HomeMy WebLinkAboutItem C11BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 11, 2014 Division: Public Works/Engineering
Bulk Item: Yes X No Department: Project Management
AGENDA ITEM WORDING: Approval of a First Amendment to Contract for Professional Services
with Currie Sowards Aguila Architects for the Freeman Justice Center Acoustic Renovation.
ITEM BACKGROUND: The Contract for Professional Services dated April 16, 2014 contains a
typographical error in the fee for Task 4. Task 4 fee was reported as $3,600.00 and is corrected by this
First Amendment to read $3,800.00. The total fee of $19,400.00 does not change.
PREVIOUS RELEVANT BOCC ACTION: On January 20, 2010 the BOCC approved a Continuing
Contract where professional services are to be rendered for projects in which the estimated construction
costs of each individual project under contract does not exceed Two Million Dollars ($2,000,000), or
for study if the fee for professional services for each individual study under the contract does not
exceed Two Hundred Thousand Dollars ($200,000). On November 20, 2013 the Continuing Contract
was renewed for the first of two one-year periods. On April 16, 2014 the BOCC approved a Contract
with Currie Sowards Aguila Architects for professional services associated with the Freeman Justice
Center Acoustic Renovation.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
3oq
COST TO COUNTY: N/A SOURCE OF FUNDS: Fund 34r
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
y 1
APPROVED BY: County Att _L0fML1rChFS1)'1g _ Risk Managerrient'�1`
DOCUMENTATION: Included X Not Requirei,
F-ITH 910 ITEM
Revised 7/09
CONTRACT SUMMARY
Contract with: Currie Sowards Aguila Contract #
Effective Date: 06/11/14
Expiration Date:
Contract Purpose/Description:
Correct a typographical error on the contract for Professional Services for the
Renovation of the acoustics at the Freeman Justice Center
Contract Manager: -Ann Riger — X4439 PrQject NIS /Stop, #1
(Name) (Ext.) (Department/Stop
for BOCC meeting on 06/11/14 Agenda Deadline: 05/27/14
CONTRACT COSTS
Total Dollar Value of Contract: $ 19,400.00 Current Year Portion: $ 19,400.00
Budgeted? Yes Z No El Account Codes: 0310
.50q-d�%4voO 52
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ r For:
(Not included in dollar value above) (C9. nu-mitenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date Out
Date In
Division Director
Needed evi er
Yes o NoZ
Risk Management 'A
Yes[] No[]
O.M.B./1"itt-ch
Yes [:1 No,
2
County Attorney
Yes[] Nog {� L 7L
/_z' Y_
Comments:
FIRST AMENDMENT TO
CONTRACT FOR PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECT/ENGINEER
FOR
FREE
THIS FIRST AMENDMENT (herein after "AMENDMENT" to CONTRACT
BETWEEN OWNER AND ARCHITECT/ENGINEER ("Contract" or "Agreement") for
the Freeman Justice Center Acoustic Renovation entered into between MONROE
COUNTY, "Owner" or "County") and CURRIE SOWARDS AGUILA ARCHITECTS,
("Architect") is made and entered into this I I th day of June, 2014, in order to amend the
Contract as follows:
WIVINK&IM
WHEREAS, on the 20'h day of January 20 10, the parties entered into a Continuing
Contract for projects in which the estimated construction costs of each individual project
under the contract does not exceed Two Million Dollars ($2,000,000.00), or for study
activity if the fee for professional services for each individual study under the contract
does not exceed Two Hundred Thousand Dollars ($200,000.00); and
WHEREAS, on the 20 day of November 2013, the parties entered into a First
Amendment to Contract renewing the Continuing Contract for the first of two one-year
periods effective January 20, 2014 and terminating January 19, 2015; and
WHEREAS, on the 16'h day of April, 2014 the parties entered into a Contract for
Professional Services to provide design through construction administration services
associated with the Freeman Justice Center Acoustic Renovations; and
WHEREAS, the Contract dated the 16 1h day of April 2014 contains a typographical error
in the payment section; now therefore
and for other good and valuable consideration, the sufficiency of which hereby
acknowledged, the Owner and Architect agree:
Paragraph 5 of the Contract for Professional Services dated April 16, 2014 shall
be revised as follows:
• Task I
• Task 2
• Task 3
Task 4
Total
SM00.00
$19,400,00
2. All other terms and conditions of this Contract shall comply with the Contract for
Professional Services dated April 16, 2014, the Continuing Contract dated
January 20, 2010, and as renewed on November 20, 2013, which shall be made a
part of this Contract as if written herein in its entirety.
IN WITNESS WI IEREOF, each party caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, CPA, Clerk OF MONROE COUNTY, FLORIDA
La
By:
Deputy Clerk Mayor/Chairman
ARCIIITECT/ENGINEER
By: ( Z lals MONROE COUNTY ATTORNEY
Print 4,wlld _awtA
Title: fffPROVED AS T� FORM:
K im6i PAL_
Date: lVbN`A lt& k Zpi+
�NATILEENE W CASSEL
ASSISTANT COUNTY ATTORNEY
Date
STATE OF FLORIDA
COUNTY OF -'P I 6FJ C�-A
A Lre-
On this i Lo day of MA 2014, before me, the undersigned notary public, personally
appeared lit _4\6i)t LP, known to me to be the person whose name is subscribed above, or
who produced as identification, and acknowledged that he/she is the person who
executed the above Contract with Monroe County for Professional Services for the Freeman Justice Center
/KOLlstic Renovation, for the purposes therein contained.
Al WilTLEY
I J. Commission # EE 032097
NO(nBLIC EXPIMS NOVOM*20,2014
oxd*4 TM NY $* Wmas-7010
My Commission expires: 1ZQ 2-01
CONTRACTFOR
PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECUENGINEER
Freeman Justice Center Acoustic Renovation
THIS CONTRACT made as of the 16 1h day of April, 2014 FOR PROFESSIONAL
SERVICES BETWEEN OWNER AND ARCI 11TECT/ENGINEER (the "Contract" or
"Agreement") is made and entered into by MONROE COUNTY, BOARD OF COUNTY
COMMISSIONERS ("Owner" or "County"), a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, its successors
and assigns through the Monroe County Board of County Commissioners ("BOCC"), and
CURRIE SOWARDS AGUILA ARCHITECTS, the ("Architect")., whose address is
185 NE 4" Avenue, Suite 101, Delray Beach, FL 33444, its successors and assigns.
pmy�l=l
WHEREAS, on the 201h day of January 2010, the patties entered into a Continuing
Contract for projects in which the estimated construction costs of each individual project
ject
under the contract does not exceed Two Million Dollars (S2,000,000.00), or for study
activity if the fee for professional services for each individual study under the contract
does not exceed Two I lundred Thousand Dollars ($200,000.00); and
WHEREAS, on the 20t" day of November 2013, the parties entered into a First
Amendment to Contract renewing the Continuing Contract for the first of two one-year
periods effective January 20, 2014 and terminating January 19, 2015; and
WI IEREAS . in March 2011 an acoustic study was performed by Edward Dagger &
Associates, P.A., (ED+A), at the Freeman Justice Center due from complaints of
unsatisfactory acoustic conditions within all of the courtrooms. FD4A's submitted report
of April 1, 2011 includes three broad areas of acoustic improvement recommendations to
all six of these courtrooms; and
WHEREAS, the Architect proposes his professional services for implementation of the
recommendations for improving the acoustics; now therefore
IN CONSIDERATION of the mutual promises, covenants and agreements stated herein,
and for other good and valuable consideration, the sufficiency of which hereby
acknowledged, the Owner and Architect agree:
Page I of 6
PROJECT DESCRIPTION & SCOPE OF WORK
A. The professional services required by this contract are to provide design
through construction administration services associated with the Freeman
Justice Center Acoustic Renovations:
Task I - Provides for a pre -design on -site meeting to discuss the findings of the
acoustical analysis report previously prepared by ED+A, review the proposed
improvements, discuss any alternative options that may be available, and confirm
and discuss whether the anticipated improvements will be sufficient for the
Owner to implement. Owner may decide that the project will conclude at this
point. However, if the Owner decides to proceed to the other listed tasks, we will
be directed to do so as noted below. In attendance to this meeting will be
representatives from ED I A, CSA Architects, the Owner and members of
judiciary and/or Court Administration.
Task 2 - Provides for the preparation of bid, permit, and Construction
(implementation) for the addition of acoustic panels or fabric to selected walls of
the various courtroom and vestibules as indicated in the Study and per
manufacturer's recommendations and installation details. The Architect will
review available finish options and selection with the Owner and prepare bid
requirements as needed. During construction, the Architect will respond to
contractor questions, review submittals, and attend up to two on -site meetings,
one at pre -bid and one at final installation.
Task 3 - Provides for an on -site review of the existing sound system currently in
use within the courtrooms and prepare bid documents and specifications for the
Owner to obtain bids from qualified sound system vendors for implementation of
a new system. Up to two site visits are included in this task, one prior to
preparation of bid documents to document existing systems to include both CSA
and ED+A, and one upon project cornpletion with just CSA
Task 4 - Provides for one on -site study by ED+A, similar to the original study to
measure changes in the acoustical dynamics of the space, prepare a summary and
comparative report and note any further requirements or options if necessary. One
site visit is included in this task by ED+A.
�1
A convenient date will be scheduled when the Owner, court
representatives and consultants are available to meet on site. This will
need to be on a date on no or limited court activity.
Bid documents will be prepared and delivered to the Owner forbids in no
more than forty-five (45) days from receipt of a written notice to proceed
for the addition of acoustic panels or fabric to selected walls of the various
courtroom and vestibules as indicated in the Study,
0 Bid documents will be prepared and delivered to the Owner for bids in no
more than forty-five (45) days from authorization to perform on -site
review of the existing sound system.
Report findings will be prepared and submitted to the Owner in no more
than thirty (30) days from Authorization to perform this task. A detailed
report indicating new acoustical values and comparison to original report
findings will be included. The report will provide conclusions as to the
efficacy of the modifications implemented and any additional finding that
may be warranted.
Six (6) sets of signed and sealed drawings shall be provided as well as one
CO.
1 SITE VISITS
Per Task listed above and authorized in writing by Monroe County Project
Management.
Contract Site visits are to include all costs and expenses incurred by the Architect
CSA and Consultants ED+A
[Hat: 11-119II10W141I
A. Site visits beyond the required six (6) above shad be reimbursed only if approved,
in writing, by the owner, and shall be in the amounts authorized by Section
112.061 Florida Statutes, and/or Monroe County Code, whichever is more
restrictive.
MAIN
C. The cost of additional signed and sealed drawings beyond the required six (6).
4. ADDITIONAL SERVICES
Any Additional Services that may be required shall be approved by the County
only after receiving an Amendment to the Agreement and a Notice to Proceed
from the County,
Additional Services may be provided by the Architect by a proposed lump sum
fee, or at the hourly rates listed below:
ARCHITECTURE:
Principal $175.00
Project Architect $150.00
Project Manager $125.00
TECHNICIANS:
Ca Tech 1 $85,00
Cadd Tech Il $65,00
OFFICE SUPPORT:
Office Support Staff
WEFr�
Task I -
($2,600.00)
Task 2 -
($9,400.00)
Task 3 -
($3,600.00)
. Fask 4 -
( 3.600.00)
Total
$19,400.00
"Pursuant to F.S. 119,0701, Contractor and its subcontractors shall comply with
all public records laws of the State of Florida, including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily would
required by Monroe County in order to perform the service. I
(b) Provide the public with access to public records on the terms and conditions
that Monroe County would provide the records and at a cost that does not exceed
the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by
law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law.
I'd)
Meet all requirements for retaining public records and transfer, at no cost,
Monroe County all public records in possession of the contractor upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements
All -,scord5-FAored e1i�-�V-afly rA4st-4Ie-pwvid,-d tQ 14onrcee-f-'ount-y-ii-a-fa I
that is compatible with the information technology systems of Monroe County.
7. All other terms and conditions of this Contract shall comply with the Continuing
Contract dated January 20, 20 10, and as renewed on November 20, 2013, which
shall be made a part of this contract as if written herein in its entirety.
IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly
ailthorized representative on the day and year first above written.
n
4---
Witnesses for Arc I
Witnessl:
Print Name: -.,Y-ry)
Date:
Witness 2:
Print Name:
BOARD OF COUNTY COMMISSIONERS
OF MONROI: ')OONTY, FLORIDA
By:
Mayor/ , Chairman
ARCHITECT/ENGINEER
CURRIE SOWARDS AGUILA ARCHITECTS
By:
Print a NAi
Title-,
I
STATE OF FLORIDA
COUNTY OF —thL—M 6EA20
On this I day of, 2014, before me, the undersigned notary public, personally
appeared �s uj�A mWeans known to e to be the person whose is subscribed
above, or who produced as identification, and acknowledged that
he/she is the person who executed the above Contract with Monroe County for Professional Services
for the Acoustic Renovation at the Freeman Justice Center, for the purposes therein contained.
NrFY PUBLIC
My Commission expires: _ I l_(ZD,l 2,61 �--
L WHITLEY
Z fA Commisslon # EE 032097
* ' Expires November 20, 2014
q*
B-W 1W Trey F* bm"M WeWS-7010 1
MONROE COUNTY ATTORNEY
A,P ROV-
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ISANT COUNTY ATTORNEY
Core Page 6 of 6
STATE OF FLORIDA
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ACORDTM i OF LIABILITY 51`0612014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS O RIGHTS UPON THE CERTIFICATE HOLIER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, END OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT EN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
termsthe and conditions of the policy, certain policies may require an endorsement. A statement on this cartIficats does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER NAME C
SI Insurance Services, LL,�NK, 13 21-700 Are N. ; 81 1-7525
171 ho Blvd. Suits 700 E MUL__
Tampa, FL 33607
DelrayINSURED
Currie Sowards Agulla Architects Inc
185 NE 4th Ave
Suite 101
INSURER(S) AFFORDING COVERAGE
NA€C N
INSURER A:MSA Insurance Company
11066
INSURER B : Travelers CasualtyCo
3119
INSURER C : XL Specialty Insurance Company
37885
IA
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 13ELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
T
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POUCY NUMBER
JPrIooY EFF 021DBY EX
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GENERAL UMILITY x
BPG968351171
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EACH OCCURRENCE
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pREhAiS Ea oca ®nce1
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X COMMERCIAL GENE LIABILITY
MED EXP (Anyoneperson)
$5 000
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GENERAL AGGREGATE
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AN EMPLOYERS' LEAS1LITY YIN I
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D RIPTION OF OPERATIONS below
Professional
PS7114
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08/2412014
$2,000,000 per claim
Liability
1
$2,000,000 annl ag r.
DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, AddWone Remarks Schedule. If more space Is required)
Professional Liability coverage Is written on a claims -made basis.
: Freeman Justice Center Acoustic Renovation
Monroe County is an additional Insured with respect to General Liability and Auto Liability required by
written contract.
B
DA
RIVER N/A ES _.
• 'i •: • -p
100
` • rl 2-216
Key West, FL 33040
EXPIRATIONTHE DATE THEREOF,
AUTHORIZED REPRESENTATIVE
0 1988-2010 ACORD CORPORATION. All rights reserve
ACORD 25 (2010105) 1 of I The ACORD name and logo are registered marks of ACORD I
CURRIE
SOWARDS
AGUILA
architects
March 20, 2014
Revised March 31, 2014
!■ • • -�
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, Florida 33040
Re: Freeman Justice Court Room Acoustics
Project No. 140302
This • your request for CURRIE SOWARDS AGUILA ARCHITECTS (the Architect) to •
professional architectural services for the above referenced Project as detailed herein for Monroe
County (The Owner). This proposal when executed, shall be incorporated in and shall become an
A&Sgsr.&Tu tt.' f3,_P_xuPP_*_atwtPr a. -Ed
PROJECT DESCRIPTION
The project generally consists of preparation of bid and permit documents as needed to
implement the recommendations of the Acoustic Study (the Study) as prepared for Monroe
County on April 1, 2011, by Edward Dugger + Associates, P.A. The Study concludes with thre
recommendations for implementation into the six (6) courtroom spaces generally consisting
Decreasing Problematic Reflections and Echoes; Control of Reverberation Time; and Possible
Recording Systems modifications. Services include bid documents through implementation. I
1. SCOPE OF SERVICES
The Architect and consultant will approach this engagement by the following four (4) tasks.
Task 1 - Provides for a pre -design on -site meeting to discuss the findings of the acoustical
analysis report previously prepared by ED+A, review the proposed improvements,
• any alternative options that may be available, and • and •
whether the anticipated improvements will be sufficient for the Owner to implement.
Should it be determined that the improvements will not be worth the expense, it may
be decided that the project concludes at this point. However, if the Owner decides to
proceed to the other listed tasks, we will be directed to do so as noted below. in
attendance to this meeting will be representatives from ED+A and CSA Architects.
Task2- Provides for the preparation of bid, permit, and Construction (implementation) for the
addition of acoustic panels or fabric to selected walls of the various courtroom and
vestibules as indicated in the Study and per manufacturer's recommendations and
installation details. The Architect will review available finish options and selection
Architecture, Planning, Interiors, Sustainable Design
195 NE4th Avenue, Suite 101, Delray • FL 33483 T561-276-4951 F561-243-8184 www.csa-architects.com mmwm,
with the Owner and prepare bid requirements as needed. Up to two site visits are
included, one at pre -bid and one at final installation.
Task 3 - Provides for an on -site review of the existing sound system currently in use within the
courtrooms and prepare bid documents and specifications for the Owner to obtain
bids from qualified sound system vendors for implementation of a new system. Up t'T
two site visits are included in this task, one prior to preparation of bid documents to
document existing systems, and one upon project completion.
Task4- Provides for one on -site study, similar to the original study to measure changes in the
acoustical dynamics of the space, prepare a summary and comparative report and
note any further requirements or options if necessary.
11. DELIVERABLES
Taskl— No deliverables are anticipated as this is only a face-to-face meeting with Owner staff
for discussion of existing conditions, options, and to receive a direction to proceed.
Task 2 - Deliverables include drawings and specifications of proposed wall panels for use by
the Owner for solicitation of bids.
Task3- Deliverables include written report with inventory of existing equipment, and bid
specifications for use by the Owner for solicitation of bids for a proposed new soune
system and necessary equipment.
Task4- Deliverable includes a detailed report indicating new acoustical values and
comparison to original report findings. in addition, the report will provide conclusions
as to the efficacy of the modifications implemented and any additional findings that
may be warranted.
IV. SCHEDSLE
Taskl- A convenient date will be scheduled when the is and consultants are available to
meet on site, This will need to be on a date on no or limited court activity.
Task 2 - Bid documents will be prepared and delivered to the owner for bids in no more thar
forty-five (45) days from receipt of a written notice to proceed for this task.
Task 3 - Bid documents will be prepared and delivered to the Owner for bids in no more than
forty-five (45) days from authorization to perform this task.
Task4- Report findings will be prepared and submitted to the owner in no more than thi
(30) days from Authorization to perform this task. I
V. FEES
TaskIL- Fees for this one -day visit will be a lump -sum fee of Two Thousand Six Hundr
Dollars ($2,600.00) and No Cents, including travel expenses. i
Task2- Fees for this service will be a lump sum fee of Nine Thousand Four Hundred Dollars
($9,400.00) and No Cents.
fil
Task3- Fees for this service will be a lump sum fee of Three Thousand Six Hundred Dolla
00) and No Cents. I
TEUZ%�•�
Total combined fees, including site visits as noted above
Dollars ($19,400.00) and No Cents, including travel expenses.
In discussion with Mr. Dugger, he noted that his original study was prepared in accordance with GSA
guidelines for courtroom acoustical requirements and it is his professional opinion that once these
rzc,x,mmen4at4ns are fylly imXleme6tel •,,e 2 sigAific,?At imXriivexkeAt t-1 tke ctu-I-trron
acoustics.
Please review and it agreeable provide a wriften 110tice to F;roceeo
proceed with one or all tasks.
Sincerely,
1991--w-AV,
Principal
E
EDWARD DUGGER + ASSOCIATES,
Consultants in Architectural Acoustics
Mechanical/Vibration Noise control and
Au d io/Video/IT Systems
ACOUSTIC STUDY
Visit Date: 2/18/2011
To: Monroe County
Jerry Barnett
1100 Simonton Street
Key West, FL 33040
Ne: Freeman Justice Center Courtrooms Acoustic Study
302 Fleming Street
Key West, Florida 33040
ED+A 10340 (fina(v4)
L", M A a y 3 R 7-1T-q M
M
Please find enclosed our acoustic recommendations for the Freeman Justice Center
Courtrooms. The purpose of this report is to provide recommendations that will improve the
acoustical quality of each courtroom in the Justice Center and to explain how the
suggestions may be accomplished.
4490 SW Long Bay Drive, Palm City, Florida 34990
t: (772) 286-8351 www.edplusa.com f: (772) 221-1960 AA26000667
Freeman Justice Center Courtrooms, Key West, FL
I April 2011
1
EDWARD DUGGER + ASSOCIATES,
Consultants in Architectural Acoustics
Mochanlca I/Vlbration Noise Control and
A u d I o/V I do ol IT Sys to rns
Judge and Clerk Persnective (Bench)
.............. .....
I . Echo condition from the opposite wall (behind the audience).
2. Difficult conversation conditions with the Jury area (usually to the right or left side of
the Judge)
3. A buildup of sound from the Gallery area when Audience members have general
conversations.
4. Difficult conversation conditions when using the phone conference function. This is a
two way telephone device typically located at the Judge's desk with additional
microphones on the main podium.
5. Good hearing conditions from the Gallery.
6. Low background noise levels from the mechanical system.
Plaintiff I Defendant Tables and Lectern
1. Echo condition from both the Gallery and Judge's walls and a cross room echo in the
wider rooms.
2. Difficult hearing from the Bench area.
3. Difficult conversation conditions when using the phone conference function. This is a
two way telephone device typically located at the Judge's desk with additional
microphones on the main podium.
4. Low background noise levels from the mechanical system.
Ml a
If infil 110y,911j'i
1. Echo condition from both the Plaintiff/Defendant Tables and Lectern.
2. Good hearing from the Bench.
3. Difficulty in hearing testimony from the Plaintiff/Defendant Tables and Lectern.
4. Distracting noise from the entry door area.
5. Low background noise levels from the mechanical system, except in Courtroom C
(due to a roof mounted fan which had a bad bearing during our visit).
4490 SW Long Bay Drive, Palm City, Florida 34990
t: (772) 286-8351 www.edplusa.com f: (772) 221-1960 AA26000667
Freeman Justice Center Courtrooms, Key West, FL
1 April 2011
3
, EDWARD DUGGER + ASSOCIATES, P.A.
S12Consultants in Architectural Acoustics
Mechanical/Vibration Noise control and
Au d i o/Vi deo1lT Systems
q - - -• - - &N r-
seem to be minimal at best.
Overall, the courtrooms listening and speaking conditions are best characterized as
"difficult". In working to make modifications to the room, we have carefully examined these
complaints and analyzed the space to determine the causes. The changes we propose
should dramatically improve the acoustical character of the Courtrooms by substantially
decreasing these problems.
4490 SW Long Bay Drive, Palm City, Florida 34990
286-8351 www.edplusa.com f: (772) 221-1960 AA26110667
Freeman Justice Center Courtrooms, Key West, FL
1 April 2011
4
EDWARD DUGGER + ASSOCIATES, P.A.-
InConsultants in Architectural Acoustics
Mach an Ica [IV lbration No is a Contra I and
Audio/VideoliT Systems
RECOMMENDED ACOUSTIC IMPROVEMENTS
st to divide them into 3 broad areas
improvements. These architectural areas are then broken down into specific architectural
changes that will realize the acoustic desires. I
'1110
with several distinct time arrivals of sound from multiple sources. The first, and most
noticeable arrival, is from the front to back wall, The second is from the side walls.
However, there are also numerous reflected paths that sound takes to reach the listener.
Reflections off the ceiling, furniture, floor, or even multiple combinations of all three can
reach the listener noticeably later than the direct sound. As a result, the listener hears
several arrivals; the first is the direct sound, the rest from reflections off of room surfaces.
t (I'll
mR0seconas)-i7TUFTff1TffPW9 not a
more than 30 milliseconds from the direct sound source begin to be perceived as echoes.
Additionally, image shifts and the masking of speech often result if these late reflections are
similar in amplitude to the direct sound. Several architectural features in the room are
causing reflected sound to exceed this 30 millisecond time window. To improve speech
intelligibility and to control the buildup of sound within the Courtrooms, it is necessary to
change these reflections. STI/RASTI is used to measure the perceived affect of echoes and
the buildup of sound that masks speech. The STI/RASTI of a Courtroom should fall within
the "Excelient7 to "Good" range.
4490 SW Long Bay Drive, Palm City, Florida 34990
t: (772) 286-8351 www.edplusa.com f (772) 221-1960 AA26000667
Freeman Justice Center Courtrooms, Key West, FL
1 April 2011
EDWARD DUGGER + ASSOCIATES, P.A.
Consultants In Architectural Acoustics
Mocha n Ica I/Vibratio n Noise Control and
A u d I of Vi d 9 o1IT S ystem s
Image I — Reflections off east wall and ceiling
Image 2 — Reflections off north side wall
•i SW Long Bay Drive, Palm City, Florida 34990
t: (772) 286-8351 www.edplusa.com f. (772) 221-1960 AA26000667
Freeman Justice Center Courtrooms, Key West, FL
I •, 2011
6
EDWARD DUGGER + ASSOCIATES, P.A.
Consultants in Arch Itectu ral Acoustics
Me ch an Ica I/Vibratio n No Ise C o ntrol a n d
Au dio/VideoliT Systems
II - Control of Reverberation Time
Our recommendation to transform the acoustics of the Courtrooms Involves carefully
controlling the amount of sound buildup within the rooms. Our experience has taught us that
making sure the reverberation time within the room is appropriate for speech and recording
environments is the key to achieving better listening. For a Courtroom acoustical
environment the reverberation time should be in the 1.0 to 0.7 second range (averaged mid
band between 500 and 1,000 hertz). The attached summaries are for the various
Courtrooms, their general dimensions, STURASTI ratings, and their existing reverberation
times.
III - Recording Systems
'51WCFrUMWg7sJ I
made to improve the recording quality.
1 . Use boundary microphones whenever possible, especially when the phone system is
in conference mode.
2. Consider mounting a boundary microphone in the ceiling between the Judge and
Lectern. This position is close to both parties and would provide the strongest signal
since the ceiling is a natural acoustic reflector.
3. Where freestanding microphones are used make sure they are directional and not
omni-directional microphones. The microphone should just pick up sound right wherr-,
the user is speaking into it, being careful not to pick up any extraneous sounds.
Several microphone manufacturers have variable settings on their microphone heads
that can change the pickup pattern and so the correct directionality setting may be
used. %
K-*T,Tqkl
South) and a length of 62 (East to West):
4490 SW Long Bay Drive, Palm City, Florida 34990
t: (772) 286-8351 www.edplusa.com f. (772) 221-1960 AA26000667
Freeman Justice Center Courtrooms, Key West, FL
1 April 2011
7
EDWARD DUGGER + ASSOCIATES, P.A.
Consultants In Architectural Acoustics
Mocha n Ical/Vi bration Noise Control and
Audio1VIdeo1IT Systems
1 . Add acoustic treatment (1" thick fabric wrapped fiberglass @ 4 lbs density) to the
East Walls. Cover the whole wall (except for the doors), starting the panels just
below the back of the Gallery Seats and continue to the ceiling.
L Add acoustic treatment (1/2" thick fabric wrapped fiberglass @ 4 lbs density) to the
South Wall. Install on the wail from the wainscot height to the ceiling. Start this
treatment in the Northwest corner and continue to the short wall in front of the Galler�j
area.
3. Add acoustically absorptive treatments (11" thick fabric wrapped TECTUM Finale
panels) to the Entry Vestibules for both the Gallery and Bench doorways. The panels
do not need to cover every square inch of the vestibules. The panels can be applied
at the height of the electrical outlets to door height.
4. The existing ceng provides a very helpful reflecting surface and is to be kept
untouched.
5. See the attached sketch A1.03, ED+A dated 28 March 2011.
9
vz-4i� 777170-51=7=77M =-a X-51-
wide (North to South) and a length of 66' (East to West):
1 Add acousbc treatment (1 " thick fabric wrapped fiberglass @ 4 lbs density) to the
East Walls. Cover the whole wall (except for the doors), starting the panels just
below the back of the Gallery Seats and continue to the ceiling.
E, Add acoustic treatment (1/2" thick fabric wrapped fiberglass @ 4 lbs density) to the
South Wall. Install on the wall from the wainscot height to the ceng across the
whole length of the room. Start this treatment in the Northwest corner and continue
to the short wall In front of the Gallery area.
3. Add acoustically absorptive treatments (1 " thick fabric wrapped TECTUM Finale'
panels) to the Entry Vestibules for both the Gallery and Bench doorways. The panels
do not need to cover every square inch of the vestibules. The panels can be applied
at the height of the electrical outlets to door height.
4. The existing ceiling provides a very helpful reflecting surface and is to kept
untouched.
5. See the attached sketch A1.02 and A1.03, ED+A dated 28 March 2011.
AA190 SHI Long Bay Drive, Palm City, Florida 34990
t: (772) 286-8351 www.edplusa.com f- (772) 221-1960 AA26000667
Freeman Justice Center Courtrooms, Key West, FL
I April 2011
8
m. EDWARD DUGGER + ASSOCIATES, P.A.
SO Consultants In Architectural Acoustics
4wA Mocha n lcaliVibration Noise Control and
r Aud Io1VIdeo1IT Systems
0 1 rZoMM7 M
1 . Add acoustic treatment (1" thick fabric wrapped fiberglass @ 4 lbs density) to the
East Walls. Cover the whole wall (except for the doors), starting the panels just
below the back of the Gallery Seats and continue to the ceiling.
2. Add acoustic treatment (1/4" thick fabric wrapped fiberglass @ 4 lbs density) to the
South Wall. install on the wall from the wainscot height to the ceiling across the
whole length of the room.
3. Add acoustically absorptive treatments (11" thick fabric wrapped TECTUM Finale'
panels) to the Entry Vestibules for both the Gallery and Bench doorways. The panels
do not need to cover every square inch of the vestibules. The panels can be applied
at the height of the electrical outlets to door height.
4. The existing ceiling provides a very helpful reflecting surface and is to be kept
untouched.
5. See the attached sketch A1.02, ED+A dated 28 March 2011.
4490 SW Long Bay Drive, Palm City, Florida 34990
t: (772) 286-8351 www.edplusa.com f: (772) 221-1960 AA26000667
Freeman Justice Center Courtrooms, Key West, FL
1 April 2011
9
EDWARD DUGGER + ASSOCIATES,
Consultants in Architectural Acoustics
4-A Mechanical/Vibration Noise Control and
41- 1 Aud iolVide o1lT Systems
-11111 11111 11 411CIIIIIIHi
details. We would like to see and review these drawings before the project is issued for
bidding.
1. Fabric cover fiberglass panels which have the fabric glued to the fiberglass surface
and then the fiberglass panels are mechanically attached to the wall. If a panel is
damaged (unlikely but it can happen) then you must replace the whole panel.
2. Stretch -Wall or Fabric-Trak systems. These systems have a plastic trim piece that is
mechanically attached to the wall around the perimeter of where the panels go. The
acoustic material (fiberglass or cotton) is then mechanically attached within the center
of the perimeter clips. Fabric is placed and pulled into the perimeter attachment
strips. This system gives the best flexibility In fabric selection. You can also replace
damaged areas by just replacing only the fabric covering that Is damaged.
I F709199" — [IM16001-
or clarify, please fee( free to telephone us. We look forward to working further with you on
this exciting and interesting project.
4490 SW Long Bay Drive, Palm City, Florida 34990
t: (772) 286-8351 www.edplusa.com f. (772) 221-1960 AA26000667
Freeman Justice Center Courtrooms, Key West, FL
I April 2011
10
I I
Edward Ougger + Associates, Consultants In Architectural Acoustics
Courtroom A
ftu(IfficaAmir
Lengill
Width 1
14019111
ITOTALS
Walla
North
61,76
12
741
East
00
12
720
South
MIS
12
741
West
so
12
a
Subtotal
2,202
Wood
11200
FWAP -added
75
95
838
cfliirng
GWB
81.75
60
3,705
rloor
Carpet
51,75
so
3,705
Salting
Gifilm
51.75
29
1,791
Jury
9
16
144
Bench Soldfing Ames
24
24
Volume
605
AD
12
Surface Arga-CAulattone ITAAA 3 * a I
Reverberation Time
3.40
too
Loa
W.
1.50
1.00
9.0
0.00
121 HE 260 HE $in H. I lent 2 k". 4kH8
Nuailaw
126 HE
254Hz
500HE
I kHz_
2hilf
4 kHz
Surfa q a M Atari at Am
it - 125 hz Va iU
0-2501ht We ZRO
a - 500 Tax Ma OOD
a - TOOC1h2 S' a 1k
a 4600ft 3.4 V
o-400011ve S'3:4k
Walt■
GlartsIGINU
011
242M
all
24222
0,11
24=
0.11
24=
011
242.22
Mll
242M
Wood
0,28
33&.00
0.22
254,00
0117
204.00
M09
loam
CAO
120.01)
0,11
MOD
FWAP
0.15
95M
M30
19125
Up
30Z
0.60
slam
0,50
510100,
0.80
510400
GWB
M29
1.07445
Clio
37CLM
0 as
MIS
004
10 20
0.07
29M
0,09
333,45
Flaw
Carpet We
0.05
185,25
0.10
370M
0,15
0575
0.25
020.25
0.35
1 ,2M.7s
0.40
1 AM.M
SvAvno 1JaaCUUP!d a
Gallery
0.04
7103
004
7183
005
8954
0.07
126.36
0.07
M.35
007
129.118
Jury
0.40
6760
0,50
72.CD
CBS
63.60
0.60
115M
0.80
IMM
070
100,80
Bunch Seednij as
0.40
9160
010
1200
0.55
15.00
0.90
19.20
0.00
Ill.=
070
10.60
Seating-accupked
Gallery
0,57
1,0=73
0.81
I'MM38
M76
11"Ce
0,60
11,540.06
0.91
1,629,66
a Be
1,54 05
Jury
0,39
56.16
0r57
82.08
0,80
115"
0.94
11"
0.92
132,46
007
12528
Bench Simard Areas
0.39
6.38
M57
13.66
0,60
1920
0.94
22M
092
2206
087
20,85
Air Absorption $1 4mV
F555555 Quacam
5.555= 5.555555
REM a
0.001280 MADMON
umi= 50
0,002700
1201.042000
Raw rbaratlan itfirms
(ar- v.o#g,71zs*j+4mv)
EWAIng Candtfions
1.40
I.Aid
JA
IM
1.22
11.26
With acious1d; trigatinerit-unorcupled
I.m
IM
121
Ur
0.79
0,71
With acoustic boats ant pleat
4.72
OM
CC"
L"
OA
am
Legend
Notes:
1. Fabric wrapped Masi takleis mouni 3-r AFF to bodiam of wood aerece trim
EM
CM I
Freeman Justice Center, Key West, Florida
Edward Ougger + Associates, Consultants in Archilectural Acousllvz
Courtroom B
UuifacaArso
Lan
Width
Haight
ITOTALS
W4118
North
e5.75
12
789
East
29
12
348
South
05,75
12
759
West
29
12
348
Sub
4274
Wood
led
FWAP -added
69'5
5.5
am
Cellinp
GWO
06,75
20
11,207
Freer
Carpet
0535
29
1,907
Gallery
26.7
20
745
Jury
17,3
8.7
11511
Bunch Seadvot Areas
I
1
1 24
24
Volume
1 6175
1 29
12
1
22,981
PTNUMMM-MrIMM =.*Jf_MPMII
RaverbaratJon Tlme
IN
EV+A: 110340
MH2
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1 kHz
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M-500hL 5'uSM
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a- 2WUhz SS . 2k
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a 125 hz We M
M-g5nt._, �W.24W
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0.29
609.45
0,10
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0.05
113,70
0.04
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0.07
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0.09
2040
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0,28
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a 22
15400
0.17
11190113
0.09
6111.00
0.10
70,00
OM
7700
FWAP
DIS
751n
am
151,73
UO
303,45
0.00
404M
OAO
404.aa
0.80
ADAM
Callings
GWB
0,29
se-fe
0.10
MISS
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9&34
0,04
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0.07
13147
0.09
171,61
Floor
Carpet Ole
OAS
0534
0.10
LM$o
0.15
2mu1
0.25
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0.35
467.35
0.40
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29,11
0,04
2081
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372T
0,07
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0.07
5217
0.07
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0.40
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0'50
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0,00
120.41
0.70
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O_AQ
91160
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1920
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1920
0.70
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424.82
061
454.03
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0.56
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0.57
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0,90
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141,411
0.92
136.47
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1SID 94
Bench Seating Areas
0,39
938
057
113.611
0.80
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0.84
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zz.os
0.07
20.55
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0.000000 OZODOMD
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0.00 280 29-qlrf=
0.002700
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RaverberagaTi i1mas
(RT. d04.4IV1XS`%44mV)
Eslaing Conditions
11.02
tM
IM
IIAN
11.32
11M
With amuotIc trealooff*urroccuplacl
0,67
IAD
1.03
om
Us
gap
With acoustic mislonent-occupled
a"
lIAMS
am
an
om
OAB
Laltuend
Notes:
1. Fabric wrapped fiberglass pands mounted 3-V AFF to bottom ofwood camica trim
M I
Freeman Justice Center, Key West, Florida
Edward Dugger + Associates, Consultants In ArchfteLltiral Acoustics
Courtrooms "C" & "112"
Surfs cc Arne
Lan
w1ol" I
nNIUM
[TOTALS
North
67'5
12
sic
Bad
29Z
12
354
South
675
12
BID
Welt
29,5
12
364
Subtotal
2,326
Wood
ago
FWAP -added
59.5
85
am
-2,093
GW5
OTS
31-1
1
Floor
client
aTS
31
2,093
Gallery
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31
797
July
17-3
e.7
151
Bench Busting Areas
I
I
1
1 24
U
Volume
1 67,5
1 31
1 12
1
25,110
Reverteration Time
3.00
Loa
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0.00
lza "I 2w H. Soo H. 11013 2wk 4 kHz
MULM
123 Hz
Molls
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a 125 Oz -Ss- 125
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0.29
67512
0.10
252.90
0,05
116.40
0.04
93.12
0.07
102.90
0.09
209.62
Wood
0.28
224,00
0.22
175,00
017
138 OD
0.09
72100
0.10
$0.00
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88M
FWAP
0.15
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15173
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0.80
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0.00
404.50
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0.05
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55,77
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0.05
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120,41
ago
12041
070
106,36.
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0.50
1200,
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15100
0.50
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19.20
070
loss
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725,00
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58.70
057
05,70
ago
120441
084
141.49
0,92
130,47
0.87
130 94
Bench Soallng Areas
039
9.35
057
13,68
0-80
1920
094
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0.92
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0.87
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1.16
I.V
im
I
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us
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1
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0.22
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0.79
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00
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am
Lagand
Nolen:
1. Fabric wrapped fitterglass par rrounted W AFF to boolom of wood garrote him
am I
Freeman Justice Center, Key West, Florida 29-Mar-1111
Edward Dugger + Associates, Consultants in Architectural Acoustics ED+A. 10340
Courtrooms "D"
Surface Ana
Lon
Width I
"Ol.ht
ITOTALS
Wells
No
50,5
12
Gas
East
29.5
12
3"
South
50.5
12
soill
West
29.5
12
364
sub
1,920
Woad
GDO
FWAP -added
57.5
8.5
469
G031log
CANS
50.5
20.5
1,400
Real
Carpet
503
204
1,420
W.-U-9
Gallery
125
29'5
380
Jury
MAC
B 3
go
aGneh Seating Areas
24
24
volume
50.5
29.5
12
17,877
I slr.�T �'_ I . ?i-
Reverberation Time
3.00
LBO
too
a 1.60
P_
1.00
9.90
0.09
in H. no HE M". ink aftift &NH.
Frequency (Hi)
125 141
280 of
Soo RX
I kHz
2wx
4 kHz
Surface M @ tnifn I Area
a - 125 hz S's M
a • 250 he
S's 250
a - = hx Sle WO
a 1000hz Ss IR
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0.29
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t34,40
0.09
172.90
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0.29
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0,22
132.00
017
IM.QID
Dug
54,00
OAD
00.90
0.11
6500
FWAP
0115
73,311
0,30
1le,63
0,80
205.25
080
391,00
0,90
MAID
0.80
391 M
Callings
Gwa
0,29
43ZO3
0.10
tqau
0,05
74.49
0,04
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0.07
1"
0,09
134,08
Flow
Carpet me
U.oS
74,49
0.10
140.98
0.15
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025
372.44
0.35
52141
OAO
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Senlinit-Unaccuptad
Gallery
0.04
1475
0,04
1475
005
1s"
0.07
25.61
0,07
25AM
0.07
2541
Jury
0.40
3599
0,50
4*9*
065
59.43
080
71.01
080
711.91
0-70
6292
Banch Seating Ames
0.40
WGID
0,69
12,00
0,65
to
0,80
1920
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12-ZO
0.70
1500
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Gallery
057
210.10
011
22434
076
278,58
0.66
M13
0,91
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0.8e
31713
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0.39
35,05
0.57
01.24
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0.84
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0L92
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0.07
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Ranch Seating Areas
0,39
9.25
0.57
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1920
0.134
0,02
22.09
0.47
20.86
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0.000730 I3;GS9110
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0.001200 2296Z=
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(RT- 0.049V1XS-a+4mV)
Exhifing Cbriditlans
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121
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1.0
11"
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1.04
am
mee
am
ois
With acoustic meafteM-occuplad
0.03
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0.62
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Edward Dugger + Associates, Consultants in Architectural Acoustics ED+A: 103407
Courtroom A
1.00
0.90
0.80
0.70
0.60
0.150
0.40
0.30
0.20
0.10
0.00
dE
100.00
90.00
80.00
70.00
60.00
C
a
50.00
e 40.00
30.00
20.00
10.00
0.00
Syllable intelligibility
Ratings
Rating
(Ra)STI-value
Unintelligible
0 to 0.3
Poor
0.3 to 0.45
Fair
0.45 to 0.6
Good
0.6 to 0.75
Excellent
0.75 to 1.0
'4fflzTJ--H
S'n (Male) Sn (Female)
STURASTI
%ALcons < 10 % intelligibility is very good
%ALcons < 15% intelligibility is acceptable
%ALcons > 15% intelligibility will be a problem
Freeman Justice Center Courtrooms, Key West, FL 29-Mar-I I
Edward Dugger + Associates, Consultants in Architectural Acoustics ED+A: 10340
Courtroom B
I",
0.70
0.60
0.50
P
a 0.40
12
0.30
0.20
0.10
0.00
E-Illdfi
s'n S" (Male) Sn (Female) RaS'n
STIIRASTI
90.00
80.00
70.00
60.00
R 50.00
z .A 40.00
30.00
20.00
10.00 7.02
0.00
Syllable lintells gib
ill ly Ltatings
AlCons
Rating
(Ra)STI-value
% Alcons
Unintelligible
0 to 0.3
100-33%
Poor
0.3 to 0.45
33-15%
Fair
0.45 to 0.6
15-7%
Good
0.6 to 0.75
7-3%
Excellent
0.75 to 1.0
3-0%
pff, M KM 9 M V VA MI Z -7 117, NT III
Freeman Justice Center Courtrooms, Key West, FL 29-Mar-I I
Edward Dugger + Associates, Consultants in Architectural Acoustics ED+A: 10340
Courtrooms
1.00
0.90
0.80
0.70
0.60
0.50
0.40
0.30
0.20
0.10
0.00
s'n sn (Mai®) Sn (Female) RaS"n
STIIRASTI
100.00
90.00
80.00
70.00
60.00
0 50.00
R 0
40.00
30.00
20.00
10 ' 00
0.00
Syllable intelligibilft
Ratings
Rating
(Ra)STI-value
Unintelligible
0 to 0.3
Poor
0.3 to 0.45
Fair
0.45 to 0.6
Good
0.6 to 0.75
Excellent
0.75 to 1.0
VALMoTMEZ&VA Mi Q I nsUn� eve Z
7.49
VT I=.
Freeman Justice Center Courtrooms, Key West, FL 29-Mar-11
Edward lugger + Associates, Consultants in Architectural Acoustics EI+A: 10340
Courtrooms
1.00
0.90
0.80
0.70
0.60
0.50
0.40
0.30
0.20
0.10
0.00
pul
100.00
90.00
80.00
MOO
60.00
U 50.00
40.00
30.00
20.00
10.00
0.00
Syllable intelligib
ill !y Ratings
Rating
(Ra)STI-value
Unintelligible
0 to 0.3
Poor
0.3 to 0.45
Fair
0.45 to 0.6
Good
0.6 to 0.75
Excellent
0.75 to 1.0
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Freeman Justice Center Courtrooms,! a" West, FL 29-Mar-I I
Edward Dugger + Associates, Consultants in Architectural Acoustics ED+A: 10340
Courtroom A
Oclave Band Sound Pressure Levels
average BG noise level of nine Posifions
MM
MMMMMMMM
nMMMMMMMMMM
Ambient Noise Levels
Room Criteria (RC)
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RC-45
RC40
RC-35
RC-30
RC-25
RC-20
RC-15
Freeman Justice Center Courtrooms, Key_West, FL 29-Mar-11
Edward Dugger + Associates, Consultants in Architectural Acoustics ED+A: 10340
Courtroom B
Octave Band Sound Pressure Levels
DescrMtIon
average BG noise level often positions
Ambient Noise Levels
Room Criteria (RC)
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Notes:
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Edward Dugger + Associates, Consultants in Architectural Acoustics ED+A: 10340
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AMENDMENT• CONTRACT FOR
PROFESSIONAL
BETWEEN OWNER AND
into this 201h day of • - ♦er, 2013, in order to amend the Contract• #
pursuant to Florida Statute 287.055to be d r• for projects
WHEREAS, the Continuing Contract stipulates that a separate contract for each project awarded to the
Architect by the Owner be provided each with specific scopes of work, time schedules, charges and
payment conditions, and additional terms and conditions applicable to that specific contract; and
NOW THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein,
and for other good and valuable consideration, the sufficiency of which hereby acknowledged, the
1. The Continuing Contract for Professional Services dated January 20, 2010 and terminating on
JanuarW 19, 2014 shall be renewed for the first of two one-y,,ear veriods effective on Januarv,, 20, 2014
• terminating January 19,
2. The following shall be added to Article XVII of the original Continuing Contract dated January 20,
2010;
2) Architect shall not disclose, publish, or authorize others to disclose or publish, design data,
drawings, specifications, reports, or other information pertaining to the services performed
by the Architect or other information to which the Architect has had access during the Term
of this Master Agreement without the prior written approval of the County, during the Term
of this Master Agreement and for a period of two (2) years after the termination of this
M?ster AgreemeAt. ;�evex X-eless, tXe A,?Xies 2gree t�2t t�e Arckitect R2y use ai*1117-11110M.
the C4iYAty'S Aame &Fd give a ge?%er2l 1escri�iti*A *f tX-e wirk �rtvile1 �-y t�e Ar6itect fu
the purpose of informing other clients and potential clients of the Architect's work
b) Should the County receive a request for documents pursuant to Chapter 119, Florida
Statutes, Architect shall cooperate with the County to facilitate the County's compliance
with Chapter 119, Florida Statutes. Should the Architect assert any exemptions to the
requirements of Chapter 119 and related statutes, the burden of establishing such
exemption, by way of injunctive or other relief as provided by law, shall be upon the
Architect. Failure by the Architect to cooperate with the County in connection with a PubliLh
Records request shall be grounds for immediate unilateral cancellation of this Master
ZIMMZMWZM3r�
In all other respects, the original Continuing Contract dated January 20, 2010 remains
unchanged.
IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly authorized
,--",.r�.p'6sentative on the day and year first written above.
At es�. MIMIk AVILN, CPA, Clerk BOARD OF COUNTY COMMISSIONERS
A OF MONROE COUNTY, FL9,NDA
All
ze,
Deputy Clerk Mayor/Chairman
WITNESS to Architect's Signature:
B
y:OWITNESSS Sig a e
Print Witness Name
Date: jl S
-1 15
ARCHITECT
By:
(ur ije� *Sards Aguila Architects
011 —
kAIONROE COUNTY ATTORNEY
PROVED AS TO FOI^)
N1 I-11LEENE W OAS S0-
ASSISTANT COUNTY 6\1 I 0i'NEY
Dato - A- - .
CONTRACTFOR
PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECT/ENGINEEIZ
THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND
ARCHITECT/ENGINEER (the "Contract" or "Agreement") is made and entered into by
Mollroe County ("Owner" or "County"), a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040, its successors and
assigns through the Monroe County Board Of County Commissioners ("BOCC-) ' and
CM2MHILL Jnc. , the ( "Architect/Engineer")., whose address is 6410 5 1h Street STE
its successors and assigns.
This contract shall be effective on the date of e-ji
This contract is issued as a continuing contract pursuant to Florida Statute 287.055(2) (g).
'Me professional services required by this Contract are to be rendered for projects in
which the estimated construction costs of each individual project under the contract does
not exceed Two Million Dollars ($2,000,000.00), or for study activity if the fee for
professional services for each individual study under the contract does not exceed Two
Hundred Thousand Dollars ($200,000.00).
The parties shall enter into a separate contract for each project awarded to the
Architect/Engineer by the Owner. The specific services to be performed under these
separate contracts will be determined by the Owner and agreed to by the
Architect/Engineer, Each separate contract will contain specific scope of work, time
schedule, charges and payment conditions, and additional terms and conditions applicable
to that specific contract. Architect/Engineer will be chosen pursuant to Owner policy and
work will be distributed among all contractors who have signed a continuing contract.
The professional services required by this contract will be for services in the form of a
continuing contract, commencing on the effective date of this contract and ending four
years thereafter, with options for Owner to renew on an annual basis for two additional
years.
The terms and conditions of this Contract shall apply to any separate contract, unless
expressly modified in the provisions of the separate contract. Where the terms of this
Contract differ from the terms of the separate contract, the terms of the separate contract
shall take precedence. The separate contract will contain its specific scope of work and it
is anticipated by this Contract that the scope of work in the separate contract will be in
addition to the scope of work outlined in this Contract
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the sufficiency
of which hereby acknowledged, the Owner and the Architect/Engineer agree:
I
MA591M
B; execu. in this Contract, Witc-d Fx, A
-Jual
1.1.1 The Architect/Engineer is a professional qualified to act as the Architect/Engineer
for the Project and is licensed to practice Architecture/Engineering by all public entities
having jurisdiction over the Architect/ Engineer and the Project;
1.1.2 The Architect/Engineer shall maintain all necessary licenses, permits or other
authorizations necessary to act as Architect/Engineer for the Project until the
Architect/Engineer's duties hereunder have been fully satisfied;
- Ii- I 11LIt I -
MUM191
Mill "M � 1111111111101 3
&LMIC-) 1 i - , I -- AMIC4 1#11MFIMM�6 . INffl
1.1.4 The Architect/Engineer shall prepare all documents required by this Contract
including, but not limited to, all contract plans and specifications, in such a manner that
they shall be in conformity and comply with all applicable law, codes and regulations.
The Architect/Engineer warrants that the documents prepared as a part of this Contract
will be adequate and sufficient to accomplish the purposes of the Project, therefore,
eliminating any additional construction cost due to missing or incorrect design elements
in the contract documents;
1.1.5 The Architect/Engineer assumes full responsibility to the extent allowed bylaw
with regards to his performance and those directly under his employ as
Architect/Engineer of Record.
1.1.6 The Architect/Engineer's services shall be performed as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work. The
Architect/Engineer shall submit, for the Owner's information, a schedule for the
performance of the Architect/Engineer's services which may be adjusted as the Project
proceeds if approved by the Owner, and shall include allowances for periods of time
required for the Owner's review, and for approval of submission by authorities having
jurisdiction over the Project. Time limits established by this schedule and approved by
the Owner may not be exceeded by the Architect/Engineer except for delay caused by
events not within the control of the Architect/Engineer or foreseeable by him.
1.1.7 In providing all services pursuant to this agreement, the Architect/Engineer shall
abide by all statutes, ordinances, rules and regulations pertaining to, or regulating such
services, including [hose now in effect and hereinafter adopted. Any violation of said
statutes, ordinances, rules and regulations shall constitute a material breach of this
agreement and shall entitle the COUNTY to terminate this agreement immediately u
delivery of written notice of termination to the Architect/Engineer. P1
P13111"M
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2.1.1 Architect,'Engineer's Basic Services consist of those described in Paragraphs 2.2
through 2.8, and other services identified as part of Basic Services, and include normal,
civil, structural, mechanica4 electrical, studies, assessments, evaluations, and
General Engineering Services including but not limited to transportation,
environmental, storm water, waste water, solid waste engineering and other services
usually provided by Architect or Engineer firms.
2.1.2 The Design for Construction shall include, but shall not necessarily be limited to,
Plans and specifications which describe all systems, elements, details, components,
materials, equipment, and other information necessary for construction. The Design for
Construction shall be accurate, coordinated and in all respects adequate for construction
and shall be in conformity, and comply, with all applicable law, codes, permits, and
regulations. Products, equipment and materials specified for use shall be readily
available unless written authorization to the contrary is given by the Owner. The
Architect/Engineer shall be responsible for designing the Project in accordance with the
analyses and recommendations of the geotechnical information furnished by Owner
2.1.3 These services shall Include, but not be limited to. Preparation and completion of
the design program, space requirements and relationships, schematic design, design
development, preparation of contract documents for bids, preparation and advertisement
for Request for Bids, tabulation and review of bids, recommendation of contract awards,
cost estimating during design and document preparation, administration of contract
documents, consultation and on -site inspections during construction, review and
recommend approval of contractor invoices, preparation and submittal of permit
applications, zoning applications, public presentations and Presentations to the County
Commission. Also included are studies, evaluations, assessments and General
Engineering Services which include but are not be limited to transportation,
environmental, stormwater, wastewater, solid waste en ineering. Architect/Engineer
gi
shall arrange his schedule in order to be available to perform the listed services for one or
for several projects if requested by COUNTY and with the understanding that for any
individual project the construction costs will not exceed the limits under F.S. 287.055
(2)(g).
IMSEM
2..1 The Architect/Engineer shall review the County's program, schedule and
construction budget furnished by the Owner to ascertain the requirements of the Project
and shall arrive at a mutual understanding of such requirements with the Owner.
2.2.2 TheArchitect/Engineer shall review with the Owner's proposed site use and
improvements, required permits, zoning, selection of materials, building systems and
equipment; and method of Project delivery.
2.2.3 The Architect/Engineer shall review with the Owner alternative approaches to
design construction of the Project.
2.2.4 Based on the mutually agreed -upon program, schedule and construction budget
requirements, the Architect/Engineer shall prepare, for approval by the Owner, Schematic
Design Documents consisting of drawings and other documents illustrating the scale and
relationship of Project components.
..5 Upon completion of the Schematic Design Phase, the Architect/Engineer shall
provide drawings, outline specifications, estimate of anticipated cost in accordance with
the schematic designs, d other documents for the Owner's approval and information.
2.2.6 The Schematic Design must be approved in writing, by the Owner prior to
Architect/Engineer continuing to the Design Development Phase.
2.3.1 Upon completion of the Design Development Phase, the Architect/Engineer shall
provide drawings, outline specifications and other documents for the Owner's approval
and information. The Architect/Engineer shall provide an estimate of anticipated costs i
accordance with the design development phase.
Jil
2.4.1 The Architect/Engineer shall provide Drawings and Specifications for the
Owner's review.
2.4.2 The Architect/Engineer shall assist the Owner in the preparation of the necessary
bidding information, bidding forms, the Conditions of Contracts, and the forms of
Agreement between the Owner and the Contractors.
2.4.3 Tile Architect/Engineer's construction documents (plans, specifications, etc.) will
conform to all written codes and regtilations of the federal government, county, state,
111unici pal I ties, agencies and state departments, in effect at the date of this Agreement,
and shall be of such completion as to receive all permits when applied for. If permits are
denied, then the Architect/Engineer will conform the construction documents in such
manner to receive permits upon such plans. Work required from the Architect/Engineer
to conform the documents to federal, state, city, county, or agency specifications and
permit requirements to allow them to be approved shall be completed at no charge or cost
to the Owner.
2.5.1 The Architect/Engineer, following the Owner's approval of the Construction
Documents and the Architect/Engineer's latest estimate of Construction Cost, shall assist
the Owner in obtai
construction.
2.5.2 The Architect/Engineer shall assist the Owner in issuing bidding documents to
bidders and conducting pre -bid conferences with prospective bidders. The
Architect/Engineer, with the assistance of the Owner, shall respond to questions from
bidders, and shall issue addenda.
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE
CONSTRUCTION CONTRACT
2.6-1. The Architect/Engineer's responsibility to provide Basic Services for the
Construction Phase under this Agreement commences with the award of the Contract for
construction and terminates with the issuance to the Owner of the final Project Certificate
for Payment including the submission of all project close-out documents by the
Architect/Engineer and •
Contractor, The Architect/Engineer will administer the Owner's
contract as provided for in that document. 'Me Architect/Engineer agrees to perform a
project check prior to the end of the warranty period as a part of the contract. The check
shall not exceed one working day unless additional time is approved by the Owner.
2.6.2 The Architect/Engineer shall at all times have access to the Work whenever it is
in preparation or progress.
2.6.3 The Architect/ Engineer shall, as contemplated herein and in the Construction
Contract, but not otherwise, act on behalf, and be the agent, of the Owner throughout
construction of the Project. Instructions, directions, and other appropriate
communications from the Owner to the CovAwt?6*r shzn �4 VY t?m
Architect or Monroe County's designated project representative,
2.6.4 The Architect/Engineer shall have authority, after notification to the Owner to
reject Work, which does not conforna to the Contract Documents.
2.6.5 'Me Architect/Engineer shall review and sign or take other appropriate action on
Change Orders and Construction Change Directives prepared by the Owner's
representative for the Owner's approval and execution in accoriftIMIMMAM4 t
Documents.
2.6.6 The Architect/Engineer shall promptly provide appropriate interpretations as
1 ri rg VIF Y-rn V I T I r 1WOMM&—structural, Mechanical and
electrical engineering portions of the work, in accordance with the provisions of the
Construction Contract whenever appropriate.
16-Mij Motor, 11MI3111 $1 M45 4
MMMUITAI
2.6.9 The Architect/Engineer shall interpret and decide matters concerning performaril
*f the Contractor under the requirements of the Contract Documents upon written
:equest.
2.6.10 Interpretations and decisions of the Architect/Engineer shall be consistent with the
intent of and reasonabli inferah
I §LWGJ IMM11" I Eli MUNNUTUMM
2.6.11 The Architect/Engineer shall render written decisions within a reasonable time on
all claims, disputes or other matters in question between Owner and Contractors relating
to the execution or progress of the Work as provided in the Contract Documents.
2.6.12 Duties, responsibilities and limitations of authority of the Architect/Engineer sh
not be restricted, modified or extended without written agreement of the Owner and
Architect/Engineer. i
2.6.13 The Architect/Engineer shall be a representative of and shall advise and consult
with the Owner (1) during construction until final payment to the Contractor is due and
(2) as a Basic Service at the Owner's direction from time to time during the correction
period described in the Contract for Construction,
I . = : *�, •
sign
WON,
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111 NMI
or for
safety precautions and programs in connection with the Work, since these are solely the
Contractor's responsibility under the Contract for Construction. The Architect/Engineer
shall not be responsible for the Contractor's schedules or failure to carry out the work in
accordance with the contract documents. The Architect/ Engineer shall not have control
over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons performing portions of the work.
2.6.16 The Architect/Engineer shall make available to the Owner any personnel or
consultants employed or retained by the Architect/Engineer for the purpose of reviewing,
studying, analyzing or investigating any claims, contentions, allegations, or legal actions
relating to, or arising out of, the design or construction of the project.
2.6.17 The Architect/Engineer shall review any as -built drawings furnished by the
Contractor and shall certify to the Owner that same are adequate and complete.
2.6.18 The Architect/Engineer shall, without additional compensation, promptly correct
any errors, omissions, deficiencies, or conflicts in the work product of the
Architect/Engineer or its consultants, or both.
2.6.19 The Architect/Engineer must reimburse the Owner for any added costs paid by the
Owner during construction that were incurred as the result of aniA- ornission deficimcy, or
conflict in the work product of the Architect/Engineer, its consultants, or both. This
added ex ense is defined as the Wdifferp-fc 4, i I , Aw iwmlli .0
� Affill -wo _1
"t
III the •viu, Tia me acruai com
3.1 GENERAL
3.1.1 The services described in this Article III are not included in Basic Services. They
shall be paid for by the Owner as provided in this agreement as an addition to the
compensation paid for the Basic Services but only if approved by the Owner before
commencement, and as follows:
P, Providing services of Architect/Engineer for other than the previously listed
consulting scope of Project provided as a part of Basic Services.
B. Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted consulting
practice.
C. Providing representation before public bodies in connection with the Project,
upon approval by the Owner.
3.2 If Additional Services are required, such as those listed above, the Owner
shall issue a letter requesting and describing the requested services to the
Architect/Engineer. The Architect/Engineer shall respond with fee proposal to perforl
Ul
e Ment ano a no ice
to proceed from the Owner proceed with the Additional Services.
ARTI LE IV
"UAIC.d
4.1 The Owner shall designate Monroe County Project Management Department or
Engineering Services Department to act on the Owner's behalf with respects to the
Project. The Owner or his designee shall render decisions in a timely manner pertaining
to documents submitted bW the Archite0&--girr4k iimioiz�r &* uLyoie
the orderly and sequential progress of the Architect/Engineer's services. However, the
parties acknowledge that due to Monroe County Policy, Ordinances or State or Federal
Statute there may be times when a decision must be made by the BOCC, in which case
any delay shall not be attributed to Monroe County or its representative.
4.2 Prompt written notice shall be given by the Owner to the Architect/Engineer
they become aware of any fault or defect in the Project or non-conformance with the
Contract Documents, i
4.3 The Owner shall fumish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
Architect/Engineer's services and work of the contractors.
4.4 The Owner's review of any documents prepared by the Architect/Engineer or its
consultants shall be solely for the purpose of determining whether such documents are
generally consistent with the Owner's criteria, as and if, modified. No review of such
documents shall relieve the Architect/Engineer of responsibility for the accuracy,
zdequacy, fitness, suitability or coordination of its work product.
ARTICLE V
5.1 The Construction Cost, if applicable, shall be defined in a contract for the specific
Project.
ARTICLE VI
6.1 The Architect/Engineer covenants and agrees to indemnify and hold harmless
Owner/Monroe County and Monroe Cou t- B d 'I'' untV
Subcontractor(s), occasioned by the negligence, errors, or other wrongful act or omission
of the Architect, their employees, or agents.
6.2 The first ten dollars ($ 10.00) of remuneration paid to the Architect is for the
indemnification provided for above. Should any claims be asserted against the County by
virtue of any deficiency or ambiguity in the plans and specifications provided by the
Architect/Engineer, the Architect/Engineer agrees and warrants that he shall hold the
County harmless and shall indemnify him from all losses occurring thereby and shall
further defend any claim or action on the County's behalf.
6.3 In the event the completion of the project (to include the work of others) is delayed
or suspended as a result of the Architect/Engineer's failure to purchase or maintain the
required insurance, the Architect/Engineer shall indemnify County from any and all
increased expenses resulting from such delays. Should any claims be asserted against
County by virtue of any deficiencies or ambiguity in the plans and specifications provide
by the Architect/Engineer the Architect/Engineer agrees and warrants that
Architect/Engineer hold the County harmless and shall indemnify it from all losses
occurring thereby and shall further defend any claims or action on the County's behalf.
6.4 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
6.5 This indemnification shall survive the expiration or early termination of the
Agreement.
7.1 PERSONNEL
The Architect/Engineer shall assign only qualified personnel toperform any service
concerning the project.
ARTICLE VIII
8.1 PAYMENT
Terms of payment will be governed by state guidelines and/or hourly rates to be approved
by the County. Hourly rates are provided in Exhibit A and are subject to annual
affin-nation. Details of payment will be set out in the specific separate contract.
8.2 REIMBURSABLE EXPENSES
Shall be negotiated and agreed to prior to award of the separate contract, but only to the
extent and the amounts authorized by Section 112.06 1, Florida Statutes; however prior to
incurring any expense written approval for any reimbursable expense must be obtained
from the County.
8.3.1 The Architect/Engineer may not be entitled to receive, and the County is not
obligated to pay, any fees or expenses in excess of the amount budgeted for this
Agreement in each fiscal year (October I - September 30) by County's Board of County
Commissioners. The budgeted amount may only be modified by an affirmative act of the
County's Board of County Commissioners.
8.3.2 AVAILABILITY OF FUNDS. If funding cannot be obtained or cannot be
continued at a level sufficient to allow for continued reimbursement of expenditures for
services specified in this Contract or in the seFjarate contracts for individual i
agreement may be terminated immediately at the option of the County by written notice
of termination delivered to the Architect. The County shall not be obligated to pay for
ani services irovided Me
IVA I I gig I r;Aquilmonly
8.3.3 The County does not guarantee Architect/Engineer any specific amount of work
or contracts under eeme*t.
3-F—W contracts win 6e aetermined "yt e County and agreed to
by the Architect/Engineer. Each separate contract will contain specific scope of work,
time schedule, charges and payment conditions, and additional terms and conditions
applicable to that specific contract. Architect/Engineer will be chosen pursuant to County
policy and work will be distributed among all contractors who have signed a continuing
contract.
8.3.4 Monroe County's perfon-nance and obligation to pay under this contract is
i
contingent u 9 on an annual a W roin*ation e B, in 0.1 A Wa6wiw
9.1 APPLICABLE LAW
This contract is governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and performed entirely in the State. Venue for any
mediation, dispute conferences or litigation arising under this contract must be in Monroe
1�
County, Florida. The Parties waive their rights to a trial by jury.
10.1 OWNERSHIP OF THE PRELIMINARY DESIGN AND THE DESIGN
FOR CONSTRUCTION
10.1 ne Drawings, Specifications and other documents prepared by the
Architect/Eq-uneer for thiLy,
use solely with respect to this project, and the Architect/Engineer shall be deemed the
author of these documents and shall retain all common law, statutory and other reserved
rights, including reproducible copies, of the Architect/ Engineer's Drawings,
10
Specifications and other documents shall not be
projects except by agreement in writing and with appropriate compensation to the
Architect/Engineer.
10.1.2 Submission or distribution of documents to meet official regulatory requirements
or for similar purposes in connection with the project is not to be construed as publication
in derogation of the Architect/Engineer's reserved rights.
10. 1.3 The As -Built drawings and specifications may be furnished by the
Architect/Engineer to the Owner in electronic format in addition to the ori,,ftW4rv-7WW'
documents.
10.1.4 The Owner may utilize the construction documents, As -Built documents, etc. as
required for reference on any necessary future work on the site, and for constructing,
using and maintaining the Project.
ARTICLE XI
The Architect shall not assign its right hereunder, excepting its right to payment, nor sh
it delegate any of its duties hereunder without the written consent of the Owner. ne
Owner and Architect, respectively, bind themselves, their partners, successors, assigns
and legal representatives to the other party to this Agreement and to the partners,
successors, assigns and legal representatives of such other party with respect to all
covenants of this Agreement. I
ARTICLE X11
NO THIRD PARTY BENEFICIARIES
AND INDEPENDENT CONTWGT*R VUALY14
'1141 111171
servant of the Countv. The ArcYitect/Etq.-teer
11111,11 117-Jell
ITA
ount-
The Architect/Engineer does not have the power or authority to bind the ounty in an;J
M
7ftMTMff7ri7er tnan sucti power and authority that is
specifically provided for in this Agreement.
TILL XIII
13.1 INSURANCE
13.1.1 The Architect/Engineer shall obtain insurance as specified and maintain the
required insurance at all times that this Agreement is in effect. Professional Liability
Insurance shall also be maintained as specified. In the event the completion of the project
(to include the work of others) is delayed or suspended as a result of the
Architect/Engineer's failure to purchase or maintain the required insurance, the
Architect/Engineer shall indemnify the County from any and all increased expenses
resulting from such delay.
13.1.2 The coverage provided herein shall be provided by an insurer with an A.M. Besi
Rating of VI or better, that is licensed to do business in the State of Florida and that has
an agent for service of process within the State of Florida. The insurance certificate shall
contain an endorsement providing thirty (30) days notice to the County prior to any
cancellation of said coverage. Said coverage shall be written by an insurer acceptable to
the County and shall be in a form acceptable to the County.
13.1.3 Architect/Engineer shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida.
B. Employers Liability Insurance with limits of $ 100,000 per Accident, $500,000
Disease, -Policy limits. $ 100,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering
claims for injuries to members of the public and/or damages to property of
others arising from use of motor vehicles, including onsite and offsite
operations, and owned, hired or non -owned vehicles, with One Hundred
Thousand Dollars ($100,000.00) combined single limit and One Hundred
Thousand Dollars ($ 100,000.00) annual aggregate.
D. Commercial general liability covering claims for injuries to members of
public or damage to property of others arising out of any covered act or
omission of the Architect or any of its employees, agents or subcontractors or
subconsultants, including Premises and/or Operations, Independent
Contractors; Broad Form Property Damage and a Contractual Liability
Endorsement with Five Hundred Thousand Dollars ($500,000.00) per
occurrence and annual aggregate.
E. Professional liability insurance of Five Hundred Thousand Dollars
($500,000.00) per claim and One Million Dollars ($1,000,000.00) annual
aggregate. If the policy is a "claims made" policy, Architect shall maintain
IN
F. County shall be named as an additional insured with respect to
Architect/Engineer's liabilities hereunder in insurance coverage identified in
Paragraphs
D.
G. Architect/Engineer shall require its subconsultants to be adequately insured at
least to the limits prescribed above, and to any increased limits of
Architect/Engineer if • required by i during
County! pay forfor
subconsultants.
H. Architect/Engineer shall provide ti the Countyof
including those naming the County as an additional insured by including any
subsection thereunder.
14.1 Either party hereto may terminate this contract prior to expiration upon giving
Owner
14.2 The is ':. - by givingother party
sixty (60) days written notice of its intention to do so. Termination expenses shall includrr
expenses available under the contract through the date on the notice of termination and
shall not include any additional services required in order to stop performance of
services, unless aLmeed to in writing ,
ARTICLE XV
ENTIRF, AGREEMENT
15.1 This contract constitutes the form of agreement, the exhibits that are attached and
made . part of the contract, and the documents referred to in the form of y
imposingreement as a
part of this contract. In the event any conflict between any of those contract documents,
the one i, on the Architectcontrol.
15.2 A person or affiliate who has been place on the convicted vendor list ! • r i 1 • i • • • • • • i • following i
or services to a public entity, may not submit a bid on a contract with a public entity for
the property to public entity, may notbe perform work
contractor, supplier, subcontractor, or consultant under a contract with any public entity,
• may notpublic entity in excess of the threshold amount
R
provided in Section 2i Florida # :. period
of 36 months from the date of being placed on the convicted vendor list.
16.1 County and Architect/Engineer agree that all disputes and disagreements shall first
be attempted to be resolved by meet and confer sessions between representatives of each
of the parties. If no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue or issues shall be submitted to mediation before a mediator
mutually agreed to by the parties. The costof i • ` shared equally.
locationproceedings by either party. Request for mediation shall be in writing and sent to the
other party. The parties shall agree on a mediator to hear the dispute.
16.2 Mediation shall be held in Monroe County Florida in a location in Key West; the
be moved only by # of the parties.
i Agreements f in mediationreduced to writing. SI ' 1 by the
representative of each party; however agreements must be approved by the Board of
County Commissioners to be enforceable. Agreements reached in mediation shall be
enforceable as settlement agreements# a jurisdiction• f #
1Nothingr be construed to interfere with a subsequentorder
from any court of competent jurisdiction ordering the parties to enter into mediation after
institution of legal or equitable proceedings.
16.5 Arbitration is specifically rejected by the parties as a method of settling disputes
which arise under this agreement; neither of the parties shall be compelled by the other to
arbitrate a dispute which may arise under this Agreement.
ARTICLE
1'.. 1 I E+ 1 1
authorizeda) Architect/Engineer shall maintain all books, records, and documents directly
pertinent to perfon-nance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Each party to this Agreement or their
#resentatives shall have reasonable and timely access to such recordsof
each other party to this Agreement for public records purposes during the term of the
Agreement ' # for four years followingtermination of Jauditor
repayemployed by the County or Clerk determines that monies paid to Architect'Engineer
pursuant to this Agreement were spent for ywZ?oses not authorized b , thi A
Architect/Engineer shall #nies together with interest calculated pursuant to
55.03, running ftompaid to
KI
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement
shall be govemed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event that
any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the County and Architect/Engineer agree that venue will
lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. The Parties waive their rights to a trial by jury. The County and
Architect/Engineer agree that, in the event of conflicting ' . - Jkkup4q
term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding, pursuant
to Section XVI of this agreement.
C) Severability. If any term, covenant, condition or provision of this
Agreement (or the application thereof to any circumstance or person) shall be declared
invalid or unenforceable to an%, extent by_, a court of comyetent j"Y&K"s
terms, covenants, conditions and provisions of this Agreement, shall not be affected
thereby; and each remaining term, covenant, condition and provision of this Agreement
shall be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Architect/Engineer agree to reform the Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of
the stricken provision.
d) Attomey's Fees and Costs. The County and Architect/Engineer agree that
in the event any cause of action or administrative proceeding is initiated or defended by
any party relative to the enforcement or interpretation of this Agreement, the prevailing
party shall be entitled to reasonable attomey's fees and court costs expenses, as an award
against the non-prevang party, and shall include attorney's fees and courts costs
expenses in appellate proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of tj
Agreement shall bind and inure to the benefit of the County and Architect/Engineer a
their respective legal representatives, successors, and assigns.
f) Authority, Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by law. Each party agrees that it has
had ample opportunity to submit this Contract to legal counsel of its choice and enters
into this agreement freely, voluntarily and with advise of counsel.
g) Claims for Federal or State Aid. Architect/Engineer and County agree that
each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to
further the purpose of this Agreement; provided that all applications, requests, grant
proposals, and funding solicitations shall be approved by each party prior to submission.
IN
h) Adjudication of Disputes or Disagreements, County a
Architect/Engineer agree that all disputes and disagreements shall be attempted to -
resolved under Section XVI of this agreement. If no resolution can be agreed upon with
30 days after mediation, then any party shall have the tight to seek such relief or reme•
as may be provided by this Agreement or by Florida law.
i) Cooperation. In the event any administrative or legal proceeding is
instituted against either p r VIMMI,
of this Agreement, County and Architect/Engineer agree to participate, to the extent
required by the other party, in all proceedings, hearings, processes, meetings, and other
activities related to the substance of this Agreement or provision of the services under
this Agreement. County and Architect/Engineer specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
j) Nondiscrimination. Architect/Engineer and County agree that there will
be no discrimination against any person, and it is expressly understood that upon a
detennination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any party,
effective the date of the court order. Architect/Engineer or County agree to comply with
all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights
Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC
ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of handicaps; 4) ne Age Discrimination Act of
1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of
age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-
616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.
690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from
time to time, relating to nondiscrimination on the basis of disability; 10) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
k) Covenant of No Interest. Arch itect/Engineer and County covenant thal
neither presently has any interest, and shall not a
9M
f," of Ethics. County agreesand employees
recognize and will be required to comply with the standards of conduct for public office
and employees as delineated in Section 112,313, Florida Statutes, regarding, but n
limited to, solicitation or acceptance of gifts; doing business with one's agene
unauthorized compensation; public position, fnflicting employment•
contractual relationship; and disclosure or use of certain information.
i'+ Solicitation/" Architect/Engineeri County warrant
that, in respect to itself, it has neither employed nor retained any company or person,
other than a bona fide employee working solely for it, to solicit or secure this Agreement
and that it has not paid or agreed to pay any person, i !.corporation,individual,y
other than a bona fide employeeworking♦ for y
percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of the provision, the
Architect/Engineer agrees that ♦ !; terminate this
withoutAgreement .! ♦ at its discretion, i offset from♦ owed,
commission,otherwise recover, the full amount of such fee, percentage, * • 1
consideration.
PublicArchitect/Engineeri County shall allow and permil
reasonablef and inspectiondocuments,papers,- other
its possession or under its control subject to the provisions of Chapter 119, Florida
r made or received by the Architect and County in conjunction
Non-WaiverAgreement; and the Architect/Engineer shall have the right to unilaterally cancel this
Agreement upon violation of this provision by County.
of Notwithstanding provisions of Sec. 286.28,
Florida participation of the Architect/En• i' the County
Agreementi the acquisitionof y
insurance coverage, or local government liability insurance pool coverage shall not be
deemed a waiver of immunity to the extent of liabilitycoverage,icontract
entered into by / be required to contain any provision for waiver.
/' Privileges and Immunities. All of the privileges i immunities from
liability, :.. R / ordinances, 1. rules and pensions 1 relief, disability,
workers'compensation,and other benefits which apply 1 the activity of officers,
or i of or employeesof the County, when performing
applyrespective functions under this Agreement within the territorial limits of the County shall
degree i extent to the performance of i duties
agents,such officers, or rf outside /County.
q) Legal Obligations andResponsibilities: M'+ of f f
Statutorynal
or *! intended to, nor shall it be construed
reli i eving any participating entity from any obligation or responsibility imposed upon the
critity by i` to the extent of actual and timely performance ♦ 1
y any
IN
participating entity, in which case the performance may be offered in satisfaction of th*
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the
County, except to the extent permitted by the Florida constitution, state statute, and case
law.
r) Non -Reliance by Non -Parties. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any
third -party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the Architect/Engineer and the County agree that neither the
Architect/Engineer nor the County or any agent, officer, or employee of either shall have
the authority to inform, counsel, or otherwise indicate that any particular individual or
group of individuals, entity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior to, or superior to the community in general or for
the purposes contemplated in this Agreement.
S) Attestations. Architect/Engineer agrees to execute such documents as the
County may reasonably require including a Public Entity Crime Statement, an Ethics
Statement, and a Drug -Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall
be deemed to be a covenant or ai ement of allp member, offic
Monroe County in his or her individual capacity, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or be subject to
any personal liability or accountability by reason of the execution of this Agreement.
u) Americans with Disabilities Act of 1990 (ADA). The Architect will
comply with all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and the assurance by the Architect/Engineer pursuant
thereto.
opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this Agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its
Architect/Engineer agree to ensure that DBE's have the opportunity to participate in the
performance of the Agreement. In this regard, all recipients and contractors shall take all
necessary and reasonable steps in accordance with applicable federal and state laws and
regulations to ensure that DBE's have the opportunity to compete and perform contracts.
The County and the Architect/Engineer and subcontractors shall not discriminate on the
basis of race, color, national origin or sex in the award and performance of contracts,
entered pursuant to this Ageement.
w) Execution in Counterparts. This Agreement may be executed in any
number of counterparts, each of which shall be regarded as an original, all of which taken
IF.,
together shall constitute one and the same instrument and any of the parties hereto may
execute this Agreement by singing any such counterpart.
X) Section Headings. Section headings have been inserted in this Agreement
as a matter of convenience of reference only, and it is agreed that such section headings
are not a part of this Agreement and will not be used in the interpretation of any provision
of this Agreement.
IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
By:
Deputy Clerk
V'3NROE COUNTY ATTORNEY
PROVED As To FQRINJ:
T I L
'A _�r
E W
-'0 ASSISTANT CCU WTYATT(D;:N'EY
■
64_x A��ff_ulf Tl'fl'
1Wn1i -cum
OF MONROE COUNTY, FLORIDA
By:
*Mor/C h1al
I! % Mw
=ngV1neer,,,
By: Z4� �CoiateAjg�ent�
Signature•rporate Agent
--
Print Name of orporate Agent
Date: N ov. go ;;Zo o q
Print Witness Name
Date: - Z424:)-9
END OF AGREEMENT
E
. . t, glualkslials
e ' /
Vehicle Liability
Required Limits
r
°� tr ttt . r ttt F rt ttt
� .:.tit teat � ��-•.
t 1ti r• 1 t1 tat
Aggregate
i' • t• #
SUBCONSULTANTS
The Architect/Engineer/Consultants covenants1 agrees t/ indemnify,1 harmless
and defend Monroe County, its commissioners, officers, employees, agents and servants
ftom any and all claims for bodily injury, includingdeath,r and property
damage, including property owned by Monroe County,and any other losses,damages,
and e• of any kind, includina rrneN's fees- court costsM r'
out of, in connection or by provided Ii by • or
Consultantor any 1': its Subcontractor(s)occasioned by ■
or other wrongfulor omission of !a •including its
Subcontractor(s) in any tier, their officers, employees, servants or agents.
In the event that the completion of the project ! include the workof r delayed
or r e of Architect/Engineer/Consultant's to purchase or
maintain the required Architect/Engineer/Consultantindemnify
Countyr 1 all increased exrensesresultir delap. /. 119
be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans
1 specifications provided by Architect/Engineer/Consultant,
agreestArchitect/Engineer/Consultant
shall hold r and shall indemnifyfrom r occurring thereby
r shall further defend any claim or action on behalf
The first ten t• i t of r paidArchitect/Engineer/Consult
is consideration for the i♦ r provided i' J
but
The extent of liability is in no way limited to, reduced, or lessened by the insuran!
�-equirements contained elsewhere within this agreement, M
11WAIM; E I I I F: I � Rhs PJM. I to] I K&I &6F.Iri -04-1
1,'understand the insurance that will be mwiA,?Av-y —j
in full with all the requirements. Wl cOjjjP'e7'
Respondent CzR_ v-e— &1 C1. (K 0 v 14vpl
Arv,-cA. KajAcwjC,,*-
91
Signature
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the Architect named below. The following
deductibles apply tothe corresponding policy.
POLICY DEDUCTIBLES
General Liability $500,000 Self -Insured Retention
Auto Liabili!y $ 1 MOW
Work2ELCompensation & EMplovers Liability $500,000
_
J.ability policies are X Occurrence X Claims Made
11-2. 1 /01
S i gn"atu e
Print Name: —Stephen Wilson
*As the insurance broker, Marsh will not certify the Indemnification and Hold Harmless
language for CH2M HILL.
FX
Maw
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
GATO BUILDING, ROOM 1-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
• The Response Form
• Lobbying and Conflict of Interest Clause
• Non -Collusion Affidavit
• Drug Free Workplace Form
• Respondent's Insurance and Indemnification Statement
• Insurance Agent's Statement w,'
• Professional and Occupational Licenses W-0,
I have included a current copy of the following processional and occupational livens
rAO K r Oce-v
jCheck mark items aboveas a reminder that thel are included.1
Mailing Address: L 0 51, -t-. ;Z,d'-V_ew K) es-t-
Telephone: qj 3C?57.g!? 15
qp9c�;_
Date- _�bv iR 0, QQCt
Signed: Witness:
(Sea])
(Nae)
(Title)
N
ETHICS CLAUSE
110. 010-1990
MONROE COUNTY, FLORIDA
(Company)
warrants that he/it has not employed, retained or otherwise had act on his/its
behalf any former County officer or employee in violatioii of Sectivr 2
MEMMM
4
4vMsLT-frw I yrf rrziu-a sit -, -f�uwrio
Agreement or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or
employee".
(Si gnature),Oe:��r-�Ltj G%- Mo%j 14nat-%
Date-, No "i - 0- 0
STATE OF: L a
COUNTY OF: ?,X k V,- t�t, �.,- , �
(date b dlk- V- -e- %a � % (name of affiant).
ersonall know to me or has produced
as identification. (type of identification)
Notary Public State of Florida
Clark Knapp
d; MY Commission DD7517671.
Expires 01/2412012
A A A
91
M
My commission expires: e;,)-ZV-Zvt2'
6 ; I * _. a 1 11
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies
that:
VA-2 W\, N-4x —X_
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business
policy of maintaining a drug -free workplace, any available drug counseling, rehabilitatio
and employee assistance programs, and the penalties that may be imposed up
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual servic
that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a conditio
of working on the commodities or contractual services that are under bid, the emplo
will abide by the terms of the statement and will notify the emplour of anX convictinf. o
of any controlled substance law of the United States or any state, for a violatio
occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abus
assistance or rehabilitation program if such is available in the employee's community, o
any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace throug
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully wit
the above requirements. I
Responds Signature cf;xrxLj<6x. 04, t+.o
NOV. PO, e2oq1-
Date
RE
of the city of
according to law on my oath, and under penalty of pedury, depose and say that;
1. 1 am■e-,-
of
the bidder making the Proposal for the project described in the Request for
Qualifications for: XnAva.(6p-
4,&k Q+V cot Z hrgi W�rr-1 t*) 'Ce�- -3wk"4�t-b �
and that [ exectife'd the said'proposal with full authority to do so:
2. the prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or
with any competitor;
3. unless otherwise required by law, the prices which have been quoted in this
bid have not been knowingly disclosed by the bidder and will not knowingly
be disclosed by the bidder prior to bid opening, directly or indirectly, to any
other bidder or to any competitor; and
4. no attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the
purpose of restricting competition;
5. the statements contained in this affidavit are true and correct, and made with
full knowledge that Monroe County relies upon the truth of the statements
contained in this affidavit in awarding contracts for said project.
000, po'Peoc?
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(S i Tgn a f eWo�ndenO��
STATE OF:
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PERSONALLY APPEARED BEFORE ME, the undersigned authority, C-etir<m
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who, after first being sworn by me, (name of inddual signing) affixed
his/her signature in the space provided above on this �LD-"Iday of
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My Commission Expires: �^e
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Monroe County
Continuing Contract for Architectural/ Engineering Services
Professionals -- Engineers, Architects, Planners, Economists, Scientists, Hydrologists,
Hydrogeologists, Geologists
Regional Group Manager
192
Principal Project Manager,
182
Principal Technologist
Senior Project Manager,
167
Senior Technologist
Project Manager, Architect/ Engineering
149
Specialist, Scientific Specialist,
Planning Specialist
Associate Project Manager,
132
Project Architect/ Engineer, Project
Scientist, Project Planner
Associate Architect/ Engineer, Associate
118
Scientist, Associate Planner
Staff Architect/ Engineer 11
104
Staff Architect/ Engineer L Staff
92
Scientist 11, Staff Planner 11
Staff Scientist 1, Staff Planner 1
72
Technicians -- Drafters, Graphic Artists, Computer, Surveyors, Cartographics, Construction
Inspectors
Technician 6
116
Technician 5
ill
Technician 4
99
Technician 3
80
Technician 2
72
Technician 1
64
Technical Aide
55
Office Support
Specification Processor 87
Clerical/Office Support 62
HMOU CONTRACTS GROUPtCLiENT.-PROPOSALS-COWRACTSkMONROE CoUNMMSMINONROE CO E)(HIBITA-2010 RATESDOC