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Item C24Ati A i :A lklo Meeting Daw-AWULZ14 Division: Bulk ir' R ! eia Ali i EMkMajbW^{-jlr +ji ?� I i I i r# r f i "' rr iY i i i wr. r r f i i ri.1 &7 V7 TZ 1.17--,':: i 'Y +arr ' r I= -.1 rr fim . i R'#, ♦ '.. YY rr Mt r f'; : 7 `i= ri: . 1 Y' f i i -'^ii rr rM .11 Mai II YI 1 r 7 it ':i ! 13 i1 : iiii i N1Y -ti • r . ii 4 t 1 I i ,I w7tr: ,$ r 'y :F tirr i r � r i r F--; 1 � i '. 1 r �'. 't.. iy, .ti,.. '.a - t I. f•R i 1 i.: r r '. r � R r!- r - r r• I '. i. ' � r! i Y ' r 1 i I. i i:� : r i f r ': _ r i I R r 'r r .. 1 F.. r r+ ' r , i .-. A r �' r ,.ti i i ':: i, i .+. _. r i t i w <K i i I 1 Y 1.° .•. r N� i r ir° i. r ! i r',.. i i ri iY r f Ur r,i, r� -• wr it rY r ♦.` r r .r:r ::r YTs, , i 'sf Y F.. STAff RECOMMENDATIONS: Approval awed above. . r i TOTAL COST INDIRECT COST: -�BUMETED: Yes —IL—No I tIFERENTIAL OF LOCALE COST TO COUNTY.---- —VA SOURCE OF FUNDS: -�6q REVFAFUE PRODUCING: Yes _No — AMOUNT PER MONTH- Year APPROVED BY: County Atty ON wha !sing Risk Managmueut tS 11111TOICTAW 0 r,, DISPOSITION: NotRequired— i •':!' ii i i i i � i :1' CONTRACT1 i .►►04/16/14 Expiration Date: Contmd i i,r IM 1' ►.: Professional Servicesfor ar Renovation of the acoustics at the Freeman Jusfice Centa Total Dollar Value1 Contruct $ 19,400.00 Current Year #�r Portion:! 'fl.!- No Account Codes: ■ ► / ► i 1 1 / ► CountyMatch: ADDITIONAL is Estimated Ongoing Costs: $----/yr Pon. 1 Owludo it dollar 1 r Irl 1 a 1 1 1 CONTRACT REVIEW Changes Dde Out Date In Needed i ' i Yes[] Noo' Risk Management �LL±. Yes❑ No[] U.M.BJPuw iuiug `� "]-r`� YesO No2l 1��^�'"^- -1 1 County Attorney -ell dnyy Yes❑ Nopc�r�a,' , L•LT2+.1 I-ErIK041ifIUN2:sa CONTRACTFOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECUENGINEER Freeman Justice Center AcousticRenovation •. r • • • • i' • Ci 0! i • WITNESSETH WHEREAS, on f day of 1 i, the parties entered into a Continuing r- • �•. • - .•• • • i•' Mi1'1i1 f1' • • r WHEREAS, on the 20th day of November 2013, the parties entered into a First , L An• • • • • • • WHEREAS, recommendationsfor r • + the acoustics;now • • for other good and valuable consideration,of acknowledged, Owner and Architect agree: 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 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, discuss and discuss whether the anticipated improvements wil I 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+A, CSA Architects, the Owner and members of judiciary and/or Court Administration. Task 2 - Provides for the preparation of bid, permit, and Construction z2+Dz-63 X2rr,-,& se"iit '31ams 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 ♦ one at final installation. I 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 i-ow oualified SQUTd systew VeTAirm-Ar-i Men aro (LJ'11dM11ZS UL Lne . ace, a summary ana comparative report and note any further requirements or options if necessary. One site visit is included in this task by ED+A. A convenient date will be scheduled when the Owner, court representatives and consultants are available • 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 for bids in no more than • (45) •. from receipt • a written notice to proceed Page 2 of 6 for the addition of acoustic panels or fabric to selected walls of the vario courtroom and vestibules as indicated in the Study. i 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. findings will be included. The report will provide conclusions as to the effic-acy ani a -try aM6irrrd+T1ffing;J1rdi may be warranted. Six (6) sets of signed and sealed drawings shall be provided as well as onc. CD. Per Task listed above and authorized in writing by Monroe County Proje Management. i Contract Site visits are to include all costs and expenses incurred by the Architecl CSA and Consultants ED+A REIMBURSABLE EXPENSES A. Site visits beyond the required six (6) above shall 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. F.M. Fees paid for securing approval of authorities having jurisdiction over the project. C. The cost of additional signed and sealed drawings beyond the required six (6). Awf-ktditivial Seir4ces tk?t xty.y ke re.,Nuiret -sk,211 Ve 2)rXr*veV&y tke C;t,&!zry onl�i after receivinii4 an from the County. �MTTN17WYETTY VCT-MTJ' 'M0—A'ff =Iect 6y a proposed lump sum fee, or at the hourly rates lisied below: Principal $175.00 Project Architect $150.00 Project Manager $125.00 TECHNICUNS: Cadd Tech 1 $85.00 Cadd Tech 11 $65.00 &'ice Support Staff $45.00 Task I - ($2,600.00) Task 2 - ($9,400.00) Task 3 - ($3,600.00) Task 4 - ($3,600-00) Total $19,400.00 0116 1 1111114014 M-0 e sal) 014reffl! (a) Keep and maintain public records that ordinarily and necessarily would required by Monroe County in order to perform the service. i. 110" 111 111111111111 L L I L MUS nof eAceea 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 ru, 4 L I re (d) Meet all requirements for retaining public records and transfer, at no cost, Vit 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 recliji ic i I kVj PTO T =0 0 0 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. (SEAL) Attest: AMY HEAVILIN, LIM Witnesses for ArchiXect/Engineen Witness 1: T&kVA.l c,. �-.Dr-t-L-c-j Print Name: ii i Date: I", v,� , i- 1 2,-, j 4- Witness 2: -- loct zue;-ZA I F Q Date:,A4,-.l i , 2-6iq 0 Mayor/Chairman ARC1rrECT/ENG11EER CURRIE SOWARDS AGUIIA ARCHITECTS By:ll Print 7�; e Title- .0 Ltate: STATE OF FLORIDA COUNTY OF MLjVA ebEtVtj On this 11-f day of J (4 1 2014, before me, the undersigned notary public, personally appeared , 1,6(: N. F VI -LA 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 Acoustic Renovation at the Freeman Justice Center, for the purposes therein contained. NOTAR UBLIC My Commission expires: J.Wru - Cmw&ft 9 EE 0=:] EXOM NOMM* 2D, 2014 MONROE COUNTY ATTOR ----9�3ROVEO AS TO Ro It ZLEIX'&N��-C-Wd'-CASSEC AssiSTANT COUNTY ATToF, °qc- y Date STATE OF FLORIDA OEPARtMENT Of BUSINESS AMO PkOrIESSIOMAL REGULAIFIOM BOARD CIFARCMIECTURP&WeMOR DESIGN FLORIDA DEPARTMENT 1121WAIIII hill TrIa ATcH I T---c 'r coRPo—RATUN— OF hr,, IS CURTIFIE0 U,,Jer Lp, ri pqa haptot 481 F 8 BUSINESS ExpWal'onaale. Pcau.�Dlf' AND CURRIE SCVVAROSAGUILAARC PROFESSIONAL REGULATION "' 1"0' LICENSES 3 ClftrAY RiCK `$COT iF,%Me£Qs L11020W-161L GOvERIJOR DISPLAY AS 11FOURPO BY LAW EfRf rARY STATE OF FLORIDA DEPARTMENT Of BUSI14E SS A N D PROFESSIONAk REO ULATION MI r 50AAD OF ARCHITECTURE & INTEROR DESIGN :T ThoARCHITECT Nand Lwow IS 1. 1 CE N SE D Ur4m r the pro a" of C haptai 4 6 1 FS Expimt4odam FES282016 GVRR 1EAUNAT2 145 I4F K NUE SUM tOi DELRAY SEACH FL -134V PICK SCOTT 6:WAD 1AA15,2013 BiOd LINA05WOM8 KEN LAWSON DiS V'LAY AS REOWRED BY LA 5ECREYARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF ARCIAITECTURE & INTERIOR DESIGN RvARC HITFOT Named b.7�ow IS I.IC EN SED Uftd-F 0'A v 0 ve%ig"s of chaplw 46 " F S F AP4 FEJI'Ql fjQbZq r 16 28 zO I & sOkNeIRC& JESIS m iSS NE 41H AVE 1,Tt 101 DELRAY BEACH FL 3U83 S'um W"IMQ "'Wo KaN LAVV'�',OV, DISPLAY AS REQUIRFO By P AW SE(A RETARY STATE OF FLORIDA DEPARTMENT OF BUSINF-58 AND PROFESSIONAL REGULATION BOARD OF ARCHITECTURE A INTERIOR DESIGN The ARCHITECT Nanwd tWow 16 LICENSED Under kilo pyovhiw(A Chap' ca 4 e, I FS Ex"$"U?u FE628,7D16 AGUILA ' JOWN I e5 uElTyAYENUk. SUITE 0% 3,*A84 RIUKSCOTT �7C't-c; Iw iW� GOVARNGR [,I s p I �Ny 5� , jim, Client: 1049. _j CURRISOW DATE (MMIDDIYYYY) ACORO. CERTIFICATE OF LIABILITY INSURANCE 08/19/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. — IIjP__(j0TA1i4T- Ifthecertificate holder is an NOMITICRAL INSURED, the po lFc—y(—ies) must be en_dors_ 0. If SUBROGATION IS WAIVED, Subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT .NAME. — USI Insurance Services, LLC, PHONE813 321-7500 1 813 321-7525 Ext): — 1715 N. Westshore Blvd. Suite 700 , E-MAIL ADDRESS- -7 INSURER(S) AFFORDING COVERAGE NAIC # Tampa, FL 33607 INSURERA: MSA Insurance Company 11066 INSURED INSURER B: Travelers Casualty & Surety Co 31194 Currie Sowards Aguila Architects Inc INSURERC: XL Specialty Insurance Company 185 NE 4th Ave INSURER D Suite 101 INSURER E., Delray Beach, FL 33483 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW 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. ADDLISUBR POLICY EXP FN_SR TYPE OF INSURANCE LIMITS LTR INSR MD.. POLICY NUMBER MMID [YYYY1 [IIIly.) A GENERAL LIABILITY BPG98835 08117/2013 08/171201 EACH OCCURRENCE $1,000 goo X COMMERCIAL GENERAL LIABILITY RR E M I S E SIFa xcwren ra 1 $500,000 CLAIMS -MADE OCCUR DIED EXP {Any one person) .$5,000 PERSONAL A ADA INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPOOP AGA s2,000,000 PRO III _1POUCYL VIEGr I I LOC . .. ... ......... co Ma I NED 8 1 NG LE L Wi T A AUTOMOBILE LIABILITY BPG98835 08/1712013 08117/20Q (6.2,.�de.nlj $1,090,000 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) II AUTOS AUTOS X NON -OWNED _ PROPOM DAMAGE X HIRED AUTOS AUTOS (P Per acc denI UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB 1 CLAIMS -MADE AGGREGATE A DER I RETENTIONS �iX I JOTH- W WORKERS COMPENSATION JTU- IWC A B 0 X UB5436Y349 01/0112013 �1/01/2014 AND EMPLOYERS' LIABILITY YIN ANY PROPRI ETC) R/PARTN ERIEXECUTCE E L. EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? —1 NIA (Mandatory in NH) L E L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 8/24/2013 08/24/2014 C Professional $2,000,000 per claim Liability $2,000,000 anni aggr. CERTIFICATE HOLDER L;ANQIZLL.A I FUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton St. ACCORDANCE WITH THE POLICY PROVISIONS. Room 2-216 Key West, FL 33040 AUTHORIZED REPRESENTATIVE 03�0 1)L 06—CAL-. A01 9 1988-2.UlU AL;UKLJ LrUKFUKAI IUN. All rignys reserveu. ACORD 25 (2010105) 1 of The ACORD name and logo are registered marks of ACORD #S10819832/M10819821 KEBEW CERTIFICATE HOLDER L;ANQIZLL.A I FUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton St. ACCORDANCE WITH THE POLICY PROVISIONS. Room 2-216 Key West, FL 33040 AUTHORIZED REPRESENTATIVE 03�0 1)L 06—CAL-. A01 9 1988-2.UlU AL;UKLJ LrUKFUKAI IUN. All rignys reserveu. ACORD 25 (2010105) 1 of The ACORD name and logo are registered marks of ACORD #S10819832/M10819821 KEBEW CURRIE SOWARDS AGUILA architect" PROPOSAL FOR PROFESSIONAL SERVICES March 20, 2014 &REPTAYOWM I -_ . ..- Monroe County Engineering 1100 Simonton Street, 2-216 Key West, Florida 33040 Re: Freeman Justice Court Room Acoustics Project No. 140302 This confirms your request for CURRIE SOWARDS AGUILA ARCHITECTS (the Architect) to provide 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 Wmwyw*w 2010. 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 three W., 0 49,1W A We. . N 0. W.. I II. SCOPE OF SERVICES The Architect and consultant will approach this engagement by the following four (4) tasks. 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 impleme Should it be determined that the improvements will not be worth the expense, it m be decided that the project concludes at this point. However, if the Owner decides 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 185 NE4th Avenue, Suite 101, Delray Beach, FL 33483 T561-276-4951 F561-243-8184 www.csa-architects.com Aumaim 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 to two site visits are included in this task, one prior to preparation of bid documents to document existing systems, and one upon proiect 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. Ill. DELIZEIRABLES Taskl— No deliverables are anticipated as this is only a face-to-face meeting with Owner staff for discussion ► existing conditions, options, and to receive a direction to proceed. Task 2 - Deliverables include drawings and specifications of proposed wall panels for use by • Owner for solicitation ♦ 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 sound system • necessary equipment. Task4- Deliverable includes a detailed report indicating new acoustical values and comparison to original report findings. In addition, the report will provide conclusio as to the efficacy of the modifications implemented and any additional findings that may be warranted. I IV. SCHEDULE Taskl- A convenient date will be scheduled when the Owner and consultants are available to meet on site. This will need to be on a date on no or limited court activity. Task2- 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 this task. Task 3 - Bid documents will be prepared and delivered to the Owner for bids in no more thar ► (45) days from authorization to perform this task. Task4- Report findings will be prepared and submitted to the Owner in no more than thirty (30) days from Authorization to perform this task. V. FEES Taskl- Fees fort is one -day visit will be a lump -sum fee of Two Thousand Six Hundred Dollars ($2,600.00) and No Cents, including travel expenses. Task2- Fees for this service will be a lump sum fee of Nine Thousand Four Hundred Dollars ($9,400.00) and No Cents. Task3- Fees for this service will be a lump sum • • Three Thousand Six Hundred Dollars ($3,600.00) and No Cents. Task4- Fees for this service will be a lump sum fee of Three Thousand Eight Hundred Dollars ($3,800.00) and No Cents. • combined fees, including site visits as noted above, is Nineteen Thousand Four Hundred 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 fully i;-r.A,1er-nYefAe-1 thaX4-te-n-wil! tf th's C1*W1er*T'3& acoustics. ease relleiv a proceed with one or all tasks. Sincerely, Principal EDWARD DUGGER + ASSOCIATES, P. Consultants in Architectural Acoustics MochanicaliVibration Noise Control and Au d i o/V 1 deoll T Systems Visit Date: 2/18/2011 To: Monroe County Jerry Barnett 1100 Simonton Stre Key West, FIL 33041 Iffism e: Freeman Justice Center Courtrooms Acoustic Study 302 Fleming Street Key West, Florida 33040 ED+A 10340 (final v4) 1, T19ITM, 1=7 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) 286-8361 www.edplusa.com f: (772) 221-1960 AA26000667 Freeman Justice Center Courtrooms, Key West, FL 1 April 2011 1 f �- " � �� , •- .. .G . r �F „ - r, DUGGER + ASSOCIATES, P.A. Consultants in Architectural Acoustics Mechanica I/Vibration Noise Control and 1 . Echo condition from the opposite wall (behind the audience). 2. Difficult conversationthe Jury area • or left•- of the • i 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 '.. • conditions fromGallery. 6. Low background noise levels from the mechanical system. Plaintiff / Defendant Tai - • Lectern • • • • - _ _ • -• r - 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 3. Difficult conversation conditions when using the phone conference function. This is two way telephone device typically located at the Judge's desk with additional microphones on the main ••• 4. Low background noise levels from the mechanical system. 1 . Echo condition from both the Plaintiff/Defendant Tables and Lectern. 2. ••! hearing from the Bench. 3. M • testimony from_ r- -•_ .• and L Distracting noise from the entry door area. 5. Low background noise levels from the mechanical system, except in Courtroom* (due to a roof mounted fan which had a bad bearing during our visit). I 1 SW Long Bay Drive,• • _ 34990 Freeman Justice Center Courtrooms, Key West, FL 1 April 2011 3 HEDWARD DUGGER + ASSOCIATES, P.A. 9W12 Consultants In Architectural Acoustics &UMENNEWUMV 1 +,A Mechanical/Vibration Noise control and - Au d 1 oeoll T Systems FeT I =- 1110 are no :: I - '01-RT1174 I MUM,017"ES 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 t: (772) 286-8351 www.edplusa.com f (772) 221-1960 AA26000667 Freeman Justice Center Courtrooms, Key West, FL 1 April 2011 4 P.A. Mechanical/Vibration Noise Control and .......... RECOMMENDED ACOUSTIC IMPROVEMENTS improvements. - architectural areas are thenbroken down into specific architectural • - - the acoustic desires. substantially decrease problematic reflections. Many complaints in the Courtrooms can be linked to specific acoustic reflections, especially where parallel walls occur. Because sound travels at approximately 1, 100 • • persons in the Courtroomsoften be presented 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• of • • '.. If the time gap between multiple arrivals of sound remains fairly low (less than 30 milliseconds) these multiple arrivals are not a problem. However, strong reflections dela 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 a 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 ihe buildup of sound that masks speech. The STI/RASTI of a Courtroom should fall within the "Excellent" to "Good" range. I 1 SW Long Bay Drive,• •: 34990 Freeman-nter Courtrooms, April 2011 Consultants In Architectural Acoustics Mocha nica I/Vibration Noise Control and 4490 SW Long Bay Drive, Palm City, Florida 34990 Freeman Justice Center Courtrooms, Key West, FL Owl 11 EDWARD DUGGER + ASSOCIATES, P.A. Consultants in Architectural Acoustics Mechanical/Vibration Noise Control and d lo/Video/IT Systems 11 — 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, STI/RASTI ratings, and their existing reverberation fimes. %Ace recirliAS systems within ClivKrzIMS 2reiMXTK2At, tXe filltwing suggestiTtAs ?rZ 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 where 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. % This courtroom is the largest of the six with a general room dimension of 60' wide (North to 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 AA260006 Freeman Justice Center Courtrooms, Key West, FL 1 il Apr 2011 4wAlEDWARD DUGGER + ASSOCIATES, Consultants in Architectural Acoustics Mechanical/Vibration Noise Control and Aud deo/IT 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. 2. Add acoustic treatment (1 /2" thick fabric wrapped fiberglass @ 4 lbs density) to the SouthWall. Install on the wall from the wainscot height to the ceiling. Startthis treatment in the Northwest comer and continue to the short wall in front of the Gallery area. 3. Add acoustically absorptive treatments (1 " thick fabric wrapped TECTU ITU-�. 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. These are three medium size courtrooms of the six with a general room dimension of 311 wide (North to South) and a length of 66' (East to West): 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 /2" 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. Start this treatment in the Northwest corner and continue • the ♦ wall in front •' the Gallery area. 3. Add acoustically absorptive treatments (1 " thick fabric wrapped TECTUh-F1na[e—'— 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. ,t. 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. 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 8 Fi rL EDWARD DUGGER + ASSOCIATES, P.A. Consultants In Architectural Acoustics Mecha nIcaI1VI bration Noise Control and ig 1 0 Aud lo/Video/IT 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. 2. Add acoustic treatment (1/4" thick fabdc 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 (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 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, P.A. Consultants in Architectural Acoustics d UNNOMW 4-A Mechanical/Vibration Noise Control and Aud lolVideoliT Systems VILYMYN7 =1147=0 "0 11-k*siell frA1Q1nr*1073W1"MJ with every Courtroom illustrated showing the exact location, thickness, type, and installation details. We would like to see and review these drawings before the project is issued for bidding. !i1leNTRIM -91MM010110 $- , 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. arti-wriNg'aff - • - er or clarify, please feel 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 AA260006 Freeman Justice Center Courtrooms, Key West, FL 1 April 2011 11 1 XZTJY�� 92im Sudsca Area Lan Width Haight [TOTALS Walls North 6115 12 741 East so 12 720 South 61.76 12 741 West so 12 a Subtotal 2,202 Wood 1,200 FWAP - added 75 6.5 638 Calling GWB 61.75 so 3,706 Floor Carpet 61.75 N 3,705 Seating Gallery 61.75 29 1,791 Jury 9 is 144 Bench Seating Areas 24 24 Volume 61.75 60 12 44.4110 Surface Area CalculaUcins 13-A-- S - a) Reverberation Time 3.00 LBO Lao 1.50 100 0.60 0.00 P Frequency (Nz) ELL= 126Ht 260 Hz 6001,11 1 kHz 2 kHz 4 141,12 Surface Material Area a - 125 hz S®a 125 a - 250 hz -Ta 250 a 500 hx S's SM a. 1000hx B's ik a-2000hz Sle 2k a - 4000hz " 4k Walls Glass/GWB 011 242.22 0.11 242.22 0.11 242.22 0.11 242 0.11 242.22 0.11 24122 Wood 028 330r.00 0." 264.00 0.17 204,00 0,09 108.00 010 12000 0.11 13200 FWAP 0.15 M63 0.30 19126 0.80 3BL60 0,50 510J00 0.80 510M OM 510,00 Collings G W 8 0.29 1,074A5 0.10 370.50 Cos 19626 0.04 T48 20 0.07 25836 0.09 333,46 Floor Carpet We 0.05 16526 0.10 370-50 0.16 0575 025 926 0.35 1,290.75 0.40 1,482.00 Se s8ng-Uneocu pled Gallery 0-04 7183 004 7163 005 8954 0-07 126.36 0.07 12535 M07 125.35 Jury 0-40 67,60, 050 72.00 Us G&W 0.80 115" 0.80 115.20 0.70 100,80 Bench Seating Areas 0.40 9160, 0-50 1200 0-05 I&GO 0-80 19.2111 0.80 19.20 0.70 16180 Gallery 057 1.0CQ73 0.61 1,01U.313 0.75 1.343.08 0.88 1,541105 0.91 1'aQW68 0,80 1,5005 Jury 0.39 53-16 0.57 82ZO 0.00 11520 0.94 1135.38 0.92 132A0 0.87 12520 Bench Seating Areas 039 9.35 0.57 13M 0.80 19-20 0-94 22M 0.92 22.06 0.07 2065 Air Abaorptlon 13 4rnV 0.000000 000M 0.000000 GjalooM 0.000730 3Z46M 0.001280 S&ODUM 0,001280 56208M 0.002700 120.042000 Rom riberatiort times (RT- 0.049*V1jS*a+41nV) Existing Conditions. 11,4111 IAD IAN IA4 1.22 I.M With acoustic butment-unoccupled 1.05 1.37 121 0.97 0.79 0.7111 With acoustic beabi ent-occupled 0.72 0,113 M CAG Oil 0.49 Legend Notes: 1. Fabric wrapped fiberglass panels mounted 3-6' AFF to bottom of wood connice trim Kft I Freeman Justice Center, Key West, Florida Edward Dugger + Associates, Consultants in Architectural Acoustics Courtroom 8 Surface Area Length width I Haight ITOTALS Wails North 85.75 12 789 East 29 12 348 South 85.75 12 799 West 29 12 3" Subtotal 2,274 Wood 100 FWAP -added 695 8.5 Soo Calling GWB 05.75 29 1.907 Floor Carpet 65.75 29 1,907 Seating Gallery 257 29 745 Jury 17-3 81 151 Bench Sealing Areas 24 24 Volume -115.75 29 12 22,ag1 EU= 171� 3.00 Led 1. 0.00 1 125 HI ISO H. no K% I let. 2 lea 4 her Frequency (Hx) 125 Hz 250 Hit 500 Hz I kHz 2 kHz 4 kHz Surface Material Ams, a+ 125 hz S's rM a 250 hz Sle 250 a - 500 hz 8*8 See a - 1 000hz SR Ik a -20GOhZ S-8:2k a • 400011z Sa 4k Wells Glass/GWB 0.29 069.45 0.10 Z27.40 0.05 113.70 0.04 9096 0.07 159,18 0.09 2000 Wood Ole team 0-22 154 W 0.17 11900 0.09 MOD 0.10 7000 0.11 7700 FWAP 0.15 75.es 0-30 151.73 0.60 303.45 0.80 404AO 0.80 404.61 0.80 404.60 Callings, GW8 0.29 5v-96 0.10 1913.68 US 95,34 M04 MV M07 133,47 0.09 11711.61 Floor Carpet His 0.05 0534 0.10 190.6O 0.15 2M.01 0.25 MOD 0.35 6S7.35 0.40 M.70 Seating-Unoccupled Gallery 0.04 29,61 M04 20 81 0.05 37.27 007 52.17 0.07 $217 0.07 5217 Jury 0.40 60.20 0.50 75-M 086 0763 0.80 120.44 0.80 120.41 0.70 105.35 Bench Saming Areas 0.40 9M 0.50 12.00 DAS 15.513 0-80 19,20 0.B0 19.20 0.70 logo Ssaffna*ocuplacl I Gallery 0.57 424,82 0.61 454.63 0.75 SMAB 0.88 640 0.91 6M22 Gas 640.08 Jury 039 50,70 0.57 $579 0.00 120-41 0.94 141,4E 0.92 138A7 0.87 13094 Bench SestIng Areas 0.39 938 0.57 13,8B 0.80 119M 0,94 22.1111 0.92 22.06 067 2MIS AlrAtnwqAlon(R4mV 0,000000 0'.000000 0,000000 0.0OO= 0.000730 18.7931130 0M12110 2920M 0001280 292UBM 0.002700 61.TTWM Reverberation times (RT- 0,09PV1X5*a+4MV) EAsdng Conditions 11.02 IM 11-514 11M IM IM With acoustic beabnent-unoccuPled 0.67 1.09 1.03 0." 0.09 0JIII? With acoustic brestreent-occupled 064 0.76 OA9 am am GAG Legend Notes: 1. Fabric wrapped fiberglass panels mounted 3-V AFF to bottom of wood carnke him Qte 1 Mpr_11. '0111MMIXTMI: Courtrooms "C" & 'T" Surface Area Length Width I Height ITOTALS Walls North 67.5 12 BID East 29.5 12 354 South 57.5 12 BID West 29.5 12 364 Subtotal 2,326 Wood 800 FWAP -added 59.5 8.5 Soo CollIng GWB e7.5 31 2,093 Floor Carpet 87.5 31 2,093 Seating Gallery 2&7 31 797 Jury 17.3 87 151 Bench Seating Areas 24 24 Volume 67.5 31 12 26,110 Surface Area Calculations (3A- 3 ® a I RiTTIM ED+& 10340 Reverberation Time 3.00 zoo 2.00 MM Freque-Y (144 -ei 125 Hz 250 lix 513(1 1 kHz 2 kHg 4 Ml� Is - 125 hz Sa 125 Is - 250 hZ Ve 250 a - GOD bX SS ! SM a - 10001I S's lk a - 2000hz S's 2k Is - 4000hz Spa '4k Surface Notarial Area Will, Glas%tGWB 0.29 875 112 0.10 =.80 0.05 116.40 0.04 93,12 0.07 162.90 0,00 200,52 Wood 0.28 224.00 0.22 178,00 0.17 13800 0.09 Mod 0.10 80.00 0.11 SOAC FWAP 0.15 7&86 010 151,73 0.60 303.45 0,80 404M oleo 4ftSO 0.00 404,60 Callings GWB 0.29 ama 0.10 209,25 0.05 t04,83 0.04 B&TO DA7 140,40 OM left 33 Roar Carpet We Mae 1" 03 0.10 2025 DA5 313,80 025 M&I3 0.35 M39 0.40 83700 So Wit "noccu plod Gallery 0.04 3187 0.04 31,87 0.05 3994 0.07 53.77 0,07 55,77 0.07 35:77 Jury 0-40 6020 0.50 7328 0.85 9703 0.50 120A1 0.80 12041 0.70 105,35 Bench Sealing Areas 0.40 &8D 0.50 12 go 0.65 1500 DAD 191 O'BO 19,20 0.70 isloo Boadng43ccuplad Gallery 0.57 461 081 48589 0.75 59753 0.88 m 16 0.91 72500 0.86 USA8 Jury 039 58,70 057 85111 080 120.411 0-94 141.46 0.92 MOM 0.87 1130 94 Bench Seating Areas 0-39 9.35 0.57 13.68 080 is" 0.94 M56 0.92 22.06 0.07 2DS5 Al r Ablitorlill on Q 4mV OCODOOD O,BMM 0.000000 0.06001M 0,000730 16. 0.001280 32.I 13.00128D 321408M 0M02700 67.797OW Roverbaution. thries (RT= 0o4Ifmv) E)dsbng Conditions 1.16 IM IAS 11.58 11.34 1.24 With aaxj-*Jc btalibrient-unoccupled &99 IA2 IAT Lee 0170 0,62 With acoustic burtment-cocupled OAS &79 %'M 0.60 OA 0A7 Legend Notes: 1. Fabric wrapped fiberglass panels mounted W AFF be bottom of wood cDmlca trim t" I 2UG3UrO3UZ= Courtrooms "D"& 5 urroco Area Lan Width I "eight ITOTALS Wells No 50,5 12 Go@ East 29.5 12 354 South 50.5 12 Gas West 29.5 12 364 Subtotal 1,920 Wood Sao FWAP -added 57Z 8.5 489 callIng GWB 50.5 20.5 1,490 Roper Carpet 505 29.5 1,490 944112 Gallery 12.5 29.5 369 Jury 10.03 8.3 go Bench Seeing Areas 24 24 Volume 50.5 29.5 12 17,677 EU= 9m, Los Lou 1.50 1.00 0.50 0.00 III K. ="L 500 H. I kHz 2011 4 kHz Fratio-W 114Z) FakRy C04*- . 125 Hz 250 RZ 500 Hz 1 kHz 2 kHz 4 kHz Surroca Mate dal Area a - 125 hz S*v 125 a - 250 hz Va 25D a •500 hz Sla, Goal a - I DOMz Sea Ilk a - 2000hz S-s 2k_ a-4000hZ-1ra Ak Wells Glass/GWB 0.29 55880 0.10 19ZOO 0.05 9600 0.04 70.90 O.D7 134,40 Bog 17180 Wood 0.28 iftoo 0.22 132.00 0.17 102.00 0.139 5440 0.10 80 OD 0.11 Be OD FWAP CAS 73.31 0.30 10,03 080 29325 0.80 301100 0.00 301,00 OAS 391,00 Callings GWB 0.29 43ZO3 0.10 148.96 0.05 74A9 0.04 SIA 0.07 1" 0.09 134.08 Floor Carpet 1119 0.05 7449 0110 148.98 OAS 223.40 0.25 372.44 0.35 521,41 1 OA0 "S90 S"Lln2-Uncoupled Gallery 0.04 1475 0,04 1475 0-05 1844 0.07 25.001 0.07 not OX 25,011 Jury 0-40 3515 050 44-94 065 08.43 OAS 71.91 0.60 7111 070 6202 Bench Seating Areas 0A0 %W DAB 1200 0,05 Ism 0.80 19.20 0.60 19M 0.70 Idea Stating-Occupled Gallery 0.57 210.19 061 224.W 0.75 27858 0.08 3V.13 0.91 335.58 0.88 31713 Jury 0,39 35.08 0.57 51.24 0.80 7191 0.94 8450 0.92 sz70 M87 762D Bench Sealing Areas 0.39 9.35 0.57 13468 0.80 1920 0.94 22JIS 0.92 22.08 0-87 2006 Alt Absorption Q 4MV 0.ODDO00 0.0000011) 0.000000 0.0001301) 0.000730 1&0=0 0.001280 22.M 0.001280 22 0.002700 4S.W9DD ReverboaraWn times (Rr- a#49v1x5a+4mv) Usting Conditions U2 11211 IAT IIAG 1.20 1133 With acaustic Ureatnient-unocct;pled a," 1.04 am Uo am am With amustle Ineatment-occupled Big OJ13 0.74 0693 M22 OAS Legend Notes, 1. Fabric wrapped fiberglass panels mounted 3-6' AFF to bodom of wood cornice trim lots I Freeman Justice Center Courtrooms, Key West, FL 29-Mar-11 MM Mal b1frefo R I MW-Groj a 11�. Al 11, 1.00 0.90 0.80 0.70 0.60 0.50 P 0.40 0.30 0.20 0.10 0.00 s"n ST! (Male) STI (Female) RaSTI W NCO Syllable Intelligibillfty Ratings 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 Good 0.6 to 0.75 7-3% Excellent 0.75 to 1.0 3-0% Alcon =Articulation Loss of Consonants In % 0/6ALcons < 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 ililf1k] 0.90 0.80 0.70 0.60 P 0.50 0.40 0.30 0.20 0.10 0.00 STI B71 (Male) STI (Female) RaS*n Syllable intelligibilily Ratings AJCons Rating (a)STI-value % AIcons 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% Freeman Justice Center Courtrooms, Key West, FL 29-Mar-I 1 M =,- 11 1 M-m �:"a MMic-1-MIT-IMMME Ortril 0.90 0.80 0.70 0.60 p 0.50 ca R' 0.40 0.30 0.20 0.10 0.00 100.00 90.00 80.00 70.00 60.00 0 50.00 e 40.00 30.00 20.00 10.00 0.00 owl I H STI STI (Male) STI (Female) RaSTI Syllable intelligibility Ratin-gs 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 Good 0.6 to 0.75 7-3% Excellent 0.75 to 1.0 3-0% Alcon =Articulation Loss of Consonants in % %ALcons < 10 % intelligibility is very good %ALcons < 15% intelligibility is acceptable %ALcons > 15% intelligibility will be a problem Edward Dugger + Associates, Consultants in Architectural Acoustics ED+A: 10340 a a 0 a It 5 ' 1.00 0.90 0.80 0.70 12 0.60 0.50 WOW 0.30 0.20 0.10 AIIII s'n STI (Male) STI (Female) RaSTI 100.00 90.00 80.00 70.00 60.00 R 0 U 50.00 Z9 40.00 30.00 20.00 10.00 0.00 Syllable intelligibillily Ratings AlCons Rating (Ra)STI-value % Alcons Unintelligible 0 to 0.3 100 Poor 0.3 to 0.45 33-15% Fair 0.45 to 0.6 Good 0.6 to 0.75 7-3% Excellent 0.75 to 1.0 3-0% Alcon =Articulation Loss of Consonants in % %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-11 Edward Dugger + Associates, Consultants in Architectural Acoustics ED+A: 10340 Courtroom A M'MMMM®' Octave Band Sound Pressure Levels .:scrlptlon }i Mn®M MMMMMMMMMMM average BG noise level of nine positions =MMMMMMMMMM Ambient Noise Levels Room Criteria (RC) 90 .- MI ISE Wo Mph IIIWb.5. Mlstfifl-� — &rbn ro b.161M 0 M 60 N; nM. Ma. MMU M�W Apm ---- ---- I— ---- [ ------------ GRAPH 1: Tag Notes: Ln 0 cv LO Octave Band Center Frequencies (Hz) ft�111111111[0. RC-50 RC45 RC40 RC-35 RC-30 RC-25 RC-20 RC-15 Edward Dugger + Associates, Consultants in Architectural Acoustics ED+A: 10340 MIMMMMMMMMMMOescription Octave Band Sound Pressure Levels MMMMMMMMMMM average BG noise level of ten positions MMMMMMMMMMM Ambient Noise Levels Room Criteria (RC) 90 .- 9E rif" 0 20 HE A tl IT) T" I" L7,7 ------ --- ----- --- N 40 C) Je M tD N LID 0 r (N '4 In Octave Band Center Frequencies (Hz) GRAPH 1: Tag I Notes: �' Freeman Justice Center Courtrooms, Key West, FLA 29-Mar-I I Edward Dugger + Associates, Consultants in Architectural Acoustics ED+A: 10340 Courtrooms "C" & "P ve a n d S a u- -n d-P-Fas-s wre Lev a I s average BG noise level often positions Ambient Noise Levels Room Criteria (RC) 90 9M MI RAW& MAN Mbft, *.W I -1 Wd To Wo AWWWwS W% b. WW* wAAA; AAdpW= -- — — — — — MAN= WWWWWWAA WVAA & WAn" WA& 10WA4M — AW = A -WWS— hhbbW ft"W _Wft WT- 'Ay sP 10. —�. OW- AW W— AW, . nW, FWIS. WA. ry TWA W� RIO AWWW', AAAW ----------- ------- -- N M to CIj LO 0 c*4 Lo Octave Band Center Frequencies (Hz) GRAPHI.- ............. Tag Notes: MROMMIM. RC-50 RC-45 RC-40 RC-35 RC-30 RC-25 RC-20 RC-15 Freeman Justice Center Courtrooms, Key West, FL 29-Mar-11 Edward Dugger + Associates, Consultantsin Architectu—ral -Aco-u-S--fi—cs ED+A: 10340 Courtrooms "D" Octave Band Sound Of—essure Levels MMMMMMMMMMM-average BG noise level of se an posifions MMMMMMMMMMM MMMMMMMMMMM MMMMMMMMMMM MMMMMMMMMMM nMMMMMMMMMM -- - Ambient Noise Levels Room Criteria (RC) 90 .- EE fif, fl 17 .............. ........... ...... -- -------- ran 04 kn 0 — A It to Octave Band Center Frequencies (Hz) -- I- - Tag RC 28 H Notes: RC-50 RC-45 RC-40 RC-35 RC-30 RC-25 RC-20 RC-15 Lu -j 0 �: 2 �: < � cn r, z z ro L4) M UJ zw mmm ow, ke w xm-j qm-, M CL W CL W g , - iE * z It IM a §, �_ --,3kv SI MA / § b / | o H| 1' AMENDMENT TO CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHTIECT/ENGI NEER This First Amendment to Contract (hereinafter "Amendment") between Owner and Architect/Engineer ("Owner" or "County") and Currie Sowards Aguila Architects ("Architect/Engineer") is made and entered into this 201h day of November, 2013, in order to amend the Contract as follows: pursuant to Florida Statute 287.055 (2) (g) where services are to be rendered for projects in which the if i-ka fan fe%r Professional Services for each individual stud 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 WHEREAS, in accordance to the Continuing Contract the Professional Services will be for a period Of fOUr NOW THEREFORE, in consideration of the mutual promises, covenants and agreements stated herei and for other good and valuable consideration, the sufficiency of which hereby acknowledged , the Owner and the Architect agree as follows: I 1. The Continuing Contract for Professional Services dated January 20, 2010 and terminating on and terminating January 19, 2015, 2. The following shall beadded to Article XV||ofthe original Continuing Contract dated January ZO a) 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 the purpose of informing other clients and potential clients of the Architect's work 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 Public Records request shall be grounds for immediate unilateral cancellation of this Master unchanged. I IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly authorized xg�pre 'entahve on the day and year first written above. 4AVILN, CPA, Clerk Deputy Clerk WITNESS to Architect's Signature: By. Sig Print Witness Name ,5/1 Date: 14 13 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLDA By: 4 Mayor/Chairman ARCHITECT By : ®T rie 4Sards Aguila Architects MONROE COUNTY ATTORNEY PROVED AS TO Foil ��), N IVINEEK. W C-ASSI-il- ASS1f>TANT ?;OUNTY A-1 -I-OBNEY CONTRACTFOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECUENGINEER THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT/ENGINEER (the "Contract" or"Agreement") is made and entered into by Monroe County ("Owner" or "County"), a political subdivision of the State of Florida, whose address is 11.00 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 134 NE Is" Avenue, Delray Beach, FL 33444, its successors and assigns. This contract shall be effective on the date of execution by the last party signatory tot contract. 1113 The 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 by the Owner. The specific services to be perfornied under these separate contracts will be determined by the Owner and agreed to by the Architect. 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 will be 6mAeA 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 agree, By executing this Contract, Architect makes the following express representations and warranties to the Owner: 1.1.1 The Architect is a professional qualified to act as the Architect for the Project ani is licensed to practice Architecture/Engineering by all public entities having jurisdiction over the Architect/Engineer and the Project; 1.1.2 The Architect shall maintain all necessary licenses, permits or other authorizations necessary to act as Architect for the Project until the Architect's duties hereunder have been fully satisfied; 1.1.3 The Architect shall become famar with the individual Project site and the local conditions under which the Project is to be designed, constructed, and operated prior to entering a separate contract for any specific Project. 1.1.4 The Architect 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 warrants that the documents prepared as a part of this Contract will be adequate and lig Ji i,ijintiliji J if Ihi ct, S there.Wre, eliminating anv additional _ Aulla I I I 11"I IN I MUM we I I Man 8 197-Ift IL■UM ta I W-1 L% I IF" I I NZ I IN It L7WXIJ I 1.1.6 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The Architect shall submit, for the Owner's and Monroe County Project Management Department's information, a schedule for the performance of the Architect's services which may be ad Project - - if aNs�roved bo the Owner. and shall include allowances for periods of time required for the Owner's and Mon -roe County Project Management Department'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 except for delay caused by events not within the control of the Architect or foreseeable by him. 1.1.7 In providing all services pursuant to this agreement, the Architect shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and N shall entitle the CTY to terminate this agreement immediately upon delivery of OUN written notice of termination to the Architect. ARTICLE 11 SCOPE OF ARCHITECT[ENGINEER'S BASIC SERVICE 2.1 DEFINITION e described in Paragraphs 2.2 through 2.1.1 Architect's Basic SCTViCCS Consist of thos and include normal, civil, 2.6, and other SeTViCeS identified as part of Basic Services, structural, mechanical, and electrical engineering services. for Construction shall include, but �maents°ed to, 2.1.2 The Design ribe all details,sscomponents, plans and specifications which describe systems, e esThe Design for equipment, and other information necessary sary eorc onion materials, rdinated and in alcts adequate for construct Construction shall be accurate, COO and lity, and comply, with all applicable law, codes, permits, and shall be In conforn equipment and materials specified for use shall be readily regulations. Products, ion to the contrary is given by the owner. The available unless written authorizat P 'ect in accordance with the analyses Arc hitect shall be responsible for designing the roi and recommendations of the geotechnical information furaished by the owner• s shall include, but not be limited to: Preparation acdde completion of 2.1.3 These service requirements and relationships, schematsign, design the design program for space re nts for bids, preparation and advertisement development, preparation of contract docume mendation of contract awards, tabulation and review of bids, recom contract For Request for Bids, oration, administration of co cost estimating during design and document prepar review and nts, consultation and on -site. inspections during a nstrubm docume preparationnd ittal of permit recommend approval of contractor invoices ons to the County presentations and presentati applications, zoning applications, public pre r to be available to perform the ect shalt arrange his schedule 'in orde itthe Commission. Architect several prq�lects if requested by COUNTY exceed listed services for one or for se otioncosts will not the understanding that for any individual project the CO'stru 1 limits under F,S. 287.055 (2)(g). 2.2 SCHEMATIC DESIGN PHASE - . schedule and construction ® The Architects review the County program 2.21 the requirements of the project and shall budget furnished byte Owner to ascertain arrive at a mutual understanding of such requirements with the owner. ect shall review with the owner and Monroe County Project its, 2.2.2 The Archit posed site use and improvements. required perm Management Department9s pro and equipmenc, and method of Project zoning, selection of materials, building systems delivery. N 2.2.3 The Architect shall review with the Owner and Monroe County Project Project. 2.2.4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. it completion of the Schematic Design Phase, the Architect shall provide drawings, outline specifications, estimate of anticipated cost in accordance with the schematic designs, and other documents for the Owner's approval and the Monroe County Project Management Department's information. 2.2.6 The Schematic Design must be approved in writing, by the Owner prior to Architect continuing to the Design Development Phase. 2.3.1 Upon completion of the Design Development Phase, the Architect shall provi drawings, outline specifications and other documents for the Owner's approval and t Monroe County Project Management Department's information. The Architect shall provide an estimate of anticipated costs in accordance with the design development phase. I 2.3.2 The Design Development Documents must be approved in writing, by the Own�" prior to Architect continuing to the Construction Documents Phase. I 2.4.1 The Architect shall provide Drawings and Specifications for the Owner's and the Monroe County Project Management Department's review. 2.4.2 The Architect shall assist the Owner and Monroe County Project Manageme Department in the preparation of the necessary bidding information, bidding forms, t Conditions of Contracts, and the forms of Agreement between the Owner and the Contractors. I The Architect's construction documents (plans, specifications, etc.) will conform to all written codes and regulations of the federal government, county, state, municipalities, 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 will conform the construction documents in such manner to receive permits upon such plans. Work required from the Architect to conform the documents to federal, state, city, county, or agency specifications and permit ces,aircN?mm�� RX*i-,, ��-fTt4, AiYA4r.- oidWlz�et tk Ova.er. Project Management Department in obtaining bids or negotiated proposals and assist in preparing contracts for construction. 2.5.2 The Architect shall assist the Monroe County Project Management Department in issuing bidding documents to bidders and conducting pre -bid conferences with prospective bidders. The Architect, with the assistance of the Monroe County Project Management Department, shall respond to questions from bidders, and shall issue addenda. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1. The Architect'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 and Contractor. The Architect will administer the Owner's contract as provided for in that document. The Architect 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 shall at all times have access to the or whenever it is in preparation or progress. 2.6.3 The Architect 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 Contractor shall be given to the Contractor by the Architect or Monroe County Project Management Department. lima of gcillclit JFCpal .... 01 r 10JCUL 17 01K, W111U11 �LIICS IML C94110MI LV UIC Documents. M ILI MOW 04IM0111634 11 ["I[s) I frulgen jai E611AIMAL1143110A]MG11 Management Department for the Owner's approval and execution in accordance Contract Documents. 2.6.7 The Architect shall require inspection or re -inspection and testing or retesting c3l the work, to include architectural/engineering, structural, mechanical and electrical eni.meerin.-portions of the work. in accordance with the Drovisions of the Constructiol 2.6.8 The Architect, assisted by the Monroe County Project Management Department, of Final Completion. 2.6.10 Interpretations and decisions of the Architects shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings and submitted on proper Construction Change Directives. QlaIIIIN, sopwi,C6 RULCEN III (40-CNE.1011 UCLVTCC;ll "7111CI Ult k-411LIUCLItUS ICEIR, IR the execution or progress of the Work as provided in the Contract Documents. 2-.6-XV-1he Architect stialt be a representative of and shall advise and co-n-s—ult 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. 2.6.14 The Architect shall transmit to the Owner all manuals, operating instructions, as - built plans, warranties, guarantees and other documents and things required by the Construction Contract and submitted by the Contractor. 2.6.15 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, 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 shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents, The Architect 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 shall make available to the Owner any personnel or consultants employed or retained by the Architect 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 shall review any as -built drawings ftmiished by the Contractor an4i shall certify to the Owner that same are adequate and complete. 2.6. 18 The Architect shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Architect or its consultants, or both. 2.6.19 The Architect must reimburse the Owner for any added costs paid by the Owner during construction that were incurred as the result of any omission, deficienev, or conflict in the work product of the Architect, its consultants, or both. This added expens4 is defined as the difference in cost from that which the Owner would have paid if the work was included in the bid, and the actual cost presented by the Contractor. [email 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: A. Providing services of Architect 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. The Architect shall respond with fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the Owner proceed with the Additional Services. ARTICLE IV 4.1 The Owner shall designate Monroe County Project Management Department to act on the Owner's behalf with respects to the Project. The Owner or Monroe County Project Management Department shall render decisions in a timely manner pertaining to docuinents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect'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 and Monroe County Projecil Management Department to the Architect if they become aware of any fault or defect the Project or non-conformance with the Contract Documents. i 4.3 The Owner shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect's services and work of the contractors. 4.4 The Owner's review of any documents prepared by the Architect 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 of responsibility for the accuracy, adequacy, fitness, suitability *r coordination of its work product. ARTICLE V J 5.1 The Construction Cost, if applicable, shall be defined in a contract for the specific Project. ARTICLE VI 6.1 The Architect covenants and agrees to indemnify and hold harmless O'wner/Monroe County and Monroe County Board of County Commissioners, from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Mon -roe County, and any other losses, damages, and expenses, including attorney's fees, court costs and expenses, which a -rise out of, in connection with, or by reason of services provided by the Architect or its or of the Architect, their employees, or agents, No's virtue of any deficiency or ambiguity in the plans and specifications provided by the Architect, the Architect agrees and warrants that he shall hold the County harmless an shall indemnify him from all losses occurring thereby and shall further defend any clai or action on the County's behalf. I 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's failure to purchase or maintain the required insurance, the Architect 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 the Architect agrees and warrants that Architect 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 shall assign only qualified personnel to perform any service concerning the project. 0 !,we] P AM 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 subject to annual affirmation. 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 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 separate contracts for individual projects, the agreement may be terminated ininiediately at the option of the County by written notice of termination delivered to the Architect. The County shall not be obligated to pay for itf-e-t ling received nrixex votice of I tidy I -n I VIS1 I ag Ini I $I r-Jamammi I rm 8.3.3 The County does not guarantee Architect any specific amount of work or contracts under this agreement. The parties shall enter into a separate contract for each project awarded to the Architect by the County. The specific services to be performed under these separate contracts will be determined by the County and agreed to by the Architect. 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 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 performance and obligation to pay under this contract is o•ntingent gin r fni Commissioners and the il j_jjjj,,jriation bi the Board of County E-70 1014N 1908 110111 Mr-3 NW, I W I I U-0 I I I I PORM8121 I I• L. 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 County, Florida. The Parties waive their rights to a trial by jury. RUEHAUM— -1c"01 10.1 The Drawings, Specifications and other documents prepared by the Architect for this project are instruments of the Architect's service for use solely with respect to this project, and the Architect shall be deemed the author of these documents and shall retain alt common law, statutory and other reserved rights, including reproducible copies, of the Architect's Drawings, Specifications and other documents shall not be used by the Owner or others on other projects except by agreement in writing and with appropriate compensation to the Architect. 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's reserved rights. H 10.1.3 The As -Built drawings and specifications may be furnished by the Architect to the Owner in electronic format in addition to the original As -Built docturients. 10.1.4 The Owner may utilize the construction documents, As -Built documents, etc. required for reference on any necessary future work on the site, and for constructing, using and maintaining the Project. M -,A # vs] R AmJ The Architect shall not assign its right hereunder, excepting its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the Owner. The 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. ARTICLE X11 IL I J&1TW6WJWhiW I MIMIN 0 5M I 1 19,112 MIN "I The Architect is and shall be an independent contractor in the performance of all work, services, and activities under this Agreement and is not an employee, agent or servant of the County."The Architect shall exercise control over the means and manner in which it and its employees perform the work and in all respects the Architect's relationship and the relationship of its employees to the County shall be that of an independent contractor m r-4it a of the Counto. The Architect does not have the Lcower or authority to bind the County in any promise, agreement or representation other than such power and authority that is specifically provided for in this Agreement. 13.1.1 The Architect 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's failure to purchase or maintain the required insurance, the Architect shall indemnify the County from any and all increased expenses resulting from such delay. 13J.2 The coverage provided herein shall be provided by an insurer with an A.M. Best 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. =2211AL11 "14 • SUBM11110 -- C. Comprehensive business automobile and vehicle liability insurance coverinM claims for injuries to members of the public and/or damages to property others arising from use of motor vehicles, including onsite and offsi operations, and owned, hired or non -owned vehicles, with One Hundr Thousand Dollars ($100,000.00) combined single limit and One Milli Dollars ($1,000,000.00) annual aggregate. I D. Commercial general liability covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the A-rchitect 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 One Hundred Thousand Dollars ($100,000.00) per occurrence and annual aggregate. E. Professional liability insurance of Five Hundred Thousand Dollail ($500,000.00) per claim and One Million Dollars ($1,000,000.00) annuJR1 aggregate. If the policy is a "claims made" policy, Architect shall mainta coverage or purchase a "tail" to cover claims made after completion of t project to cover the statutory time limits in Chapter 95 of the Florida Statutes F. County shall be named as an additional insured with respect to Architect liabilities hereunder in insurance coverage identified in Paragraphs I G. Architect shall require its subconsultants to be adequately insured at least the limits prescribed above, and to any increased limits of Architect if required by County during the term of this Agreement. County will not p for increased limits of insurance for subconsultants. IF H. Architect shall provide to the County certificates of insurance or a copy of all insurance policies including those naming the County as an additional insured by including any subsection thereunder. The County reserves the fight to require a certified copy of such policies upon request. EMMU" poonwl.110 14.1 Either party hereto may terminate this contract prior to expiration upon giving seven (7) days written notice to the other in the event that such other party negligently or for any reason substantially fails to perform its material obligations set forth herein. No ten-nination expenses shall be paid by the Owner after the date of notice of termination. 14.2 The Owner may terminate this Contract without cause by giving the other party sixty (60) days written notice of its intention to do so. Termination expenses shall include 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 agreed to in writing by the County and subject to audit for the purpose of verification. 15.1 This contract constitutes of the form of agreement, the exhibits that are attached and made a part of the contract, and the documents referred to in the form of agreement as a part of this contract. In the event any conflict between any of those contract documents, the one imposing the greater burden on the Architect will control. 15.2 A person or affiliate who has been place on the convicted vendor list following conviction for yublic entitil crime ma;i not submit a bid on contract to # or services to a public entity, may not submit a bid on a contract with a public entity fa the property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public enti and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a perio of 36 months from the date of being placed on the convicted vendor list. I 1i L-1 M oil I M -,4 DMI] a III N 181ol 16.1 County and Architect 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 IM mutually agreed to by the parties. The cost of mediation shall be shared equally. The parties agree that mediation is a condition precedent to the institution of legal or equitable proceedings 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 location may be moved only by mutual agreement of the parties. 1,63 Agreements reached in mediation shall be reduced to writing and signed by the I epresentative of each party; however agreements must be approved by the Board of County Commissioners to be enforceable. Agreements reached in mediation shall be e-tforceaW-t- �--tt agreeme-its i-t a-tiv court havi-.tii iurisdiction in Monroe CountL- t6.4 Nothing in this Agreement shall be construed to interfere with a subsequent ord," from any court of competent jurisdiction ordering the parties to enter into mediation aft institution of legal or equitable proceedings. I 16.5 Arbitration is specifically rejected by the parties as a method of settling disputes ter n6gwr by the chke?--�o arbitrate a dispute which may arise under this Agreement. ARTICLE XV11 17.1 The following items are part of this contract: a) Architect shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other ?ablic records purgoses dd for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Architect pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Architect shall repay the monies together with interest calculated pursuant to F.S. Sec. 55.03, running from the date the monies were paid to County. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be perfori-ned 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 agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe Comity, Florida. The Parties waive their rights to a trial by jury. The County and Architect agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution Z of any other administrative or legal proceeding, pursuant to Section XVI of this agreement. C) Severability. If any term, covenant, • or • • this Agreement (or the application thereof to any circumstance or • shall be declared invalid • • to any extent by a court of competent jurisdiction, the remaining terms, covenants, • and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid • shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and • of this Agreement would prevent the accomplishment of the original intent of this Agreement. The • and Architect agree to reform the Agreement to replace any stricken • with a valid provision that comes as close as • to the intent of the stricken provision. d) Attorney's Fees and • The County and Architect 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 ■ the • party shall be entitled to reasonable attorney's fees and court costs expenses, as an award against the • • and shall include attorney's fees and courts costs • in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and • of this Agreement shall bind and inure to the benefit of the • and Architect and their respective legal representatives, • and assigns. 0 Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly ■ 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 • this agreement • voluntarily and with advise of counsel. g) Claims for Federal • State Aid. Architect and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose • this Agreement; • that all applications, • grant proposals, and • solicitations shall • approved by each •. • to submission. h) Adjudication of Disputes or Disagreements. County • Architect agree that all • and disagreements shall be attempted to be resolved under Section XVI • this agreement. If no resolution can be agreed • within 10 • after mediation, then any • shall have the right to seek such relief • remedy as may be provided by this Agreement or by Florida law. i) Cooperation. In the event any ■ • legal proceeding is instituted against either • relating to the formation, execution, performance, or breach of this Agreement, County and Architect agree to participate, to the extent required by the R 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 specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. k) Covenant of No Interest. A-rchitect and County covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its perfori-nance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 1) Code of Ethics. County agrees that officers and employees of the County r"o nize and will be rquired to complo with - - - - - - - - I ",--1YWAkQW and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts-, doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship-, and disclosure or use of certain inforination. in) No Solicitation/Payment. The Architect and County warrant that, in resiect to itself it has neither emitoied nor retained anv comiani or ierson, other than a MIJ IN M HO 070,43411111HROMM6 M I I I&_GMjrdMKWM11M1LUWMU I I I �&W,11107191WMEOWIMIMU OR corpM ",Yr n7m—,7TYPTY than a bona fide employee working solely for it, any fee, commission, 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 agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Public Access. The Architect and County shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Architect and County in conjunction with this Agreement; and the Architect shall have the right to unilaterally cancel this Agreement upon violation of this provision by County. 0) Non -Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28, Florida Statutes, the participation of the Architect and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. P) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q) Legal Obligations and Responsibilities: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the 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 and the County agree that neither the Architect 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 MA or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the con unity in. general or forte purposes contemplated in this Agreement. S) Attestations. Architect 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 agreement of any member, officer, agent or employee of 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 (A A) and Florida Accessibility Code (FAC), current edition, whichever is required for the specific project. 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 pursuant thereto. V) Disadvantaged Business Enterprise (DBE) Policy And Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the 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 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 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 Agreement. 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 together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart, Um 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. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COIJ FLORIDA By - Deputy Clerk Mayor/Chairman Date: I - �qz) CURRIE SOWARDS AGUILA COUNT `I "PrOARCHITECT P's S E F,`- PROV�D TC L N T L E NF E By: ASSISTANT 10S6 4-L 4jila, AIA, Principal Date: WITNESS TO Architect's Signature: Kathleen Davis W, null ML-T-IVJNN►OF I X04" Z ETHICS CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-19911 MONROE COUNTY, Currie Sowards Aguila Architects (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the 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". Principal [Sign um% Date- December 22, 2009 COUNTY OF PALM BEACH personallyby Jos6 N. Aguila, AIA He is NOTARY PUBLIC My commission expires: I I t f 8 %I# YATHC 1•, %.....� . 4C. ' srY CQM4 y� s • dos. bV619 +4 �F F ��R1fl�'� • IT I R � 11 � I I , �� •R 1 r.3 1 � III I I lI Pon 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. • �111117!!I !!F! 11 III file Ign $I LO t; I (Q I I Nal 1&141:90111 rag I I I wif I III Im lilt 1, MIUMAR MWIF-M-41114MM IPA � - 49811211 IZINI Kzx.-40161 .11 65tance later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, • any employee who is r.o convicted. i. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Resi"O' nt's Signature 73 TOTITI, TUORK "*I[IKEeInUMI171TJki ••0 6 . rRX61011WE Nor 1111F He .11111VAIIE44 I am Secreta!y/Principal the bidder making the Proposal for the project described in the Request for Qualifications for: Continuing Contract for Professional Services by Architectural/Engineerin_g_Pirms or Individuals and that I executed the said proposal with full authority t do so, not been knowingly disclo d by the bidder and will not knowingly be discl the bidder prior to bid opening, directly or indirectly, to any other bidder or to a competitor; and 4. no attempt has been made or will be made b the bidder to induce any other perso, partnership or corporation to submit, or not to submit, a bid for the purpose 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. WOUVIORMl re = December 22, 2009 (S7 t1-9f_ftspondent) (Date) ■ 13.41,11.11 CURRIE 9 SOWARDS * AGUILA * ARCHITECTS Robert 0. Currie, FAIA Jess M. Sowards, AIA JoM N. Agufla, AIA 70-yffpz� Principals $175.00 Project Architect $150.00 Project Manager $125.00 CADD Level 1 $ 85.00 CADD Level 11 $ 65.00 Clerical $ 45.00 (;elebrating our 40th Y'D Mi-chit - hiterlOr DeMp•#AA26W1584 134 r1oftema rint Avemie - Debw Beach. FkmVk 33444 • WI-276-4051 • rmu 561-24MIS4 • www.csa-arcbfLeCtS&mn