HomeMy WebLinkAbout12/21/2005 Agreement DANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: December 23, 2005
TO: Richard Collins
County Attorney
ATTN: Kathy Peters
Executive Assistant
FROM: Pamela G. Hancprc "'
Deputy Clerk ��°°
At the December 21, 2005, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Agreement for Special Services between Monroe County
and Currie Sowards Aguila Architects as the new Architects to complete the construction of the
Freeman Justice Building based upon the recommendation of the County Engineer.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: Finance
File/
30- `924516 MONROE COUNIVAimpo fia 45 33 12.09.2005 2/11
AGREEMENT BETWEEN OWNER AND
ARCHITECT CONSULTANT
FOR SPECIAL SERVICES
This AGREEMENT made as of the a/ day of December, 2005, between MONROE
COUNTY("OWNER'),whose address is 100 Simonton Street,Key West Florida,33040 and the
architect,CURRIE SOWARDS AGUILA ARCHITECTS("ARCHITECT),whose address is
134 Northeast First Avenue, Delray Beach, Florida 33444, for THE FREEMAN JUSTICE
BUILDING("PROJECT')in Key West,Florida 33040.
WITNESSETH:
WHEREAS, on October 12, 2005, the COUNTY dismissed Gonzalez Architects from the
PROJECT,thus requiring another architect in order to complete the PROJECT;and
WHEREAS, it was an emergency to hire another architect to proceed with the construction of the
PROJECT and to avoid a work stoppage:and
WHEREAS,the ARCHITECT,CURRIE SOWARDS AGUILA ARUM r,CTS,was available
and willing to complete the PROJECT;
NOW THEREFORE,the OWNER and the ARCHITECT agree as follows:
ARTICLE I
Architect Consulting Services
1. ARCHITECT'S services consist of those described in Paragraphs 2 to 8.
2. Review sad Advise ARCHITECT shall review all documents provided OWNER by
prior architect, including but not limited to plans, schematics, specifications, and
drawings and shall identify and document onus, discrepancies and deficiencies on the
document ARCHITECT shall advise and recommend any alterations,additions,and/or
corrections to said documents that ARCHITECT feels appropriate and/or necessary to
complete the building in a manner consistent with the standards of the industry. The
ARCHITECT stall prepare plans, schematics, specifications, and drawings for the
building when appropriate and observe the work as it progresses for compliance with
plans.
3. Resolution of Document. ARCHITECT shall assist the General Contractor and
OWNER by responding to questions and assisting in resolution of discrepancies and
problems in the construction documents drafted by and provided to the OWNER by
Gonzalez Architects, including but not limited to plan; schematics, specifications, and
drawings; and in providing alternative solutions as requested by the General Contractor
and the OWNER.
4. Modulation of Documents. ARCHITECT shall assist the Omelet Contractor and
OWNER by preparation of modifications to the construction documents drafted by
Gonzalez Architects and shall provide revised construction documents when requested by
the General Contractor or as needed for implementation of the construction of the
PROJECT.The ARCHITECT shall assist in construction administration services
3 05 292 351E MONNOF COUNTY Ali. 4 46 06 12 09.2005 3111
including responses to Request For Information(RF)by the General Contractor and the
OWNER as expeditiously as necessary for the orderly progress of the work.
5. Attendance at Meednes. ARCHITECT, either the Principal Architect or the Project _•
Architect, shall attend weekly site meetings in Key West The Project Architect shall
report immediately on the weekly site meeting to the Principal Architect
6. Document Review.ARCHITECT shall review shop drawings and submittals,and review
applications for payments. The ARCHITECT shall advise the General Contractor
regarding the review of shop drawings and submittals,and applications for payments and
notify of his approval,disapproval, and any suggested modifications in a timely manner
for the orderly progress of the work.
7. Subcontractors.ARCHITECT shall procure,with the authorization of the OWNER,on
an as needed basis the services of a landscape architect, interior designer, structural
engineer,and/or mechanical engineer to further expand on the design and the plans.
8. construction Completion. Upon completion of construction, the ARCHITECT will
perform a close-our review of the project for determination of substantial and floral
completion.
ARTICLE 2
Owner's ResromibiIItks
9. Furnish Information.OWNER shall provide full information regarding requirements of
the project OWNER shall furnish required information as expeditiously as necessary for
the orderly progress of the work.
10. Desln.tion of Representative.OWNER shall designate a representative authorized to
act on the OWNER'S behalf with respect to the Project The OWNER or such authorized
representative shall render decisions in a timely menmer pertaining to documents
submitted by the ARCHITECT in order to avoid unreasonable delay in the orderly
sequential progress of the ARCHITECT'S services.
11. Prior Architect.OWNER agrees to the extent permitted by law to hold harmless and to
indemnify the ARCHITECT from liability and damages arising from negligent acts, or
errors or omissions of the prior ARCHITECT, so long as that negligence or attics or
omissions are solely those of the prior ARCHITECT.
12. ',invited Hold Harmless OWNER agrees to the extent permitted by law to hold
harmless and to indemnify the ARCHITECT from claims arising out of the use of the
documents prepared by the pilot ARCHITECT. OWNER and ARCHITECT agree that
ARCHITECT remains responsible and potentially liable to OWNER for ARCHITECTS
own negligence,errors or omissions, or liability. Nothing in AGREEMENT is meant to
release ARCHITECT from his own negligence, errors or omissions, or liability for his
work or supervision of Subcontractors on PROJECT.
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ARTICLE 3
Subcontractors
13. Definition of Subcontractor. A subcontractor is a person or organization who has a
direct contract with the ARCHITECT to perform any of the work at the site.Nothing in
AGREEMENT shall create any contractual relation between the COUNTY and any
subcontractor hired by the ARCHITECT.
14. Subcontractor Insanuee. ARCHITECT shall require the subcontractors to have
insurance coverage as set out in ARTICLE 5 of AGREEMENT,
ARTICLE 4
Pavements to the Architect
15. Routh,Rate. The ARCHITECT' shall be compensated for services performed at the
following standard hourly rates not to exceed the amount of TWO HUNDRED AND
TWENTY-FIVE THOUSAND DOLLARS AND NO CENTS ($225,000.00). Hourly
rates are listed as follows:
Principal Architect,Robert G.Currie $175.00
Project Architect,Hank Goldman $150.00
Mechanical Engineer 5175.00
Structural Engineer $150.00
Landerap.Arcluteot $150.00
Interior Designer $150.00
Project Manager $125.00
CADD Technician $80.00
Support Staff $45.00
16. Relmbanable Exuenees, Reimbursable Expenses include expenses incurred by the
ARCHITECT and ARCHITECT'S employees in the interest of the PROJECT. All
expenses shill be requested by the ARCHITECT in writing and authorized by the
OWNER in writing. All reimbursable expenses we to be paid on the basis of and in the
amounts authorized pursuant to Section 112.061,Florida Statutes.
a. Expense of transportation and living expenses, in writing, in
connection with out-of-County travel authorized by the
OWNER, but only to the extent and in the amounts authorized
by Section 112.061, Florida Statutes. It is understood that the
ARCHITECT has other projects in the Florida Keys with the
OWNER; if the ARCHITECT visits more than one project he
shall prorate the travel expenses between the projects.
b. Expenses such as long distance telephone calls, mail, shipping
and courier service,copies,and postage to be billed at cost
c. In-house black and white plotting at ante of$8.00 per sheet.
d. In-house color plotting at a rate of$36.00 per sheet.
17. Payment Payments are due and payable FORTY (40) days from the date of the
ARCHITECT'S invoice. All payments due for construction services and not made
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within the applicable time limits shall bear interest at the rate of one percent(1 44) per
month. If the OWNER disputes a portion of the payment request,the undisputed portion
must be timely paid.
18. Majgjoggggs0291g6 ARCHITECT shall maintain all books,records,and documents
directly pertinent to performance under AGREEMENT in accordance with generally
accepted accounting principles consistently applied.
19. jnapecdos of Books and Anditst During the term of Agreement and for four(4)years
following the termination of the Ag,.,dhs.at,the OWNER, acting through its designated
financial officer or other authorized representative, shall have the right to inspect and
audit ARCHITECT'S books of account and other records directly generated regarding
the Project The ARCHITECT retains the right to have its controller or an authorized
representative to be present during the inspection or audit by the OWNER. Ten (10)
business days notice must be given of intent to audit by the OWNER to allow for
scheduling of said presence.Nothing contained within this section waives attorney/client
work product privilege.
20. Access to Books under Chapter 119.COUNTY and ARCHITECT shall allow and
permit reasonable access to, and inspection of all documents,papers, letter or other
materials in its possession or under its control subject to the provisions of Chapter 119,
Florida Statutes, and made or received by either party in conjunction with
AGREEMENT.
ARTICLE 5
Insuranceq
21. ARCHITECT shall provide insurance at the beginning of any work in connection with
AGREEMENT. All insurance policies shall be with insurers authorized and doing
business in Florida.ARCHITECT shall be solely responsible for any and all deductibles
and self insured retentions that the required policies may contain.
a. Worker's Coapensation and Employers Liabiity Insurance -
ARCHITECT shall take out and maintain during the life of
AGREEMENT Workers Compensation Insurance for all his employees
connected with the work of this Project and, in case any work is sublet,
the ARCHITECT shall requite the subcontractor similarly to provide
Workers Compensation Insurance for all of the lager's employees unless
such employees are covered by the protection afforded by the
ARCHITECT. Such insurance shall comply with the Florida Workers
Compensation Law, The minimum limits of such insurance shall be:
(a)Part One—Workers Compensation—Statutory
(b)Part Two—Employers Liability
Bodily Injury by Accident,each accident-51,000,000
Bodily Injury by Disease,each employee-$1,000,000
Bodily Injury by Disease,policy limit- $1,000,000
b. ARCHITECT'S Palle Liability and Property Damage Insaraus-
ARCHITECT shall take out and maintain during the life of this
Agreement Comprehensive General Liability and Comprehensive
Automobile Liability Insurance as shall protect him from claims for
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damage for personal injury,including accidental death,as well as claims
for property damages which may arise from operating under
AGREEMENT whether such operations are by himself or by anyone
directly or indirectly employed by him,and the amount of such insurance •
shall be minimum limits as follows:
c. Architect's Comoreheasive General Liability
$1,000,000 Combined Single limit(CSL)Each Occurrence,
d. Automobile Liability Coverages,
$1,000,000 Combined Single limit(CSL)Each Occurrence,
Coverage under (a), and (b), shall be provided on an occurrence basis
unless otherwise accepted by the OWNER.
e. Subcontractor's Insurance-The ARCHITECT shall require each of his
subcontractors to procure and maintain during the life of this subcontract
insurance of the type specified above with limits of liability acceptable to
the ARCHITECT and the COUNTY.
f. Broad Form Property Damage Coverage. Products & Completed
Operation Coverages - Architects General Liability Policy shall
include Broad Form Property Damage Coverage, Products and
Completed Operations Coverages.
g. Contractual Liability Work Coattacts - The Architect's General
Liability Policy shall include Contractual Liability Coverage designed to
protect the ARCHITECT for contractual liabilities assumed by the
ARCHITECT in the performance of this Agwm.Iat
It Architects Errors and Omissions Ukabmty Insurance. Recognizing
that the work governed by this contract involves the furnishing of
Architectural services, ARCHITECT shall purchase and maintain,
throughout the life of the contract, Architects Errors and Omissions
Liability Insurance which will respond to damages resulting from any
claim arising out of the performance of professional services or any error
or omission of the ARCHITECT arising out of the work ARCHITECT
performs governed by this contract.This insurance shall be maintained in
force for a period of two years after the date of Substantial Completion
of the Project The minimum limits of liability shall be:
$1,000,000 per occurrence/$1,000,000 Aggregate
i. Certificate of Insureaee-OWNER shall be furnished proof coverage of
Insurance as follows. Certificate of Insurance form will be furnished to
the OWNER along with the Contract Documents.
This Certificate shall be dated and show;
(1) The name of the insured ARCHITECT, the specific job by
name and job number,the name of the insurer,the number of
the policy,its effective date,and its termination date.
(2) Certificate of Insurance shall be in the form as approved by
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Insurance Standards Office (ISO) and such Certificate Shall
clearly state all the coverages required in this Section.
(3) Certificate of Insurance shall state that the Monroe County •
Board of County Commissioners is listed as additional insured
on all policies except for Workers Compensation,Automobile
Liability,and ARCHITECT Errors and Omissions Liability.
(4) Owner retains the right to require a certified copy of any
policy required under AGREEMENT and ARCHITECT
agrees to furnish said certified copy within thirty(30)days of
request.
22. £oajpmeat Daman.OWNER and ARCHITECT waive all rights against each other for
loss or damage to any equipment used in connection with the Project and covered by any
property insurance. ARCHITECT shall require similar waivers from all subcontractors
and their sub-subcontractors.
23. Waiver of Subrogation. OWNER waives subrogation against ARCHITECT on all
property and consequential loss policies carried by the OWNER on adjacent properties
and under property and consequential loss policies purchased for the hulk.[ after its
completion.
24. Endorsement If the policies of insurance referred to in this Article require an
endorsement to provide for continued coverage where there is a waiver of subrogation,
the owner of such policies will cause them to be so endorsed, failure to obtain proper
endorsement nullifies the waiver of litigation.
ARTICLE 6
Adjudication of Disputes or llfesneements and Mediation
25. Adindiation of Disputes or Disagreements,OWNER and ARCHITECT agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between the representatives of each of the parties.Either OWNER or ARCHITECT may
request a meet and confer session. If a session date end time cannot be agreed upon
within ten(10) days from the date of the request or if no resohdion can be agreed upon
within twenty(20)days after the first meet and confer session,either party shall have the
right to submit the unresolved issue(s)to mediation.
26. Mediation. OWNER 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 priorto the institution of any other administ ative or
legal proceeding.Mediation shall be scheduled as soon as possible to avoid a stoppage of
work on PROJECT.Either party may institute litigation prior to mediation if timing for
mediation would cause the statute of limitations to rim before the parties could mediate.
Mediation either pro-suit or post—suit initiated and conducted pursuant to AGREEMENT
shall be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
27. No Arbitration. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of
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AGREEMENT,OWNER and ARCHITECT agree that no party to AGREEMENT shall
be required to enter into any arbitration proceedings related to AGREEMENT.
ARTICLE 7
Terwiptioo or Sicueusiop
28. Fadare to Sabstandaly Perform, AGREEMENT may be terminated by either party
upon thirty(30)days'written notice should the other party fail substantially to perform in
accordance with the terms of AGREEMENT through no fault of the party initiating the
termination.
29. Fellers to Mare Pavapt If Owner fails to make payment when due ARCHITECT
may upon seven(7)days' written notice to OWNER, suspend performance of services
under AGREEMENT, Unless payment in full is received by ARCHITECT within seven
(7)days of the date of the notice,the suspension shall take effect without further notice.
IN the event of a suspension of services, the ARCHITECT shall have no liability to
OWNER for delay or damage caused OWNER because of such suspension of services.
30. Terminative Esoeuaee. In the event of termination not the fault of ARCHITECT,
ARCHITECT shall be compensated for services performed prior to termination,together
with Reimbursable Expenses then due. Additional Termination Expenses shall be
computed as ten percent(10%)of the hourly rate but not to exceed ten percent(10%)of
the amount of TWO HUNDRED AND TWENTY-FIVE THOUSAND DOLLARS
AND NO CENTS($225,000.00). No Termination Expenses shall be paid in the event of
termination which is the fault of the ARCHITECT.
ARTICLE 8
RETROACTIVE TO START DATE
31. The terms and conditions of AGREEMENT shall be retroactive to the date
ARCIIITECTS began work on the PROJECT,October 13,2005.
ARTICLE 9
Miscellaneous Pro,Woes
32. Jurisdiction and Venue. AGREEMENT shall be governed by the laws of the State of
Florida Venue for any disputes and/or litigation arising under this AGREEMENT must
be in Monroe County,Florida.
33. Binding Effect, OWNER and ARCHITECT, respectively, bind themselves, their
partners,successors,assigns and legal representatives to the other party to this Agreement
and to the partners, assigns and legal i.,pa....ntatives of such other party with respect to
all covenants of this AGREEMENT.Neither OWNER nor ARCHITECT shall assign this
AGREEMENT without the written consent of the other.
34. No Third Parry Cvatractol RbHa Nothing contained herein shall create any
relationship,contractual or otherwise,with any rights in favor oL any third party.
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35. Contract Construction. AGREEMENT has been earthily reviewed by the OWNER
and the ARCHITECT. Therefore, this Agreement is not to be construed against either
party on the basis of authorship.
36. Nondiscrimination. OWNER and ARCHITECT agree that there will be no
discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any party,
effective the date of the cant order. OWNER and ARCHITECT agree to comply with
all Federal and Florida statutes, and all local ordinances, as applicable, Mating to
nondiscrimination. These include but are not limited to: 1)Title VI of the Civil Rights
Act of 1964 (PL 88-352)which prohibits discrimination on the basis of race, color or
national origin; 2)Title IX of the Education Amendment of 1972, as amended(20 USC
ss.1681-I683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of handicaps; 4). The Age Discrimination Act of
1975,as amended(42 USC ss.6101-6107)which prohibits discrimination on the basis of
age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-
616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, as. 523 and 527 (42 USC ss.
690dd-3 and 290ee-3),as amended,relating to confidentiality of alcohol and drug abuse
patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. a seq.), as
amended, relating to nondiscrimination in the sale,rental or financing of housing;9)The
Americans with Disabilities Act of 1990(42 USC s. 1201 Note),as maybe amended fern
time to tine, relating to nondiscrimination on the basis of disability; 10) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to,or the subject matter of,this Agreement.
37. Cooperation and Invalidity, If any tam, covenant, condition or provision of this
Agreement (or the application thereof to any circumstance or person) shall be declared
invalid or unenforceable to any extent by a court of competent jurisdiction, the
remaining terms, covenants, conditions and provisions of this Agreement, shall not be
affected thereby; and each remaining term, covenant, condition and provision of this
Agreement shall be valid and shall he enforceable to the fullest extent permitted by law
unless the enforcement of the remaining tams„ covenants, conditions and provisions of
this Agreement would prevent the accomplishment of the original intent of this
Agreement. The OWNER and ARCHITECT agree to reform the Agreement to replace
any stricken provision with a valid provision that comes as close as possible to the intent
of the stricken provision.
38. Notice.Whenever either party desires to give notice to the other, such notice shall be in
writing, sent by certified United States mail, return receipt requested, addressed to the
party for whom it is intended at the place and time specified in this Agreement;and the
place fa giving notice shall remain such until it is changed by written notice to the other
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party.For the present,the parties designate the following as the respective places for
giving notice:
•
FOR OWNER: FOR ARCHITECT:
Mr.Larry Chalmers Mr.Robert G.Currie
Facilities Development Currie Sowards Aguila Architects
1100 Simonton Street 134 Northeast First Avenue
Key West Florida,33040 Delray Beach,Florida 33444
39. Approval for Payment COUNTY'S performance and obligation to pay under
Agreement is contingent upon an annual appropriation by the Board of County
Commissioners and the approval of the Board members at the time of Agreement
approval and duration.
40. Soverwe' Tmaanrtv. Nothing in this Agreement shall be construed as a waiver
of any sovereign immunity by COUNTY.
41. Severabilty. COUNTY and ARCHITECT agree that if any paragraphs or provisions of
the Agreement is for any reason unenforceable,the remainder of the Agreement will be
valid.
42. Attorney Fee' and Ca The OWNER 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 AGREEMENT, the prevailing party shall be
entitled to reasonable attorney fee's, court costs, investigative, and out-of-pocket
expenses, as an award against the non-prevailing party, and shall include reasonable
attorney fee's, court costs, investigative, and out-of-pocket expenses m appellate
proceedings.
43. 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 personally liable on AGREEMENT or be subject to any personal liability
or accountability by reason of executing AGREEMENT.
44. Attestations. ARCHITECT agrees to execute such documents as OWNER may
reasonably require,to include a Public Entity Crime Statement,an Ethics Statement,and
a Drug-Free Workplace Statement.
45. Swing/ma Section headings have been inserted in this Agreement as a ater t
convenience for reference only,and it is agreed that such
ch section headings are not part
of this Agreement and will not be used in the interpretation of any provision of'this
Agreement
46. AY}hority. Each party represents and warrants to the other that the execution,
and performance of AGREEMENT have been duly authorized by all necessary
governmental approval,as required by law.
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47. film Agreement. AGREEMENT represents the entire and integrated a&eement
between OWNER and ARCHITECT and supersedes all prior negotiations,
representations or agreements,either written or oral.Agreement may be amended only be
written instrument signed by both OWNER and ARCHITECT with the same formalities
of AGREEMENT.
r E. TNESS WHEREOF the parties hereto have executed this AGREEMENT on the
day of December 2005.
4riR 23 Y�:.
} t I KOLHAGE,CLERK BOARD OF COUNTY
- COMMISSIO RS OF MONROE
\, ,E COUNTY,F A
Clerk
BY:
Mayor/Ch 'rman
Witness
Witness
Attest: ARC ECT
BY
t ben G.Currie
Title: PONTIc�SfE
Witness
04 O .S 141 J
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la0 al YUo ROVED ASCC Rp
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W y�s.r U N E TTON
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