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HomeMy WebLinkAbout2004-054 AIA Document B727 - Electronic Format Standard Form of Agreement Between INAL g . Owner and Architect oqr os � for Special Services 1988 Edition THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401- Recommended for use with current editions of standard AIA Agreement forms and documents. Copyright 1972, 1979, © 1988 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington D. C., 20oo6-5292. Reproduction of the material herein or substantial Quotation of its provisions without written permission of the AIA violates the copyright laws f the United States and will beubie tc to legal prosecution AGREEMENT made as of the day of in the year of 2004 BETWEEN the Owner: (Name and address) Indian River County. Board of County Commissioners 1840 25th Street Vero Beach . Florida and the Architect: (Name and address) Harvand Jolly Clees Toppe Architects , P .A. 2714 Dr. Martin Luther King , Jr. Street, North St . Petersburg . Florida 33704 For the following Project: (Include detailed description ofproject, location, address and scope.) A County-wide Library Plan for Indian River county. Florida as detailed with the attached Scope identified as Exhibit A The Owner and the Architect agree as set forth below. ARTICLE 1 ARCHITECT ' S SERVICES (Here list those services to be provided by the Architect under the Terms and Conditions of this Agreement. Note under each service listed the method and means of compensation to be used, Wapplicable, as provided in Article 8.) The process of developing the County Wide Master Plan will be as follows : Task 1 . Initial Planning Meeting - This meeting will used to finalize the project schedule and establish reporting and communication mechanisms and acquaint the consultants with various people they will be working with . Task 2 . Research . Analysis and Findings a . Demographic Research -Data on the numbers . racial/ethnic makeup languages spoken educational attainment, economic condition employment and housing of County residents will be used in identifying the public library facilities needs b . Transportation related research-The Architect and Library Consultant will interview representatives of and review documents produced by the Indian River MPO to develop an understanding of the impact of issues related to public transportation road conditions and use and other transportation factors that impact the public' s ability to use libraries Such transprotation issues shall be discussed in the Master Plan . c . Population Types/Attractors-The Library Consultant will tour the County and interview county officals regarding issues related to the types of people who live in various parts of the County (income age . employment and so forth ) and the geographic and other attractions that create interests in living in © 1988 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE , N .W. , WASHINGTON, D . C ., 20006-5292 . AIA DOCUMENT 13777= OWNER -ARCHITECT 3727 - OWNER -ARCHITECT AGREEMENT - 1988 EDITION - AIA® - WARNING : Unlicensed photocopying violates U .S . copyright laws and will subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . User Document : ruth o ' donnell . aia -- 4/16/2004. AIA License Number 1127252 , which expires on 12/31/2004 . Electronic Format 8727- 1988 1 certain areas . d . Perceived Community Needs-To collect the perceived needs and desires of the residents of Indian River County , the Library Consultant will work with the Library Management to hold up to six (6 ) focus groups across the County. Information gathered will be used to help establish needs and will be summarized in the Master Plan . eXey Stakeholder Interviews-The Library Consultant shall meet with County Commissioners County management and staff. the Library Advisory Board and representitives of the Friends of the Libraries to seek their ideas about future library facility needs f. Time and Distance Studies-Travel time and distance between existing libraries and between various parts of the county where there is current or planned residential development but no library facility will be conducted and the results charted These data help clarify issues related to location of facilities These data help clarify issues related to location of facilities These data will be compared to state standards (currently in draft) with seasonal traffic patterns considered because of the winter population growth issue in Indian River County, and summarized/analyzed in the master plan g . Existing Library Research- The Architect and Library Consultant will conduct a review of existing library resources and use including funding staffing collections facilities and technology. The following activities will be carried out: L Review of library planning documents by the library consultant: ii . Review of current annual budget by the library consultant iii . Facilities tour and assessment by Architect and Library Consultant results and data analysis to be included in the master plan Other resources will be studied by the library consultant: L System wide data about funding collections technology , and staff that is reported annually by the library to the Florida Department of State and included in a national database ( National Center for Education Statistics) will be compared to a national peer group of libraries serving similar sized populations and with Florida and national averages@ ii . Library location specific data provided by library management will also be reviewed and analyzed : This data will be used by the consultant to identify development needs and will be discussed in the master plan . Task 3 . Development of Library Service Levels - The Library Consultant will work with library management to use collected data and information to develop levels of service for use in Indian River Library service and facilities planning . A service levels scheme presents and array of options for the resources that can be made available to the public — facility size , items in the collection , number of computers staffingspecial services available , and so forth Proposed and existing library facilities are assigned a service level dependent on local need (present and anticipated ) Service level schemes use varying descriptors such as main , branch . neighborhood , community, special or regional . Task 4 . Establishment of Library Service Areas - Using Using information from the research on population growth estimates , transportation issues , where library users live and other of the findings of the consultant team . the Library Consultant will propose library service areas — geographic areas that now need local library service or will meet it within the planning time frame Library Consultant will work closely with library management to develop recommendations . Task 5 . Consideration of a System Organizational Structure and Facility Types - The consultant will discuss possible options for system organizational structure and facility types a Facility types — stand alone buildings leased storefronts in strip and enclosed malls joint-use space shared with other agencies/institutions and other types of facilities will be presented in the master plan and recommendations provided regarding which of these are appropriate in the County. b . Organizational structure — the ways in which facilities of various types sizes and location relate to each other to efficiently provide public service will be presented in the master plan and a recommendation for the County's system made . Currently. a main library with one branch one outreach setting , and a special library (law) make up the system but when additional facilities are added a new model may be needed . Florida counties without large cities but with a lot of suburban development are trying other models and Indian River may be best served by one of them Library staff will be closely involved in reviewing possible alternatives and identifying best options O 1988 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N .W., WASHINGTON, D . C ., 2 -5292 . AIA DOCUMENT 8727 - OWNER-ARCHITECT AGREEMENT - 1988 EDITION - AIA® - WARNING : Unlicensed photocopying violates U . S . copyright laws and will subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . User Document: ruth o ' donnell . aia -- 4/16/2004. AIA License Number 1127252, which expires on 12/31/2004 . Electronic Format B727-1988 2 Task 6 . Master Plan Recommendations - Recommendations in the master plan will address all the issues mentioned in the Request for Proposals and the findings of the consultants ' research Using the recommended service areas and service levels discussed above , the library consultant will suggest what the systems ' facilities should be in 20 years and the development needed to reach that goal This will include as needed : i . Existing facilities expansion : ii . New Facilities: iii . Future Expansion of proposed new facilities . Recommendations will also discuss occupancy loading collection size possibilities staffing considerations , and technology issues . The consultants will make recommendations concerning facilities design to optimize use of minimum staffing . A checklist for site evaluation will be provided for use in the future . The service areas . service levels organizational structure , and recommendations sections of the plan will be carefully reviewed with library management and other County staff, as that is desired at a face-to- face meeting before a first draft of the whole plan is provided . That meeting will allow the consultant's to test their ideas with Indian River staff and achieve a better understanding of whether they are workable for the County in the eyes of the people who will be implementing the plans . Task 7 . Operational Cost Projections - The library consultant will project operating costs as part of the master plan , including the potential cost of personnel with benefits . maintenance ( internal , exterior and custodial utilities , and normal anticipated operational expenses for recommended facilities . Consultant will work closely with the County Budget Office and library management on this task. Task 8 . Provide Master Plan Drafts - The Consultant anticipates providing a full draft of the master plan by September 1 . 2004 . A second and final draft will be provided by September 30 , 2004 . The master plan document will be provided in a digital format on a CD and 15 copies in color print form . Task 9 . Presentation of Final Public Report - Architect/Consultant shall make presentations to both Public Library Advisory Board and to the Board of County Commisisoners . TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 2 3 . 1 The documents prepared by the Architect for this OWNER ' S RESPONSIBILITIES Project are dents ef-the ^ -�Et's seMEe for use solely 2-4 with respect to this Project. Any other use shall be at the Unless otherwise provided under this Owner's sole risk and without liability to the Architect or Agreement. T the Owner shall consult with Architect and the Architect's consultants . Unless Owner fails provide such timely information as may be reasonably hereunder to pay Architect therefor. Owner shall be necessary for the Architect to perform Architect's deemed the owner of such drawings , specifications and services . ell in-fenrratien regarding -for - other documents and shall have and retain all . rights the et. --The sh required 4ifefmafien -fts - therein . In the event Owner is adjudged to have failed pedi ieusly as neeessafy for- `he efde '" progress of the Wer- " hereunder to pay Architect for such drawings . and=e °T�e4 -be efifided4e-m*-ea the aeeur-aEy-a�- �, �,,, �� , � { , ,_�� �. specifications or other documents , ownership shall eefthereof, and all rights therein . shall revert to the Architect. ani unless ,�:ise�-the ^ _ hiteet -shA-bedeemed - 2 . 2 The Owner shall designate a representative Ghe auss. of efQhese dee- , niers s and shall retain all _ n , e, _ to-a -en to represent the Owners behalf with respect to the statute r� -and e� d � �g -the :' Et _ _ Project. The Owner or such authorized representative shall The ONYBer. -shah -he peFmitted -te retain cepies, inEluding _ render decisions in a timely manner pertaining to documents repredueihle cepies, -e€ -the _e _T ��. 's doeuments 4ef 4he - submitted by the Architect in order to avoid unreasonable delay Owner-'s fex atien, refer-enEe and use ift ,. ,.,. .. eetien , 4th ihe, in the orderly and sequential progress of the Architect's Wit. - -The e _T w�'s nts -Piet -be Atse * 4he _ services. Owner-er- ethers-en etherpr-ejects, f- addittens4e4his lfejeet- er- fer- cempletAn 9f-this D -eje,.a by ,.41. er . . .. less the A ..Ehitee ARTICLE 3 is adjudged4e -be4n default unde -this exeept * _ USE OF ARCHITECT ' S DOCUMENTS agr-eement -in Nff4ifig -and 4e - © 1988 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N .W. , WASHINGTON, D .C ., 20006-5292 . AIA DOCUMENT B727 - OWNER -ARCHITECT AGREEMENT - 1988 EDITION - AIA® - WARNING : Unlicensed photocopying violates U .S . copyright laws and will subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . User Document : ruth o ' donnell .aia -- 4/16/2004. AIA License Number 1127252, which expires on 12/31/2004. Electronic Format B727- 1988 3 5 . 1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other ARTICLE 4 party fail substantially to perform in accordance with the terms ARBITRATION MEDIATION of this Agreement through no fault of the party initiating the termination. 494 Glaims, disputes er- other . attefs in question 1,"a. ..,,e the -paFties -te Agreement g. eut-ef-er- relating -to -this - 5 . 2 If the Owner fails to make payment when due the Agieemen4e bFeadh theFeef an a " : a "ate Architect for services and expenses, the Architect may, upon arbitration -iii accordance -with -the Genstfuctien -hidustseven days' written notice to the Owner, suspend performance Ax-bitfatien des -ef 4he Amer-kan Arbitra4ien Assec-iatien - of services under this Agreement. Unless payment in full is eu=ie1CL7 al. . : 1 e . 1111 ., . 1. " Patties mutually ,. gree ethe... .,: .." received by the Architect within seven days of the date of the � �FF,.�� �.. .. notice, the suspension shall take effect without further notice. 4 . 1 -2 The Owner and Architect shall endeavor to In the event of a proper suspension of services, the Architect resolve claims , disputes and other matters in question shall have no liability to the Owner for delay or damage caused between them by mediation . Request for mediation shall the Owner because of such suspension of services. be filed in writing with the other party to this agreement . 5 . 3 In the event of termination not the fault of the The request may be made concurrently with the filing of Architect, the Architect shall be compensated for services civil action but, in such event, mediation shall proceed in performed prior to termination.6 tegetheF 4Z bufsable - advance of legal or equitable proceedings , which may be €Apenses-then-due-and-ally penses-as de€xied-irr- stayed pending mediation for a period of 60 days fromParagraph 5.4. the date of filing , unless stayed for a longer period by agreementof the parties or court order.A demand -for - &.4 TeFmimmiefi menses -be eemputed -as -a - arbitration -shall -be made within -a r-easenable -time -a1'Eer -the - per-eextage -ef 4he cempeasation eamed 4o 4he 4ime -ef - elaim; Elispute -er ethemattes -in questien -leas -arisen.. - 4* -fie - teffninatieft, eves;t 4he demand -feFaFbitr-atieft -be -made -a1 tel; -4he -date - - Nvhen -institutien -ef 4egal -ef imitable pre" - "d ---ings based -en - 4 � -pFeNided -en -4he -basis -of -amultiple -of - such � L14iple � , . - sc ,.1 . dispute other at estiead be b "a Direct z Expense, -2o per-cent -ef 4he -total - by the appikable statutes ef lifflitatiens. DiFeEt zPei$enne! EXpense ineuFFed 4e -tlie -time -ef - teFminatieni and 4 . 3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the 4 Fefsemis previded en the basis of a stipulated place where the Project is located , unless another ie percent ef the stipulated sum earned-to4he44me-e€ location is mutually agreed upon . Agreements reached teEminatian- in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. No- ARTICLE 6 arbitratien ansing -out -ef -ei-7 _Matin 4e4his t -shall - MISCELLANEOUS PROVISIONS inElude; -h.y eeilsekda4ien, joinde -ef -in -any ether fniu xer; -an - additienal per-sen -er -entity -net -a -pasty 4a 4his ^ - 6 . 1 1kxlessease -pl`er4ded, 4This Agreement shall be exeept by wfitten cense ` eentaining " spe6ifie re eime ` e dh is governed by the law of the State of Florida . 1.9fineipal place of- Agreement -signed -by 4he Owner, A ehiteet -and -a" AsheF - businessof the A ,., hite -. person -er -entity -sought 4s -be tensed: - Gensen4 4e arbitratien - invelving -air additional pe>•sen -er -entity -shall -net constitute -- 6 . 2 Causes of action between the parties to this eonsent 4e ar-bitratien-ef-any claim, dispute-er ether matter-in- Agreement pertaining to acts or failures to act shall be deemed questien -pret dew-r-ibed-i-n-the written eensent-of -a persen- to have accrued and the applicable statute of limitations shall of -entity -Piet named -of deser-ibed -ther-ein. - -The figregoing - commence to run not later than the date payment is due the agr-eement -andether $ga4s4o ar-bitFate } - Architect pursuant to Paragraph 8.4. an additional persen-eF-en ity-duly eonsen4ed4e*-4-he parties- to 4his Agreement -shall -be spersifkalyeafer-eeable -xi - 6 . 3 The Owner and Architect, respectively, bind thereof representatives themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such 44 The award -> endued �j` -the arbitrate �r arbitrateis - other party with respect to all covenants of this Agreement. shall -be -fftal; -arid judgment -be entered upeft 4 -in - Neither Owner nor Architect shall assign this Agreement ' c,-,..a " ,, ,-" ;64th applicable iffiy in any court having : : ,.,1 : , tier, without the written consent of the other. thereof- 6 . 4 This Agreement represents the entire and integrated ARTICLE 5 agreement between the Owner and Architect and supersedes all TERMINATION OR SUSPENSION prior negotiations, representations or agreements, either O 1988 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N .W., WASHINGTON , D . C ., 20006-5292 . AIA DOCUMENT B727 - OWNER-ARCHITECT AGREEMENT - 1988 EDITION - AIA® - WARNING : Unlicensed photocopying violates U .S . copyright laws and will subject the violator to legal prosecution . This document was _ electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . User Document: ruth o ' donnell . aia -- 4/16/2004. AIA License Number 1127252, which expires on 12/31/2004 . Electronic Format B727- 1988 4 written or oral. This Agreement may be amended only by -. 3 fees � � -I3ai� -secttr�ag � � - written instrument signed by both Owner and Architect. -: ,.,1 , ,.. , ,,-. ever- .he P .,.:,.,.. P 6 . 5 Nothing contained in this Agreement shall create a -. a ,�; contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. J. 5 postage and handling ef decumentsi 6 . 6 Unless otherwise provided in this Agreement, the .6 eitTense -of evet4ime -wer-k r-equinng 4Aghef 4han - Architect and Architect's consultants shall have no �larr : c .. , .thef:.,e 1., the n, .,,, ,,_. responsibility for the discovery, presence, handling, removal or rates, ' disposal of or exposure of persons to hazardous materials in any Jr-endefings ,iia ,., ed 1 .. _,,,.. . ,.steel 1., the r,, .,ner-, form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl ( PCB ) or other expense -of feverage limits, lading - toxic substances. pl:e€essieaalliabi4i insurance, requested * 4he - 9wae1 -in -of neFinally pied * 4he - ARTICLE7 A _,.>, :. ,,,.. ,, .. a . >, ,, A _,.,. :. ,,,.. 's ,.. , . 1� ., ,, + .. . ,, ., ,1 PAYMENTS TO THE ARCHITECT . 9 Expense -of -desigr2 -afi4 oaf ing - 7 . 1 DIRECT PERSONNEL EXPENSE A I L it 4ime -when Atsed. -in rcenneetien - 4he - Pr-ejeet. 7 Direct � xpease is defined -aseke three - salalies ems - t : . , . ' - �l efigaged en the n_,.:,,,.. .. -. a 7. 3 PAYMENTS ON ACCOUNT OF THE the perEie>} �f -the -c s -of 4heir- mandate -atm custema - ARCHITECT ' S SERVICES taxes -ate ethe statutery mpleyee benefits, insuFance , -s" - 7. 3 . 1 Payments on account of the Architect's services and- leave,- helidays, vaceAiems, pemsiens, -a-nd siailarfentribatieas - fer- Reimbursable€xpenses shall be governed by the Florida " " "'� Prompt Payment Act, Chapter 218 . 70 F . S . . et. seq . . ahide- 7. 2 REIMBURSABLE EXPENSES menthyupen after presentation of the Architect' s properly submitted statement of services rendered or as otherwise 7 . 2 . 1 There are no reimbursable expenses . provided in this Agreement. Reimbursable -Expenses -are -inAddditiAn -te -the Az- hiteet's - 7,� ,��itial�t-as-set-fertk-irt:��-is4he- cempensation -and iaelude a pei3seS fed-h 4he A ,• i - ayment under- this Agmement. Pr-ejeEt fen! 7 .4 ARCHITECT ' S ACCOUNTING RECORDS 4 expense -of tr-ansper#atieft -and 4N4ng expenses -in - 744 ReFerds -o ale -and eases - eennee ien-with e avel-a�ker}zed*4he- �$ _ pertaining -te ,.,. �ed �a -the-basis -ef-amaltiple�f- Owner-ilTl: ..,,,.{ na,... ,., ne! r....,,nse ..1, .. 11 1.,, ,. ,. : 1 ,. 1.1 ,. to the n, ..nefAr- 41, ,, -4 1 , .l : ..a ., nEe .bens; s �ed reprreSeAtz3t1'1xe -at �j' iefwenient - ' times. ARTICLE 8 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 84 AN 1N1T-hkL PAYMENT -OF --- Dollar-s4$ -4 -be made open executien of-this �_^a- gr-eement -andfFedited -te -the Qwfte^i� - ..t ., t F: ,, ,, 1 p „a 8 . 1 -2 COMPENSATION FOR THE ARCHITECT' S SERVICES, the Owner shall compensate the Architect on the basis of a fixed price professional fee of Forty Nine Thousand Eight Hundred Dollars ($49 . 800 ) to cover all professional labor costs and direct and indirect expenses for travel , printing , faxes , overnight mail . etc . In any case , this amount shall be the maximum amount paid by the Owner to the Architect for - all the work hereunder as called for in the Scope of Services ( Exhibit A) . The Owner will be invoiced monthly on a percent completed by task as described in Article i, Architect's Servicesr shall be eemputed as Invoices are payable in accordance with the Florida Prompt Payment Act. F . S . Section 218 . 70 et seq . Task 1 & 2 $6 . 225 © 1988 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N .W., WASHINGTON, D .C., 20006-5292 . AIA DOCUMENT B7 - OWNER-ARCHITECT AGREEMENT - 1988 EDITION - AIA® - WARNING : Unlicensed photocopying violates U .S . copyright laws and will subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document : ruth o ' donnell . aia -- 4/16/2004 . AIA License Number 1127252, which expires on 12/31/2004. Electronic Format B727- 1988 5 Task 3 $6 . 225 Task 4 $6 . 225 Task 5 $6 .225 Task 6 $6 . 225 Task 7 $6 .225 Task 8 $6 . 225 Task 9 $6 . 225 Total $49 . 800 { sect s of satret� �g sfirpaya� s leserpemetgages, and _46-i "ll E,4e �e h of els of eHseFiea ate} f neEessef�i} FOR REIMBURSA rXPE %Tir.ozS , -as desEr-ibed -iii A#iele -3x; -fln4 -aff eche items i$Ehided 4R Miele -9 -as Reimbursable - &penses> > 12r-eject. 84 8 .2 This contract is governed by the Florida Prompt Payment Act, Chapter 218 . 70 . F . S . . et. sea . dents areae-and- pay�e__ ) days f.em + l e�te Af the A ,z achinccs�-�ts-unpaid—� days after the ai viEe�aic shall zzrce—amt-he- trate' entered -belew, -ef -iff -the absence -tler-eA -at -the -legal -r-ate-pFevailing-frem -time4e4ime -44hepfinEipal -plaee -efbusiness of the - n _, hite, . J . wo fate , a:.. .,,_""a weed open. L (Usui�rlaiocs andrequi�mems under- the FedeF4 Awdth hi Leyd* , elet, mWdkc state &9d Ag&4 eeos&mep aedit &i sw &94 ether fqmkiem ai 6be 0)oWaF4 &94 ,IWN4eC4 RAE 8� 8EeS -bu'rrr"s�-ghpeE$ }BR-9� }P- "F9 'eEf-eR� c-:rrar f Ae r4 i�tEy }Es�l914SiBR:—vpmr�c�aymwr+cc vma �eS�9 fo" o 8 . 38 IF THE SCOPE of the Project or of the Architect's services is changed materially as mutually agreed in writing by both parties , the amounts of compensation shall be equitably adjusted. ARTICLE 9 OTHER CONDITIONS 9 . 1 INSURANCE 9 . 1 . 1 The Architect shall purchase from and maintain with a company authorized to do business in the State of Florida with a Best Key Rating of A+ VI all such insurance as will protect the Owner against any and all claims for damages to persons or property as a result of actions of the Architect's operations under the Contract and for which the Architect may be legally liable whether such operations be by the Architect or by a Subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable . 9 . 1 .2 Workers' Compensation - Architect shall maintain workers' compensation to meet statutory limits in compliance with Florida Law . This policy must include employers' liability with a minimum of $ 100 . 000 each accident $ 500 . 000 disease policy limit and $ 100 . 000 disease each employee : 9 . 1 . 3 Commercial General Liability - Architect shall maintain minimum limits of $300 . 000 per occurrence combined single limit for bodily injury and property damage , and contractual liability O 1988 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE , N .W ., WASHINGTON , D . 6-5292 . AIA DOCUMENT B727 - OWNER-ARCHITECT AGREEMENT - 1988 EDITION - AIA® - WARNING : Unlicensed photocopying violates U .S . copyright laws and will subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . User Document : ruth o ' donnell .aia -- 4/16/2004. AIA License Number 1127252, which expires on 12/31/2004. Electronic Format 6727- 1988 6 9A A Business Auto Liability - Architect shall maintain minimum limits of liability of $300 . 000 per occurrence combined single limit for bodily injury and propel damage including coverage for owned autos hired autos and non -owned autos * 9 . 1 . 5 Professional Liability Insurance - Architect shall maintain professional liabilty insurance with a minimum limit of $250 . 000 per occurence if occurence form is available : or claims made from with "tail coverage" extending three (3 ) years beyond completion and acceptance of the project with proof of "tail coverage" to be submitted with the invoice for final payment In lieu of "tail coverage" Architect may submit annually to the County a current Certificate of Insurance proving_ claims made insurance remains in force throughout the same three (3 ) year period . 9 . 1 . 6 Special Requirements - Ten ( 10 ) days prior to the commencement of any work under the contract, a certificate of insurance will be provided to the Risk Manager for review and approval The certificate shall provide the County be named as an additional insured on both the general liability and auto liability policies : the County will be given thirty (30 ) days notice prior to cancellation or modification of any stipulated insurance and such notice shall be in writing by registered mail . return receipt requested and addressed to the Risk Manager it shall be the responsibility of the Consultant to insure that all subcontractors comply with all insurance requirements : 9 .2 INDEMNIFICATION yet 9. 2. 1 The Architect shall indemnify, and hold harmless the County and its agents and employees from and against all liabilities claims damages losses and expenses including attorney's fees arising out of or resulting from the performance of the work provided that any such liability, claim , damage , loss . or expense : a ) is attributable to bodily injury, sickness disease or death or to injury to or destruction of tangible property (other than the work itself) , including the loss of use resulting therefrom : and b ) is caused in whole or in part by any negligent act or omission of the contractor, and subcontractor, anemone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable . 9 . 2 . 2 In any and all claims against the County or any of its agents or employees by any employee of the contractor, any subcontractor, anyone directly or indirectly employed by any them or anyone for whose acts any of them may be liable . the indemnification obligation under the previous paragraph shall not be limited in any way-as to the amount or type of damages compensation or benefits payable by or for the contractor or any subcontractor under Workers' Compensation Acts disability benefit acts , or other employee benefit acts . 9 . 3 SUBCONTRACTORS_ 9 . 3 . 1 It i the intent of this contract to identify that the subccontractor or consultant to be used in the development of the Library Master Plan by the Architect will be Ruth O ' Donnell . Library Consultant, Tallahassee , Florida . O 1988 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N .W ., WASHINGTON, D .C . , 20006-5292 . AIA DOCUMENT B727 - OWNER-ARCHITECT AGREEMENT - 1988 EDITION - AIA® - WARNING : Unlicensed photocopying violates U .S . copyright laws and will subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . User Document : ruth o ' donnell . aia -- 4/16/2004 . AIA License Number 1127252, which expires on 12/31/2004. Electronic Format B727- 1988 7 This Agreement entered into as of the day and year first written above . OWNER : ARCHITECT: Indian River County, Florida Harvard Jolly Clees Toppe , Architects P.A. Caroline D . Ginn , ChOman man Ward J . FrilVzoloiski , R . A. Board Of County Commissioners Senior Vice President Approved by BCC Witnessed by: Attest: Jeffrey K . Barton , Clerk of Circuit Court Printed Name by: Deputy Clerk Approved as to Form and Legal Sufficiency William G. Collins , II County Attorney 6 1r o .113 J#eph Al Baird ountyAdministrator Indian River Co. Approved ;Date Administration Gey Leo ccs y Budget 5 Department Risk Mgt. // o 1988 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N .W ., WASHINGTON, D . C ., 20009-5292 . AIA D MEN B 7 - OWNER-ARCHITECT AGREEMENT - 1988 EDITION - AIA® - WARNING : Unlicensed photocopying violates U .S . copyright laws and will subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . User Document : ruth o ' donnell . aia -- 4/13/2004. AIA License Number 1127252, which expires on 12/31/2004. Electronic Format B727- 19$8 8 Exhibit A Scope of Work The master plan should take into consideration population centers such the incorporated municipalities and major areas of population concentration lying within the unincorporated area of Indian River County. In addition to existing population indicators , the plan should take into consideration the projected growth relative to both need and geographical locations . The planning horizon should be for a minimum twenty- year period. Such plan should identify a recommended type of facility to support needed expansion along with a methodology for determining when such facility is needed, how a proposed location of such facility should be determined and what type of facility should be developed. Consultant shall take into consideration various determinants such as : • existing and projected population • location of the library facilities as a function of population types, and population attractors . • transportation issues, road classifications, and public transportation opportunities The plan should take into consideration the following : • use of main library facilities • branch library facilities • storefront library facilities • joint-use library facilities • other types of facilities that may be appropriate . A method of determining optimization of library facilities should identify: • collection size, • facility expansion limitations , • occupancy loading, • staff limitations • technology limitations . The plan should make recommendations for optimizing minimum staffing for each type of identified facility including a recommended overall organizational plan for such a countywide library system. Predicated on past history and recommended facilities , the master plan should also project the operational costs of any proposed facility. Such operational cost should include the cost of personnel with expected benefits, the costs for maintenance (internal exterior and custodial) , utilities and normal anticipated operational expenses .