Entity Crimc Farm, Disclosure Form, together with this document, form the Agreement and are fully a part of this Agreement as if included herein. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT the day and year first above written. John H. Dean Arc, iitect & Associates, RA., A.I. . ]ohn li. Dean, A.f.A County Attallev Approved as to Form and legal Sul7icietlev !an s E. Chandler„ C untti• Administrator INDIAN RIVER COUNTY, FLORIDA Fran B. Adams, Chainnan Approved by BCC Attest: ]elTrcv K. Barton, Clerk of Circuit Court DcputyClerk 1110i6u tti Pr Co. A) nLwd InKI Administtalof JP y ,- l.etea6 13 d jet ta, Ri -k M• n General Strvs ,e Cr, I)tpartmtnt i