03/10/1999 AgreementBRANCH OFFICE
3117 OVERSEAS HIGH~VAY
MARATHON, FLORIDA 33050
TEL (~0S) 2~-6027
FAX (305) 289-1745
Bannl t.. o(Oage
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
S00 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-366O
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLOR/DA 33070
TEL (305) 852-7145
FAX (305) 852-7146
FROM:
DATE:
MEMORANDUM
Dent Pierce
Director of Public Works
Ruth Ann Jantzen, Deputy Clerk
March 22, 1999
On March 10, 1999, the Board of County Commissioners granted approval
and authorized execution of two contracts for A/E services for construction projects
costing $500,000.00 or less, between Monroe County and 1) Bert Bender & Associates
Architects, and 2) William P. Horn, Architect.
Enclosed please f'md a fully executed duplicate original of the above contract for
return to Bert Bender & Associates. Please note that as of this date I have not received
the wmiam Horn contract for execution.
If you have any questions concerning the above, please do not hesitate to
contact this office.
Enclosure
CC:
County Attorney
F'mance
County Administrator, w/o document
File
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CONTRACT FOR
1999 EDITION
These contract documents should be used only after consultation with counsel. The
documents are not intended as legal advice appropriate to any specific situation, nor do
they purport to address all issues which may arise between the contracting parties. The
documents should be amended or supplemented where appropriate.
This CONTRACT FOR ARCHITECTURAL SERVICES BETWEEN OWNER
AND ARCHITECT (the "Contract") is made and entered into by MONROE COUNTY,
BOARD OF COUNTY COMMISSIONERS (the "Owner") and BENDER &
ASSOCIATES ARCHITECTS, P.A. (the "Architect").
This Contract is executed under seal and shall be effective on the date executed by
the last party to execute it.
The architectural services required by this Contract are to be rendered for small
projects consisting of remodeling, roofing, ADA compliance, or renovations of building
and other capital improvements, in which construction costs do not exceed $500,000.00.
Services will include an annual contract with the Monroe County Board of
County Commissioners, with the option to renew for three additional years.
Professional services shall include, but not be limited to: Preparation and completion of
the design program for space requirements and relationships, schematic design, design
development, preparation of contract documents for bids, preparation and advertisement
for Request for Bids, tabulation and review of bids, recommendation of contract awards,
cost estimating during design and document preparation, administration of contract
documents, consultation and on-site inspections during construction, recommend
approval of contractor invoices, preparation and submittal of permit applications, zoning
applications and presentation to the County Commission.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the sufficiency
of which is hereby acknowledged, the Owner and the Architect agree:
FORM OF AGREEMENT
ARTICLE I
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Contract, the Architect makes the following express
representations and warranties to the Owner:
1.1.1 The Architect is professionally qualified to act as the architect for the Project and
is licensed to practice architecture by all public entities having jurisdiction over the
Architect and the Project;
1.1.2 The Architect shall maintain all necessary licenses, permits or other authorizations
necessary to act as architect for the Project until the Architect's duties thereunder have
been fully satisfied;
1.1.3 The Architect has become familiar with the Project site and the local conditions
under which the Project is to be designed, constructed, and operated;
1.1.4 The Architect shall prepare all documents required by this Contract including, but
not limited to, all contract plans and specifications, in such a manner that they shall be
accurate, coordinated and adequate for construction and shall be in conformity and
comply with all applicable law, codes and regulations. The Architect warrants that the
documents prepared as a part of this Contract will be adequate and sufficient to
accomplish the purposes of the Project;
1.1.5 The Architect assumes full responsibility to the extent allowed by law with
regards to his performance and those directly under his employ as Architect of Record.
1.1.6 The Architect's services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Work. The Architect shall
submit, for the Owner's and Construction Manager's information, a schedule for the
performance of the Architect's services which may be adjusted as the Project proceeds if
approved by the Owner, and shall include allowances for periods of time required for the
Owner's and Construction Manager's review, and for approval of submission by
authorities having jurisdiction over the Project. Time limits established by this schedule
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and approved by the Owner may not be exceeded by the Architect except for delay
caused by events not within the control of the Architect or foreseeable by him. In the
event the Architect does not conform to the schedule, then the Architect may be assessed
a charge up to one percent (1 %) of the fee per week until the work product is produced in
an acceptable manner. The penalty shall apply only to the completion of documents
required for bidding, said date being met with the delivery of one final set to the Owner.
The Owner shall assess the charge only after it is determined that the work delay is solely
the fault of the Architect and his sub consultants and is not the fault of the owner or other
parties not under the control of the Architect.
ARTICLE II
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 Architect's Basic Services consist of those described in Paragraphs 2.2 through
2.5, and any other services identified as part of Basic Services, and include normal
structural, mechanical and electrical engineering services. The Architect will commence
work on the services provided for in this contract promptly upon his receipt of a written
notice to proceed from the Owner. The notice to proceed must contain a description of
the services to be performed, the time within which services must be performed and the
appropriate fee calculated pursuant to Article VIII.
2.1.2 The Design for Construction shall include, but shall not necessarily be limited to,
plans and specifications which describe all systems, elements, details, components,
materials, equipment, and other information necessary for construction. The Design for
Construction shall be accurate, coordinated and in all respects adequate for construction
and shall be in conformity, and comply, with all applicable law, codes, permits, and
regulations. Products, equipment and materials specified for use shall be readily
available unless written authorization to the contrary is given by the Owner. The
Architect shall be responsible for designing the Project in accordance with the analyses
and recommendations of the geotechnical information furnished per Article 4.5.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall review the program, schedule and construction budget
furnished by the Owner to ascertain the requirements of the Project and shall arrive at a
mutual understanding of such requirements with the Owner.
2.2.2 The Architect shall review with the Owner and Construction Manager: proposed
site use and improvements, required permits, zoning, selection of materials, building
systems and equipment; and methods of Project delivery.
2.2.3 The Architect shall review with the Owner and Construction Manager alternative
approaches to design and construction of the Project.
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2.2.4 Based on the mutually agreed-upon program, schedule and construction budget
requirements, the Architect shall prepare, for approval by the Owner, Schematic Design
Documents consisting of drawings and other documents illustrating the scale and
relationship of Project components.
2.2.5 At intervals appropriate to the progress of the Schematic Design Phase, the
Architect shall provide schematic design studies for the Owner's review and the
Construction Manager's information.
2.2.6 Upon completion of the Schematic Design Phase, the Architect shall provide
drawings, outline specifications, estimate of anticipated cost in accordance with the
schematic designs, and other documents for the Owner's approval and the Construction
Manager's information.
2.3 SCHEMATIC DESIGN PHASE REQUIREMENTS
2.3.1 The Schematic Design Phase services shall respond to program requirements and
consist of preparation of: conceptual site and building plans, preliminary sections and
elevations, development of approximate dimensions, areas and volumes, concept sketches
as required to explain the design intent to the owner. Perspective renderings and models,
if required by the Owner, will be billed as an additional service or billed as a
reimbursable expense if that service is performed by additional consultants after the
Owner's written approval.
The Architect shall perform the following design phase tasks:
a. Structural DesignJDocumentation services during the Schematic Design
Phase consisting of recommendations regarding basic structural materials
and systems, analyses, and development of conceptual design solutions
for: a predetermined structural system and alternate structural systems.
b. Mechanical DesignJDocumentation services during the Schematic Design
Phase consisting of consideration of alternate materials, systems and
equipment, and development of conceptual design solutions for: energy
source(s), energy conservation, heating and ventilating, air conditioning,
plumbing, fire protection, special mechanical systems, process systems,
and general space requirements.
c. Electrical DesignIDocumentation services during the Schematic Design
Phase consisting of consideration of alternate systems, recommendations
regarding basic electrical materials, systems and equipment, analyses, and
development of conceptual design solutions for: power service and
distribution, lighting, telephones, fire detection and alarms, security
systems, electronic communications, special electrical systems, and
general space requirements.
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d. Civil Design/Documentation services during the Schematic Design Phase
consisting of consideration of alternate materials and systems and
development of conceptual design solutions for: on-site utility systems,
off-site utilities work, fire protection systems, drainage systems, and
pavmg.
2.4 DESIGN DEVELOPMENT/CONSTRUCTION DOCUMENT PHASE
2.4.1 Based on the approved Schematic Design Documents and any adjustments
authorized by the Owner in the program, schedule or construction budget, the Architect
shall prepare Design Development Documents for the Construction Manager's review
and the Owner's approval. The Design Development Documents shall consist of drawing
and other documents that establish and describe the size and character of the Project as to
architectural, structural, mechanical and electrical systems, materials and such other
elements as may be appropriate.
2.4.2 At intervals mutually agreeable to the Owner, Construction Manager and
Architect, the Architect shall provide drawings and other documents which depict the
current status of design development for the Owner's review and the Construction
Manager's information. The Architect shall provide an estimate of anticipated cost in
accordance with the design development phase.
2.4.3 Upon completion of the Design Development Phase, the Architect shall provide
drawings, outline specifications and other documents for the Owner's approval and the
Construction Manager's information. The Architect shall provide an estimate of
anticipated costs in accordance with the design development phase.
2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS
To satisfactorily perform the design development phase requirement, the Architect
must complete the tasks set forth in paragraphs 2.5.1 - 2.5.13.
2.5.1 Floor Plans - This consists of general plans, overall coordinating plans, and plan
enlargements for important and special areas.
Data required:
a. Building perimeter (footprint) and exterior wall type, thickness and
composition fixed
b. Structural grid or system
c. Major mechanical/electrical systems determined and their requirements
reflected and indicated on plans
d. Indicate building core - elevators, stairs, etc.
e. All internal partitions of appropriate thickness indicated
f. Floor, slab, and level elevations
5
g. Typical door types
h. Typical partition types
1. Built-in furniture items - special furniture and equipment (early
clarification of what is "NIC" and "by owner")
J. Larger scale (e.g., 1/4"). Key areas, lobby, entries, public plaza, major
corridors, special spaces, etc. Required: All surfaces (floor, wall, and
ceiling treatments), furniture indication, and layout.
2.5.2 General Elevations
a. Total full-height facades including roof structures
b. All fenestration
c. Overall vertical building and floor heights
d. Indicate cross-reference points with sections
e. Indicate setbacks, building profiles, expansion joints, etc.
f. Indicate treatment of visible mechanical equipment
g. System impact (precast concrete, stone, panel systems, metal/glass curtain
wall, etc.) properly selected by adequate technical investigation.
2.5.3 Sections
Overall Sections - Overall building longitudinal and transverse "building
explanation" type.
Detail Wall Sections - Largest scale (e.g., 3/4"). Dominant full-height sections
conveying basic building configuration, to indicate:
a. Foundation and perimeter treatment
b. Typical wall construction
c. Back-up structure, abutting floor system
d. Window location and insulation methods
e. Flashing, masonry coursings
f. Mechanical penetrations impact (furrings, etc.)
g. Parapet design.
2.5.4 Details - Large scale (1-112",3") as required. Indicate key conditions.
a. Window types: divisions, pattern, mullion profiles, vent detail, glazing
type, jamb/head, plan section
b. Hollow metal (typical only; keyed to plans and schedules)
c. Frame types (typical only; for compatibility and profile)
d. Stair types - egress, public, exterior (including railing design)
e. Metal and glass walls, borrowed lights, etc.; for division, profile, and
glazing
g. Interior partition types (typical only; keyed to plans and schedules)
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h. Built-in furniture items, receptions desks, work tops, counters, cabinet
types, display cases, recesses, wardrobes, millwork, etc.
2.5.5 Interior Elevations - Typical and special spaces, interfaced with, and cross-
referenced to, floor and reflected ceiling plans. Indicate:
a. Breaks
b. Level changes
c. Pertinent vertical dimensions.
2.5.6 Reflected Ceiling Plans - Typical and special spaces. Integrated plans reflecting
structural, mechanical, and electrical impacts. Plans to indicate:
a. Lighting layouts
b. Soffits, coves, furrings
c. Skylight locations
d. Ceiling materials
e. Acoustic treatments
f. Heating and ventilating register, diffuser locations
g. Sprinklers
h. Access panels.
2.5.7 Schedules - Schedules to be nonrepetitive and comprehensive, with specific
keying to floor plans and elevations.
a. Interior finishes
b. Doors and frames
c. Preliminary hardware
d. Windows/glazing
2.5.8 Specifications - Comprehensive, abbreviated methods, materials and systems
descriptions in tune with the drawings. Use CSI format with applicable section numbers.
Include all consultant portions as well as those special and supplementary conditions
specific to the project.
2.5.9 Preliminary Estimate of Construction Cost - Adjustment of the preliminary
estimate of construction cost prepared at the end of schematic design.
2.5.10 Structural Design Development Set
a. Floor plans at the same scale as the architectural drawings
b. Typical floor framing plans, including sizing of beam drops, slab
openings, thicknesses, and depressions
c. Framing indication and governing sizing at: roof structures, penthouse,
bulkheads, other
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d.
e.
f.
g.
h.
1.
J.
k.
Nontypical framing scheme where required: lobby, floors at grade, and
other
All column points established
Final column schedule
Preliminary details and sections to adequately indicate structural system
Preliminary details of major unique conditions that impact on scheme (as
determined by the architect)
Details indicating accommodation with mechanical/electrical at areas of
major interface
Design development specifications
Any necessary recommended adjustments to the preliminary estimate of
construction cost.
2.5.11 Mechanical/Electrical Design Development Set
a. Typical floor plans. Systems representation in diagrammatic (nondetailed)
style, major items of equipment indicated, their space requirements and
interface requirements with other systems. Indicate: major shafts (sizes),
chases, mechanical rooms and electric closets, and convector/fan coil
locations, etc.
b. Required punctures: wall, slab, and beam
c. Terminal plans (lobby, cellar, roof) with items of heavy equipment shown
in diagrammatic style, with their space requirements indicated:
(1) Boiler/heater spaces (include clear height requirements),
(2) Transformer vaults (approval obtained from local utility company),
(3) Switchgear, emergency generator, water storage tanks, fire pumps, etc.,
(4) Roof cooling towers, major air-conditioning and air-handling
equipment, packaged units, etc.
d. Locations of major roof air-handling equipment: cooling towers, exhaust
fans, etc.
e. Preliminary details of major and unique conditions that impact on scheme
(as determined by the architect)
f. Data to be developed in conjunction and in coordination with the project
team:
1. Integrated diagrammatic lighting plans indicating all overhead
mechanical and electrical equipment for typical floor and special
spaces
2. Cuts and explanatory information for interior visual items such as:
louvers, registers, heating/cooling units, and cabinets
3. Exterior louver requirements and proposed locations.
g. Design development specifications
h. Any necessary adjustments to the preliminary estimate of construction
cost.
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2.5.12 Site Design Development Set
a. Building location plan--building tied down dimensionally with pertinent
adjacencies, street lines and grades, property lines, required setbacks,
easements, rights of way, manholes, sewers, hydrants, light standards, etc.,
interfaced with survey
b. Main entry level datum elevation with key exterior grades at building
perimeter
c. Site development grading and landscaping plans
d. Overall preliminary site grading and defined design of external elements,
properly coordinated and interfaced with mechanical/electrical for utility
entry points
e. Indicate areaways, vaults, access to sub grade spaces
f. Preliminary site and exterior building lighting scheme with identification
of fixture types
g. Parking area defined with preliminary plotting
h. Indication of paths, stairs, ramps, berms, terraces, etc.
1. Plant materials (indication and preliminary schedule)
J. Design development details: railings, stairs, ramps, pavmg types and
patterns, kiosks, benches, light standards, others
k. Design development specifications
I. Any necessary adjustments to the preliminary estate of construction cost.
2.5.13 Other Consultants' Design Development Sets
As appropriate to the Project.
2.5.14 Limitations - The above list of drawings represents, in general, the requirements
of the Project.
2.6 CONSTRUCTION DOCUMENTS PHASE
2.6.1 Based on the approved Design Development Documents and any further
adjustments authorized by the Owner in the scope or quality of the Project of in the
construction budget, the Architect shall prepare, for approval by the Owner and
Construction Manager, Construction Documents consisting of Drawings and
Specifications setting forth in detail the requirements for the construction of the project.
2.6.2 The Architect shall provide Drawings and Specifications for the Owner's and the
Construction Manger's review.
2.6.3 Upon completion of the Construction Documents Phase, the Architect shall
provide Construction Documents for the Owner's and Construction Manager's approval.
The Architect shall provide an estimate of anticipated costs in accordance with the
construction development phase.
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2.6.4 The Architect shall assist the Owner and Construction Manager in the preparation
of the necessary bidding information, bidding forms, the Conditions of Contracts, and the
forms of Agreements between the Owner and the Contractors.
2.6.5 The Architect's construction documents (plans, specifications, etc.) will conform
to all written codes and regulations of the federal government, county, state,
municipalities, agencies and state departments, in effect at the date of this Agreement,
and shall be of such completion as to receive all permits when applied for. If permits are
denied, then the Architect will conform the construction documents in such manner to
receive permits upon such plans. Work required by the Architect to conform the
documents to federal, state, city, county, or agency specifications to allow them to be
approved shall be completed at no charge or cost to the Owner.
2.7 BIDDING OR NEGOTIATION PHASE
2.7.1 The Architect, following the Owner's approval of the Construction Documents
and the Architect's latest estimate of Construction Cost, shall assist the Construction
Manager in obtaining bids or negotiated proposals and assist in preparing contracts for
construction.
2.7.2 The Architect shall assist the Construction Manager in issuing bidding documents
to bidders and conducting pre-bid conferences with prospective bidders. The Architect,
with the assistance of the Construction Manager, shall respond to questions from bidders,
and shall issue addenda.
2.7.3 The Architect shall assist the Owner and Construction Manager in connection
with the Owner's responsibility for filing documents required for the securing of a
building permit after the County has obtained development approval. Assistance with
securing a development approval will be in the form of providing schematic drawings.
2.8
CONSTRUCTION PHASE
CONSTRUCTION CONTRACT
ADMINISTRATION
OF
THE
2.8.1 The Architect's responsibility to provide Basic Services for the Construction
Phase under this Agreement commences with the award of the Contract for construction
and terminates with the issuance to the Owner of the final Project Certificate for Payment
including the submission of all project close out documents by the Architect and
Contractor. The Architect will administer the Owner/Contractor contract as provided for
in that document. The Architect agrees to perform a project check prior to the end of the
warranty period as a part of the contract. The check shall not exceed one working day
unless additional time is approved by the Owner.
2.8.2 The Architect shall at all times have access to the Work whenever it IS III
preparation or progress.
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2.8.3 The Architect shall, as contemplated herein and in the Construction Contract, but
not otherwise, act on behalf, and be the agent, of the Owner throughout construction of
the Project. Instructions, directions, and other appropriate communications from the
Owner to the Contractor shall be given to the Contractor by the Architect or Construction
Manager.
2.8.4 Upon receipt, the Architect shall carefully review and examine the Contractor's
Schedule of Values, together with any supporting documentation or data which
the Owner or the Architect may require from the Contractor. The purpose of such review
and examination shall be to protect the Owner from an unbalanced Schedule of Values
which allocates greater value to certain elements of the Work than is indicated by such
supporting documentation or data, or than is reasonable under the circumstances. If the
Schedule of Values was not found to be appropriate, or if the supporting documentation
or data is deemed to be inadequate, and unless the Owner directs the Architect to the
contrary in writing, the Schedule of Values shall be returned to the Contractor for
revision or supporting documentation or data. After making such examination, if the
Schedule of Values is found to be appropriate as submitted, or if necessary, as revised,
the Architect shall sign the Schedule of Values thereby indicating its informed belief that
the Schedule of Values constitutes a reasonable, balanced basis for payment of the
Contract Price to the Contractor. The Architect shall not approve such Schedule of
Values in the absence of such belief unless directed to do so, in writing, by the Owner.
2.8.5 The Architect shall carefully inspect the work of the Contractor and shall, at a
minimum, inspect work at the Project site once every week. The purpose of such
inspections shall be to determine the quality and quantity of the work in comparison with
the requirements of the Construction Contract. In making such inspections, the Architect
shall protect the Owner from continuing deficient or defective work, from continuing
unexcused delays in the schedule and from overpayment to the Contractor. Following
each inspection, the Architect shall submit a written report of such inspection, together
with any appropriate comments or recommendations to the Owner.
2.8.6 The Architect shall initially approve periodic and final payments owed to the
Contractor under the Construction Contract predicated upon inspections of the work and
evaluations of the Contractor's rate of progress in light of the remaining Contract Time
and shall issue to the Owner Approvals of Payment in such amounts. By issuing an
Approval of Payment to the Owner, the Architect reliably informs the Owner that the
Architect has made the inspection of the work required, and that the work for which
payment is approved has reached the quantities or percentages of completion shown, or
both, that the quality of the Contractor's work meets or exceeds the requirements of the
Construction Contract, and that under the terms and conditions of the Construction
Contract, the Owner is obligated to make payment to the Contractor of the amount
approved.
2.8.7 The issuance of a Certificate for Payment shall not be a representation that the
Architect has (1) made exhaustive or continuous on-site inspections to check the quality
or quantity of the Work. (2) reviewed construction means, methods, techniques,
11
sequences or procedures. (3) reviewed copies of requisitions received from
Subcontractors and material suppliers and other data requested by the Owner to
substantiate the Contractor's right to payment or (4) ascertained how or for what purpose
the Contractor has used money previously paid on account of the Contract Sum.
2.8.8 The Architect shall have authority, after notification to the Construction Manager,
to reject Work which does not conform to the Contract Documents. Whenever the
Architect considers it necessary or advisable for implementation of the intent of the
Contract Documents the Architect will have authority, upon written authorization from
the Owner, to require additional inspection or testing of the Work in accordance with the
provisions of the Contract Documents, whether or not such Work is fabricated, installed
or completed.
2.8.9 The Architect shall review and approve or take other appropriate action upon
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for
the limited purpose of checking for conformance with information given and the design
concept expressed in the Contract Documents. The Architect's action shall be taken with
such reasonable promptness as to cause no delay in the Contractor's Work or in
construction by the Owner's own forces, while allowing sufficient time in the Architect's
professional judgment to permit adequate review. Review of such submittals is not
conducted for the purpose of determining the accuracy and completeness of other details
such as dimensions and quantities or for substantiating instructions for installation or
performance of equipment or systems designed by the Contractors, all of which remain
the responsibility of the Contractors to the extent required by the Contract Documents.
The Architect's review shall not constitute approval of safety precautions or, unless
otherwise specifically stated by the Architect, of construction means, methods,
techniques, sequences, or procedures. The Architect's approval of a specific item shall
not indicate approval of an assembly of which the item is a component. When
professional certification of performance characteristic of materials, systems or
equipment is required by the Contract Documents, the Architect shall be entitled to rely
upon such certification to establish that the materials, systems or equipment will meet the
performance criteria required by the Contract Documents. Architect shall take
appropriate action on submittals within 14 calendar days.
2.8.10 The Architect shall review and sign or take other appropriate action on Change
Orders and Construction Change Directives prepared by the Construction Manager for
the Owner's approval and execution in accordance with the Contract Documents.
Architect to take appropriate action within 7 calendar days.
2.8.11 The Architect shall promptly provide appropriate interpretations as necessary for
the proper execution of the work as long as there is no change in Contract price.
2.8.12 The Architect shall require inspection or reinspection and testing or retesting of
the work in accordance with the provisions of the Construction Contract whenever
appropriate.
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2.8.13 The Architect, assisted by the Construction Manager, shall conduct inspections to
determine the date or dates of Substantial Completion and the date of Final Completion.
The Architect shall forward to the Construction Manager warranties and similar
submittals required by the Contract Documents which have been received from the
Contractor. The Architect shall issue a final Project Certificate for Payment upon
compliance with the requirements of the Contract Documents.
2.8.14 The Architect shall interpret and decide matters concerning performance of the
Contractor under the requirements of the Contract Documents upon written request. The
Architect's response to such requests shall be made with promptness and within seven
days of receipt of request.
2.8.15 Interpretations and decisions of the Architects shall be consistent with the intent
of and reasonably inferable from the Contract Documents and shall be in writing or in the
form of drawings and submitted on proper Construction Change Directives
2.8.16 The Architect shall render written decisions within a reasonable time on all
claims, disputes or other matters in question between the Owner and Contractors relating
to the execution or progress of the Work as provided in the Contract Documents.
2.8.17 Duties, responsibilities and limitations of authority of the Architect shall not be
restricted, modified or extended without written agreement of the Owner and Architect.
2.8.18 The Architect shall be a representative of and shall advise and consult with the
Owner (1) during construction until final payment to the Contractor is due and (2) as a
Basic Service at the Owner's direction from time to time during the correction period
described in the Contract for Construction. This advise and consultation shall be limited
to verbal comment on actions of the Owner and shall not necessitate filing of records,
forms, or revisions to drawings, without additional compensation.
2.8.19 The Architect shall transmit to the Owner all manuals, operating instructions, as-
built plans, warranties, guarantees and other documents and things required by the
Construction Contract and submitted by the Contractor.
2.8.20 The Architect shall not have control over or charge of and shall not be responsible
for construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work, since these are solely the
Contractor's responsibility under the Contract for Construction. The Architect shall not
be responsible for the Contractor's schedules or failure to carry out the Work in
accordance with the contract Documents. The Architect shall not have control over or
charge of acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons performing portions of the Work.
2.8.21 The Architect shall testify in any judicial proceeding concerning the design and
construction of the Project when requested in writing by the Owner, and the Architect
shall make available to the Owner any personnel or consultants employed or retained by
13
the Architect for the purpose of reviewing, studying, analyzing or investigating any
claims, contentions, allegations, or legal actions relating to , or arising out of, the design
or construction of the Project. Testimony given will be provided as part of basic services
when in defense of claims for actions of the Architect, unless otherwise prevented by
counsel of the architect and which time it would be subject to subpoena. For other claims
against the Owner, the Architect will do this under an expert witness with compensation.
2.8.22 The Architect shall review any as-built drawings furnished by the Contractor and
shall certify to the Owner that same are adequate and complete.
2.8.23 The Architect shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the Architect or its
consultants, or both.
2.8.24 The Architect must reimburse the Owner for any added costs paid by the Owner
during construction that were incurred as the result of any omission, deficiency, or
conflict in the work product of the Architect, its consultants, or both. This added expense
is defined as the difference in cost from that which the Owner would have paid if the
work was included in the bid, and the actual cost presented by the Contractor.
ARTICLE III
3.1 GENERAL
3.1.1 The services described in this Article III are not included in Basic Services. They
shall be paid for by the Owner as provided in this agreement as an addition to the
compensation paid for the Basic Services but only if approved by the Owner before
commencement.
3.2 PROJECT REPRESENTATION
BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in subparagraph 2.8.5
is required, the Architect shall provide one or more Project Representatives to assist in
carrying out such additional on-site responsibilities.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing detailed quantity surveys or inventories of material and equipment.
3.4.2 Providing analyses of owning and operating costs.
3.4.3 Providing interior design and other similar services required for or in connection
with the selection, procurement or installation of furniture, furnishings and related
equipment.
14
3.4.4 Providing assistance in the utilization of equipment or systems such as testing,
adjusting and balancing, preparation of operation and maintenance manuals, training
personnel for operation and maintenance, and consultation during operation.
3.4.5 Providing analyses of the Owner's needs and programming the requirements of
the Project.
3.4.6 Providing planning surveys, site evaluations or comparative studies of prospective
sites.
3.4.7 Providing special surveys or environmental studies required for approvals of
governmental authorities or others having jurisdiction over the Project.
3.4.8 Providing services relative to future facilities, systems and equipment.
3.4.9 Providing detailed estimates of the construction cost (an item by item enumeration
and analysis of all the costs that go to make up the Architect's final estimate described in
paragraph 5.1).
3.4.10 Making investigations, inventories of materials or equipment, or valuations and
detailed appraisals of existing facilities.
3.4.11 Providing services of consultants for other than architectural, structural,
mechanical and electrical engineering portions of the Project provided as a part of Basic
Services.
3.4.12 Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted architectural practice.
3.4.13 Providing assistance with public agencies requiring formal review of project and
preparation of documents, reports, studies, renderings, models, payment of fees,
applications and other material necessary to seek such approval.
3.4.14 Providing representation before public bodies in conjunction with approval of
project, upon approval by owner.
3.5 CONTINGENT ADDITIONAL SERVICES
3.5.1 Making revisions in Drawings, Specifications or other documents when such
reVISIOns are:
a. Inconsistent with approvals or instructions previously given by the Owner,
including revisions made necessary by adjustments in the Owner's
program or Project budget;
15
b. Required by the enactment or reVISIOn of codes, laws or regulations
subsequent to the preparation of such documents and not reasonably
anticipated; or
c. Due to changes required as a result of the Owner's failure to render
decisions in a timely manner.
3.5.2 Providing services required because of significant changes in the Project
including, but not limited to, size, quality, complexity, the Owner's schedule, or the
method of bidding or negotiating and contracting for construction.
3.5.3 Providing consultation concerning replacement of Work damaged by fire or other
cause during construction, and furnishing services required in connection with the
replacement of such Work.
3.5.4 Providing services in connection with public hearings.
ARTICLE IV
OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide full information regarding requirements for the Project,
including a program which shall set forth the Owner's objectives, schedule, constraints
and criteria, including space requirements and relationships, flexibility, expandability,
special equipment, systems, and site requirements.
4.2 The Owner shall establish and update an overall budget for the Project based on
consultation with the Construction Manager and the Architect, which shall include the
Construction Cost, the Owner's other costs and reasonable contingencies related to all of
these costs.
4.3 The Owner shall designate the Construction Manager to act on the Owner's behalf
with respects to the Project. The Owner or Construction Manager shall render decisions
in a timely manner pertaining to documents submitted by the Architect in order to avoid
unreasonable delay in the orderly and sequential progress of the Architect's services.
4.4 The Owner shall furnish surveys describing physical characteristics, legal
limitations and utility locations for the site of the Project, and a written legal description
of the site. The surveys and legal information shall include, as applicable, grades and
lines of streets, alleys, pavements, and adjoining property and structures; adjacent
drainage; rights-of-way; restrictions, easements, encroachments, zoning, deed restrictions,
boundaries and contours of the site; locations, dimensions and necessary data pertaining
to existing buildings, other improvements and trees; and information concerning available
utility services and lines, both public and private, above and below grade, including
inverts and depths. All the information on the survey shall be referenced to a Project
benchmark.
16
4.5 The Owner shall furnish the geotechnical tests when requested by the Architect.
Such tests may include but are not limited to test borings, test pits, determinations of soil
bearing values, percolation tests, evaluations of hazardous materials, and ground
corrosion and resistivity tests, including necessary operations for anticipating subsoil
conditions, with reports and appropriate professional recommendations.
4.6 The Owner shall furnish all legal, accounting and insurance counseling services as
may be necessary at any time for the Project, including auditing services the Owner may
require to verify the Contractor's Application for Payment or to ascertain how or for what
purposes the Contractor has used the money paid by or on behalf ofthe owner.
4.7 The services, information, surveys and reports shall be furnished at the Owner's
expense, and the Architect shall be entitled to rely upon the accuracy and completeness
thereof.
4.8 Prompt written notice shall be given by the Owner and Construction Manager to
the Architect if they become aware of any fault or defect in the Project or non-
conformance with the Contract Documents.
4.9 The proposed language of certificate or certifications requested of the Architect or
Architect's consultants shall be submitted to the Owner for review and approval at least
14 days prior to execution. The Owner shall not request certifications that would require
knowledge or services beyond the scope of this Agreement.
4.10 The Owner shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
Architect's services and Work of the Contractors.
4.11 The Owner shall furnish the Architect copies of written communications.
4.12 The Owner's review of any documents prepared by the Architect or its consultants
shall be solely for the purpose of determining whether such documents are generally
consistent with the Owner's Criteria, as, and if, modified. No review of such documents
shall relieve the Architect of responsibility for the accuracy, adequacy, fitness, suitability
or coordination of its work product.
4.13 The Owner shall furnish structural, mechanical, chemical, air and water pollution
tests, tests for hazardous materials, and other laboratory and environmental tests,
inspections and reports required by law or the Contract Documents.
17
"
ARTICLE V
CONSTRUCTION COST
5.1 Contemporaneously with the submission of the Design for Construction, the
Architect shall submit to the Owner in writing its final estimate of the contractor's
anticipated price for constructing the Project. Once submitted, the final anticipated price
estimate shall be adjusted by the Architect to reflect any increase or decrease in
anticipated price resulting from the change in Design for Construction.
5.2 The Construction Cost shall be the total estimated cost to the Owner of all
elements of the Project designed or specified by the Architect.
5.3 The Construction Cost shall include the cost at current market rates of labor and
materials furnished by the Owner and equipment designed, specified, selected or
specially provided for by the Architect, plus a reasonable allowance for the Contractor's
overhead and profit.
5.4 Construction cost does not include the compensation of the Architect and the
Architect's consultants, the costs of land, rights-of-way, financing or other costs which
are the responsibility of the Owner.
5.5 The Architect agrees that, should the bid for construction of the project exceed it's
estimate by ten percent (10%) or more, it will redesign, redraw and/or rebid, at no
additional cost or expense to the Owner, until the bids are within the stated limits.
ARTICLE VI
6.1 INDEMNIFICATION AND HOLD HARMLESS
6.1.1 The Architect convenants and agrees to indemnify and hold harmless Monroe
County and Monroe County Board of County Commissioners from any and all claims for
bodily injury (including death), personal injury, and property damage (including property
owned by Monroe County) and any other losses, damages, and expenses (including
attorney's fees) which arise out of, in connection with, or by reason of services provided
by the Architect in any tier, occasioned by the negligence, errors, or other wrongful act or
omission of the Architect in any tier, their employees, or agents. The first ten dollars
($10.00) of remuneration paid to the Architect is for the indemnification provided for
above. The extent of liability is in no way limited to, reduced, or lessened by the
insurance requirements contained elsewhere within this agreement. Should any claims be
asserted against the Owner by virtue of any deficiency or ambiguity in the plans and
specifications provided by the Architect, the Architect agrees and warrants that he shall
hold the Owner harmless and shall indemnify him from all losses occurring thereby and
shall further defend any claim or action on the Owner's behalf.
18
ARTICLE VII
7.1 PERSONNEL
7.1.1 The Architect shall assign only qualified personnel to perform any service
concerning the Project. At the time of execution of this Contract, the parties anticipate
that the following named individuals will perform those functions as indicated:
Name
Function
Bert L. Bender Principal
William Rowan Architect
Charles Roy Archirp-ct
Lewis Robinson Architect
Leslie Johnson Interior Desi9ner
Leon Williams Architectural Designer
Angie Kelley, Daina Katubi Office Staff
So long as the individuals named above remain actively employed or retained by the
Architect, they shall perform the functions indicated next to their names.
ARTICLE VIII
8.1 PAYMENTS
8.1.1 For its assumption and performance of the duties, obligations and responsibilities
set forth herein, the Architect shall be paid monthly, not to exceed the percentages shown
in Paragraph 8.1.1.A.
(A) The Architect shall be paid for those services required by this Contract the
amounts listed on Exhibit A as described in State Fee Curve and fixed hourly
rates.
1.
2.
3.
4.
5.
Schematic Design Phase:
Design Development Phase:
Construction Documents Phase:
Bidding or Negotiation Phase:
Construction Phase
10 percent
15 percent
45 percent
5 percent
25 percent
(B) For the performance of the optional additional services and contingent
additional services described in Article III of this contract, provided same are first
authorized in writing by the Owner, the Architect shall be paid hourly at the
following rates:
(See Exhibit A)
19
(C) If the Architect's duties, obligations and responsibilities are materially
changed through no fault of the Architect after execution of this Contract,
compensation due to the Architect shall be equitably adjusted, either upward or
downward;
(D) As a condition precedent for any payment due under this Contract, the
Architect shall submit monthly, unless otherwise agreed in writing by the Owner,
an invoice to the Owner requesting payment for services properly rendered and
reimbursable expenses due hereunder. The Architect's invoice shall describe with
reasonable particularity the service rendered. The Architect's invoice shall be
accompanied by such documentation or data in support of expenses for which
payment is sought as the Owner may require
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable expenses include expenses incurred by the Architect in the interest
of the Project:
a. Expense of transportation and living expenses in connection with out-of-
county travel authorized by the Owner, but only to the extent and in the
amounts authorized by Section 112.061, Florida Statutes;
b. Fees paid for securing approval of authorities having jurisdiction over the
Proj ect;
c. Reproductions (beyond 6 signed and sealed sets, plus one set of
reproductibles );
d. Postage and handling of Drawings and Specifications;
e. Renderings and Models requested by the Owner.
f. Expense of additional insurance coverage or limits, including professional
liability insurance requested by the Owner in excess of $1 ,000,000.
8.3 BUDGETS
8.3.1 The Architect may not be entitled to receive, and the Owner is not obligated to
pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal
year (October 1 - September 30) by the Owner's Board of County Commissioners. The
budgeted amount may only be modified by an affirmative act of the Owner's Board of
County Commissioners.
ARTICLE IX
9.1 APPLICABLE LAW
9.1.1 This Contract is governed by the laws of the State of Florida. Venue for any
litigation arising under this Contract must be in Monroe County, Florida.
20
ARTICLE X
10.1 OWNERSHIP OF THE PRELIMINARY DESIGN AND THE DESIGN
FOR CONSTRUCTION
10.1.1 The Drawings, Specifications and other documents prepared by the Architect for
this Project are instruments of the Architect's service for use solely with respect to this
Project, and the Architect shall be deemed the author of these documents and shall retain
all common law, statutory and other reserved rights, including the copyright. The Owner
shall be permitted to retain copies, including reproducible copies, of the Architect's
Drawings, Specifications and other documents for information and reference in
connection with the Owner's use and occupancy of the Project. The Architect's
Drawings, Specifications or other documents shall not be used by the Owner or others on
other projects, for additions to this Project or for completion of this Project by others,
unless the Architect is adjudged to be in default under this Agreement, except by
agreement in writing and with appropriate compensation to the Architect.
10.1.2 Submission or distribution of documents to meet official regulatory requirements
or for similar purposes in connection with the Project is not to be construed as publication
in derogation of the Architect's reserved rights.
21
ARTICLE XI
11.1 SUCCESSORS AND ASSIGNS
11.1.1 The Architect shall not assign its rights hereunder, excepting its right to payment,
nor shall it delegate any of its duties hereunder without the written consent of the Owner.
Subject to the provisions of the immediately preceding sentence, each party hereto binds
itself, its successors, assigns and legal representatives to the other and to the successors,
assigns and legal representatives of such other party.
ARTICLE XII
12.1 NO THIRD PARTY BENEFICIARIES
12.1.1 Nothing contained herein shall create any relationship, contractual or otherwise,
with or any rights in favor of, any third party.
ARTICLE XIII
13.1 INSURANCE
13.1.1 The Architect shall obtain insurance as specified in the attached Exhibit B and
maintain the required insurance at all times this Contract is in effect. Errors and
Omissions Insurance shall also be maintained for a period of one year after final
completion of the project. In the event the completion of the project (to include the work
of others) is delayed or suspended as a result of the Architect's failure to purchase or
maintain the required insurance, the Architect shall indemnify the County from any and
all increased expenses resulting from such delay.
13.1.2 The coverage provided herein shall contain an endorsement providing sixty (60)
days notice to the Owner prior to any cancellation of said coverage. Said coverage shall
be written by an insurer acceptable to the Owner and shall be in a form acceptable to the
Owner.
22
ARTICLE XIV
TERMINATION
14.1 Either party hereto may terminate this Contract upon giving seven (7) days'
written notice to the other in the event that such other party substantially fails to perform
its material obligations set forth herein. Termination expenses shall include all expenses
till date of termination and any additional services required in order to stop performance
of services, subject to audit for verification.
14.1.1 Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Board of County Commissioners
and the approval of the Board members at the time of Contract initiation and it's
duration.
14.1.2 This contract is a continuing contract as described in Sec. 287.055(2)(g), F.S. In
addition to being terminated by the Owner due to nonappropriation as provided in
subparagraph 14.1.1, this contract may also be terminated by the Owner without
cause by giving the Architect at least 30 days written notice of such termination.
ARTICLE XV
ENTIRE AGREEMENT
15.1 This Contract constitutes of the form of agreement (Articles I - XV), the exhibits
that are attached and made a part of the Contract, and the documents referred to in the
form of agreement as a part of this Contract. In the event any conflict between any of
those Contract documents, the one imposing the greater burden on the Architect will
control.
15.2 Public Entity Crime Statement. A person or affiliate who has been placed on the
convicted vendor list following a conviction for public entity crime may not submit a bid
on a contract to provide any goods or services to a public entity, may not submit a bid on
a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to public entity, may not be awarded
or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017 of the Florida Statutes, for
CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
23
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Bert L. Bender
warrants that he/it has not employed,
retained or otherwise had act on his/its behalf any former County officer or employee in
violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in
violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this
provision the County may, in its discretion, terminate this contract without liability and
may also, in its discretion, deduct from the contract or purchase price, or otherwise
recover, the full amount of any fee, commission, percentage, gift, or consideration paid to
the former County officer or employee.
~
(Signature)
Date: 3/13/99
STATE OF FLORIDA
COUNTY OF MONROE
Subscribed and sworn to (or affirmed) before me on
March 13, 1999
( date) by Bert L. Bender (name of affiant). HeDl! IS
personally known to me q{~~R~~~xxxxxxxxxxxxxxxxxxxxxxxxxxxxx~
of identification) as identification.
~ I~~~. ~1,
NOTARY PUBLIC
My commission expires:
",~!/'~iJk,.
l~:&""'~~ Dalno D. KQtubi
~*: J*~ MY COMMISSION # CC714048 EXPI""S
<.'J<. '<1- Febr ~<
~1,y.""'ct."" uary 5, 2002
'"9f"f,i.,, BONDED THRU TROy FAIN INSURANCE. INC.
24
IN WITNESS WHEREOF, each party has caused this Agreef9ynt to be executed
its dulS" I apthorized representative this /tJ Ul day of
/{v\A~CtL ,1999.
t. ,:"'1.,
(SEAL J'~ 1J.S : . I'
Attest: l\~!-/ ~OLHAGE, Clerk
~~1 i,i
.~~;, .,
~.~.~~
Deputy CkrP - -~
Date:
- .-
by
By:
(SEAL)
Attest:
By:
Title:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
. .. ~
~ .t'I~..~ ---....~.-. ..
By: ~ . - --
Mayor/Chairman
ARCHITECT
Bender & Associates Architects, P .A.
By:
Title:
~~
(O~
~
25
EXHIBIT A
Bender & Associates
,\ H t' l[ '[ ]' li~ (-, 'T' S
p.il
Current hourly rates are as follows:
Principal
Architects
Interior Designer
Architectural Designer
Office Staff
$140/hour
$100/hour
$ aD/hour
$ aD/hour
$ 60/hour
410 Angela Street
KeyWest,Florida33040
Telephone(305)296-1347
Facsimile (305) 296-2727
FlorldaLlcenseAAC002022
DEC.16.98 13:Z3
FRQM.FAMING HOWEY ASSOC.
5616844516
T.444 P 0%103 F.716
DEPAIl'llCENT OF CENE1tAL SnvtcEs
DIVlSION OF CONSTlWCTI0N AN'D MAINTEHdCE
. .
UCBt'nCTS FEE SCBEDU1.E OF PlOJECT
COMPLUt'I'Y lIAS!]) ON mE OF PROJECT
,
..... .
,4
Grout' "A" - CONSlDDAlLT HOllE lllAN AVElACE COMPLaIn
Complex Laboratoriu t Complex Medical .Hospitals
Group "s" - MORE THAN AV!IAG! CO!tPL!XITY
Average Labora~orie., Mental Hospttals. Simple Medical
aoSp1tals, CIU1es, Court Houses, Theatres, Collplex
University Buildinp. Spedal 'urpose ClassroolllS,
Labora1:o't'Y C1osroo_, l.1brad.es, Aud1.tort\l;l&. Museums,
Air Terminals, Food Serv1ee Facilities, Speetalized
DeteudOl1 Areas, Detena:1asL-Treat_ut Anlas, Residences
Grovt) "Cn - &!PAnS ARD IPOVATIONS
H1seellaueoua lapain aad lleuoVat:i.oul, Altent~ to
Office Spaee o-r Dol:'il1tot"1 Space, Fi-re Code Carucci-ve \lork
Group "I)" - AVERACE CDHPLmTY
Geueral Office Space, Geueral Te.chin. Space, GyIInas1Q1l1S,
Geuer&! Det_~1ou l.iV1uC Facilities, Factory BuUdiulS
Croup "E" - USS THAN AVDACi CoMPLEXITY
A,an:lIMU1t aI.l11(U.~&s, Dotaieot'y lulldiuss. Service Garages.
Stadiums, aepee1e1ve Des1~ Facil1t1e., Off1ce Build1nls
\lith Undef:1ud uu:enot' Space (opeu fat' later pudtioDi1:&g}.
Spec1albecl Pa~. Stnactuns
Gt'OUp "F" - CONSI])DABt.l' LESS TIlAB 4\VDAGE COMPLEXIn
Warehouses. Parkias Gar.aes. Storale facili~1es
DEC-16-Q8 13:Z4 FROM-FANNING HOWEY ASSOC, 5616844516 T-444 P . oa/n3 F-736
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EXHIBIT B
11
2
1996 Edition
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FOR
VENDORS SUBMITTING PROPOSALS
FOR WORK
To assist in the development of your proposal, the insurance coverages marked with an
"X" will be required in the event an award is made to your firm. Please review this form
with your insurance agent and have him/her sign it in the place provided. It is also
required that the bidder sign the form and submit it with each proposal.
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
WC1
WC2
WC3
WCUSLH
X
X
Workers' Compensation
Employers Liability
Employers Liability
Employers Liability
US Longshoremen &
Harbor Workers Act
Federal Jones Act
Statutory Limits
$100,000/$500,000/$100,000
$500,000/$500,000/$500,000
$1,000,000/$1,000,000/$1,000,000
Same as Employers'
Liability
Same as Employers'
Liability
WCJA
Administration Instruction
#4709.3
INSCKLST
1996 Edition
GENERAL LIABILITY
As a minimum, the required general liability coverages will include:
. Premises Operations
. Blanket Contractual
. Expanded Definition
of Property Damage
· Products and Completed Operations
· Personal Injury
Required Limits:
GL1
x
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
GL2
$250,000 per Person; $500,000 per Occurrence
$50,000 Property Damage
or
$500,000 Combined Single Limit
GL3
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
GL4
$5,000,000 Combined Single Limit
Required Endorsement:
GLXCU
Underground, Explosion and Collapse (XCV)
GLLIQ
Liquor Liability
GLS
Security Services
All endorsements are required to have the same limits as the basic policy.
Administration Instruction
#4709.3
INSCKLST
1996 Edition
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
. Owned; Non-owned; and Hired Vehic1es
Required Limits:
VL1
x
VL2
VL3
VL4
BRl
MVC
PRO 1
PR02
PR03
POLl
POL2
POU
EDI
ED2
Administration Instruction
#4709.3
$50,000 per Person; $100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
$5,000,000 Combined Single Limit
MISCELLANEOUS COVERAGES
Builders '
Risk
Limits equal to the
completed project.
Motor Truck
cargo
Limits equal to the maximum
value of anyone shipment.
Professional
Liability
$ 250,000 per OccurrenceJ$ 500,000 Agg.
$ 500,000 per Occurrence/$I,OOO,OOO Agg.
$1,000,000 per OccurrenceJ$2,000,000 Agg.
Pollution
Liability
$ 500,000 per Occurrence/$I,OOO,OOO Agg.
$1,000,000 per Occurrence/$2,000,000 Agg.
$5,000,000 per Occurrence/$10,000,000 Agg.
Employee
Dishonesty
$ 10,000
$100,000
INSCKLST
1996 Edition
..
GKl Garage $ 300,000 ($ 25,000 per Veh)
GK2 Keepers $ 500,000 ($100,000 per Veh)
GIG $1,000,000 ($250,000 per Veh)
MEDl Medical $ 250,000/$ 750,000 Agg.
MED2 Professional $ 500,000/$ 1,000,000 Agg.
MED3 $1,000,000/$ 3,000,000 Agg.
MED4 $5,000,000/$10,000,000 Agg.
IF Installation Maximum value of Equipment
Floater Installed
VLPl Hazardous $ 300,000 (Requires MCS-90)
VLP2 Cargo $ 500,000 (Requires MCS-90)
VLP3 Transporter $1,000,000 (Requires MCS-90)
BLL Bailee Liab. Maximum Value of Property
HKLI Hangarkeepers $ 300,000
HKL2 Liability $ 500,000
HKL3 $ 1,000,000
AIRI Aircraft $ 1,000,000
AIR2 Liability $ 5,000,000
AIR3 $50,000,000
AEOI X Architects Errors $ 250,000 per Occurrence/$ 500,000 Agg.
AE02 & Omissions $ 500,000 per Occurrence/$I,OOO,OOO Agg.
AE03 $1,000,000 per Occurrence/$3,000,000 Agg.
EOI Engineers Errors $ 250,000 per Occurrence/$ 500,000 Agg.
E02 & Omissions $ 500,000 per Occurrence/$I,OOO,OOO Agg.
E03 $1,000,000 per Occurrence/$3,000,000 Agg.
Administration Instruction
#4709.3
INSCKLST
1996 Edition
INSl TRANCE AGENTS STATEMENT
I have reviewed the above requirements with the bidder named below. The following
deductibles apply to the corresponding policy.
POLICY
DEDUCTIBLES
Liability policies are _ Occurrence _ Claims Made
Insurance Agency
Signature
BIDDERS STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply
in full with all the requirements.
Bidder
Signature
Administration Instruction
#4 709.3
INSCKLST
.
.... ..)1 qql.!~~..........~t;!llgl.&I..G~m~::..~.t;;:"'...JJ.I.7X..I3.I.IlI..r...ll\I.~:~..RII.I:I:=~.:................... DAn IMMIDDIYYI
11/18/98
PROI'UCER THIS CERTIRCATE IS ISSUED AS A MATTER OF INFORMATION
aa nmmHATI:OHAL. mc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIRCATE
LBI:GB W. MCCREARY HOLDER. THIS CERTIRCA TE DOES NOT AMEND. EXTEND OR
6161 BLtJB LAGOON DR StJI:TB 420 ALTER THE COVERAGE AFFORDED BY THE POUCIES BROW.
IIIAJa FL 33126 COMPANIES AFFORDING COVERAGE
Leigh W. Mccreary COMPANY
A WESTERN WORLD mS'ORANCB CO.
_No. 266-9954 Fa No.
INSURED COMPANY
).51 B
/ COMPANY
BENDER r. ASSOCI:A'l'BS ARCHI:'l'BC'1'S C
410 Angela Street COMPANY
ltey W.st FL 33040 D
.... ~. .. .... ~... ................ ....... ....
THIS IS TO CERnFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDlnON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHIOf THIS
CERnFlCATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDlnONS OF SUCH POUClES, UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
<<1:0 TYPE OF INSURANCE POUCY NUMBER POLICY EFFECTIVE POLICY EXPIRATION UMIfS
LII'R DAn lMMIDOIYYI DAn lMMIDOIYYI
~ERAL UABlUTY GENERAL AGGREGAn _500,000
A X COMMERCIAL GENERAL UABIUTY NGL43328 10/25/98 10/25/99 PRODUCTS. COMPIOP AGG - INC'L. ABOV
ms CWIIS MADE [jJ OCCUR PERSONAL 10 ADV INJURY _500,000
- OWNER'S 10 CONTIIACTOR'S PROT EACH OCCURRENCE _500,000
FIRE DAMAGE IAny _ fire! - 50,000
-
MED EXP IAny _ per-.! - 1,000
AUTOMOIlU LIA8lUTY 'flr 8" IS ~~M:';'
'-" COMBINED SINGLE UMIT -
I-- ANY AUTO
ALL OWNED AUTOS BODILY INJURY
- ~i IPer per-.! -
SCHEDULED AUTOS -1\ k1rl1
- ;E
HIRED AUTOS BODILY INJURY
- "" lPer lICCiMntl -
NONoOWNED AUTOS /
- .:\.,L.R: I ~. _YES
r() f'. PROPERTY DAMAGE -
~E UABlUTY U~ . ~ Yo ~ /)y AUTO ONLY. EA ACCIDENT -
ANY AUTO l.~ OTHER THAN AUTO ONLY: I ..
'-" (( '. ? -"u;'f. ( n
l- EACH ACCIDENT -
'--
AGGREGATE -
EXCESSUABlUTY U EACH OCCURRENCE -
=1 UMBRELLA FORM AGGREGATE -
OTHER THAN lJMBRFlLA FORM -
WORltEIIS COMPENSATION AND IfC STATU- I 10Jr' .................s....
EMPLOYEIIS' UA8IUTY El EACH ACCIDENT -
THE PROPRIETOR! RINCl El DISEASE. POUCY UMIT -
PARTNERSIEXECUTlVE
OFFICERS ARE: EXCl El DISEASE. EA EMPLOYEE -
OTHER
DESCRIPTION Of OPERATlONSILOCATlONSNBtICLESISPECIAL ITEMS
CBRTI:P'I:CA'l'B HOLDER I:S ALSO NAIIBD ADDI:TI:ONAL mStJRED ATI:HA
CERTIFlC~TEHOLOER ..........:.. .. ........... --=7.
...,
MONROEC SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCEUED BEFORE THE
EXPIRATION DAn THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
10 OAYS WRITTEN NOTICE TO THE CERTIF1CAn HOLDER NAMED TO THE LEFT.
MONROE COUNTY BOARD OP = I J ;;;;;;-....... ,. - - """"...... ..............- OR ~
COHIII:SSI:ONERS III~ 'CJ y' ., - ....u.......__........" OR _A",,".
5100 COLLEGE ROAD
KEY WEST P'L 33040 !:'!.TI: - AUTHORIZED REPRESENTATIVE ~,~ Lt) rtll
Ii': mf. I. -........// L:~-;~ W. MCCreary--$-., .. .'.
ACORD 25~S (1/95) ~ ...... .....ACORDCORPORATlON 1988
Sri + /I ,9 L ~I qr;
l
Florida ~~L~ Federation
i~~self Insurers Fund
~~ Administered and serviced by Summit Consulting, Inc.
~ ~ P.O. Drawer 988 · Lakeland, FL 33802-0988
.. Telephone (941) 665-6060 0' 1-800-282-7648 . Fax (941) 666-1958
Board or Trustees
W. "Bill" Kundrat. Jr.. Chairman. Tallahassu
George Sandefer. Vice Chairman. Gainesville
Nis Nissen. lAke/and
William C. Rustin. Jr.. Tallahassee
Charles R. Wintz. Jacksom'ille
rv::~;r-:.: .:~
~i'~ 'I. )
i
\:.1 "ll/F/)
li~2' - i) r+~
,:\~"",
F'\ ~
~.\ '>
(~ . - '\
'Vlto-in:.....
AMENDED
CERTIFICATE OF INSURANCE-
RE: 0520-15056
ISsmID TO: m~:~~~;y~~::ruction Mgmt_ :~;~k~~ 1JeR/glil"!!
This is to certify that Bender & Associates Architects. P A
410 Anllela Street. Kev West. FL 33040 '_' _.___ ._
being subject to the provisions of the Florida Workers' Compensation Act.
has secured the payment of the compensation by insuring their risk with the
Florida Retail Federation Self Insurers Fund.
COVERAGE NUMBER: 0520-15056
Statutory-State of Florida
EFFECTIVE DATE: January 1. 1999
EXPIRATION DATE: Januarv 1. 2000
Employers Liability
$100,000 (Each Accident)
$100,000 (Disease-Each Employee)
$500,000 (Disease-Policy Limit)
REMARKS:
CANCELLATION: Should the above described policy be cancelled before the
expiration day thereof. the issuing company will endeavor to mail ~ days
written notice to the above named certificate holder. but failure to mail such
notice shall impose no obligation or liability of any kind upon the company.
This certificate is not a policy and of itself does not afford any insurance.
Nothing contained in this certificate shall be construed as extending coverage
not afforded by the policy shown above or as affording insurance to any
insured not named above.
..,Y
WA1VER:
~.~ .?Vf~
~~~
CL'.{l1W1l
~~~
~
DATt
u/~ n:13J1
December 29. 1998
Summit Consulting, Inc., Administrator
Florida Retail Federation Self Insurers Fund
01448
Iph8
Date
" MONEOc ::a!J~J:--:f ...
''''~'''~T~''I'I'''T~~'''' ,.,'.... -.~Io.:::...T
r.c"' DE~ 1998
i -,,'r.
. Ill'J:r:.
! r;r:Cf-I";-:' \ ,o'r
. .::'. <:_::::-":-:-:.--' - ----
-
ACORD.. CERTIFll - OF LIABILITY'INS'UI ' INC~EIm DATE CMIIlDDIYV)
.
i, - 01/12/99
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
eM! INTERNATIONAL , INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
LEIGH W. MCCREARY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
6161 BLUE LAGOON DR SUITE 420 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
MIAMI FL 33126 COMPANIES AFFORDING COVERAGE
Leiqh W. McCreary COMPANY
Phone No. 266-9954 F.. No. A STEADFAST INSURANCE CO.
INSURED COMPANY
,;"c:" B
/ COMPANY
Bender & Associates Architects C
410 Anqel.a Street COMPANY
Key West FL 33040 D
COVERAGES
ntlS IS TO CER11FY THAT ntE POUClES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO ntE INSURED NAMED ABOVE FOR ntE POUC'f PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDI110N OF ANY CONTRACT OR O1llER DOCUMENTWI1H Rl!SPECTTO WHICH THIS
CEJmFlCATE MAY BE ISSUED OR MAY PERTAIN, ntE INSURANCE AFFORDED BY ntE POUClES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDI110NS OF SUCH POUClES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POUCY NUMBER POUCY EFFECTIVE POUCY EXPIRA110N UIIITS
LTR DATE (MIIIDDIYY) DATE (MIIIDDIYY)
GENERAL LIABIUlY GENERAL AGGREGATE .
-
COMMERCIAL GENERAL UABlUTY PRODUCTS. COMPIOP AGG .
I a.AlMS MADE 0 OCCUR PERSONAL. ADV INJURY .
OWNER'S . CONTRACTOR'S PROT EACH OCCURRENCE .
I--
.;-"~9.~~ S~~K)~Aft~ (t,r-~ FIRE DAMAGE (Any _ tlrel .
~
-.., MED EXP (Any _ pMSOlIl .
AUTOMOBILE UABlUTY TI \. I\. /V~JI v ~ -
- ..Y \ - III ~ 99 COMBINED SINGLE UMIT .
ANY AUTO
-
ALL OWNED AUTOS \l( -' BODILY INJURY
- - .
SCHEDULED AUTOS (PerpMSOlll
f- '-L.YS -
HIRED AUTOS ' ol'ER: ~, ~ .-. ''-- BODlL Y INJURY
- (Per KCldentl .
NON.owNED AUTOS
I-- 010.', CO( J(J-;
I-- PROPERTY DAMAGE .
GARAGE UABlUlY U Cc '. "i k12e AUTO ONLY. EA ACCIDENT .
-
ANY AUTO O1llER 11tAN AUTO ON\. Y:
- ndYn90u
C( l EACH ACCIDENT .
-
AGGREGA11! .
EXCESS UABlUTY . ......____.. _.h.- _"__. \J EACH OCCURRENCE .
_. -. ---- ---~
R UMBRELLA FORM . .,...- ~ ".,,", . AGGREGATE .
. "'-"
'. ...
O1llER 11tAN UMBRELLA FORM ,; .
WORKERS COMPENSAll0N AND JAN 2 0 19S : WCSTATU. I~
EMPLOYERS' UABlUTY 9 EL EACH ACCIDENT .
ntE PROPRlETORI .... . r\ I
R INCL . ' i EL DISEASe. POUCY UIIlT .
PARTNERSlEXECU11VE ........... --~
--- :-1,'- -~--
OFFICERS ARE: EXCL ,,,. ~. EL DISEASE. EA EMPLOYEE .
OntER -. ..~.. '---.
A Professional. EPC7994721-05 01/05/99 01/05/00 Ea. Claim $1,000,000
Liabil.ity Aqqreqate $1,000,000
DESCRlP110N OF OPERAll0NSlLOCA 110NSlVEHICLESlSPECIAL ITalS
THIS IS A CLAIMS MADE POLICY. COVERAGE APPLIES ONLY TO THOSE CLAIMS WHICH
FIRST OCCUR AND ARE FIRST REPORTED TO THE COMPANY DURING THE POLICY TERM.
CERTIFICATE HOLDER CANCEUA TlON
BOARDOF SHOULD ANY OF ntE ABOVE DESCRIBED POUClES BE CANCELLED BEFORE ntE
EXPlRAll0N DATE ntEREDF, ntE ISSUING COMPANY WILL ENDEAVOR TO MAIL
COUNTY OF MONROE 2L DAYS WRITTEN NonCE TO ntE CERnFlCATE HOLDER NAIoIIED TO ntE LEFT,
RISK MANAGEMENT BUT FAILURE TO MAIL SUCH NOllCE SHALL IMPOSE NO OBUGAnoN OR UABlUlY
MARIA DE RIO -1L . cy OF ANY KIND UPON THE COMPANY.'rrs '-'GENTS OR REPRESl;NTAnvES.
5100 COLLEGE ROAD ., -:: __ L3/ C}
KEY WEST FL 33040 ~rnO_O~"""'A=d>U\ ~ ~ ~
ACORD 25-5 (1/95) '."11..\1 ;;Gl Leigh W. MeCre ~ TION 1988
,., .,.... . c: 1 . A ORD
~ Prudential
~
Pn" al Property and Casualty
InSIH.llce Company
11111~~lnl[,]~nIIUllmlllllllnlllllll
P. O. Box 52102
Phoenix, AZ 85072
XME3301560
A Subsidiary of The Prudential Insurance
Company of America
Certificate of Insurance
Policy Number: 39 4A652282
Client Services
1-800-215-3495
Lienholder Name
and P.O. Address
MONROE COUNTY RISK MNGT
5100 COLLEGE RD
KEY WEST FL 33040-4319
11.11...11111....1..111.1..1..1.111....11111..11..111.....11.1
Bender Nancy G Dba Bender &
Associates Arcitects PA
619 Elizabeth Street
Key West FL 33040
DATE
W~'VER: ~;; .....? YES
Policy effective
From 12/03/1998
Until Terminated
UUb'. cn:-~
CC. ~
COrtd-rY\uJ
tiY
o Loss Payee
~ Additional Interest
Vehicle Data:
Expo
Body Type
Wag 4X2
Vehicle Identification #
Veh. Year
Make
Model
94
Mitsubishi
JA3ED59G9RZ017684
Coverage Data:
Bodily
Injury
Property
Damage
Uninsured
Motorists
Underinsured
Motorists
Collision
Deductible
Comprehensive
Deductible
100,000/
300,000
50,000
100,000/
300,000
250
250
Transaction Effective Date: 12/01/1998
Messages:
LOSS PAYABLE COVERAGE AFFORDED
INITI^L
\~- \\- <U-
\IoQ
O^TE
Certificate of Insurance - The Company states that it has issued to the insured named on this
certificate a policy which includes the coverage(s) shown.
The Loss Payee's interest or the Additional Insured's interest (which includes a Leasing
Company) under the Certificate of Insurance will continue in force until terminated. Notice of
termination will be mailed to the Loss Payee or the Additional Interest at least 10 days before
the effective date of the termination. A Loss Payee or an Additional Interest should review the
Loss Payee and Additional Interest Clause and/or the Additional Interest Clause shown on the
reverse.
PAC 187 Ed. 4/93
LA33-00156.
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers'
Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the State of
Florida and the company or companies must maintain a minimum rating of A-VI, as assigned by the A.M.
Best Company.
If the Contractor has been approved by Florida's Department of Labor, as an authorized self-insurer, the
County shall recognize and honor the Contractor's status. The Contractor may be required to submit a
Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details
on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In
addition, the contractor may be required to submit updated financial statements from the fund upon
request from the County.
Administrative Instruction
#4709.2
WC1
WRK_COMP.DOC
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT:
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall
obtain General Liability Insurance. Coverage shall be maintained throughout the life of
the contract and include, as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Co.ntractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
extend for a minimum of twelve (12) months following the acceptance of work by the
County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
Administrative Instruction
#4709.2
GL1
GEN_L1AB.DOC
1996 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to
the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained
throughout the life of the contract and include, as a minimum, liability coverage for:
. Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined single Limit (CSL)
If split limits are provided,.the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25.000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfy the above requirements.
Administrative Instruction
#4709.2
VL1
VEH_L1AB.DOC
1996 Edition
ARCHITECTS ERRORS AND OMISSIONS
LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves the furnishing of an:hitec\Ural services, the
Contractor shall purchase and maintain, throughout the life of the contract, Architects Errors and
Omissions Liability Insurance which will respond to damages resulting from any claim arising out of the
pertonnance of professional services or any error or omission of the Contractor arising out of work
governed by this contract.
The minimum limits of liability shall be:
$250,000 per Occurrence/$500,000 Aggregate
ARC_E&O.DOC
AE01
Administrative Instruction
#4709.2