Item C31
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 18, 2006
Division:
Engineering
Bulk Item: Yes 1-
No
Department: Facilities Development
Staff Contact Person: Jerry Barnett
AGENDA ITEM WORDING: Approval of a Third Amendment to Agreement with Currie, Sowards,
Aguila, Architects for Architectural Consultant services at the Freeman Justice Center.
ITEM BACKGROUND: Currie, Sowards, Aguila Architects request approval of additional fees
anticipated because of the construction period extension and additional redesigning and consulting
servIces.
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, and on July 19, 2006 the BOCC approved the Second Amendment to Agreement increasing
the "Not to Exceed" contract amount by $45,000.00.
CONTRACT/AGREEMENT CHANGES: Increase the not to exceed amount for professional
services by $142,000.00, from $270,000.00 to $412,000.00. Hourly rates, and the $25,000.00 allowed
for reimbursable expenses, remain unchanged.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $142,000.00
BUDGETED: Yes 1- No
COST TO COUNTY: $142,000.00
SOURCE OF FUNDS: Fund 307
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
APPROVED BY: County Atty
OMB/Purchasing 1-
Risk Management X
DOCUMENTATION:
Included
X
Not Required_
DISPOSITION:
AGENDA ITEM
Revised 2/05
MONROE COUNTY
FACILITIES DEVELOPMENT
MEMORANDUM
TO: David Koppel
County Engineer
FROM: Ann Riger, Contracts Administrator
Facilities Development
DATE: October 3,2006
RE: Agenda Item - Currie, Sowards, Aguila, Architects
AGENDA ITEM WORDING: Approval of a Third Amendment to Agreement with
Currie, Sowards, Aguila, Architects, for Architectural Consultant services at the Freeman
Justice Center.
ITEM BACKGROUND: Additional professional services are anticipated due to the
extension of the construction time, and the redesigning and consulting services requested
by Monroe County. Anticipated additional fees are as follows: Architectural
Construction Administration Fees $111,000.00; Mechanical, Electrical, and Plumbing
Construction Administration Fees $7,000.00 Structural Construction Administration Fees
$12,000.00; Interior Design Administration Fees $12,000.00; for a total of $142,000,00
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, and on July
19,2006, the BOCC approved the Second Amendment to Agreement increasing the "Not
to Exceed" contract amount by $45,000.00
CONTRACT/AGREEMENT CHANGES: Increase the "not to exceed" amount for
professional services by $142,000.00 from $270,000.00 to $412,000.00. Hourly rates,
and the $25,000.00 allowed for reimbursable expenses, remain unchanged.
STAFF RECOMMENDATIONS: Approval as stated above.
Thank you. If you have any questions, please contact me at ext. 4439.
AR
MONROE COUNTY BOARD OF COUNTY COMMISSIONER~
CONTRACT SUMMARY
Contract with: Currie, Sowards, Aguila Contract #_
Effective Date: 10/13/05
Expiration Date:
Contract Manager: Ann Riger
(Name)
4439
(Ext.)
Facilities Develop/Stop #4
(Department/Stop #)
for BOCC meeting on
10/18/06
Agenda Deadline: 10/03/06
CONTRACT COSTS
Total Dollar Value of Contract: $ $412,000 Current Year Portion: $ $142,000.00
Budgeted? Yes~ No 0 Account Codes: 307-24003-560620-530310-CE0601
Grant: $ N/A _-_-_-_-_
County Match: $ N/A _-_-_-_-_
- -
--
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Changes
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Risk Manageient
pJu. CJlw/t;(p C; 61}1"
o .M.B./Purcha!ing
County Attorney
E
q - 2/:;--of,
Comments:
OMB Form Revised 2/27/01 Mep #2
THIRD AMENDMENT TO AGREEMENT
BETWEEN OWNER AND ARCHITECT CONSULTANT
THIS THIRD AMENDMENT ("AMENDMENT") to the AGREEMENT
BETWEEN OWNER AND ARCHITECT CONSULTANT ("AGREEMENT") dated
December 21, 2005, for the Freeman Justice Building entered into between MONROE
COUNTY ("OWNER") and CURRIE SOW ARDS AGUILA ARCHITECTS
(" ARCHITECTS") is made and entered into this 18th day of October, 2006 in order to
amend the AGREEMENT as follows:
WHEREAS, on December 21St, 2005, the parties entered into the AGREEMENT
for architectural services for 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, on July 19,2006, the parties agreed to a SECOND AMENDMENT
TO THE AGREEMENT increasing the architectural services fee by $45,000.00; and
WHEREAS, ARCHITECT requests that due to the construction period extension
and the additional redesigning and consulting services requested or required, it is
anticipated that additional fees will be incurred as follows:
a. Architectural Construction Administration Fees $111,000.00
b. Mechanical, Electrical, Plumbing
Construction Administration Fees 7,000.00
c. Structural Construction Administration Fees 12,000.00
d. Interior Design Administration Fees 12,000.00
Total Anticipated Additional Fees $142,000.00
Additional fees shall continue to be invoiced at the approved hourly rates not to exceed
$142,000.00;
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:
Hourly Rate. The ARCHITECT shall be compensated for services performed at
the following standard hourly rates not to exceed the amount of FOUR
HUNDRED TWEL VE THOUSAND DOLLARS AND NO CENTS
($412,000.00):
Principal Architect, Robert G. Currie
Project Architect, Hank Goldman
Mechanical Engineer
Structural Engineer
Landscape Architect
Interior Designer
Project Manager
$175.00
150.00
175.00
150.00
150.00
150.00
125.00
CADD Technician Level I
CADD Technician Level II
Support Staff
80.00
60.00
45.00
2. The remaining terms of the AGREEMENT, not inconsistent herewith, shall
remain in full force and effect. The reimbursable expense of $25,000.00 remains
unchanged.
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:
Deputy Clerk
Attest:
ARCHITECT
By:
By:
Title:
MONROE COUNTY ATTORNEY
APPRO 0 AS TO FORM:
"'
CURRIE" SOWARDS" AGUILA · ARCHITECTS
Robert G. Currie, AlA
Jess M. Sowards, AlA
Jose N. Aguila, AlA
September 7,2006
Mr. Jerry Barnett
Facilities Development Coordinator
Monroe County
1100 Simonton Street
Room 2-216
Key West, Florida 33040
Re: Freeman Justice Center
Professional Architectural Services
Dear Jerry,
As a follow up to our earlier conversation, this letter will serve to inform you (Monroe
County) that ourfirm has reached a point in the above referenced project where the fees
for services are not sufficient to complete the required tasks as they continue to evolve.
As you may recall, in previous correspondence where we discussed the status of fees
versus services we mentioned that we would make every effort to complete all the added
tasks within the approved fee structure. However, with the extended duration of
construction activities coupled with all the additional services required and not
anticipated we and our consultants will need additional fees.
A few points to consider include:
e Originally anticipated construction completion date was May 9, 2006.
· Two County approved extensions of contract period have been granted bringing
the new date of completion to January 24,2007.
. As of today's date we have accrued $66,230 in non-construction administration
related items (see attached).
· There has been extensive re-design of mechanical systems.
· The scope of services related to interior design has increased dramatically now
requiring design, purchasing and installation assistance.
In addition I am attaching a fee discipline breakdown sheet that illustrates our totals
to-date showing how the additional unanticipated services have affected the original
fees. Note that the line item labeled General Construction Administration in,..Jicate;z a
Monroe ''::oun,v
total expended to-date of $136,727.50 which is in line with our odginal prDjB1c1l1irelflB<,,;volopr~en!
I' 0 E ~1 [': 1\ I" Y EO f) [': E T (j , CUE E I I~ I' A E T N [': f\ S II IF', IN C, . A I A I' L 0 J\ I D A r J 1\ ~1 0 r TJI [': Y f: A J\ 2 () () ()
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The conclusion we have reached is that primarily two things have contributed to the
original assumption being off; the construction period expected to exceed the original
date by almost twelve months, and the additional redesign and consulting services that
have been requested or required by the County to assist the contractor in completing
their work.
With the above in mind, and with the information available at this time, we anticipate
that the construction period will continue for an additional eight months from now and
therefore anticipate that we will need additional fees to cover the following activities:
. Architectural Construction Administration fees:
.. MEP Construction Administration fees:
. Structural Construction Administration fees:
. Interior Design Administration fees:
Total additional feee; anticipated
$ 111,000.00
$ 7,000.00
$ 12,000.00
$ 12,000.00
$142.000.00
Should Monroe County prefer, we would gladly continue invoicing at our approved hourly
rates against the figure stated above and hope that we would not require the full
amount. We would appreciate your favorable consideration of our request. I will be happy
to discuss this in further detail should you desire.
Sincerely,
CURRIE SOWARDS AGUILA ARCHITECTS
.)j"
(",'/(.~
J~se N~ Aguila, AlA
Principal
Copy: Ann Reiger
File 050908
CURRIE <& SOWARDS · AGUILA l) ARCHITECTS
Robert G. Currie, AlA
Jess M. Sowards, AlA
Jos~ N\il~-m-tltI~o&M\r
i"ocllifies
September 7, 2006
Freeman Justice Center
Non-CA required items
The following listing represents some of the issues raised during the construction period for the
Freeman Justice Center project for which Currie Sowards Aguila Architects and their
consultants have provided additional professional design services considered beyond the
typical or anticipated construction administration services. This list is current as of the date
noted above.
1. EIFS vs. Brick vs. Stucco for exterior.
2. Rework door schedule (Fire doors are missing. Security needs to be implemented and
coordinated with courts and with sheriffs). Verify hurricane resistance.
3. Access to roof via elevator vs. 4 roof hatches.
4. Revise site to accommodate the following:
a. Grade changes vs. floor elevation at entry.
b. Exit to grade from stair # 2.
c. Retaining wall.
d. Locate transformer pad.
e. Accommodate backflow preventer.
5. Sally port:
a. Provide accommodation for H.C.
b. Portal to small for SWAT vehicle.
6. Parking for judges
a. Provide roll up doors for security.
7. Network Room on floor.
a. FM 200 system interferes with duct. Revise ducts.
b. Need cool air and exhaust ("Controlled" just for this room).
8. Assembly Determination
a. Some walls are not called out as rated walls but have some doors that are
rated and some doors that are not rated.
9. Add fire dampers at fire walls.
10. PVC in plenum? (Not allowed per code).
11. Relocate switches in court rooms for security.
12. Stone bands and details need structure.
13. Interiors need to be selected due to "original sub" samples not being returned.
14. Need electrical access under judges platform.
15. Need fans in garage area. Due to less than 50/0 open (per code).
16. ~;1eet with courts and sheriff's office for security drawings. (Cameras) for accreditation.
17. Coordinate artist with architecture. I.E. bronze doors with elevator doors.
18. Delete bathroom in sally port. Coordinate lines from above no longer in walls below.
19. Provide additional rooms for card reader. Provided two rooms with sprinklers and AlC
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21.
22.
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26.
27.
28.
29.
30.
31.
32.
33,
34.
35,
36.
37.
38.
39.
40.
41.
42.
43.
44.
45,
46.
47.
48,
A,9,
50.
Monroe
f'ocllltk.,r,
and electrical.
Relocate I.T equipment per court's "I.T head",
Delete FM 200 System.
Light poles are not hurricane resistant.
Light pole locations need photometrics.
Need photometrics in garage.
Need to provide handicapped parking at exterior of building for public (per code).
Top of fuel tank for generator at elev. +12.5' may create circulation problems for cars in
parking lot.
Need to call out UL # for all fire walls. Create and show life safety drawings to Fire
Marshall.
Review all product approvals for hurricane resistance.
Reject specified louvers that did not comply with hurricane code.
Need to detail security roll down doors for former judges parking and sally port.
Show ramps for H.C. from road north of building to entry at building.
Need to add vandal proof light in areas where "detainees" might be.
Need to add expanded metal lath to walls where holding cells allow escape. Need to run
walls to underside of concrete slab above and protect ducts from access in those
areas,
Review fiberglass insulation for chilled water lines (Must be closed cell "cellular glass-
like" foam glass).
Need to provide hot water system.
Need to vent electrical equipment rooms.
Per NFPA 88, need two hour separation from parking to anything. (Includes fire dampers
for generator room and floor slab above).
Need to provide rated opening through rated walls for A/C supply and return.
Ground floor holding area has masonry wall above bullet proof glass. (No means of
holding the masonry up). Needs structure.
Roofing spec has been changed to provide savings but notice of acceptance has not
been provided for new spec.
Structure needs to be revised for elevator to go to machine room level.
Need to revise mechanical layout and structure; To keep ducts at roof from leaving
machine room going outside of structure, then going down through roof. (No hurricane
resistant duct work exists).
Design "systern" to "secure detainees" on their way from buss to sally port.
Raised ceiling height in all holding areas to reduce possible vandalism.
Resolved judge's parking areas (relocated).
Proposed canopy at buss to sally port route.
Have provided steel columns to hold up masonry above bullet proof glass. Lintels and
sills (stt"uct).
Providing details for bullet pmof glass to column connection.
Provide new wall and footing at fan exhaust for garage.
!\dd electrical room near" elevator eOluiprnent room.
RECEIVED
51. Revise lobby for security equipment and circulation.
52. Provide ventilation in electrical rooms.
53. Need fans in judge's parking area or "open" roll down.
54. Delete one H.C. parking space under building.
55, Door located without adequate room for trim that was specified.
56. Wood door frames in 1 Y2 hour rated openings.
57. Fire Department reoruests Life Safety drawings.
58. Need "wash down" area for contamination abatement.
59. Provide gun storage in entry lobby and sally port.
60. Relocated doors I walls to accommodate furniture with handicapped access
requirements.
61. Relocated "Rooftop" vents in mechanical room to "wall louvers" for hurricane reasons,
62. Details for roof hatch and steel ladder.
63. Review sidewalks requirements for artwork.
64. Show bullet resistant walls.
65. "Zone off" A/C per Fire Marshall's request,
66. Revise millwork drawings per handicapped requirements.
67. Add janitor storage areas.
68. Modify A/C system to accommodate too much "fresh air in system".
69. Detail public toilet partitions.
70. Replace O.H. doors at judge's parking to rolling grills.
71. Call from Terry Thomess regarding revised spec on bronze panels.
72. A/C conflict. Duct sizes vs. BM depth.
73. Draw "security fence" plan /elevation I det. @ S.E. stair exit.
74. Revise former judge's parking to storage area.
75. Revision to parking on Thomas Street.
End of report.
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SECOND AMENDMENT TO AGREEMENT
BETWEEN OWNER AND ARCIDTECT CONSULTANT
TillS SECOND AMENDMENT (herein after "AMENDMENT") to the
AGREEMENT BETWEEN OWNER AND ARCffiTECT CONSULTANT
("AGREEMENT") for the Freeman Justice Building entered into between MONROE
COUNTY ("OWNER") and CURRIE SOWARDS AGUll-A ARCffiTECTS
("ARCillTECTS") 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, ARCIllTECT 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 ARCIllTECT 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.
r--?
B,^.~JA--~{:
Deputy Clerk
OLHAGE, CLERK
t4~
BOARD OF COU1)h.TY COMMISSIONERS
OF MONROE C7W' FLORIDA
'of--' I
By: ;1 U
\)
t
Attest:
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 CURRlE 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 5t day of December, 2005, the parties entered into the
AGREEMENT for architectural services on the Freeman Justice Center: and
WHEREAS, ARCI-llTECT 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. Hourly 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 I $80.00
CABD Technician n $60.00
Staff
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
COMMISSIONE OF MONROE
COUNTY, FLO
By:
Witness
Mayor/Chairman
Witness
Title:
Attest:
By:
Client#. eo"'",
('IIRRROB3
ACORDT" CERTIFICh {E OF LIABILITY INSUF\..-.NCE I DATE (MMlDDIYY)
08-03-06
PRODUCER THIS CERTIFICATE IS 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
813 289-5200 INSURERS AFFORDING COVERAGE
--"--"--~- -~'" --,,-- ~~-~
INSURED INSURER A: United States Fidelity & Guaranty
Robert G. Currie Partnership, Inc. -----
INSURER 6: 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:
COVERAGES
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 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 POLICY NUMBER P8,k1-&"I~'J1j~ ~~-rll=RC'~N LIMITS
lTR
A ~NERAL LIABILITY BK01938396 08/17/06 08/17/07 EACH OCCURRENCE $1,000,000
X COM MERCIAL GENERAL LlA61lfTY FIRE DAMAGE (Anyone fire) $300.000
- ~ CLAIMS MADE W OCCUR ~JAny one person) $10,000
- !'!"RSONAL & ADV INJURY $1 ,000 000
GENERAL AGGREGATE $2,000,000
-
~'L AGGREGATE L1M IT APPLIES PER: PRODUCTS -COMP/OP AGG $2,000 000
POLICY !Xl ~fg: n LOC
A ~TOMOBILE UABILITY BK01938396 08117/06 08117/07 COMBINED SINGLE LIMIT
ANY AUTO (Ea accident) $1,000,000
-
ALL OWNED AUTOS 60DIL Y INJURY
- $
SCHEDULED AUTOS (Per person)
-
X HIRED AUTOS 60DIL Y INJURY
- $
X NON-OWNED AUTOS ('~(f), (per accident)
- "6 .. PROPERTY DAMAGE $
j (Per accident)
~GE LIABILITY \5 q~tr' ~ONL Y - EAACCIDENT $
ANY AUTO '1" OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $
~ OCCUR D CLAIMS MADE AGGREGATE $
--
$
~ DEDUCTIBLE $
------
RETENTION $ $
B WORKERS COMPENSATION AND BW02172495 01/01/06 01/01/07 X ~~~~~its I IOJ~-
EMPLOYERS'L1ABILlTY $100,000
EL EACH ACCIDENT
EL DISEASE. EA EMPLOYEE $100,000
E.L DISEASE - POLICY LIMIT $500,000
C OTHER DPR9412364 08124/05 08/24/06 $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 X I ADDmONALINSURED'INSURERLElTER; CANCELLATION
SHOULD ANYOFTHEABOYE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXP1RATION
Monroe County BOCC DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TOMAlL3lL...-DAYSWRlTTEN
1100 Simonton St. NOTICETOTHE CERTIFICATE HOLDER NAM ED TOTHELEFT, BUT FAILURE TODOSOSHALL
Room 2-213 IMPOSE NO OBLIGATION OR L1AB ILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
Key West, FL 33040 REPRESENTATIVES.
~DREPR~
. ~ .a. ~
ACORD 25-S (7/97)1 of 2
#S127948/M115996
KEB
@ ACORD CORPORATION 1988
If
I ~ ,'j:1
/11
lB5Jl<~r1,VlEEl'f
AND
ARClrrnCTCONSULTft~~T
FOR SPECIAL SER\'1CES
Tbis AGRlEEMENT made as of the >,,:9/ ~ay of December, 2005, between MOl\'ROE
COUNTY ("OWNER"), whose address is 100 SimDnton Street, Key West Florida, 33@)40 and the
architect, CURRIE SOWA",,"'lDS AGlJllA ARCffiTECTS ("ARCHITECr), whos~ address is
134 Northeast First Avenue, Delray Beach, Florida 33444, for THE FREEIUAi"f JUSTICE
BU1lIJ)ING ("PROJECT") in Key West, Florida'33040.
WITNESSETH:
WHEREAS, on October 12, 2005, the COtJNTY dismissed Gonzalez Architects; from the
PROJECr, thus requiring another architect in order to complete tuePROJECT; and
'w'lIEREAS, it was an emergency to hire another cJchitect to proceed with the coostruction of the
PROJECT mid to avoid a work stoppage; and
'WHEREAS, the ARCfllYECT, CURIDE SOW_6...RDS AGUILA ARCIDTECTS9 ',vms availahle
and wming to complete the PROJECT;
NOW TfffiREFORE, the OVlNER and the ARCHITECT agree as foHows:
AR1JCLE 1
Architect Consultin~ $emces
1. ARCf:i"1ruCT'S services consist of those described in Paragraphs 2 to 8.
2. Revj~ and Advise. ARCHITECT shall revicvv' all documents provided OWNER by
prior architect, including but not limited to plans, schematics, spocifiC$tioils, and
drawings and shall identi-ry and document errors, discrep.:mcies and deficiencies on the
documents. ARCHITECT shaH advise and recommend any alterations, addiuoms, andJor
corrections to said documents that ARCHITECT feels appropriate and/or lle>.,cessary to
complete the bui!.dmg in a manner consistent with the standards of the indi1!stry. The
ARCHlTECT shaH prepare plans, schemJ:1:t1cs, specifications, and drawwgs for the
buildin.g '\-vhen appropriate .and observe the work as it progresses for compliiance with
plans.
,3. .Reso~flion of D{\ocume~tg, ARCHITECT shall ~ssist the Geneml Contmactor and
OWNER by responding to questions and assisting in resojntion of discrepmncies and
problems in the constnlction documents drafted by and provided to the OWNER by
Gonzalez Architects, including but not limited to plans, schematics, and
drawings; and in providing alternative solutions as requestf3(j by the
and the O\'vl\fER.
4
1 IjfJ. Of}
?005
:,
responses to For 11JlformaHon (UFf) by the Gel11le:ra~ Cooll.ttactor
as as nce~;ssary the orderly pmgress of the worJlc
5. ~J[1d~).t)y~~!g,."J. A,RCHlruCT, either the Principal Archite.ct or the Project
Ar'Chited" shall attend weekly sire meetings in Key West The Project i\.rchitect shall
report immedi~tely on the weekly sit.e meeting to the Principal Architect
6. .Jl!!.!t!!J!!!?nt Rm~ ARCHITECT shaH review shop drawings and submittals, and review
applications for payments, The ARCmTECT shaH advise tbe General Contractor
regarding o'1e review of shop drawings and submittals, and applications for payments and
llotif}' of IDs approval, disapproval, and any S1...!ggested modifications in a timely marmer
for the orderly progress of the work.
7. Suh~o~:tra.etolrs. ARCHITECT shall procu..re, with the aufuorizatioll of the OWNER, on
an as needed l.:rasis the services of a landscape architect,. interior designer, structural
engmeer, and/or mechanical engineer to further expand 011 the design and the plans.
8. ~tnu<r:tioJ}~ Com~Iretio:n. Upon compietion of construction., the ARCHITECT will
perform a close-out review of the project for det-ennin8Jtion of substantial and final
completion.
AETICLE .1
~e~sR~o~mes
9. ;FiimMa IID'ormation. OWNER shall provide fuB IDfommtion regarding requirements of
the project. OWNER shall :furnish required information as expeditiousJy as necessary- for
the orderly progress of the work.
10. DesR~atiolll of Re~~senilative.:: OWNER shall designate a representative authorized to
act on the OWNER'S behalf with respect to the Project The OW'NER or such authorized
representative shaH render decisions in a timely mmmer pertaining to documents
submitted by the ARCHITECT in order to avoid unreasonable delay in the orderly
sequential progress ofthe ARCHITECT'S services.
II. Prior Architect. O'lJVNER agrees to the extent pennitted by law to hold harmless and to
i;{emnify the ARCHITECT from liability and damages arising from. negligent acts, or
errors or omissions of the prior ARCffiTECT, so long as th.at negligence or errors or
omissions are solely those of the prior ARC.H.ITECT.
12. ~, I;l.Q~~. HLnn.Il~. OWNER agrees to the extent permitted by law to hold
harmlesS and toO illdemnii)r the ARCHITECT fr.om claims arising out of the ~se .of the
documents prepared by the prior ARCHITE(..'T. O\1VNER and ARCHITECT agree that
ARCHITECT remains responsible and potentiaHy liable to OW1fER for ARCHITECTS
own negHge~,ce, errors or omissions, or !lability. Nothing in A~TREE]VlENT is meant to
release ARCffiTECT from his .own negligence, {~lTOrs or omissions, or liability for his
\;vork or OJ] PROJECT.
14 44
2005
"', /11
~lRIICLE~~
I"
,.),
~n o(Sub~QP.J~to~ A subcontractor is a person or organization who has a
direct contract 'With the ARCHITECT to perform any of the wock at the site. Nothing in
AGREEJ\1ENT shaH create any contractual relation between the COL'NTY and an\'
subcontractor hired by the ARCHITECT. . ~
14.
~~~. ARCfll.TECT shaH require the suhcontractors to have
inSunt,1ce coverage as set out in ARTICLE 5 of AGREEMENT.
ARTICL~A
~~r.ch>>(~1
15. ~. The ARCHITECT shall .be compensated fur services performed at the
foHowing standard hourly rates not to exceed the ammmt of TWO HlJ/'{[lllED AND
TWENTY~FiVE THOUSAND DOLLARS AND NO CENTS ($225.000.00). Hourly
rates are listed~s follows:
Principal Al'dlitect, Robert G. Currie
Project Architect, Hank Goldman
Mechanical Engineer
Structural Engineer
Landscape Architect
Interior Designer
Project Manager
CADD Technician
Support Staff
$175.00
$150.00
$175.00
$150.00
$150.00
$150.00
$125.00
$80.00
$45.00
16. Re:i.mb~nMlMe. E::qlenses.. Reimbu.fsable Expenses include expenses incurred by the
ARL,.rn~:::CT ;md APL1-llTECrS employees in the interest of the PROJECT. AU
expenses shaH be requested by the ARC.HITECT in writing and authorized by the
OWNER in writing. AU reimbursable expenses a.."e to be paid on the basis of and in the
amounts authorized pursuant to Section 112.061, FIDrida Statutes.
a, Expense of transportation and living expenses, in writ:mg, in
connection Virith. Dut-of-County travel authorized by the
OWN'"BR, I:nrt only to the extern: and in the amounts authorized
by Section H 2.061, Florida StaJtutes. It is understood that the
ARCffiTECT has oilier projects in the Florida Keys with tne
OWNER; jf the ARCHITECT visits more than one project he
shall p;rorate the travel expenses between the prqjects.
b, Expenses such as long distance telephone calls, mail,
8!i1Jd courier se.v1c<e, mad PQstage to be
In.-.:hDuse
per
i I.'i
III
within
b:;;<'lr interest at
of the
If the O'>vVi'\fER
must be p~i.id.
(1 %) per
portion
] 8. M'ai~~~~fCe of ~ ARCHITECT shall mainmin ~i!1 books, records, and documents
directly pertinent to perform..ance ooder AGREEMEN'f in accordance "vith generally
accepted ac,colUnting pnncipies consistently applied.
19. J~~pectiQ.n of &olks and An:l.Hts. During the term of i,-greement and for flOur (4) years
following the termination of the Agreemen~ the OWl\JER, actIng through its designated
financial officer or other authorized representative, shan have the right to inspect and
audit ARCH1TECT'S books of account and other recOtds directly generated regarding
the Project The ARCHITECT retains the right to ImvG its controller or an authorized
representative to be present during the inspection or 9;udit by the OWNER. Ten (10)
business days notice must be given of intent to audit by the OWNER to allow for
scheduling of said presencc_ Nothing contained within this section waives attorney/cHent
work produ.ct p.tivilege.
20. Acce~ to .Books <<Judex.. Cn.'lpter U!t. COlJNTY and ARCHITECT shall allow and
permit reasonable access to, and insp,.,oction of aU documents, papers, letter or other
materials in its possession or U11der its control subject!\) the provisions of Chapter 119,
Florida Statuta<:, and made or received by eitiJicl' party in conjunction with
A.GREEMENT.
ARTICLE 5
. Illlsurauc~
21. ARCHITECT shaH provide inS'"Llrance at the beginning of any work in connection with
AGREEMENT. All insnmnce policies shall be with insurers authorized and doing
business in Florida.. ARCHITECT shall be solely respoEsibJe for any and all dednctibles
and self insured retention.s that the required policies may ,,;;ontain.
a. Wm'ker's Com~ii3atioii and EmkJ:)lnvers Liabilitv Insurance ~
ARCIDTECT shall. take out and maintain during the life of
AGREEMENT Worker's CompensatiOJJJ Insurance for all his employees
connected with the work of this Project and, in case any work is sublet,
the ARCHTfECT shaH require the slJ~ontractoT' similarly to provide
Worker's Compensation Insurance for eH of the latter's employees unless
such employees are covered by the protection afforded by the
ARCIDTECT. Such insurance shaH comply .vith 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 htimy by Accident, each accident - $1,000,000
Bodily Injury hy Disease, each emp~oyee - $1,000,000
Bodily IsUmy by Diisease, $ J ,000,000
i I
JiI if
III
damage for pe:i"soi'la~ iqju~y, i!U,~luding fliCcide.n1taI dea~ as ,;veU as claims
pmJx'Tty damages which may arise from operilitmg U11delf
l\.GREEf.iillNT whether sllcfh openr~im]s aye hirl1lseIf or by anyone
directly or indirectly en1ployed by him, and me amotmt of such insurance
shall be minimum limits as follows:
G.
~Jll1:ii'i.ted~s Compreh~Jllmv~'il!}[;e!.~J:j~b!lliY.
$1,000,000 Combined Sii'1gie 1!mit (CSL) &lctf)ccurrence,
d.
A~t@ml)bne Liabmty Co'VeJrlll2cs,
$1,000,000 Combined Single limit (CSL) Each Occurrence,
Coverage under (a), and (b)~ shall be provided on an occurrence basis
Hllless otllen-vise acc.epted by the OWi".JER.
e.
Subcm..tractorr.~s Insurance - The i'iliCHITECT shaH require each of his
subcDntractors to procure and maintain during Hw life ofthis subcontract,
lnsu..rance of the 1:ype specified above vdth limit<J of liability acceptable to
the ARCHITECT and the COtJNTY.
f.
Broad Fonn Pro~ertr. Dama!!!:} Coveral!e. )Erroducts & COMJ!.Retoo
Qnem~:ions Cove~ - Arcl)itect's GcncmJ Liability Policy shaH
include Broad Fonn Property Damage Coverage, Pwducts and
Completed Operations Coverages.
g.
ContractWllI Liability Work Contracts - The Architect's General
Liability PolicyshaU include Contractual Li<lb'ifilY Coverage designed to
protect the ARCHiTECT for contractual liabilities assumed by the
ARCIIITECT in the performance of tIlis Agr~ment.
h.
Arc~ts Errors and Omissions LialbiU~fusu1fance.. Recognizing
that the work governed by this contract involves the filrnishing of
Architectural servi~s, ARCmTECT s.hall purchase and maintain,
throughout the lire of the contract, Architect~; Errolfs and Omissions
liability Insurance which will respond to daH:iages 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
perronns governed by this contract. This insurance shall be maintained in
force for a period af two years after the date of Substantial Completion
of the Project. The rnnlimum limits of liability shaH be;
$l,OOO,OO{} per occurrence 1$1,000,000 Aggregate
L
Certificate I[jlf Imii!lWl'~>rlfC(C - OWN'BR shall be fumished proof cnvemge of
Insurance as follows. Certificate of fusmance l\}ITn ""rill be furnished to
the O'\VNER aloogwith the Contr:act Documems.
This Certificate shaH be dated i.illd show;
naI!Hlt0 of me
the
uie or
date.
)\/j
')'1
200'i
! Iii
Immrance
dear~y st2li:e aU
Office (ISO)
such Certiucak shrd [
HI Section.
(3) Certificate of Insu~ance shall state that the Monroe Cou...>ty
Board of County Oommissioners is Hsted as additional insured
on all policies except for Workers Comp.ensation, Automobile
Liability, an.d ARCf.llTECT Errors IIDd Omissions Liability.
(4) Owner rv"i:ains the right to :require a certified copy of any
policy required under AGREEMENT and ARCIDTECT
agrees to furnish said certified copy withm thirty (30) days of
re-quest.
22.~..went .D~ie. OWNER and ARCHITECT waive all rights against each other for
loss or darnage to any equipment used in COllDleCtion with the Project and covered by any
property insurance. ARCHITECT shall require similar waivers from an subcontractors
and their sub-subcontractors.
23. ,Waiver of SIDIbfro1!::flatio'l'!. OWNER waives subrogation against ARCFJTECT on aU
property and consequential loss policies carried by the OWNER on Ililjacent properties
and under property and consequential loss policies pu.rchased fof' the Project after its
completion.
24. Endorsement. If the policies of insurance referred to in this Artk1e require am
endorsement to provide for continued coverage where there is a waiver of subrogation,
the owner of such policies win cause them to he so endorsed, fuilure to obtain proper
endorsement nullifies the waiver of litigation.
ARTICLE ~
Adiod!cation of Disputes or Djsaueement8 and Mediatioi,!
r) t"
~;).
A.djudi~tiOlll @t Disputes or .Disagreements. OWNER and ARCHITECT agree that aU
disputes and disagreements shall be attempted to be resolved by meet and '~,()nfer sessions
between the represeIDtatives of each of the partjes. Either OW1\TER or ARCffiTECT may
request a meet and confer session. If a session date and time cannot be agreed upon
within ten (10) days from the date of the request or if no :resolution can be agreed upon
within twenty (20) days after the rrrst meet and confer session, either part;1 shaH have the
right to submit the unresolved issue(s) to mediation.
26.
Mediatiolll~ O\VNER and ARCHITECT agree that, in the event of contlictmg
interpretations of the terliiS or a term of this Agreement by Oll"' between any of them the
issue shall be submitted to mediation prior to the institution of any other i}c.'mfuistrative or
legal proceeding. Mediation shall be scheduled as soon as possible to avoid a stoppage of
work on PROJECT. Eimer party may institute litigation prior to mediation If timing for
[n1ediation would cause the stBtute of limitations to mn before the p.,rtJies could mediate.
,,;WJ!!',.';f pre-sufit or post -suit and pUfs1Ua.nt to
in 'with and and
~l1e
~s
1<;1
[VI () hI C<. () [
, I
/11
ARCHITECT
~CLE2
le"m!ll!~ or ~J<~S~~~\!}~
28. Ef!:ijIDlJ[~..to ~~ AGRE..EJlvffiNT may be terrninmted by either party
upon thirt~y (30) days' written notice should the other party fail oobstani:ially to perfoffil in
accordance with the temJlS of AGREEMENT through no fault of the party initiating the
termination.
29. .If;;si!m'c JQ. M~~~~. If Owner fails to make payment w.hendue Memmer
may upon seven (7) ('gays' written notice to OWNE~ S'l1spend perfomnance of services
under AGREEMENT. Unless payment in filII is receiw"d byARCHIFECT within seven
(7) days of the date of the notice, the suspension shaH take effect witfumrt further notice.
IN the event of a suspension of services, the ARCHITECT shall hmve no liability to
O\i\iNER for delay or damage caused OWNER because of such suspen:sion of services.
30. Tel!'miJut'~7Exp~!fI:!~.:. In the event of termination not the fault of ARCHITECT,
ARCHITECT shall be compensated for services performed prior to temnination, together
with Reimbursable Expenses then due. Additioaal Tennination lExpenses shall be
computed as ten percent (10%) ofthe hourly moo hut not to exceed tem percent (10%) of
the amount of TWO HUNDRED AND TWENTY-FIVE THOUSAND DOIJ:.A.Rs
AND NO CENTS ($225,000.00). No Termination Expenses shall be ~id in the event of
termination which is the fuuJt of the ARCHITECT.
AE:nCLE 8
RETROACTIVE TO START DATE
31. The tenns and conditions of AGREEMENT shall be retroactive to the ,date
ARCHITECTS began work on the PROJECT, October 13,2005.
ARTIC..LE 9
Miscdlaneous Pro~ui{lm
32. ~i~!i!ML~md Venne. AGRb-..EJ\1ENT shaH be governed by the ~mws of the State of
Florida. Venue for any disputes and/or litigdltiO.n arising tmder this AmGREEl\iIENT must
be in Monroe County, Florida.
33. ~~~ )Effed. OW1\TER and ARCHITECT, respectively" bind ilieinselves, their
partners, successors, assigns and legal representatives to the other party! to this Agre,ement
and to the partlJ!ers, assigns and legal representatives of slllcn otherp.s:hTty with respect to
all covenWl1ts Ofl11is AGREEMENT. Neither OWNER nor ARCHITECT shaH assign tbis
AGREEMENT withom the 'written consent of the other,
or
,my
Dill
AGREEMENT has carefhlly reviewed by the O';!i/NER
and [he ARCHITECT. There:fol'e, this Agn;emellt is Iiiot to constnwd against
on of
36, Ni!Dn!!.i"l~rimi~ OV\lNbR and i\RCbITECT agree that mere will be no
discrimination against any persolil, and it is eJ!:pressly underntood th.-'lt Upon a
determimrtion by a cmlli of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminares without any further action on the part of any party,
effective the dare of the court order. OWNER a.J!~d ARCHITECT agree to comply with
all Federal and Florida statutes, and a11 k3cal ordinancec<>, as applicable, relating to
nondiscrimination. These include but are not !ironed to: 1) Title \11 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 ofllie Education Amendment of 1972, as amended (20 use
S8.1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Reha.bilitation Act of 1973, as amended (20 use s. 794), which
prohibits discrL'11inatiou on the basis of handic.aps; 4). The Age Discrimination Act of
1975, as amended (42 use S8. 6101-6107) which probibits 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 me basis of drug abuse; 6) The Comprehensive Alcohol
Abuse and Alcoholism Prevention, T:reatment and Rehabilitation Act of 1970 (PL 91~
616), as amended, relating to nondiscrimination on the basis of alcoh.ol abuse or
alcoholism; 7) The Public Health Service Act of 1912, S8. 523 and 527 (42 use 58.
69Odd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and dmg abuse
patient records; 8) Title vm of the Civil Rights Act of 1968 (42 use s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 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. ,{&OiJern.nolil and lnvmidity_ If any te~ covenant, condition orprovlslon of this
Agreement (or tbe application thereof to any circumstance or person) sball be declared
invalid or unenforceable to any extent by a court of competent jurisdiction, the
remaining terms, covenants, conditions and provisions of this Agreement, shaH 110t be
affected thereby; and each remainmg term. covenant, condition and pmvision 'Of tbis
Agreement shan be valid and shaH be enforceable to the fullest extent permitted by Jaw
unless the enfo~ment of the remaining terms, covenants, conditions a.nd provisions of
this Agreement would prevent the accomplishment of the origifu'11 intent of tbis
Agreement The OWNER and ft....RCaITECT agree to reform the Agreement to replace
allY strickenpmvlsion "villi a valid provision that comes as close as possible to the intent
of the stricken provision.
38. JiQ!j~~ Whenever either party desi.res to give notice to the other, such
writing, sent by certified Ulftrted States rerurm receipt requ!.esred,
flJU' whom it is at thr~ 8!.lJJd specified in this and the
shall such it is by notice to the
}'i
IVI
11
10/11
For
nonce:
as
ph'lces
FOR OWNER:
Mr, LlID}' Chalmers
FacHiti?s Developmen.t
1100 Simonton Stroot
Key West Florida, 33040
FOR ARC.FUTECT:
Mr. Robert C}, Cw/:ie
Currie Sowards Aguila Architects
13.4 Northea:::t First Avenue
Dekay Beach, Florida 33444
39. Allmrovai foJl" __Pavme.lllL COUlNTY'S perfonnance and obligation to pay under
Agreement is contingent upon an aJJ.i:ma[ appropriation by the Board of County
Commissioners and the approvall of the Boord members at the time of Agreement
approval and duration.
40. &avem~ 1mm.upin:. Nothing in this Agreement shaH be construed as a waiver
of any sovereign hnmunity by CO'1l:JNTY.
41. ~vernJ!mtt. COUNTY and ARCHITECT agree !hlllt if any paragraphs or provisions of
the Agreement is for any reason mnenforeeable, the remam~lo;r of the Agreement will be
valid.
42. Attorney F~' and COS~ 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 inte.rpretaition of AGREEMENT, the prevailing party shan be
entitled to reasonable attorney fee's, court C(k,~, invegtigative, and out-of-pocket
expenses, as an award against tIDe non-prevailing party, ;,',lad shall include reasonable
;attorney fee's, court costs, mV<\estigative, and out-of-po,;ket expenses in appeHate
proceedings.
43. No Personal Linbilitv. No covenant or agreement contained herein shaH be deemed to be
a covenant Of' agreement of any member, officer, agent. o:r C'illployee of Monroe COUIlty
in his or her individual capacity, ;and no member, officer, 3g,:eot or employee of MOMDe
County shall he personally liable $n AGREEMENT or be sl]~iect to ;my persOI1<>J liability
or accountability by reason of e:j[elClItmg AGREElVlENT.
44. A<<~~ ARCHITECT aga;es to execute such documents as OWNER may
masonably require, to include a Piublic Entity Crame Statemem, an Ethics Stateme~ and
a Drng~Free Workplace Stmemenot.
45. &o:e~ Section lu:arlimlgs have been inserted in this Ag.reement as a matter of
convenience for reterence a.'TIa it is agreed that sucl1l hiCadin&'l are not a
of this Agreement and wm not be used ill the interpretation of any provision of this
Agreement
ail
11
~JhR'
2005.,
{ynl
BOAJ?J) OF COlJl\fTY
C01\rfMISSIONJE F
COUNTY~ !-?LO
By:
Wii1:ness
Wi~1'lh9SS
By: _
...
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Tvt]0:_112-~( O~N=C____~