Item D06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 19,2006
Division:
Engineering
Bulk Item: Yes --X-
No
Department: Facilities Development
Staff Contact Person: Jerry Barnett
AGENDA ITEM WORDING: Approval of a Second Amendment to Agreement with Currie,
Sowards, Aguila, Architects for Architect Consultant services at the Freeman Justice Center.
ITEM BACKGROUND: In accordance with Article 4 paragraph 15 of the original Agreement dated
December 21, 2005, the Architect's professional services can not exceed $225,000.00. Because of
additional services not included in their original Agreement, an additional $45,000 is requested to
increase their not to exceed amount of $270,000.00.
PREVIOUS RELEVANT BOCC ACTION: On December 21, 2005, the BOCC approved a contract
with Currie, Sowards, Aguila, Architects (CSA), as the new Architects to complete the construction of
the Freeman Justice Building. On February 15, 2006, the BOCC approved the First Amendment to
Agreement with CSA to include an hourly rate for a CADD Technician Level II to the hourly rate
schedule.
CONTRACT/AGREEMENT CHANGES: Increase the not to exceed amount for professional
services by $45,000.00, from $225,000.00 to $270,000.00. The $25,000.00 allowed for reimbursable
expenses remains unchanged.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $45,000.00
BUDGETED: Yes N/ A
No
COST TO COUNTY: $45,000.00
SOURCE OF FUNDS: Fund 307
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
DIVISION DIRECTOR APPROVAL:
x
APPROVED BY: County Atty ~ OMB/Purchasing
DOCUMENTATION:
Included
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2/05
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Currie, Sowards, Aguila Contract #_
Effective Date: 10/13/05
Expiration Date:
Contract Purpose/Description:
To increase "Not To Exceed" price from $225,000.00 to $270,000.00 for the hourly rate
section of the contract for Architectual Consultant services.
Contract Manager: Ann Riger 4439 Facilities Develop/Stop #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 07/19/06 Agenda Deadline: 07/05/06
CONTRACT COSTS
Total Dollar Value of Contract: $ 295,000.00
Budgeted? YescgJ No 0 Account Codes:
Grant: $ N/ A
County Match: $ N/ A
Current Year Portion: $ 250,400
307 -24003-560620-53031 0-CE060 1
- - - -
-----
- - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director lDat~zn
Changes
Needed
YesONoO
Date Out
Risk Management YesO NoG
t\ ~~ Iv;WO\P
O.M.B./Pur'c1ias-ing _ YesO NoD
County Attorney YesO NoGr
Comments:
OMB Form Revised 2/27/01 Mep #2
SECOND AMENDMENT TO AGREEMENT
BETWEEN OWNER AND ARCHITECT CONSULTANT
THIS SECOND AMENDMENT (herein after "AMENDMENT") to the
AGREEMENT BETWEEN OWNER AND ARCHITECT CONSULTANT
(" AGREEMENT") for the Freeman Justice Building entered into between MONROE
COUNTY ("OWNER") and CURRIE SOW ARDS AGUILA ARCHITECTS
("ARCHITECTS") is made and entered into this 19th day of July, 2006 in order to
amendment the AGREEMENT as follows:
WHEREAS, on the 21st day of December, 2005, the parties entered into the
AGREEMENT for architectural services on the Freeman Justice Center; and
WHEREAS, on February 15,2006, the parties agreed to a FIRST AMENDMENT
TO THE AGREEMENT to include two levels of CAD technicians and therefore two
hourly wages for each CAD technician included in article 4, paragraph 15; and
WHEREAS, ARCHITECT requests that due to additional services performed
beyond Construction Administration, their "Not to Exceed" fee in accordance to Article 4
Paragraph 15 be increased by $45,000.00; now therefore
IN CONSIDERATION of the mutual promises contained herein, the parties
hereby agree as follows:
1. ARTICLE 4, Paragraph 15, the first sentence shall be amended to read as follows:
Hourly Rate. The ARCHITECT shall be compensated for services performed at
the following standard hourly rates not to exceed the amount of TWO
HUNDRED SEVENTY THOUSAND DOLLARS AND NO CENTS
($270,000.00).
2. The remaining terms of the AGREEMENT, not inconsistent herewith, shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date
stated above.
(Seal)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Attest:
ARCHITECT
I
(;~
I
I
(1. Currie, AlA
Jess M. Sowards. AlA
clost: I'L
A 11\
June 8, 2006
Mr. Jerry Barnett
Facilities Development Coordinator
County of Monroe
1 100 Simonton Street
Key West, Florida 33040
13
Re: Freeman Justice Center architectural fees
Dear Jerry:
With regard to our letters of March 2 nd and April 6th, copies attached, we continue to
outline the fact that we have spent a lot of time outside our agreed upon standard
construction administration. As mentioned several Urnes before, we hoped we could
provide this expanded service within our initial upset fee of $225,000, however if you will
refer to the attached spreadsheet, you will see that we are quicl<;.Iy approaching this limit.
Please note that we have just billed for May services in the amount of $30, 157.50 for fees
only.
Additional services performed outside our contract since November 2005 now total
approximately $81,000. We calculate this figure using the time spent to date on Non-
Construction Administration (i.e. curing design defects, creating missing drawings, making
revisions, designing the security system, etc.) in the amount of $56,155.00, ElFS system
drawings in the amount of $9,81 0.00 and approximately $15,000.00 of the billed Interior
Designer fee,
With these additional services, it is now apparent we will exceed this upset fee amount.
Since there is only about $14,500.00 remaining on the approved agreement and it takes
time to get additional monies approved through the Board of County Commissioners, we
are again requesting an increase of the upset fee from $225,000 to $270,000. We feel
sure, barring any unforseen circumstance, that we will not reach this upset amount by
completion of the project. However, if you feel you should ask for more in order to
preclude going back to the commission at a later elate in the event something unforseen
arises, then we wili leave that up to you.
If you have any questions or concerns, I would appreciate your contacting me at your
earliest convenience.
Very truly yours,
Robert G. Currie, AlA
Principal
10 1\ c] 1\ L Y 1\ () II I: 1\ T (j I J 1\ l\ I I: I' /\ 1\ T i'i I: l\ S II II' >
I:') North ast p'irsl Avenue' [) clray [':Ii' II, I"loriej;:l :S:S
\.V cur r
I i\ L 0 I\ I D 1\ I' 11\ c] 0 T II I: Y I: i\ 1\ 2 0 0 0
7 ./j- 51 rax:.5 I .2/1.5..H 1 Bl!, AOO() 227 I
FIRST AMENDMENT TO
AGREEMENT BETWEEN OWNER AND ARCHITECT CONSULTANT
THIS FIRST AMENDMENT (herein after "AMENDMENT") to the
AGREEMENT BETWEEN OWNER AND ARCHITECT CONSULTANT
("AGREEMENT") for the Freeman Justice Building entered into between MONROE
COUNTY ("OWNER") and CURRIE SOWARDS AGUILA ARCHITECTS
("ARCHITECTS") is made and entered into this 15th day of February, 2006, in order to
amend the AGREEMENT, as follows:
WITNESSETH
WHEREAS, on the 21 sl day of December, 2005, the parties entered into the
AGREEMENT for architectural services on the Freeman Justice Center: and
WHEREAS, ARCHITECT has advised of the necessity of having two levels of CAD
technicians and therefore two hourly wages appropriate to the two levels of the CAD
technicians; and
WHEREAS, the new level of CAD technician will have an hourly wage less than the
level already authorized under the AGREEMENT; and
WHEREAS, COUNTY has authorized the amendment to provide for two levels of CAD
technicians and the hourly pay levels for the CAD technicians; now therefore
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree
as follows:
1. ARTICLE 4, paragraph 15 shall be amended to read as follows:
ARTICLE 4
Payments to the Architect
15. Hourlv Rate. The ARCIDTECT 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 $175.00
Structural Engineer $150.00
Landscape Architect $150.00
Interior Designer $150.00
Project Manager $125.00
CADD Technician Level I $80.00
CADD Technician Level D $60.00
Support Staff $45.00
2. The remaining terms of the AGREEMENT, not inconsistent herewith, shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date
BOARD OF COUNTY
C OMMIS SlONE OF MONROE
COUNTY, FLO
By:
Mayor/Chairman
Witness
Witness
Attest:
By:
Title:
MONROE COUNTY ATTORNEY
_. ' PPROVED ~s TgyORM/1
/ e~'
NATILEENE W. CASSEL
ASSISTANT COUNTY ATTORNEY
Date / -:;!.3 ~ CJIP
f7iC
. ORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYY)
01/27/06
PRODUCER THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION
Sun coast Insurance Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P.O. Box 22668 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Tampa. FL 33622-2668
813289-5200 INSURERS AFFORDING COVERAGE
INSURED INSURER A: United States Fidelity & Guaranty
Robert G. Currie Partnership, Inc. INSURER B: St Paul Fire & Marine
d/b/a Currie Sowards Aguila Architects INSURERC: XL Specialty Ins Co
134 N.E. 1st Avenue INSURER D:
I Delray Beach, FL 33444 INSURER E:
Client#: 8905
CURRROB3
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOiWlTHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSR TYPE OF INSURANCE POUCY NUMBER P8jl~Y Ji'::A5~ ~~.fl1iMJo~;w.,N UMlTS
LTR
A GENERAL LIABIUTY BK01938396 08117/05 08117/06 EACH OCCURRENCE $1.000,000
r--
eX- COMMERCIAl GENERAL LIABILITY ARE DAMAGE (Anyone fire) $300.000
f-- ::=J CLAIMS MADE W OCCUR MED EXP (Any one person) $10 000
PERSONAL & ADV INJURY $1.000 000
GENERAL AGGREGATE $2.000.000
GEN'L AGGREGATE L1M IT APPLIES PER: PRODUCTS -CQMPIOP AGG $2,000.000
Il POLICY rxl ~~ nLOC
A ~TOM06ILE UABIUTY BK01938396 08l17!05 08/17/06 COMBINED SINGLE UMIT
ANY AUTO (Ea accident) $1,000,000
-
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per pelllOn)
-
2L HIRED AUTOS BOOIL Y INJURY
$
X NON-OWNED AUTOS (Per accident)
-
- PROPERTY DAMAGE $
(Per ac.cidenl)
":< ~-l.e
1GE UABIUTY 'D\:':-' AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EAAOC $
- .~ AUTO ONLY: $
AGG
EXCESS UABILITY .11 Io.:-Y \ Vp EACH OCCURRENCE $
::::J - OCCUR D CLAIMS MADE liP .~ AGGREGATE $
$
~ DEDUCTIBLE $
RETENTION $ $
B WORKERS COMPENSATION AND BW02172495 01/01/06 01/01/07 X ~~~T{:1N-s' r r;r~-
EMPLOYERS' UABIUTY E.L EACH ACCIDENT 5100,000
E.L DISEASE -EAEMPLOYEE $100,000
E.L DISEASE - POLICY LIMIT $500,000
C OTHER DPR9412364 08124105 08/24106 $1,000,000 per claim
Professional $1,000,000 aggregate
,..,iability
DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Professional Liability is claims made and reported.
RE: Freeman Justice Center
Certificate Holder is an additional insured with respect to general
liability and auto liability.
CERTIFICATE HOLDER I I ADDITIONALINSURED'INSURERLETTER: CANCELLATION
SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Monroe County soee DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TOMAlL3il-DAYSWRlTTEN
1100 Simonton St. NOllCETOTHE CERTIFICATE HOLDERNAMEDmTHELEFT, BUTFAlLURE mDOSOSHALL
Room 2-213 1M POSE NO OBLIGATION OR LIABILITYOF ANYIGND UPON TH E INSURER.ITS AGENTS OR
Key West, FL 33040 REPRESENTATIVES.
~DREPR~
..."., L1 ~
I
ACORD 25-5 (7/97)1 of 2
#S117477/M115996
iUS
@ ACORD CORPORATION 1988
l' i\ I I
:"'00:;
/-j'j
AGREE1'lffiNT BETWiEE.N
}~J"^~][)
FOR
rjjA}f
This AGREEMENT made as of the ,.-;7/ -- day of December, 2005, between MOl\'ROE
COUNTY ("OVlNER"), whose .address is 100 Simonton Street, Key West Florida, 33fJ40 and the
architect, CURRIE SOWARDS AGUilA ARCHITECTS f'ARCHITECr'), whose address is
i34 Northeast First A venue, Dekay Beach, Florida 33444, for TBE FR.EEIVIAi~ JUSTICE
B1JILDING ("PROJECT") in Key West, Florida' 33040.
Vil'fNESSETH:
\VHEREAS, on October 12, 2005, the COUNTY dismissed Gonzalez Architects; from the
PROJECT, thus requiring another architect in order to complete the PROJECT; and
'w'HEREAS, it was an emergency to hire another architect to proceed with the c()nstmcnon of tbe
PROJECT and to avoid a work stoppage: and
WHEREAS, the ARCHITECT, CURRIE SO""VA-.R1)S AGUILA ARCHITECTS. WlliS available
aud willing to complete the PROJECT;
NOW THEREFORE, the OV\lNER and the ARCHITECT agree as foHows:
ARTICLE 1
Architect Consultim! Service~
1, ARCHITECT'S services consist of those described in Paragraphs 2 to 8,
2, Review and Advise. ARCHITECT s.haH revi~' aU documents provided OWNER by
prior architect, including but not limited to plans, schematics, specifications, and
drawings and shall identifY and document errors, discrepmlcies and deficienc:ies on the
documents, ARCHITECT shall advise and recommend sny alterations, additiol!1s, and/or
corrections to SZlid documents that ARCHITECT feels appropriate and/or necessary to
complete the building in a marmer consistent with the standards of the indrustry. The
f1RCmTECT shaH prepare plans, schematics, specifications, and drawings for the
building when appropriate and observe tile work as it progresses for compluance with
plans.
3. Rl;M}hrtioH of DllJcumeD1t~. ARCHITECT shall 3ssist the General COfllltactor and
OWNER by responding to questions and assisting in resolution of discrepancies and
problems in the construction documents drafted by and provided to the O':jiVNER by
Gonzalez Architects, including but 110~ limited to plans, schematics, specificlfltions, and
drawings; and in providing alternative solutions as requested by the General [Contractor
and the 0 \Vl'>TER.
4.
O\VI\lb"R by prepamlion of
.and
shall
the
and
by
revised
\vhen
fbr
of the
the
Sth8U En GOKnstrHctlon
II
1'1 'lEi
I)
in,;:;Juding responses to for
as expeditiously as neci;SSary
(RFI) by the 'Genem] COnllITac10f and
the progress of the work
5. A,tlenda~iCc at Mce\t!El~. ARCHITECT, either the l1>rincipal Memte.::! or the Project
Architect, shall attend weekJy site meetings in Key West The Project }\.rchirect shall
report immedirrtely on the weekly site meeting to the Principal Architect.
6. ~o;cument Review. AllCHITECT shaH review shop drawings and subntittals, and review
applications for payments. The ARCHITECT shaH advise the General Contractor
regarding the review of shop drawings and submittals, and applications for payments and
notify of his approval, disapprova~ and a.."lY suggested modifications in a tim.e1y marmer
for the orderly progress of the work.
7. ~~o,llltracton. ARCHITECT shall procure, with the authorization of the OVINER, on
an as needed basis tile services of a landscape architect, interior designer, structural
engineer, andJor mechanical engineer to further eXpih'ld on the design and the plaus,
8. Q!l!lstru~ti.on Completion. Upon completion of construction, the ARCHiTECT wHI
perform a close-out review of the project for detennination of substantial and final
completion.
ARTICLE-1
Owners R~oIisibilm~
9. Furnish Infonnatioli. OWNER shan 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. Desi2!ll1lltion of Renresenmtive. OWNER shan designate a representative autborized to
act on the OWNER'S behalf with respect to the Project. The OWNER or such authorized
representative shall render decisions in a timely manner pertaining to documents
submitted. by the ARCHITECT in order to avoid unreasonable delay in the orderly
sequential progress of the ARCHITECYS services.
11, flioJ' Ar~hitect. OWNER ~orces to the extent pennitted by law to hold harmless and to
indemnifY the ARCHITECT from liabiLity and damages arising :from negligent acts, Of
errors or omissions of the prior ARCHITECT, so long as that negligence or errors or
omissions are solely those of the prior ARCHITECT.
12. Limited Holq, Harmij.'~. OWNER agrees to the extent pennitted by law to hold
hannless and to illdemnify the ARCHITECT fmm claims arising out of the use of the
documents prepared by the prior ARCHlTEC'T. OWNER and ARCHITECT agree that
ARCHITECT remains responsible and potentially liable to OW"NER for ARCHITECTS
own negligence, errol's or omissions, or liability, Nothing AOREEMENT is meant to
release ARCHITECT from his own. negligence, errors or omissions, Of liability for his
viork or supervision IOf Subcontractor:> on PROJECT,
]\;]
'1.'1
ill
!\ I I
1"
.!,.-"
Definition of SubcQutractor. A subcontractor is a person or organization who h8S a
direct contract \\iith the ARCHITECT to perloml any of the work at the site. Nothing in
AGREEMENT shan create any contractual rdation betvveen the COUNTY and any
subcontractor hired by the ARCHITECT.
14.
~bcontractl!lir Immrnn~. ARCHiTECT shaH require the suocontractors to have
insunnlCe coverage as set out in ARTICLE 5 of AGREEMENT,
ARTICLE 4-
~~
15, Hmlriy Rate. The ARCHITECT shaH be compensated for services performed at the
following standard h.ourly rates not to exceed the amount of TWO HUNDRED AND
TWENTY~FlVE THOUSAND DOLLARS AND NO CENTS ($225.000.00). Hourly
rates are iisted-as foHows:
Principal Architect, Robert G, Currie
Project Architect, Hank Goldman
Mechanical Engineer
Stmctural Engineer
Landscape Architect
Interior Designer
Pr~ect Manager
CADD Technician
Support Staff
$175.00
$150.00
$175.00
$150.00
$150.00
$150.00
$125,00
$80.00
$45.00
16.
Reimbursable Expensclb. Reimbmrsable Expenses include expenses incurred by the
ARl.,lll..::CT ;.:i.;d AP.!~HrrECrS employees in the interest of the PROJECT, AU
expenses shaH be requested by tbe ARCHITECT in writing and authorized by the
OWNER in writing. All reimbursable expenses are 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
OWN"ER, 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; jf the ARCHITECT visits more than one project he
shaH prorate the travel expenses beh'Veen the projects.
Expenses such as long distance telephone calls. mail, shipping
Md courier service, copies, a",d postage to be billed at cost.
In-house black white plotting at a rate of $8.00 per
colaf p[otting fit Ii rate of $36JIO per sheet.
b,
~~ ,
-~
C'-.
Ii'? .
3Jxe
dU0
II
.'j / ri
;00;)
'i /11
within the applicable time
month. If the OWNER
must be paid.
a
interest at the mte of one pr..::rcent (l %) per
of the portion
18. Mainrem'm.ce~Q.f Books. ARCHITECT shaH maintain sa books, records, and documents
directly pertinent to performance under AGREEMENf in accordance with generally
accepted accounting principles consistently applied.
19, ~Ills!lection of Books and Audits. During the l:eIT'.l of t\.greement and for four (4) years
following the termjnation of the AgI'eement, the OW1\JER, 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 reco;'ds directly generated regarding
the i'roject. The ARCHITECT retains the right to have its controller or an authorized
representative to be present during the inspection or uudit 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 t~~is section waives attorneyfcHent
work product privilege.
20. Access to Books under Chapter 119, COUNTY (lli{J 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 subjecth! the provisions of Chapter 119,
Florida Statutes, and. made or received by either party in conjunction with
AGREEMENT.
ARTICLE 5
Insurance
21. ARCIDTECT shaH provide insurance at the beginning of any work in connection with
AGREEMENT. All mSUl'aflce policies shall be with insurers authorized and doing
business in Florida. ARCHITECT shall be solely respoLsibJe for any and ail deductibJes
and self insured retentions &at the required policies may eontain,
a. Wm'ker's Compensation and Em.r.Jovers Liability Insurance -
ARCIDTECT shall take out and maintain during the life of
AGREEMENT Worker's Cmnpensatic~J Insurance for all his employees
connected with the work of this Project and, in case any work is sublet,
the ARCHITECT shaH require the SlJrn:ontractor similarly to provide
Worker's Compensation Insurance for aU of the latter's employees unless
such employees are covered by the protection afforded by the
ARCHITECT. Such insurance shall c;)mply with the Florida Worker's
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 - $1,000,000
Bodily Injury by Disease, each employee - $1,000,000
Bodily Injllry by Disease, policy limit - $1,{)OO,OOO
ARCHiTECT shaH t~e out and
Comprehensive General
b"
dl11ring the !ife of this
Liabili%y and
as
.nThl\]
for
/{ I
ill
for injmy, jncluding accidental as ,>,veil as claims
for property damages vihich nlay arise operating under
AGREEl',1ENT whether SliG~ operations are hJmseIf or by anyone
directly or indirectly employed by him, and the amount of such iBsurance
shall be minimum limits as follows:
c. A!lchited's ~ml'rehengive Ge...ei'm Liability
$1,000,000 Combined Singie limit (CSL) EachCkcurrence,
d, ~~utomobne Liability COVelraBCS,
$1,000,000 Combined Single limit (CSL) Each Occurrence,
Covemge under (a), and (b), shall be provided on an occurrence basis
unless otllen-vise accepted by the OWNER.
e. ~u~contractorrYs ImmranC4:: - The ARC~T shaH require each of his
subcontractors to procure and maint.'1in during the life ofthis subcontract,
].nsur<mce of the type specified above vlith limits of liability acceptable to
the ARCHrfECT and the COtJNTY,
1'. !lroad Form Property Dam3.1!c Covem~)Frodncts & Comi}t~!~
(IDei"~ions Coverages - Architect's General Liability PoJicy shall
include Broad Fonn Property Damage Coverage, Products lilnd
Completed Operations Coverages.
g, .{:ontractRal Liability Work Con.tracts - 'The Architect's General
Liability Policy shall include Contractual Liabilhy Coverage designed to
protect the ARCHITECr foe contractual liabilities assumed by the
ARCHITECT in the performance of tillS Agree!!nent.
h. Archi:tocts Errors and Omissions LiabiliLmsu.:rance. Recognizing
that the work govemed by this contmct involves the lllmishing of
Architectural serviws, ARCHITECT shall purchase and maintain,
thrOlJghout the lire of the contract, Architec,f,'l Errors and Omissions
Liability Insurance which will respond to dan, ages 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 ARCInTECT
performs govemed by this contract. This insurance shall be maintained in
force for a period of 1\.\'0 years after the date of Substantial Completion
of the Project. The minimum limits .of liability shall be:
$1,000,000 per occurrence 1$1,000,000 Aggregate
L Ct'rrtm~'are of InsMJral!1lCe - OWN'ER shall be fUl'nIshed proof c.overnge of
Insurance as follows. Certificate of Insurance form will be furnished to
the OW'NER along with the CDntract Documems.
This Certi.ficate shaH be dated and show:
(1) The fHlnlle of t"1e
name llild job
the
the name oIJhe
and ITS t{;rmination dare.
the
r:f
aSl
h
II
1/J >"1
1 Dc)
Insurance Standa.r.as Office (ISO) mnd. such Certificate shgl!
clearly state all the coverages in this Section.
(3) Certificate of Insumnce shall stat<:;: that the l\t1onroe Connty
Board of County Commissioners is listed as additional insured
on all policies except for V';orkers Compensation, Automobile
Liability, and ARCHITECT Errors and Orn.issiorJ,S UabHity.
(4) Oli'tner retains the right to require a certified copy of any
policy required under AGREEMENT and ARCHITECT
agrees to furnish said certified copy within thitiy (30) days of
request.
22. Egm~nllleld Damaf!e. OWNER and ARCHiTECT "\-valve all rights against each other for
loss or darlllage to any equipment used in connection with the l'roject and fAwere.d by any
property insurance. ARCHITECT shaH require similar waivers from aU subcontractors
and their sub-subcontractors.
23. Waiver of SUbr02:!lition. OWNER waives subrogation against ARCHITECT Oil all
property and consequential loss policies carried by the OWNER on adjacent properties
and under property and conse.quential loss policies purchased for the J'mject after its
completion,
24. Endo:rseinent. If the policies of insurance referred to in this ArtkJe require an
endorsement to provide for continued coverage where there is a waive!' of subrogation,
the owner of such policies win cause them to be so endorsed, failure to obtain proper
endorsement nullifies the waiver of litigation.
ARTICLE (;
Adiod!eation of Disputes or Disaf!ll"eements and Mediation
25, Adi'edicatioD of Disputes or Disa1!i'eements. OWNER and ARCHITECT agree that all
disputes and disagreements shall be attempted to be resolved by meet and '~onfer sessions
between the representatives of each of the parties. Either OWNER or ARCHITECT may
request a meet and confer session. If a session date and time cannot be agreed upon
witbin ten (10) days from the date of the request or if no resolution can be agreed upon
within twenty (20) days after the frrst meet and confer session, either part;! shall have the
right to submit the unresolved issue(s) to mediation.
26. Mediatiolll.:: OWNER and ARCHlTECT agree that, in the event of contlicting
interpretations of the terms or a ternl of this Agreement by or between any of them the
issue shall be submitted to mediation prior to the institution of any other administrative or
legal proceeding. 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 limitatimls to run before the parties could mediate.
Mediation either pre-suit or post -suit Initiated and conducted pursuant to AGREEMEI\iT
shaH be in accordance with the Florida Rules of Civil Pmcoom:-e and uSllla! and customary
required by r.he circuit court
thE; event
~s
to the
or
1\;1
II
] .1
OW'Nl::R and ARCHiTECT '-'Woo tbat no party to
to enter into any to
4RTJCLE]
I~rfill~~~ilo~
28. Faihu'e to Snbstantiallv Perlo m. AGRE.El\ffiNT may be terminmted by either party
upon thirty (30) days' written notice should the other party fail substalJ'tially to perform in
accordance with the terms of AGREEMEf\JT through no fault of the party initiating the
termination.
29. F'aibare --1Q.1'1ake 'payment If Owner f.ails to make payment when due MemTEer
may upon seven (7) days' written notice to OWNER. silspend perforrmance of services
under AGREEMENT. Unless payment in fhll is received by ARCHITECT withi.n seven
(7) days of the date of the notice, the suspension shaH take effect witillout further notice.
IN the event of a suspension of services, the ARCHITECT shall have no liability to
Ow"NER for delay or damage caused O\VNER because of such suspension of serviCt.'S.
30. JermiDat;i~ E:~Ren~ In the event of termination not the fault of ARCHITECT,
ARCHITECT shall be compensated for services perfonned prior to tetrmmatiol1, together
with Reimbursable Expenses then due, Additional Tennination Expenses shall be
computed as ten percent (l 00/0) of the hourly rate but not to exceed ten percent (1 0%) of
the amount of TWO HUNDRE.D AND TWENTY~FIVE mOUSAND DOLLARS
AND NO CENTS ($225,000.00). No Termination Expenses shall be waid in the event of
termination which is the fault of the ARClllTECT,
ARTICLE 8
RETROACTIVE TO START DATE
31. The terms and conditions of AGREEMENT shall be retroactive to the ,date
ARCHITECTS began work on the PROJECT, October 13.2005.
ARTICLE 9
Miscellaneoos Pro"isions
32. Jun!,\didioD and Venue. AGREEMENT shall be governed by the laws of the State of
Florida_ Ve1'me for any disputes and/or litigation arising under this A(fiREElVIENT must
be in Monroe County, Florida.
33. Bhldm2 Effed. OW}"TER and ARCHlTECT, respectively, bind themselves, their
partners, successors, assigns and legal representatives to the other party,r to th is Agreement
and to the partners, assigns and legal representatives of such other P"~ with respect to
aU covenmrts oflliis AGREEMENT, Neither OWNER nor ARCHITECT shall assign this
AGREEMENT without the written consent ofthe other,
34. r~othing C(Hltained ereate any
relationship" eontractua! or otherwise, with may fights in favor any !Gb.i"d
iVI
II
I?
ili
35. AGREEMiE1'H has been carefully reviewed by the OVlNER
and the ARCmTECT. Therefore, IS not to be cO!1~tm0d
on
36. Nondi..'lcrimina'tioD. O\l\!1\;"'ER and ARCI'-1jTECT agree that there will be no
discrimination against <'"ny perS011" and it is expressly .mderstood that upon a
determination by a conrt of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any party,
effective the date of the court order. OWNER a:.'ld ARCHITECT agree to comply with
aU Federal and Florida statutes, and an local ordinance'" as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Tide \11 of the Civil Rights
Act of 1964 (PL 88-352) \vhich prohibits djscrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 DSe
88.168 I -1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as 31ilended (20 use s. 794), which
prohibits discrimination on the basis of handicaps; 4). The Age Discrimination Act of
1975, as amended (42 use 58. 6101-(107) which prohibits discrimination on the basis of
age; 5) The Drug Abuse Office and Tre<rtment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on me basis of drug abuse; 6) The Comprehensive Alcohol
Ahuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91~
616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 use 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 use s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or fmancmg of housing; 9) The
Americans with Disabilities Act of 1990 (42 use s. 1201 Note), as maybe amended from
time to time, relating to nondiscrimination on the basis of disability; 10) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
37. Cooperation and Invalidity. If any term, covenant, condition orproV1s10n of this
Agreement (or the application thereof to any circumstance or person) shall he declared
invalid or unenforceable to any extent by a court of competent jurisdiction, the
remaining lenns, covenants, conditions and provisions of this Agreement, shall not be
affected thereby; and each remaining term, covenant, condition and provision of this
Agreement shan be valid and shaH b~ enfo.rce.able to the fullest extent permitted by law
unless the enforcement of the remaining terms, covenants, concUtions and provisions of
this Agreement would prevent the accomplishment of the original intent of tbis
Agreement The OWNER and ARCHITECT agree to refonn the Agreement to replace
any stricken provision with a valid provision that comes as dose as possible to the intent
of the stricken provision.
38. ~ Whenever either party desires to notice to the other, such notice be in
writing" sent by certified United St.ates mai.l, retum receipt requested, addressed to the
party for whom it is intel1ded <'it the place and time specified in this and the
plac1:;: for giving notice shall remain such until it is changed by written notice to the other
c
14 i1
1 :?OS?
III
party. For
the
as the respective places for
FOR OWNER:
Mr, LJl,rry Chalmers
Facilities Development
1100 Simonton Street
Key West Florida, 33040
FOR ARCHITECT:
Mr. Robert G. Currie
Currie Sowards Aguila Architects
134 Nort.he';l;ot First Avenue
Delra)' Beach, Florida 33444
39. t\pprovai fOJr. Pavm~nt. COUiNTY'S performance and obligation to pay under
Agreement is contingent upon an annual appropriati.on by the Board of County
Commissioners and the apPl.'ova1 of the Board members at the time of Agreement
approval and duration,
40. &verej~ Inmmnitt. Nothing in this Agreement shall be construed as a waiver
of any sovereign immunity by COJUNTY.
41. Severnbilitv. COUNTY and ARCHITECT agree that if any paragraphs or provisions of
the Agreement is for any reason mnenforceable, the remamd,";f of the Agreement will be
valid.
42. Attorney Fees' and Costs. The \OWNER and ARCHITECT agree that in the event any
cause of action or administrative ~roceeding is initiated or defended by any party relative
to the enforcement or interpretaltion 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 tlhe non-prevailing party, aad shall include reasonable
attorney fee's, court costs, inv'estigative, and out-of-pm:ket expenses in appellate
proceedings,
43. No Persona) Liability. No covenant or agreement contained herein shall be deemed to be
a coverumt 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 en AGREEMENT or be su~ject to any personal liability
or accountability by reason of exclCuting AGREEI\AENT.
44. Attestations. ARCHITECT agrees to execute such documents as OWNER may
reasonably require, to include a PiubHc Entity Crime Statement, an Ethics Statement, and
a Drug~Free Workplace Statement.
45. ~fiQ!!,!Iead311llW'~ Section headili1gs have been inserted ill this Agreement as a matter of
convenience for reference only, amd it is agreed that such section headings are not a part
of this Agreement and wiU not be used in the of any provision of this
Agp~ement.
46. execution,
aU ne{iC;Ssary
be
me
2005,
haVt~'}
BOA1!:PD O.~
A~U' "1' C'{J.7TI'T . -
v, ',-' i'l TY
COUNTY F
?
ARlC.H1t OCT
By:_~ A--e--
.obert G e.. '. ..
. wnne ~
Tnt]e:. ftz.~ ( 0 E.Nl___
~1 W .:5 ~~.. ~~
1(4;/ !/
E/~rrnes' I!-A V