03/07/1990
THE AMERICAN INSTITUTE OF ARCHITECTS
AlA Document 8141/CM
CONSTRUCTION MANAGEMENT EDITION
Standard Form of Agreement Between
Owner and Architect
1980 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED.
This document is intended to be used in conjunction with
AlA Documents 8801, 1980; A101/CM, 1980; and A201/CM, 1980.
AGREEMENT
made as of the 7th I
Hundred and Ninety.
day of
March
in the year of Nineteen
BETWEEN the Owner: Monroe county. Government
5825 Jr. College Road
Public Service Building; Stock Island
Key West, FL 33040
and the Architect: Chillura & Asscoiates
Formerly known as Fletcher, Valenti & Chillura, Inc.
219 S. Bradford Avenue
Tampa, FL 33609
For the following Project:
(Include detailed description of Project location and scope.)
The design and project administration of a three level building which will
contain a records storage space and public records viewing area/office space
over a Parking area to be attached to the Southwest face of the Lancelot .
Lester Justice Building, located at Whitehead Street and Southard Street in
Key West, Florida. The design shall be such that the first level shall be
approximately 3,500 square feet of open parking. The second level shall be
approximately 4,200 square feet consisting of a film library, viewing room,
the Construction Manager: (See Attached)
(To be selected)
The Owner and the. Architect agree as set forth below.
.
Copyright 1975, @ 1980, by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006.
Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates
the copyright laws of the United States and will be subject to legal prosecution.
AlA DOCUMENT 8141/CM · OWNER-ARCHITECT AGREEMENT · CONSTRUCTION MANAGEMENT EDITION . JUNE 1980 EDITION
AlAe · @1980 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141/CM-1980 1
Continued fran page 1 - description of the project.
film laboratory, computer room, small office, lavatories, and storage
space. The third level shall be approxima.tely 4,200 square fee-t devoted
solely to the storage of records.
All record libraries and storage areas shall be fireproof, humidity
controlled and irrmune to natural disaster. Libraries and storage areas
shall be designed in accordance with the State of Florida IS Public Records
Storage Guidelines. The records viewing area shall be designed and
equipped so that viewing records will require a minimum of assistance.
The computer room shall be designed to be humidity controlled and to meet
the specifications on electronic shielding. All areas of this building
shall meet current NFPA standards. The facade shall match the facade of
the Justice Building and meet the requirements of the Key West Building
Code.
I-a
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNE R AND ARCHITECT
ARTICLE 1
ARCHITECT'S .SERVICES AND RESPONSIBILITIES
BASIC SERVICES
Unless modified by Article 15, the Architect's Basic
Services shall be provided in conjunction with, and
in reliance upon, the services of a Construction
Manager as described in the Standard Form of
Agreement Between Owner and Construction Man-
ager, AlA Document B801, 1980 Edition. They shall
consist of the five Phases described in Paragraphs
1.1 through 1.5, inclusive, and include normal
structural, mechanical and electrical engineering
services, and any other services included in Article
15 as part of Basic Services.
~~".1 SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall review the program 4~g.
"QY-~Wflef-to ascertain the requirements of the Project
and shall review and confirm the understanding of these
requirements and other design parameters with the
Owner. See Article 15.
1.1.2 The Architect shall provide a preliminary evalua-
tion of the program and the Project budget requirements,
each in terms of the other, subject to the limitations set
forth in Subparagraph 3.2.1.
1.1.3 The Architect shall review with the Owner and the
Construction Manager site use and improvements; selec-
tion of materials, building systems and equipment; con-
struction methods and methods of Project delivery.
1.1.4 Based on the mutually agreed upon program and
the Project budget requirements, the Architect shall pre-
pare, for approval by the Owner, Schematic Design Doc-
uments consisting of drawings, outline specifications and
other documents illustrating the scale and relationship of
Project components.
1.1.5 At intervals appropriate to the progress of the
Schematic Design Phase, the Architect shall provide
schematic design studies for the Construction Manager's
review, which will be made so as to cause no delay to the
Arch i teet.
1.1.6 Upon completion of the Schematic Design Phase
the Architect shall provide the drawings, outline specifi-
cations and other documents approved by the Owner for
the Construction Manager's use in preparing an estimate
of Construction Cost.
1.2 DESIGN DEVELOPMENT PHASE
1.2.1 Based on the approved Schematic Design Docu-
ments and any adjustments authorized by the Owner in
the program or the Project budget, the Architect shall
prepare, for approval by the Owner, the Design Develop-
ment Documents consisting of drawings, outline specifi-
cations and other documents to fix and describe the size
and character of the entire Project as to architectural,
structural, mechanical and electrical systems, materials,
and such other elements as may be appropriate.
1.2.2 At intervals appropriate to the progress of the De-
sign Development Phase, the Architect shall provide de-
M(O
~
sign development documents for the Construction Man-
ager's review, which will be made so as to cause no delay
to the Architect.
1.2.3 Upon completion of the Design Development
Phase, the Architect shall provide the Construction Man-
ager with drawings, outline specifications and other doc-
uments approved by the Owner for use in preparing a
further estimate of Construction Cost, and shall assist the
Construction Manager in preparing such estimate of Con-
struction Cost.
1.3 CONSTRUCTION DOCUMENTS PHASE
1.3.1 Based on the approved Design Development Doc-
uments, and any further adjustments in the scope or qual-
ity of the Project or in the Project budget authorized by
the Owner, the Architect shall prepare, for approval by
the Owner, Construction Documents consisting of Draw-
ings and Specifications setting forth in detail the require-
ments for the construction of the Project.
1.3.2 The Architect shall keep the Construction Manager
informed of any changes in requirements or in construc-
tion materials, systems or equipment as the Drawings and
Specifications are developed so that the Construction
Manager can adjust the estimate of Construction Cost
appropriately.
1.3.3 The Architect shall assist the Owner and the Con-
struction Manager in the preparation of the necessary bid-
ding information, bidding forms, the Conditions of the
Contracts, and the forms of Agreement between the
Owner and the Contractors.
1.3.4 The Architect shall assist the Owner and the Con-
struction Manager in connection with the Owner's re-
sponsibility for filing documents required for the approv-
als of governmental authorities having jurisdiction over
the Project.
1.4 BIDDING OR NEGOTIATION PHASE
1.4.1 The Architect, following the Owner's approval of
the Construction Documents and the latest estimate of
Construction Cost, shall assist the Construction Manager
in obtaining Bids or negotiated proposals by rendering
interpretations and clarifications of the Drawings and
Specifications in appropriate written form. The Architect
shall assist the Construction Manager in conducting pre-
award conferences with successful Bidders.
1.5 CONSTRUCTION PHASE-ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
1.5.1 The Construction Phase will commence with the
award of the initial Contract for Construction and, to-
gether with the Architect's obligation to provide Basic
Services under this Agreement, will end when final pay-
ment to all Contractors is due, or in the absence of a final
Project Certificate for Payment or of such due date, sixty
days after the Date of Substantial Completion of the Proj-
ect whichever occurs first.
1.5.2 Unless otherwise provided in this Agreement and
incorporated in the Contract Documents, the Architect,
in cooperation with the Construction Manager, shall pro-
AlA DOCUMENT 8141/CM · OWNER-ARCHITECT AGREEMENT · CONSTRUCTION MANAGEMENT EDITION. JUNE 1980 EDITION
AIA@ · @1980 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141/CM-1980 2
vide administration of the Contracts for Construction as
set forth below and in the 1980 Edition of AlA Document
A201/CM, General Conditions of the Contract for Con-
struction, Construction Management Edition.
1.5.3 The Architect and the Construction Manager shall
advise and consult with the Owner during the Construc-
tion Phase. All instructions to the Contractors shall be
forwarded through the Construction Manager. The Archi-
tect and the Construction Manager shall have authority
to act on behalf of the Owner only to the extent provided
in the Contract Documents unless otherwise modified by
written instrument in accordance with Subparagraph
1.5.18.
1.5.4 The Architect shall visit the site at intervals appro-
priate to the stage of construction, or as otherwise agreed
by the Architect in writing, to become generally familiar
with the progress and quality of Work and to determine
in general if Work is proceeding in accordance with the
Contract Documents. However, the Architect shall not be
required to make exhaustive or continuous on-site inspec-
tions to check the quality or quantity of Work. On the
basis of such on-site observations as an architect, the Ar-
chitect shall keep the Owner informed of the progress
and quality of Work, and shall endeavor to guard the
Owner against defects and deficiencies in Work of the
Contractors.
1.5.5 The Architect shall not be responsible for, nor
have control or charge of, construction means, methods,
techniques, sequences or procedures, or for safety pre-
cautions and programs in connection with the Project,
and shall not be responsible for Contractors' failure to
carry out Work in accordance with the Contract Doc-
uments. The Architect shall not be responsible for, nor
have control over, the acts or omissions of the Contrac-
tors, Subcontractors, any of their agents or employees, or
any other persons performing any Work, nor shall the Ar-
chitect be responsible for the Construction Manager's
obligations as an agent of the Owner.
1.5.6 The Architect shall at all times have access to
Work wherever it is in preparation or progress.
1.5.7 Based on the Architect's observations at the site,
the recommendations of the Construction Manager and
an evaluation of the Project Application for Payment, the
Architect shall determine the amounts owing to the Con-
tractors and shall issue a Project Certificate for Payment
in such amounts, as provided in the Contract Documents.
1.5.8 The issuance of a Project Certificate for Payment
shall constitute a representation by the Architect to the
Owner that, based on the Architect's observations at the
site as provided in Subparagraph 1.5.4 and on the data
comprising the Project Application for Payment, Work
has progressed to the point indicated; that, to the best of
the Architect's krtowledge, information and belief, the
quality of Work is in accordance with the Contract Doc-
uments (subject to an evaluation of Work for conform-
ance with the Contract Documents upon Substantial
Completion, to the results of any subsequent tests re-
quired by or performed under the Contract Documents,
to minor deviations from the Contract Documents cor-
rectable prior to completion, and to any specific qualifi-
cations stated in the Project Certificate for Payment); and
that the Contractors are entitled to payment in the
amount certified. However, the issuance of a Project Cer-
tificate for Payment shall not be a representation that the
Architect has made any examination to ascertain how or
for what purpose the Contractors have used the monies
paid on account of the Contract Sums. f\J\ cP
1.5.9 The Architect shall be the interpreter of the re-
quirements of the Contract Documents.AI.J tl.'-o ;ud6~ Gf tJj (
tk(: p!effarPfltlflee tkerEtlPltJl.1 15, had. tl.~ 0 n I.~I l&L I~ tkl. ~~
C~I.ll ult~1 J. The Architect shall render interpretations
necessary for the proper execution or progress of Work,
with reasonable promptness and in accordance with
agreed upon time limits. The Architect shall render writ-
ten decisions, within a reasonable time, on all claims, dis-
putes and other matters in question between the Owner
and the Contractors relating to the execution or progress
of Work or the interpretation of the Contract Documents.
1.5.10 All interpretations and decisions of the Architect
shall be consistent with the intent of, and reasonably in-
ferable from, the Contract Documents, and shall be in ~(\ ('-.
writing or in graphic form. 1Ft d~@ €a,ulf!it, sf ililterf)reter ' , ".p
ulld j tJdgl., tl.l. /....ll. itEl.t Jnllll l.fleletl" a I ta 3eetl re faithfltl
~erf8fffla"fe 8, bath tl.'-o Onl'l.1 bl.d tl.(. C61.t.alt6LJ,
sl.Clllllvl ~I.()n pCl.l;ClI;ly, CluJ ~I.ClII I.(,l b~ I:ubl'-o fo. tI.t.
,(.~tJll 6f al., ;1.tllPlltJltiBI. 51 al.l.iJi5fl Il.flel.Il.8 iPl 8888
fllitk i.. StieR faf'aeit,.
1.5.11 The Architect's decision in matters relating to
artistic effect shall be final if consistent with the intent of
the Contract Documents. The Architect's decisions on any
other claims, disputes or other matters, including those in
question between the Owner and the Contractor(s), shall
be subject to arbitration as provided in this Agreement
and in the Contract Documents.
1.5.12 The Architect shall have authority to reject Work
which does not conform to the Contract Documents, and
whenever, in the Architect's reasonable opinion, it is nec-
essary or advisable for the implementation of the intent
of the Contract Documents, the Architect shall have au-
thority to require special inspection or testing of Work in
accordance with the provisions of the Contract Docu-
ments, whether or not such Work be then fabricated, in-
stalled or completed; but the Architect shall take such
action only after consultation with the Construction
Manager.
1.5.13 The Architect shall receive Contractors' submit-
tals such as Shop Drawings, Product Data and Samples
from the Construction Manager and shall review and ap-
prove or take other appropriate action upon them, but
only for conformance with the design concept of the
Project and with the information given in the Contract
Documents. Such action shall be taken with reasonable
promptness so as to cause no delay. The Architect's ap-
proval of a specific item shall not indicate approval of an
assembly of which the item is a component.
1.5.14 The Architect shall review and sign or take other
appropriate action on Change Orders prepared by the
Construction Manager for the Owner's authorization in
accordance with the Contract Documents.
1.5.15 The Architect shall have authority to order minor
changes in Work not involving an adjustment in a Con-
tract Sum or an extension of a Contract Time and which
are not inconsistent with the intent of the Contract Doc-
u ments. Such changes shall be effected by written order
issued through the Construction Manager.
AlA DOCUMENT 8141/CM . OWNER-ARCHITECT AGREEMENT · CONSTRUCTION MANAGEMENT EDITION · JUNE 1980 EDITION
3 B141/CM-1980 AIA@ . @1980 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
a."tl
;,.N\Co
~
1.5.16 The Architect, assisted by the Construction Man-
ager, shall conduct inspections to determine the Dates of
Substantial Completion and final completion and shall
issue appropriate Project Certificates for Payment.
1.5.17 The Architect shall assist the Construction Man-
ager in receiving and forwarding to the Ow6er for the
Owner's review written warranties and related documents
assembled by the Contractors.
1.5.18 The extent of the duties, responsibilities and lim-
itations of authority of the Architect as a representative
of the Owner du ring construction shall not be modified
or extended without the written consent of the Owner,
tAg CQAtra€itQr&, the Architecte 3MB tA@ CSMDtn!l€ti8fiil ~ 1aR
agel, nkiek ea"Jel.t JI.[lIlI.3L b~ tJllI~~JOI.u~l, n:LI.I.~la.
1.6 PROJECT REPRESENTATION BEYOND -BASIC
SERVICES
1.6.1 If the Owner and the Architect agree that more
extensive representation at the site than is described in
Paragraph 1.5 shall be provided, the Architect shall pro-
vide one or more Project Representatives to assist the Ar-
chitect in carrying out such responsibilities at the site.
1.6.2 Such Project Representatives shall be selected,
employed and directed by the Architect, and the Archi-
tect shall be compensated therefor as mutually agreed
between the Owner and the Architect, as set forth in an
exhibit appended to this Agreement, which shall describe
the duties, responsibilities and limitations of authority of
such Project Representatives.
1.6.3 Through the observations of such Project Repre-
sentatives, the Architect shall endeavor to provide further
protection for the Owner against defects and deficiencies
in Work, but the furnishing of such Project representation
shall not modify the rights, responsibilities or obligations
of the Architect as described in Paragraph 1.5.
1.7 ADDITIONAL SERVICES
The following services are not included in Basic
Services unless so identified in Article 15. They shall
be provided if authorized or confirmed in writing
by the Owner, and they shall be paid for by the
Owner as provided in this Agreement, in addition
to the compensation for Basic Services.
1.7.1 Providing analyses of the Owner's needs, and pro-
gramming the requirements of the Project. See.Arti..c1e 15.
1.7.2 Providing financial feasibility or other special
studies.
1.7.3 Providing planning surveys, site evaluations, envi-
ronmental studies or comparative studies of prospective
sites, and preparing special surveys, studies and submis-
sions required for approvals of governmental authorities
or others having jurisdiction over the Project.
1.7.4 Providing services relative to future facilities, sys-
tems and equipment which are not intended to be con-
structed during the Construction Phase.
1.7.5 Providing services to investigate existing conditions
or facilities, or to make measured drawings thereof, or to
verify the accuracy of drawings or other information fur-
nished by the Owner.
1.7.6 Providing services in connection with alternative
designs for cost estimating or bidding purposes.
1.7.7 Providing coordination of work performed by
separate contractors or by the Owner's own forces.
1.7.8 Providing services in connection with the work of
separate consultants, other than the Construction Man-
ager, retained by the Owner.
1.7.9 Providing interior design and other similar services
required for or in connection with the selection, procure-
ment or installation of furniture, furnishings and related
equipment.
1.7.10 Providing services for planning tenant or rental
spaces.
1.7.11 Maki ng revisions in D rawi ngs, Specifications or
other documents when such revisions are inconsistent
with written approvals or instructions previously given,
are required by the enactment or revision of codes, laws
or regulations subsequent to the preparation of such doc-
uments, or are due to other causes not solely within the
control of the Architect.
1.7.12 Preparing Drawings, Specifications and support-
ing data and providing other services in connection with
Change Orders. If Basic Compensation is to be adjusted
according to adjustments in Construction Cost, to the
extent that any Change Order not required by causes
solely within the control of the Architect results in an
adjustment in the Basic Compensation not commensurate
with the services required of the Architect, compensation
shall be equitably adjusted.
1.7.13 Making investigations, surveys, valuations, inven-
tories, detailed appraisals of existing facilities, and serv-
ices required in connection with construction performed
by the Owner.
1.7.14 Providing consultation concerning replacement of
any Work damaged by fire or other cause during con-
struction, and furnishing services as may be required in
connection with the replacement of such Work.
1.7.15 Providing services made necessary by the failure
of performance, the termination or default of the Con-
struction Manager; by default of a Contractor; by ma-
jor defects or deficiencies in the Work of any Contractor;
or by failure of performance of either the Owner or any
Contractor under the Contracts for Construction.
1.7.16 Preparing a set of reproducible record drawings
showing significant changes in Work made during con-
struction based on marked-up prints, drawings and other
data furnished to the Architect.
1.7.17 Providing extensive assistance in the utilization of
any equipment or system such as initial start-up or testing,
adjusting and balancing, preparation of operation and
maintenance manuals, training personnel for operation
and maintertance, and constJltation during operation.
1.7.18 Providing services after issuance to the Owner of
the final Project Certificate for Payment, or in the absence
of a final Project Certificate for Payment, more than sixty
days after the Date of Substantial Completion of the
Project.
1.7.19 Preparing to serve or serving as a witness in con-
nection with any public hearing, arbitration proceeding
or legal proceeding.
1.7.20 Providing services of consultants for other than
the normal architectural, structural, mechanical and elec-
trical engineering services for the Project.
1.7.21 Providing any other services not otherwise in-
cluded in this Agreement or not customarily furnished in
accordance with generally accepted architectural practice.
AlA DOCUMENT 8141/CM · OWNER-ARCHITECT AGREEMENT · CONSTRUCTION MANAGEMENT EDITION. JUNE 1980 EDITION
AIA@ · @1980 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141/CM-1980 4
1.8 TIME
1.8.1 The Architect shall perform Basic and Additional
Services as expeditiously as is consistent with professional
ski II and care and the orderly progress of the Project.
Upon request of the Owner, the Architect shall submit
for the Owner's approval a schedule for the performance
of the Architect's services which shall be adjusted as re-
quired as the Project proceeds, and which shall include
allowances for periods of time required for the Owner's
review and approval of submissions and for approvals of
authorities having jurisdiction over the Project. The Archi-
tect shall consult with the Construction Manager to coor-
dinate the Architect's time schedule with the Project
Schedule. This schedule, when approved by the Owner,
shall not, except for reasonable cause, be exceeded by
the Architect.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
M<P
~~~
2.1 The Owner shall provide full information regarding
requirements for the Project, including a program which
shall set forth the Owner's design objectives, constraints
and criteria, including space requirements and relation-
ships, flexibility and expandability, special equipment and
systems and site requi rements.
2.2 The Owner shall provide a budget for the Project
based on consultation with the Architect and the Con-
struction Manager, which shall include contingencies for
bidding, changes during construction and other costs
which are the responsibility of the Owner. The Owner
shall, at the request of the Architect, provide a statement
of funds available for the Project and their source.
2.3 The Owner shall designate a representative author-
ized to act in the Owner's behalf with respect to the
Project. The Owner, or such authorized representative,
shall examine the documents submitted by the Architect
and shall render decisions pertaining thereto promptly to
avoid unreasonable delay in the progress of the Archi-
tect's services.
2.4 The Owner shall retain a construction manager to
manage the Project. The Construction Manager's services,
duties and responsibilities will be as described in the
Agreement Between Owner and Construction Manager,
AlA Document B801, 1980 Edition. The Terms and Con-
ditions of the Owner-Construction Manager Agreement
will be furnished ~o the Architect and will not be modi-
fied without H Mf~~"~~~r@~t Qf the Architect, \" kiek feR'
3eflt 3kall flst B@ WFlr@a&QFlalill~/ u/itbt;H~ld Actions taken
by the Construction Manager as agent of the Owner shall
be the acts of the Owner, and the Architect shall not be
responsible for them.
2.5 The Owner shall furnish a legal description and a
certified land survey of the site, giving, as applicable,
grades and lines of streets, alleys, pavements and adjoin-
ing property; rights-of-way, restrictions, easements, en-
croachments, zoning, deed restrictions, boundaries and
contours of the site; locations, dimensions and complete
data pertaining to existing buildings, other improvements
and trees; and full information concerning available ser-
vice and utility lines both public and private, above and
below grade, including inverts and depths.
2.6 The Owner shall furnish the services of soil engi-
neers or other consultants when such services are deemed
necessary by the Architect. Such services shall include
test borings, test pits, soil bearing values, percolation
tests, ai r and water poll ution tests, ground corrosion and
resistivity tests including necessary operations for deter-
mining subsoil, air and water conditions, with reports and
appropriate professional recommendations.
2.7 The Owner shall furnish structural, mechanical,
chemical and other laboratory tests, inspections and re-
ports as required by law or the Contract Documents.
2.8 The Owner shall furnish such legal, accounting and
insurance counseling services as may be necessary for the
Project, including such auditing services' as the Owner
ni"ay require to verify the Project Applications for Pay-
ment or to ascertain how or for what purposes the Con-
tractors have used the monies paid by or on behalf of the
Owner.
2.9 The services, information, surveys and reports re-
quired by Paragraphs 2.5 through 2.8, inclusive, shall be
furnished at the Owner's expense, and the Architect shall
be entitled to rely upon their accuracy and completeness.
2.10 If the Owner observes or otherwise becomes aware
of any fault or defect in the Project, or nonconformance
with the Contract Documents, prompt written notice
thereof shall be given by the Owner to the Architect and
the Construction Manager.
2.11 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.
ARTICLE 3
CONSTRUCTION COST
3.1 DEFINITION
3.1.1 The Construction Cost shall be the total cost or
estimated cost to the Owner of all elements of the Project
designed or specified by the Architect.
3.1.2 The Construction Cost shall also include at current
market rates, including a reasonable allowance for over-
head and profit, the cost of labor and materials fu rnished
by the Owner and any equipment which has been de-
signed, specified, selected or specially provided for by the
Architect. It shall also include the Construction Manager's
compensation for services, Reimbursable Costs and the
cost of work provided by the Construction Manager.
3.1.3 Construction Cost does not include the compensa-
tion of the Architect and the Architect's consultants, the
cost of the land, rights-of-way, or other costs which are
the responsibility of the Owner as provided in Article 2.
3.2 RESPONSIBiliTY FOR CONSTRUCTION COST
3.2.1 The Architect, as a design professional familiar
with the construction industry, shall assist the Construc-
tion Manager in evaluating the Owner's Project budget
and shall review the esti mates of Construction Cost pre-
pared by the Construction Manager. It is recognized,
however, that neither the Architect, the Construction
Manager nor the Owner has control over the cost of la-
bor, materials or equipment, over the Contractors' meth-
ods of determining Bid prices, or over competitive bid-
ding, market or negotiating conditions. Accordingly, the
Architect cannot and does not warrant or represent that
AlA DOCUMENT B141/CM . OWNER-ARCHITECT AGREEMENT · CONSTRUCTION MANAGEMENT EDITION · JUNE 1980 EDITION
5 B141/CM-1980 AIA@ . @1980 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006
Bids or negotiated prices will not vary from the Project
budget proposed, established or approved by the Owner,
if any, or from the estimate of Construction Cost or other
cost estimate or evaluation prepared by the Construction
Manager.
3.2.2 No fixed limit of Construction Cost shall be estab-
lished as a condition of this Agreement by the furnishing,
proposal or establishment of a Project budget under Sub-
paragraph 1.1.2 or Paragraph 2.2, or otherwise, unless
such fixed limit has been agreed upon in writing and
signed by the parties to this Agreement. If such a fixed
limit has been established, the Construction Manager will
include contingencies for design, bidding and price esca-
lation, and will consult with the Architect to determine
what materials, equipment, component systems and types
of construction are to be included in the Contract Docu-
ments, to make reasonable adjustments in the scope of
the Project, and to include in the Contract Documents
alternate Bids to adjust the Construction Cost to the fixed
limit. Any such fixed limit shalf be increased in the
amount of any increase in the Contract Sums occurring
after the execution of the Contracts for Construction.
3.2.3 If Bids are not received within the time scheduled
at the time the fixed limit of Construction Cost was estab-
lished, due to causes beyond the Architect's control, any
fixed limit of Construction Cost established as a condition
of this Agreement shall be adjusted to reflect any change
in the general level of prices in the construction industry
between the originally scheduled date and the date on
which Bids are received.
3.2.4 If a fixed limit of Construction Cost (adjusted as
provided in Subparagraph 3.2.3) is exceeded by the sum
of the lowest figures from bona fide Bids or negotiated
proposals, plus the Construction Manager's estimate of
other elements of Construction Cost for the Project, the
Owner shall (1) give written approval of an increase in
such fixed limit, (2) authorize rebidding or renegotiation
of the Project or portions of the Project within a reason-
able time, (3) if the Project is abandoned, terminate in
accordance with Paragraph 10.2, or (4) cooperate in re-
vising the Project scope and quality as required to reduce
the Construction Cost. In the cas~ of item (4), the Archi-
tect shall modify the Drawings and Specifications as nec-
essary to comply with the fixed limit, without additional
cost to the Owner if the Architect has concurred in the
Construction Manager's estimate of Construction Cost,
but subject to compensation as an Additional Service un-
der Subparagraph 1.7.11 if the Architect has not so con-
curred. The providing of such service shall be the limit of
the Architect's responsibility arising from the establish-
ment of such fixed limit, and having done so, the Archi-
tect shall be entitled to compensation for all services per-
formed in accordance with this Agreement, whether or
not the Construction Phase is commenced.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense is defined as the direct sal-
aries of all the Architect's personnel engaged on the Proj-
ect, and the portion of the cost of their mandatory and
customary contributions and benefits related thereto,
such as employment taxes and other statutory employee
benefits, insurance, sick leave, holidays,. vacations, pen-
sions and similar contributions and benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
* 5.1 Reimbursable Expenses are in addition to the com-
pensation for Basic and Additional Services and include
actual expenditures made by the Architect and the Archi-
tect's employees and consultants in the interest of the
Project for the expenses listed in the following Sub-
paragraphs: f"\
5.1.1 ~~~a. with tbe \. lP
Prefect, li.i"g _tien wf~~~ ~1(
~~~I, lePl~ tJiJta..ee fe.......tt..it;atierlJ, a..tJ f~~3 1!'8ieJ fe'l
seettfiflg 8fJfJfa.al3 af awtheritieJ haa",iFlg jyrisaietisA S.,.EN
th~ Pf8j~et. See M-tielc 15. l.
5.1.2 : ~ ;' - , : ~ ~. M 0
~:~ f)r~a~;~~f:i~i:~:i~ :~~:~~~;~~:~{::~~:3{)J~
th~ '\rehited':; eeAsHltaAts. F
~.~~~ie~~~~~~~~:~~~:e:::~i7: ~:~~:::::,g~~t~i~~:: }}A~
tieAa' Sel'\ ieu. (p
5.1.4 If authorized in advance by the Owner, expense of fJ\
overtime work requiring higher than regular rates.
5.1.5 Expense of renderings, models and mock-ups re-
quested by the Owner. tv\. CJ;
5.1.6 E)C,,~ 'u~ ef a 1'1 T 888 i ti el'l81 i 1'1 3tH8 1'1 e~ eeve 'age .,~, t'\
'i ",i tJ, i "ell:u~illg I'fefe33ie"al Jiaei lit ri "3l1 f8"CC, f~qti~Jt~8 UJ\,~
8'/ the O..:"fl~r ill e)(~~!! of tl,aL IIUlllldJly \..dll;,=(1 by l'~
Are"'it~et aAs the }- F[~it9[t'E [8RcwftaAt&.
*See Article 15.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
6.1.1 An initial payment as set forth in Paragraph 14.1 is
the minimum payment under this Agreement.
6.1.2 Subsequent payments for Basic Services shall be
made monthly and shall be in proportion to services per-
formed within each Phase of services, on the basis set
forth in Article 14.
6.1.3 If and to the extent that the period initially estab-
I ished for the Construction Phase of the Project is ex-
ceeded or extended through no fault of the Architect,
compensation for Basic Services required for such ex-
tended period of Administration of the Construction Con-
tracts shall be computed as set forth in Paragraph 14.4
for Additional Services.
6.1.4 When compensation is based on a percentage of
Construction Cost, and any portions of the Project are
deleted or otherwise not constructed, compensation for
such portions of the Project shaH be payable to the extent
services are performed on such portions, in accordance
AlA DOCUMENT B141/CM · OWNER-ARCHITECT AGREEMENT · CONSTRUCTION MANAGEMENT EDITION. JUNE 1980 EDITION
AIA~ · @1980 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NE\N YORK AVENUE, N.W., \VASHINGTON, D.C. ~0006 8141/CM-1980 6
with the schedule set forth in Subparagraph 14.2.2, based
on (1) the lowest figures from bona fide Bids or nego-
tiated proposals, or (2) if no such Bids or proposals are
received, the most recent estimate .of Construction Cost
for such portions of the Project.
6.2 PAYMENTS ON ACCOUNT OF ADDITIONAL
SERVICES
6.2.1 Payments on account of the Architect's Additional
Services, as defined in Paragraph 1.7, and for Reimburs-
able Expenses, as defined in Article 5, shall be made
monthly upon presentation of the Architect's statement of
services rendered or expenses incurred.
6.3 PAYMENTS WITHHELD
6.3.1 No deductions shall be nlade from the Architect's
compensation on account of penalty, liquidated damages
or other sums withheld from payments to Contractors, or
on account of changes in Construction Cost ot~er than
those for which the Architect is held legally liable.
6.4 PROJECT SUSPENSION OR ABANDONMENT
6.4.1 If the Project is suspended or abandoned ..in whole
. or in part for more than three months, the Architect shall
be compensated for all. services performed prior to re-
ceipt of written notice from Jhe Owner of such suspen-
sion or abandonment, together with Reimbursable Ex-
penses then due and all Termination Expenses as defined
in Paragraph 10.4. If the Project is resumed after being
suspended for more than three months'; the Architect's
compensation shall be equitably adjusted.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
... 7.1 Records of Reimbursable Expenses and expenses per-
taining to Additional Services and services performed bn
the basis of a Multiple of Direct Personnel Expense shall
be kept on the basis of generally accepted accounting
principles and shall be available to the Owner or the
Owner's authorized representative at mutually convenient
times.
ARTICLE 8
OWNERSHIP AND USE OF DOCUMENTS
8:1 Drawings andh~eciycations as instrumenthof~.:~
vice are and shall ~ the property of the ,IW~eM
whether th~T~~l~t,..for which they are made is executed
or not. The shall be permitted to retain copies, in-
cluding reproducible copies, of Drawings and Specifica-
tions for information and reference in connec~i?p~)Yith
the Owner's use and occupafl~.of the Project. ~ uraw-
"""r inls~ nfl..?RII~lY~~ons lk81!~ I!J~ us~d by ,the q.'ftlJer
V? , .-fdd'tlons,to thiS Pr e t, ~
, I ... 'N ." Ij..... It ......~ *" ". .
()~1 ~t i;-~8t iR eJ~flH11t tJ"aer tniJ ,~,gfce"H:Rt, ~)({!pt b r
agf~efAeflt ifl n ritiAg 8Aa .. itk 8t3f3ref)riat€ e8fAf3€Asati0A
to tk~ AI e:kitcct.
8.2 Submission or distribution to meet official regulatory
requirements or for other purposes in connection with
the Project is not to be construed as publication in dero-
gation of the Architect's rights.
ARTICLE 9
ARBllRA liON
,
l) tween the parties to this Agreement arising out .of or
rei ing to this Agreement or the breach thereof, shall be
deci d by arbitration in accordance with the Construc- ~
tion I ustry Arbitration Rules of the American Arbitra-
tion Ass ciation then obtaining unless the parties mutu- 'AI<""
ally agree otherwise. No arbitration arising out of or ~
relating to t is Agreement shall include, by consolidation, .'
joinder or in yother manner, any additional person not
a party to this reement except by written consent con-
taining a specific eference to this Agreement and signed "; G
by the Architect, t Owner and any other person sought ( \0-
to be joined. Any c sent to arbitration involving an ad-
ditional person or per ns shall not constitute consent to
arbitration of any disp not described therein or with
any person not named 0 described therein. This agree-
ment to arbitrate and any reement to arbitrate with an
additional person or person duly consented to by the
parties to this Agreement shall e specifically enforceable
under the prevailing arbitration w.
9.2 Notice of the demand for arb ration shall be filed in
writing with the other party to this greement and with
the kmerican Arbitration Association. The demand shall
be made within a reasonable time after e claim, dispute
or other matter in question has arisen. I no event shall
the demand for arbitration be made after t e date when
institution of legal or equitable proceedin based on
such claim, dispute or other matter in question ould be
barred by the applicable statute of limitations.
9.3 The award rendered by the arbitrators shall b final,
and judgment may be entered upon it in accordance ith
a"" I i ea e I e 18 \J\' . · . . . .
ARTICLE 10
TERMINATION OF AGREEMENT
10.1 This Agreement may be terminated by either party
upon seven days' written notice should the other party
fail substantially to perform in accordance with its terms
through no fault of the party initiating the termination.
10.2 This Agreement may be terminated by the Owner
upon at least seven days' written notice to the Architect
in the event that the Project is permanently abandoned.
10.3 In the event of termination not the fault of the Ar-
chitect, the Architect shall be compensated for all services
performed to the termination date, together with Reim-
bursable Expenses then due and all Termination Expenses
as defined in Paragraph 10.4.
10.4 Termination Expenses include expenses directly
attributable to termination for which the Architect is not
otherwise compensated, plus an amount computed as a
percentage of the total Basic and Additional Compensa-
tion earned to the time of termination, (IS follovvs:
.1 20 percent if termination occurs during the Schematic
Design Phase; or
.2 10 percent if termination occurs during the Design
Development Phase; or
.3 5 percent if termination occurs during any subse-
quent Phase.
AlA DOCUMENT 8141/CM . OWNER-ARCHITECT AGREEMENT · CONSTRUCTION MANAGEMENT EDITION · JUNE 1980 EDITION
7 8141/CM-1980 AIA~ . @1980 . THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
ARTICLE 11
MISCELLANEOUS PROVISIONS
11.1 Unless otherwise specified, this Agreement shall be
governed by the law of the principal place of business of
the Architect. .
11.2 Terms in this Agreement shall have the same mean-
ing as those in the 1980 Edition of AlA Document A201/
CM, General Conditions of the Contract for Construction,
Construction Management Edition.
. 11.3 As between the parties to this Agreement: as to all
acts or failures to act by either party to this Agreement,
any applicable statute of limitations shall commence to
run and any alleged cause of action shall be deemed to
have accrued in any and all events not later than the
relevant Date of Substantial Completion of the Project,
and as to any acts or failures to act occurring after the
relevant Date of Substantial Completion of the Project,
not later than the date of issuance of the final Project
Certificate for Payment.
11.4 The Owner and the Architect waive all rights
against each other, and against the contractors, consult-
ants, agents and employees of the other, for damages cov-
ered by any property insurance during construction, as set
forth in the 1980 Edition of AlA Document A201/CM,
General Conditions of the Contract for Construction,
Construction Management Edition. The Owner and the
Architect shall each require appropriate similar waivers
from their contractors, consultants and agents.
11.5 Insurance and Indemnification
Requirements (see Attachement B)
ARTICLE 12
SUCCESSORS AND ASSIGNS
12.1 The Owner and the Architect, respectively, bind
themselves, their partners, successors, assigns and legal
representatives to the other party to this Agreement, and
to the partners, successors, assigns and legal representa-
tives of such other party with respect to all covenants of
this Agreement. Neither the Owner nor the Architect shall
assign, sublet or transfer any interest in this Agreement
without the written consent of the other.
ARTICLE 13
EXTENT OF AGREEMENT
13.'1 This Agreement represents the entire and integrated
agreement between the Owner and the Architect and
supersedes all prior negotiations, representations or
agreements, either written or oral. This Agreement may
be amended only by written instrument signed by both
the Ovvner and the Architect.
13.2 Nothing contained herein shall be deemed to
create any contractual relationship between the Architect
and the Construction Manager or any of the Contractors,
Subcontractors or material suppliers on the Project; nor
shall anything contained in this Agreement be deemed to
give any thi rd party any claim or right of action against
the Owner or the Architect which does not otherwise
exist without regard to this Agreement.
..vA DOCUMENT B141/CM · OWNER-ARCHITECT AGREEMENT · CONSTRUCTION MANAGEMENT EDITION . JUNE 1980 EDITION
AlAe · @1980 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141/CM-1980 8
.c 4
ARTICLE 14
BASIS OF COMPENSA TIO.N
The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Artic'e 6, Payments
to the Architect, and the other Terms and Conditions of this Agreement, as follows:
NDAJ~
14.1 AN INITIAL PAYMENT of FivlP' ~....~ dollars ($ ~OO.OO ) shall be made upon execu-
tion of this Agreement and trechte tollle-owners account as follows:
d'J vtf/J $SQQ.QQ aMII he ef~dit~d eo U.... i3...l'=laLl", ~Ql':::lu !-bc:&::i~.
'4 "~( 1'1\ <0 .
14.2
14.2.1
BASIC COMPENSA liON
FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15
as part of Basic Services, Basic Compensation shall be computed as follpws:
(Here insert b~sis of compensation. including fixed amounts, multiples or oercearages, and identify Phases or parts 01 the Project to which particular
methods 01 compensation apply, if necessary.)
* See Article 15
*During the Program, Schematic and Design Development Phases, the
Basic Service Architectural/Engineering Fees shall be budgeted
for payment purposes at $ 65,751 At the end of Design Deveop-
ment, the Construction Manager shall develop an estimate of con-
struction cost which shall be multiplied by 7.07% to determine
a Lump Sum Fee. Additionally, an amount of $11,220 representing
20 trips from Tampa to Key West and return shall be budgeted.
Any savings from that travel account shall accrue to the Owner.
For purposes of this contract the Construction Cost is budgeted
at $930,000. Attachment 'A' shows how this figure was calculated.
14.2.2 wn-ere-compensanorrrs OdSeo-Orra.~npaI3ted Sum or Percentage of Construction Cost, payments' tor Basic Ser-
vices shall be made as provided in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall equal the
following percentages of the total Basic Compensation payable:
(Include any additjona~ Phases as appropriate.)
Schematic Des.ign ~ am Program Phase: percent (15 %)
Design Development Phase: percent (20 %)
Construction Documents Phase: percent (40 %)
Bidding or Negotiation Phase: perce'n t ( 5 %)
Construction Phase: percent (20 %)
14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, compensation shall
be computed separately in accordance with -Subparagraph 1.6.2.
(Here inser' basis 01 compensation which may be a stipulated sum lor a B;v~n p~riod of time or a Multiple of Direct Personnel Expense JS defined in
Article 4. /I a Multiple 01 Direct Personnel Expense is used, the Multiple should be clearly stated.)
An hourly rate based on the following schedule:
ArChitect/Principal
Architect/Project Designer
Architect/Project ~anager
Senior Draftsman
Accounting
S'ecretarial
$85.00/Hour
$65.00/Hour
$55.00/Hour
$45.00/Hour
$35.00/Hour
$25.00/Hour
AlA DOCUMENT 8141/CM · OWNER-ARCHITECT AGREEMENT · CONSTRUCTION MANAGEMENT EDITION. JUNE 1980 EDITION /
A'A- · @1980 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141 CM-1980 9
14.4 COMPENSATION FOR ADDITIONAL SERVICES
14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services included
in Article 15 as part of Additional Services, but excluding Additional Services of consultants, compensation shall
be computed as follows:
(Here insert basis of compensation, including rates and/or Multiples of Direct Personnel Expense for Principals and employees, and identify Principals
and classify employees, it required. Identify specific services to which particular methods of compensation apply, if necessary.)
14.4.2
14.5
14.6
~.~~f
14.7
14.7.1
An hourly rate based on the following schedule:
Architect/Principal
Architect/Project Designer
Architect/Project Manager
Senior Draftsman
Accounting
Secretarial
$85.00/Hour
$65.00/Hour
$55.00/Hour
$45.00/Hour
$35.00jHour
$25.00jHour
FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engi-
neering services and those provided under Subparagraph 1.7.20 or identified in Article 15 as part of Additional
Services, a multiple of One point one ( 1.10 ) times the amounts billed to the Architect for
such services.
(Identify specific types of consultants in Article 15, if required.)
FOR REIMBURSABLE EXPENSES, as described in Article 5, and any other items included in Article 15 as Reimburs-
able Expenses, a multiple of one point one ( 1.10 ) times the amounts expended by the Architect,
the Architect's employees and cons'Ultants in the interest of the Project.
Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at
the rate entered below, or in the absence thereof, at the 'legal rate prevailing at the principal place of business of
the Architect. ~ AS DEt:I4J..:O 8y TJ.lL': F.(O~II)t.) 1>G"PAA.MIiNT of: A'b~I41I~rK~TIO~
(Here insert any rate of interest agreed upon.)
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the
Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal
advice should be obtained with respect to deletion, modification or other requirements such as written disclosures or waivers.)
The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that:
IF THE SCOPE of the Project or the Architect's services is changed materially, the amounts of compensation shall
be equitably adjusted.
14.7.2 IF THE SERVICES covered by this Agreement have not been completed within ~ TWeA.Jry-':ou~
(2~ ) months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and
~ Co )j/('~ mu1i'iples set forth herein shall be equitably adjusted.
fl,~ DOCUMENT B141/CM · OWNER-ARCHITECT AGREEMENT. CONSTRUCTION MANAGEMENT EDITION. JUNE 1980 EDITION
AIA8 · @1980 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141/CM-1980 10
ARnCLE lS
OTHER CONDlnONS OR SERVICES
44
..
A. The Lump Sum fee includes all reimbursable expenses except the
following: 1) Those expenses stated in Sections 5.1.4 and 5.1.5,
2) Travel expenses for airfare and auto rental. Travel expenses
to/from Key West are based on the following sc~edule:
PHASE
TRIPS.
Program Phase
Schematic Design
Design Developnent
Construction Documents
Bid Phase
Contract Administration .
(Based on a 12 month Construction Period)
'lOl'AL :
1
2
2
2
1
12
2()
* Additional trips requested and aR;)roved by the o..mer will be considered a
reimbursable expense as per Article lS.
B. A wri tten program outlining the Owners needs. and programning the requirements
of the project is included in the lump sum fee proposal.
C. Time schedule (after a notice to proceed is initiated by Owner).
PHASE
TIME
-
Schematic Design & ProgTam
Design Developnent
Contract Documents
Bid Phase
Construction Administration
40 Days
30 Days
60 Days
30 Days.
360 Days (Estimated)
D. Travel"expenses were estimated at $ 258.00 for airfare and
$ 45.00/day auto rental, and are to be in accordance with F. S.
112.061.
. illura & AA!=;nciAte
Th1s Agreement entered into as of the day and year first written above.
OWNER
Monroe COtmt.y ~~nt:
5825 Jr. College Road, West
~~~.
y . ---. .
Mayor/Chairman
AlA DOCUMENT 11Cl/CM · OWNER.ARCHITECT AGREEMENT · CONSTRUCTION .\tANACEMENT ~OITI0N . ,UNE 1980 EDITION
AlA. · "'1980 · THE AMERICAN INSTITUTE Of I\RCHITECTS. liJ5 NEW YORK I\VENUE. N.W.. W^SHINGTON, D.C. :!00Q6 8141/CM-1980 '1
(SEAL)
Attest:
219 S. Bradford Avenue
Tamoa , FL r~ 33609
By:
...... ,.
4
Attachment 'A'
Estimated Construction Cost
Parking
Offices, Etc.
Records Storage
- 3,500 SF @ $ 25.75 = $
- 4,200 SF @ $110.00 =
- 4,200 SF @ $ 90.00 =
90,000
462,000
378,000
Total Budget
$ 930,000
OFrom Department of General Services fee curve for "average
complexity" project, Fee @ 7.07% .
Estimated Architect Fee
Basic AlE Fee
Travel Reimbursables
$ 930,000 @7.07%
20 Trips @ $ 561.00
= $ 65,751
= 11,220
76,971
ATTACHMENT "B"
INSURANCE AND INDEMNIFICATION REQUIREMENTS
FOR
ARCHITECT/ENGINEER
INSURANCE
The following coverages are required to be maintained by the
Architect/Engineer and all subcontractors in any tier throughout
the entire length of the contract and any extensions thereof:
Premises and Operations Liability Insurance
Insurance shall be obtained for premises and operations liabili- W\~
ty in amounts of not less than $1,999,999 each occurrence and ~AL
~ 2 , 889 , 898 annual aggregate. a $.00" 000 tpJ
.11,000,000 -~
Coverage shall be provided on either a standard Insurance servic-t7~
es Office (ISO) Comprehensive General Liability Form or an ISO
Commercial General Liability Occurrence Form. Alternative forms
will be acceptable so long as coverage is no less restrictive.
Coverage shall specifically include:
Bodily injury and property damage liability coverage for
premises and operations
Products and completed operations for a minimum of three
years beyond the acceptance of the work by Monroe County
Independent contractor's exposures
Property damage resulting from explosion, collapse or under-
ground (x,c,u) exposures
Blanket, contractual liabili ty covering this contract and
all other contracts entered into by Hansen Lind Meyer that
relate to this project
Personal injury liability
Broad form property damage liability
The Care, Custody and Control exclusion shall be modified to
include coverage for all activities involving this agreement
AUTOMOBILE LIABILITY INSURANCE
Comprehensive automobile liability insurance shall include cover-
age for bodily injury and property damage liability for a mini-
mum limit of, each occurrence and shall cover use of ~
owned, non-owned an hired vehicles and include employer's non- JAr
ownership liabil}ty coverage.
600,000 /tj ~(p
() - B-1 of 3
WORKER'S COMPENSATION AND EMPLOYERS LIABILITY INSURANCE
Statutory Workers' Compensation coverage including Employers
Liability coverage with limits of not less than $100,000 per
person per accident and $500,000 per person per occurrence for
disease. Coverage shall be provided to cover operations in the
state of Florida and the Voluntary Compensation endorsement
shall be provided. Coverage for federally enacted benefits
shall be provided where applicable.
,
PROFESSIONAL LIABILITY 600,000 "~O/OOO
Professional Liability Insurance shall be proVide~~ amounts of
not less than , , each occurrence and $2~, 99& annual
aggregate and include liabili ty arising out of activities of
architects, engineers and other construction professionals.
Coverage or an extended reporting period must remain in effect
for a minimum of five years following acceptance of individual
projects by Monroe County.
""0
9~r
f
GENERAL CONTRACT TERMS
All insurance policies are required to name Monroe County Board
of County Commissioners as an Addi tional Insured unless denied
by Carrier in writing and provide a minimum of sixty (60) days
notice in the event of termination, non-renewal or reduction in
coverage. Policy language shall be modified to provide liabili-
ty coverage for Cross Liability Suits between insureds without
increasing the total policy limits. Monroe County reserves the
right to require additional insurance as may be deemed necessary
for any specific project or work.
Insurers providing coverage (s) must be financially stable and
authorized to do business in the state of Florida. The Monroe
County Board of County Commissioners reserves the right to re-
ject any insurer that it believes to be unacceptable. Waiver of
any specific insurance limi t, coverage or other term or condi-
tion will not waive the remaining requirements of this insurance
section.
Failure to maintain required insurance coverage in effect will
provide Monroe County, Florida wi th the option of terminating
the contract upon written notice to the Architect/Engineer.
B-2 of 3
CERTIFICATES OF INSURANCE
The Architect/Engineer and all subcontractors in any tier agree
to furnish Monroe County Board of County Commissioners with Cer-
tificates of Insurance applicable for the full contract term and
any extensions thereof as required above. Certificates expiring
during the term of the contract shall be replaced with new cer-
tificates prior to the expiration of the original certificates.
The Architect/Engineer will ensure all subcontractors comply
with the above requirements.
Complete and certified copies of all insurance contracts shall
be furnished to The Monroe County Board of County Commissioners
if requested.
INDEMNIFICATION
The Archi tect/Engineer covenants and agrees to indemnify and
hold harmless 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 Architect/Engineer or any subcon-
tractor in any tier, or occasioned by the negligence or other
wrongful act or omission of Architect/Engineer or subcontractor
in any tier, their employees, or agents.
The first ten dollars ($10.00) of remuneration paid to Archi-
tect/Engineer is for the indemnification provided for above.
The extent of liabili ty is in no way limtied to, reduced, or
lessened by the insurance requirements contained elsewhere with-
in this agreement.
B-3 of 3
S\\'OR!' STA'fE.\1ENT UNDElt SECfl(!)l' !Si.133(3)(u).
FLORIDA ST.~ TUTES. ON .punuc ENTm' CRIMES
THJS FOR.\1 MUST BE SIGNED IN THE PRESE.~CE OF A NOTARY punuc OR OTHER OFFICER
AUTHORIZED TO ADMINISTER OATHS.
1. This sworn Statement is submitted with Bid, Proposal or Contract No.
~r Monroe County County Clerks Public Records Building
.,
...
This sworn Statement is submitted by
Chi11ura & Associates. Inc.
[name ot entity submtU1ug SWom statement]
219 S. Bradford Ave.
.
whose business address is
T~. FL 33609
(if applicable) its Federal Employer Identification Number (FEIN) is
and
59-1299989
(It the eutity has no FEIN. include the Social Security Number of the individual signing this sworn
statement:
.)
3.
My name is
.Tn~ Chilll1ra. Jr.
[please print name of indlvtduaJ signing]
and my relationship to the.
entity named above is
Pre5=;ident
4. I undctstand that a .public: entity crimc. as defined.in Paragraph 287.133(1)(g). Florida Statutes,
means a violation of any Slate or- tederallaw by a person with respect to and directly related. to the
transaction ot busineu with any public entity Ot with an agency or political subdivision ot any other
state or with the United. StlIes. induding, but not limited to, any bid or contract for goods or
services to be providec1 to any public entity or an agency or political subdivision ~ any other state
or of the United States and inVOlving antitrUSt. fraud. theft, bribery. collusion, racketeering.
conspiracy, or material misrepreseutation.
5. I undC!Stand [bat "convicted. or 'conYiction" as defined in Paragraph 287.133(1)(b), F'I2rlda Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an adjUdication at
guilt, in any !ederal or Slate trial coun of record relating to charges brought by indictment or
intorm:uion after July 1, 1989, as a result ot :1 jury verdict, nonjury trial. or entry of a piea ot ;uilty
or nolo contendere.
6. I understand that an "affiliate- as defined in Paragraph 287. 133(1) (a). Florida Statutes. means:
1. -~ predea:ssor or suc:c:essor oC a person COnvicted ot a public entity crime: ot:
2. An entity andet the contrOL of any natural person who is active in the management of the
entity and who ha! been convicted o! a ?uhUC entity cr.mc. The te:m .:lfflliale' includes those
officers. airec:ors, executives, parmers, sharehold~ employees, membm, and agents'who arc active
in the management of aD affiliate. The ownership by one peISOn of shares CODStituting a controlling
interest in another pe:son. or 3. pooling at equipment Ot iDcomc among penoDS when not fot !air
market value under an arm's length agreement, shall be a prima fade case mat ODe penoll conuoJs
another person. A person who knOWingly enters into a joint venture with a person who has been
COnvicted oC a public entity crime in Florida during the preceding 36 months shall be considered an
atiiIiate.
7. 4 understand thar a .person. as defined in Paragraph 287.133(1)(e}, Florida Statutes. means any
natural person or entity organized under the laws ot any State or of. the United States with the legal
power to enter intO a binding contract and which bids or applies to bid on COntracts for the provision
of goods or services let by a public entity, or which olheIWise transacts or applies to transact business
with a public: entity. The term "person. includes those officers, directors. executives, parmers,
sharektolders. employees, members. and agentS who are active in management of an entity.
8. Based. on information and belief, the Statemcnt which I have marked below is true in retation to the
eratit)' submitting this sworn statcmenL (Please indicate whieh statement applies.]
~ N~ither tbe entity submitting this sworn statem~n~ nor any officers. direaotst executives,
partners, snareholders9 employees. members, or agentS who are active ill management ot the entity,
nor any affiliate of the entity have been charged with and conviaed of a public c.ntitycrime
subsequent to July 1. 1989. .
_ The entity submitting this !WOrn statement, or one or morc of the otflcers, dfrecto~
executives, partners, shareholders, employees, members, or agencs who are active in management of
the entity, or an affiliate ot the entity has been charged with and convicted of a public entity crime
subsequenl to July 1~ 1989, AWl [please lDdJcate which addltSoD81 statemeD~ applies.] .
There bas been a proceeding concerning the oolMdion before a hearing" o1!lcer ot
tb.e state of Florida, Divi$iol1 of _tive Hearings. The tiDal order euterec1 by the
hearing o.(1icer did not place the person or atfiliate on the convicted vendor lisL [please
attach a eop1 ot the ftDal' order.)
_ . The person or affiIlate was placed OD the convicted vendor list. There has bcca. a
subsequent proceeding before a bearinC officer of the State of F1ori~ Division ot
Administrative Hearinl'. The final order entered by the hearing officer determined lhat it
was in the public interest to remove the penon or affiliate from the comaed vendor list.
.[please anach a copy ot the fllUIl order.]
____ Thepe:son or atmiate has not bun placed QI1 the ccll'licted ve:zdor list. [Please
describe any ac:tloll taken II)' or pendlnC with the ])epaI1meuc or Galenl Services.]
February 2.6.P
STATE OF JLcLu- d a..
~
COwrY OF =iJ~~J;(
PERSONALLY APPEARED BEFORE ~ the undersigned authOrity,
UOQ.. C hLLlLLV ~ I\J Y who? after fuse being sworn by me, a!fixcd hisJher signature
[name or t.ndi~duaJ signing]
in the. space provi4ed above on this
.06
<lay ot RLb . 19 GO .
My COmmission expires:
/'
FOr::! PUR 7068 (Rev. 11/89)