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HomeMy WebLinkAbout2004-011(1of 2) Y V ORIGINAL PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT FOR NORTH COUNTY REGIONAL PARK, PHASE 2 IRC PROJECT NO . 0399 THIS AGREEMENT or " CONTRACT" , entered into this 13 t hday oL January , 2004, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the COUNTY, and EDLUND , DRITENBAS & BINKLEY ARCHITECTS . P A , hereinafter referred to as the ARCHITECT, WITNESSETH The COUNTY and the ARCHITECT, in consideration of their mutual covenants , herein agree with respect to the performance of professional architectural services by the ARCHITECT and the payment for those services by the COUNTY as set forth below . The ARCHITECT shall provide professional architectural, and related services to the COUNTY for the project described as Indian River County Project No . 0399 , NORTH COUNTY REGIONAL PARK, PHASE 2 , serve as the COUNTY'S professional ARCHITECTURAL representative for the project as set forth below and shall give professional architectural consultation and advice to the COUNTY during the performance of the services to be rendered hereunder . SECTION I - PROJECT LIMITS As described in Exhibit "A" , Section I. , BASIC SERVICES and Exhibit ` B ". SECTION II - COUNTY OBLIGATIONS The COUNTY agrees to provide the following material , data, or services as required in connection with the work to be performed under this Agreement : A. Provide the ARCHITECT with a copy of all plans , surveys and information available in its files for the above location . B . The COUNTY shall assist the ARCHITECT in making provisions for the ARCHITECT to enter upon public property as required for the ARCHITECT to perform his services . F:\Engineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Prof Sery Agr EDB -Task 1 & 2-cjk.doc 1 • SECTION III - SCOPE OF SERVICES A. Architectural Phase 1 . A detailed description of the scope of services is given in Exhibit "A" and Exhibit "B " . 2 . In order to accomplish the work described under this Agreement in the time frames and conditions set forth in this Agreement, the ARCHITECT will observe the following requirements : a. The ARCHITECT shall strive to complete his work on the project within the time allowed by maintaining an adequate staff of architects and technicians in the required areas of expertise, or having the services of qualified sub - consultants , approved by the COUNTY, on the work at all times . b . The ARCHITECT will comply with all federal, state, and local laws applicable to this project. The ARCHITECT will design the project in such a manner as to be in conformance with all applicable federal, state and local laws . C , The ARCHITECT will prepare necessary sketches and completed application forms to accompany the COUNTY'S applications for any required federal, state , or local permits , during the appropriate design phase of the project. d. The ARCHITECT will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated . e. The ARCHITECT shall send a complete set of plans to all utility providers at each phase of plan development . Also , plans will be sent to every jurisdiction, or agency from which a permit, or approval, of any kind is required. The plans will be sent as directed by the COUNTY and the COUNTY shall reimburse the ARCHITECT for the cost of reproducing the plans at the agreed unit cost. The ARCHITECT shall coordinate the design with the jurisdiction, or agency in order to obtain the required permit, or approval . f. The ARCHITECT will identify all utilities having facilities which could be affected by the project. g. The ARCHITECT shall report the status of this project to the Director of the Public Works Department upon request and hold all drawings , calculations and related work open to the inspection of the Director or his authorized agent at any time, upon reasonable request. FAEngineering\Capital Projects\0399 North County Regional Park, Phase 11\0399 Prof Sery Agr EDB-Task 1 & 2-cjk.doc 2 3 . The drawings prepared by the ARCHITECT will be of sufficient detail to permit the actual location and construction of the proposed improvements within the project's property boundaries . 4 . The ARCHITECT acknowledges that preparation of all applicable permits for the COUNTY'S submittal through governmental regulatory agencies are included within the scope of basic compensation as defined by Exhibits "A" and "B " , Scope of Service . Any additional work required by laws, or regulations established after the date of this Agreement shall be an additional service and the COUNTY shall compensate the ARCHITECT in accordance with Section VI - Additional Work, of this Agreement. SECTION IV - TIME FOR COMPLETION A. The ARCHITECT understands and agrees that TIME IS OF THE ESSENCE and that the time for completion and the schedule for performance will be governed by the construction time frame of the project . B . The Services under the construction phase shall run concurrently with construction, beginning with the notice to proceed being issued to the Contractor and ending with issuance of the final payment to the Contractor. C . The ARCHITECT understands that timeliness of performance is a factor which will be evaluated in determining the award of future professional services in accord with FS287 . 055 and that failure to meet the time for completion may disqualify the ARCHITECT from award of future professional services work with the COUNTY . SECTION V — COMPENSATION The COUNTY agrees to pay and the ARCHITECT agrees to accept for services rendered pursuant to this AGREEMENT, Fee Compensation in an amount Lump Sum as established herein, unless authorized as Additional Services, the following : $18,480. 00 - EIGHTEEN THOUSAND FOUR HUNDRED EIGHTY DOLLARS Task 1 (as shown on Exhibit 1 ) $ 13 980 . 00 Task 2 (as shown on Exhibit 2) $ 49500 . 00 The compensation above is based on the following conditions and understanding : FAEngineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Prof Sery Agr EDB-Task 1 & 2-cjk.doc 3 A . The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the contract price was increased due to inaccurate, incomplete or non-current wage rates and other factual unit costs . All such contract adjustments shall be made within one year following the end of the contract. B • Section on Reimbursable. Travel shall not be compensated unless out of state and pre-approved by the Public Works Department . Cost of Reimbursable expenses is included in Lump Sum contract price. SECTION VI - ADDITIONAL WORK In the event changes are requested by the COUNTY or extra work is imposed on the COUNTY by the demands of certain regulatory agencies after the approval by the COUNTY of this Agreement, and upon the issuance of a subsequent work order by the Director of Public Works Department, and approved by the Board of County Commissioners, said extra work may commence in accordance with the fee schedule as shown in Section V, Paragraph 1 , or a lump sum amount based on that fee schedule. SECTION VII - PARTIAL PAYMENTS The COUNTY shall make periodic partial payments to the ARCHITECT for all authorized work according to the " Schedule of Deliverable Items " . Invoices will be submitted on forms furnished for that purpose by the ARCHITECT to the COUNTY periodically for work products delivered and expenses incurred pursuant to this Agreement. The ARCHITECT shall submit duly certified invoices in duplicate to the Director of the Public Works Department. The amount of the invoices submitted shall be the amount due for all work delivered to date . The amount of the partial payment due for the work item delivered to date shall be an amount calculated in accordance with the Schedule of Deliverable Items , less ten percent ( 10%) of the amount thus determined which shall be withheld by the COUNTY, as retainage, and less previous payments . The ten percent ( 10%) retainage withheld through this design phase , shall be paid in full to the ARCHITECT upon completion of the project. Payment of invoices shall be in accordance with the Florida prompt Payment Act, FS 218 . 70 et seq . SECTION VIII - INSURANCE AND INDEMNIFICATION During the performance of the work covered by this Agreement, the ARCHITECT shall provide the COUNTY with evidence that the ARCHITECT has obtained and maintains the insurance listed in the Agreement. All insurance policies shall be occurrence form, not claims made policies . If an occurrence form is unavailable for a specific coverage, approval for a claims made policy may be given by the County Risk Manager, F:\Engineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Prof sery Agr EDB-Task I & 2 -cjk.doc 4 L 1 . Statutory Workers ' Compensation and Employer's Liability are included in the same policy. The standard limit of liability as required by the Florida Worker's Compensation Law shall be insured against. 2 . Commercial general liability is carried in the amount of $ 1 , 000, 000 . 000 combined single limit for bodily injury and property damage . The coverages designed for a general contractor (x . c .u. coverage, broad form property damage, contractor's protective liability) are not included or required by an architectural firm. Contractual liability is included in the policy. 3 . Commercial automobile insurance for all owned, hired or borrowed vehicles are covered in the amount of $ 1 ,000, 000 combined single limit and $ 500, 000 uninsured motorists coverage . 4 . Professional Liability Insurance providing coverage for negligent acts , errors , or omissions committed or alleged to have been committed by ARCHITECT with a limit of $ 500 , 000 per claim/annual aggregate . This insurance shall extend coverage to loss of interest, earning, profit, use and business interruption, cost of replacement power, and other special, indirect and consequential damages subject to the limitation regarding consequential damages described in Paragraph 5 below . If the COUNTY requests the ARCHITECT to obtain additional insurance coverage, the cost of such additional insurance not otherwise reimbursed to the ARCHITECT under this Agreement shall constitute an additional direct charge to the project. 5 . For specialized services not performed by the ARCHITECT, the ARCHITECT shall require each of its subcontractors to take out and maintain during the life of such subcontract work the insurance coverages set forth in Paragraphs 1 , 2 , 3 and 4 above ; provided however, the following limits shall apply: 5 . 1 Employer's Liability Insurance (bodily injuries) with limit of $ 100, 000 per occurrence, and Employer's Liability Insurance (occupational disease) with limits of $ 100, 000 per person and $ 500, 000 in the aggregate . 5 . 2 Commercial General Liability Insurance, with limits of $ 500, 000 each person; $ 1 , 000, 000 each occurrence for bodily injuries , and $ 1 , 000, 000 each occurrence for property damage . 6 . The limits under Paragraph 5 shall be the same for any subcontractor. 7 . The ARCHITECT shall furnish the COUNTY with two (2) copies of a Certificate of Insurance evidencing policies required in Paragraphs 1 , 2 , 3 , 4, 5 and 6 above and evidencing policies of insurance required above for subcontractors . Such Certificates shall give the COUNTY at least thirty (30) days written notice in the event of cancellation of or material change in any of the policies . The Certificate of Insurance shall give a brief description of the work being performed under this Agreement. All insurance companies provided shall be companies rated at least A + VII per Best's Key Rating Guide and licensed to do business in the State of Florida. F :\Engineering\Capital Projects\0399 North County Regional Park, Phase 11\0399 Prof Sery Agr EDB-Task 1 & 2-cjk. doc 5 8 . To the extent of the insurance benefits under the insurance policies required by this Article, or for any loss , damage or expense falling within the deductible portion of Architects Professional Liability Insurance described in Paragraph 4 hereof, whether indemnity payment, defense costs, or otherwise, the ARCHITECT shall save the COUNTY harmless from and against all costs and losses , and all claims, demands , suits , actions , payments and judgments arising from personal injuries or otherwise, brought or recovered against the COUNTY arising out of any negligent error, or omission of the ARCHITECT, its agents, servants or employees, in execution or guarding of the work, including any and all expense, legal or otherwise, incurred by the COUNTY or its representatives in the defense of any claim or suite . SECTION IX - OWNERSHIP OF DOCUMENTS All plans , specifications, calculations and other work products paid for under this contract shall be the property of the COUNTY and shall be delivered to the COUNTY at its direction. The COUNTY shall have the right to re-use drawings of the structural details in a manner consistent with law and the State of Florida Department of Professional Regulation rules . The COUNTY shall indemnify and hold harmless the ARCHITECT from all claims , damages , losses, and expenses , including attorney's fees, arising out of, or resulting from any such re-use. SECTION X - CERTIFICATION AGAINST CONTINGENT FEES The ARCHITECT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the ARCHITECT to solicit or secure this agreement and that he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the ARCHITECT any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement. SECTION XI - PUBLIC ACCESS The COUNTY may unilaterally cancel the contract for refusal by the ARCHITECT 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 ARCHITECT in conjunction with the contract. SECTION XII - SEVERABILITY If any portions of this Agreement shall be held invalid or unenforceable , such invalidity or unenforceability shall not affect any other provisions hereof, and this Agreement shall be construed and enforced as if such provisions had not been included . F:\Engineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Prof Sery Agr EDB-Task 1 & Z -cjk.doc 6 SECTION XIII - TERNIINATION The obligation to provide further services under this Agreement may be terminated by either party upon 30 days ' written notice by either party. In the event of any termination, ARCHITECT will be paid for all services rendered to the date of termination, all reimbursable expenses and termination expenses . SECTION XIV - GENERAL A . No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto . B . The contact person in the COUNTY'S behalf shall be the Indian River County ENGINEER, Christopher J. Kafer, Jr. , P .E . The ARCHITECT shall take directions for the work from the Indian River County ENGINEER, exclusively, or who might otherwise be designated in writing by the Indian River County Public Works Director. C . This Agreement, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY. FAEngineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Prof Sery Agr EDB-Task I & 2-cjk.doc 7 IN WITNESS WHEREOF the parties hereto have executed these presents this T3th day of January , 20 04 EDLUND , DRITENBAS & BINKLEY, ARCHITECTS , P .A . BOARD OF COUNTY COMMISSIONERS POST OFF E OX336 INDIAN RIVER COUNTY, FLORIDA INDIAN O , FL 4 6 a ~ BY: Paul U. Dritenbas, President Caroline D . Ginn —airman Board of County Commissioners Witnessed by: Approved BCC 01 - 13 - airman- Z3 - Attest : �/ h I Jeffrey K. Barton Clerk of Court UL ByWilliamG. • , II, County Attorney Approved as to Form and Legal Sufficiency and 0j) 1 Z ?County es Chandler, Administrator Indian River Coun Appiped Date Administration !. Bud et 7 Le al Risk Management or o� dY Public Works Engineering FAEngineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Prof Sery Agr EDB-Task I & 2-cjk.doc 8 EXHIBIT "A " -EDLUND • DRITENBAS • BINKLEY: ARCHITECTS -ANC) ASSOCh4TES, P.A . Members of the Amer4canInstitute of Architects 4AR# AACOOO686 ::8 .Septenlbex 2003 TO : Chris Wer Indian River County Engineering 'Department 1840 2S .Street 1 . Vero Beach, Florida: 329. RE : Request for . Work Author iation PHASE II - . NORTH COUNTY REGIONAL PARK Architect '. Comm #090303VB Dear Chris , k. Asrequested please . accept this letter as our Request for `Work Authorization ron the 'above referenced project. .Our services for ,Phme I were;under a separate •agreement:: with Brad Smith; T A: and have been: completed. : This proposal' is for an. agreement with EDB Architects. to contract directly with Indian River, County. for Phase II of the . l�Tarth County Park r r r PL L BASIC SERVICES A. Bidding and Negotiations Phase 1 . Offer clarifications of our plans and specifications to GeneralL Contractors and Sub-Contractors as :necessary during. the public bidding process of L . Phase IT, North County Regional Park: Our `specific .portions of. the work I nclude the ballfields, the backstops; the dugouts, the two=story concession L tand, the .electrical building, the maintenance building, and the covered pavilions . In . addition, our sub-contractors will offer clarification for the portions of the work associated with lighting, electrical -and mechanical Systems shown on our drawings . EDB will draft .any ,required Addendum, relating to their work, to be issued by the Dwner during the bidding process . . 2 . Attend up to two (2) meetings with the apparent low bidder and the County 's Representative to review their schedule of values priorto the Owner ' s preparation of the contract for construction. Page .1 of 2 SS .Royal Palm Pointe . - Suite 0 , Vero Beach , FL 32JEO Vero Beach 772/569.4320 Fax 772/569.9208 Deerfield Beach 9 954/ 429-095 Fax 954/421 -8269 'edarch@sunet. net .41 B . Construction Administration Phase l . Provide peno . site • .Visits to observe the progress of the work.. These site visits are to be prior -to any concrete. . lacement :in foundations, slabs, columns or "beams. In addition; .our; site visits will correlate with the General Contractor' s monthly draw requests as submitted to the owner. Provide field reports with digital photos documenting each site .visif and'the , . work progress , 3 . Review each Draw bequest from the: General Contractor for comparison to ` the �work completed and compliance with the contract docwnerits : 4 . Review the shop=drawing submittals from the General Contractor 5 . -Prepare, a "Punch List of uncompleted or deficient items when Offie General Contractor calls ' for his Final Completion Inspection. ' 1. 6 . Provide a final "Lighting. Audit" .of .the ballfields, :`performed by an Electrical Engineer depicting the levels of illumination in foot=candles . upon completion of the; lighting installation and aiming by the Lighting Contractor. IL. FEES A. Bidding and Negotiations Phase $ 1 ,20000 B. Construction Administration Phase 12 `780 . 00 Total $ 13 ,980.00 C. Additional Services and Reimbursable Expenses.: , Any services requested , by the Owner outside , of the above defined ' :basic services shall be z. t $ 115 .00 per hour 1Vlleage, Photographs, 'Mailings and Ott . L Phone Services are included in the above fee total. No retainer is :required upon acceptance of this , agreement, Ifyou have any questions regarding this request fbr _WOjkL authorization, : please call • me anytime . Res c, lly S bmitt Paul U. Dritenbas , Architect A.I .A. - C: 090303YRdocpaul Page 2. of 2 EXHIBIT " B " EDLUND • DRITENBAB • BINKLEY ARCHITECTS AND ASSOCIATES, P .A . Members of the American Institute of Architects AR# AAC000886 26 November 2003 TO : Chris Kafer Indian River County Engineering Department 1840 25t" Street Vero Beach, Florida 32960 RE : Request for Work Authorization PHASE II - NORTH COUNTY REGIONAL PARK FBC 2001 REQUIRED CHANGES Architect ' s Comm . 4090303VB Dear Chris , As requested please accept this letter as our Request for Work Authorization on the above referenced project . These additional services are required due to the changes in the Building Codes . The original design was drawn meeting the requirements of the SBC 1999 Edition . Current permitting requirements require us to redraw certain aspects of this project to meet the new FBC 2001 for 140 mph wind pressures and also impact ratings for wind blown debris . This involves architectural as well as structural revisions and re-certification . The total fee for additional services , including reimbursable expenses, is $4 , 500 . 00 . Please authorize this as soon as possible as we are delivering these drawings on November 26 , 2003 to your office for distribution to the Bidders in the next addendum . R .s ectful Sub i d, Owner Paul U . Dritenbas , A . I . A . Date Page I of 1 C : 090303 VB . docpaul 65 Royal Palm Pointe , suite D , Vero Beach , FL 32960 Vero Beach 772/ 569-4320 Deerfield Beach 954/429-0995 Fax 772/ 569.9208 Fax 954/ 421 -8269 edarch@sunet. net