01/20/1994
A/A Document B141/CMa
Standard Form of Agreement Between
Owner and Architect
Where the Construction Manager is NOT a Constructor
1992 CONSTRUCTION MANAGER-ADVISER EDITION
THIS DOCUlviENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN
ATTORNEY IS ENCOURAGED WITH RESPECT TO iTS COMPLETiON OR MODIFICATION
This document is intended to he used in conjunction with the 1992 editions ol
AlA Documents B8GIICMa, AlOlICMa and A20l1C/IIa.
AGREEMENT
No. FF-102
made as of the dOli^-.., day of ~~.. r /wJ
~riJ,')='mrc;j,\&j t~L''-L~a -It-"~ 1";'1"14) .
in the year of
BETWEEN the Owner:
Monroe County Board of County Commissioners
500 Whitehead Street
Key West, FL 33040 -7
(/Vanu.' and address)
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and the Architect:
Currie Schneider Associates, ALA, PA
25 Seabreeze Avenue
Delray Beach, FL 33483
(407) 276-4951
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(Vcnne alld address)
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for the following Project: Key Largo Fire Station, Key Largo, Florida.
(IJlclude detailed descriptioN (~l Prqject, location. address and scope)
The one story Fire Facility of approximately 6,200 square feet,
similar to the Big Coppitt Station.
The Construction Manager is:
(Name and address)
Morrison Knudsen/Gerrits
5090 College Road
Key West, FL 33040
(305) 292-7845
The Owner and Architect agree as set forth below.
Copyright 1')'7'). 19f!O, (c) 19')2 bv Thc Amcrican Institutc ofArchitccts, 175') New York Avc'nue, N.W, Washington, nc. 20006-')292. Rcproduction of the material hcrcin
or substantial quotation of its provisions without the writtcn permission of the AlA violatcs the copvright la,,'s of the I 'nited States and will subject the violator to
legal prosecution.
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AlA DOCUMENT 8141/CMa . OWNER,ARCHITECT AGREEMENT. CONSTRI'CTION MANAGER-
ADVISER EDlTIO"! . 1992 EDITION. A1A@ . @I992 . 1'1 IE AMERICAN 1NSTITl'TE OF ARCHITECTS,
1"-," NEW YORK AVENI'E, :--I.W. WASHINGTON. D.c 20006~,)292 . WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
B141/CMa-1992 1
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SERVICES
1.1.1 The Architect's services consist of those services per-
formed by the Architect, Architect's employees and Architect's
consultants as enumerated in Articles 2 and 3 of this Agree-
ment and any other services included in Article 12.
1.1.2 The Architect's services shall be provided in conjunc-
tion with the services of a Construction Manager as described
in the edition of AlA Document B80l/CMa, Standard Form
of Agreement Between Owner and Construction Manager,
current as of the date of this Agreement.
1.1.3 The Architect's services shall be performed as expedi-
tiously as is consistent with professional skill and care and
the orderly progress of the Work. The Architect shall submit
for the Owner's approval and the Construction Manager's
information a schedule for the performance of the Architect's
services which may be adjusted as the Project proceeds, and
shall include allowances for periods of time required for
the Owner's and Construction Manager's review and for
approval of submissions by authorities having jurisdiction over
the Project. Time limits established by this schedule approved
by the Owner shall not, except for reasonable cause, be ex-
ceeded by the Architect or Owner.
1.1.4 The services covered by this Agreement are subject to
the time limitations contained in Subparagraph 11.5.1.
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The Architect's Basic Services consist of those de-
scribed in Paragraphs 2.2 through 2.6 and any other ser-
vices identified in Article 12 as part of Basic Services, and
include normal structural, mechanical and electrical engineer-
ing services.
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 under-
standing of such requirements with the Owner.
2.2.2 The Architect shall review with the Owner and Con-
struction Manager proposed site use and improvements; selec-
tion of materials, building systems and equipment; and
methods of Project delivery.
2.2.3 The Architect shall review with the Owner and Con-
struction Manager alternative approaches to design and con-
struction of the Project.
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 Docu-
ments consisting of drawings and other documents illustrat-
ing the scale and relationship of Project components.
2.2.5 At intervals appropriate to the progress of the Schematic
Design Phase and mutually agreeable to the Owner, Construc-
tion Manager and Architect, the Architect shall provide schem-
atic design studies for the Owner's review and the Construc-
tion Manager's information.
2.2.6 In the further development of the drawings and speci-
fications during this and subsequent phases of design, the
Architect shall be entitled to assume the accuracy of the esti-
mates of Construction Cost which are to be provided by the
Construction Manager under the Construction Manager's
agreement with the Owner.
2.2.7 Upon completion of the Schematic Design Phase, the
Architect shall provide drawings, outline specifications and
other documents for the Owner's approval and the Construc-
tion Manager's information.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 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 Man-
ager's review and the Owner's approval. The Design Develop-
ment Documents shall be based upon data and estimates
prepared by the Construction Manager and shall consist of
drawings 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.
2.3.2 At intervals mutually agreeable to the Owner, Construc-
tion Manager and Architect, the Architect shall provide draw-
ings and other documents which depict the current status of
design development for the Owner's review and the Construc-
tion Manager's information.
2.3.3 Upon completion of the Design Development Phase,
the Architect shall provide drawings, outline specifications and
other documents for the Owner's approval and the Construc-
tion Manager's information.
2.4
CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Docu-
ments and any further adjustments authorized by the Owner
in the scope or quality of the Project or in the construction
budget, the Architect, utilizing data and estimates prepared
by the Construction Manager, shall prepare, for approval by
the Owner, Construction Documents consisting of Drawings
and Specifications setting forth in detail the requirements for
the construction of the Project.
2.4.2 At intervals mutually agreeable to the Owner, Construc-
tion Manager and Architect, the Architect shall provide Draw-
ings and Specifications for the Owner's and the Construction
Manager's review.
2.4.3 Upon completion of the Construction Documents Phase,
the Architect shall provide Construction Documents for the
Owner's approval and the Construction Manager's information.
AlA DOCUMENT B1-'1/CMa . OWNER-ARCH[TECT AGREEMENT . CONSTRl'CTION MANAGER-
ADVISER EDITION. 1'.l'.l2 EDITION. AIA@ . @I'.l92 . THE AMERICAN INSTIT!:TE OF ARCHITECTS.
[':\5 NEW YORK AVENI'E. NW. WASHINGTON, D.c. 20006-S2'.l2 . WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
B141/CMa-1992 2
2.4.4 The Architect shall assist the Owner and Construction
Manager in the preparation of the necessary bidding infor-
mation, hidding forms, the Conditions of the Contracts, and
the forms of Agreement hetween the Owner and the Con-
tractors. The Architect shall assist the Construction Manager
in issuing bidding documents to hidders 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.
2.4.5 The Architect shall assist the Owner and Construction
Manager in connection with the Owner's responsibility for
filing documents required for the approval of governmental
authorities having jurisdiction over the Project.
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect, following the Owner's approval of the
Construction Documents and of the Construction Manager's
latest estimate of Construction Cost, shall assist the Construc-
tion Manager in obtaining bids or negotiated proposals and
assist in preparing contracts for construction.
2.6 CONSTRUCTION PHASE-ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
2.6.1 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
at the earlier of the issuance to the Owner of the final Project
Certificate for Payment or 60 days after the date of Substan-
tial Completion of the Work.
2.6.2 The Architect shall provide administration of the Con-
tract for construction in cooperation with the Construction
Manager as set forth below and in the edition of AlA Docu-
ment A20l/CMa, General Conditions of the Contract for Con-
struction, Construction Manager-Adviser Edition, current as
of the date of this Agreement.
2.6.3 Duties, responsibilities and limitations of authority of
the Architect shall not be restricted, modified or extended
without written agreement of the Owner and Architect with
consent of the Contractors and the Construction Manager,
which consent shall not be unreasonably withheld.
2.6.4 The Architect shall be a representative of and shall
advise and consult with the Owner (I) during construction
until final payment to the Contractors is due, and (2) as an
Additional Service at the Owner's direction from time to time
during the correction period described in the Contracts for
Construction. The Architect shall have authority to act on
behalf of the Owner only to the extent provided in this Agree-
ment unless otherwise modified by written instrument.
2.6.5 The Architect shall visit the site at intervals appropriate
to the stage of construction or a.' otherwise agreed by the
Owner and Architect in writing to become generally familiar
with the progress and quality of the Work completed and to
determine in general if the \'Vork is being performed in a
manner indicating that the Work \ivhen completed will be in
accordance with the Contract Documents. However, the
Architect shall not be required to make exhaustive or con-
tinuous (JI1-site inspections to check the quality or quantity
of the Work. On the basis of on-site observations as an
architect, the Architect shall keep the Owner informed of the
progress and quality of the Work, and shall endeavor to
guard the Owner against defects and deficiencies in the
Work. (/Hure extensil'e site representation may he (Igreed to
as an Additional Serl'ice, as descrihed in Paragraph 3.2.)
2.6.6 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 arc
the Contractors' responsibility under the Contracts for Con-
struction. The Architect shall not be responsible for the Con-
tractors' schedules or failure to carry out the Work in accor-
dance with the Contract Documents. The Architect shall nor
be responsible for the performance by the Construction I\lan-
ager of the services required by the Construction Manager's
agreement with the Owner. The Architect shall not have con-
trol over or charge of acts or omissions of the Contractors,
Subcontractors, or their agents or employees, or of any other
persons performing services or portions of the \'Vork.
2.6.7 The Architect shall at all times have access to the \'(!ork
wherever it is in preparation or progress.
2.6.8 Communications by and \ivith the Architect's consul-
tants shall be through the Architect.
2.6.9 Based on the Architect's observations and evaluations
of each Contractor's Application for Payment, the Archi-
tect shall review and certify the amounts due the respec-
ti ve Contractors.
2.6.9.1 The Architect's certification for payment shall con-
stitute a representation to the Owner, based on the Architect's
observations at the site as provided in Subparagraph 2.6. S,
on the recommendations of the Construction ~lanager and
on the data comprising the Contractors' Applications for Pay-
ment, that, to the best of the Architect's knowledge, infor-
mation and belief, the Work has progressed to the point incli-
cated and the quality of the Work is in accordance with
the Contract Documents. The foregoing representations are
subject to an evaluation of the Work for conformance with
the Contract Documents upon Substantial Completion. to
results of subsequent tests and inspections, to minor devia-
tions from the Contract Documents correctable prior to
completion and to specific qualifications expressed by the
Architect. The issuance of a Certificate for Payment shall
further constitute a representation that the C'ontr;lctor is
entitled to payment in the amount certified.
2.6.9.2 The issuance of a Certificate for Payment shall not
be a representation that the Architect has (I) made exhaustive
or continuous (JI1-site inspections to check the qualitv or quan-
tity of the Work, (2) reviewed construction means. methods,
techniques, sequences or procedures, (5) reviewed copies of
requisitions received from Subcontractors and material sup-
pliers and other data requested by the Owner to substantiate
the Contractor's right to payment or (4) ascertained hmv or
for what purpose the Contractor has used money previously
paid on account of the Contract Sum.
2.6.10 The Architect shall have authority, after notification
to the Construction Manager, to reject Work which does nor
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 \'(!ork in
accordance with the provisions of the Contract Documents,
whether or not such Work is fabricated, installed or com-
pleted. However, neither this authority of the Architect nor
a decision made in good faith either to exercise or not to exer-
ise such authoritv shall give rise to a dutv or responsibility
3 B141/CMa-1992
AlA DOCUMENT B141/CMa . OW:--IER-ARUIITECT ACREEME;'>;T . CONS'llll.n:TlO:--! \1.\r\,\(;FJ{-
.\I)\'ISI-:R EDITtO;'>; . 1')92 EDITION. AIX' . :S1992 . TI IE A:\II-:RICAN INSTITl'TE OF ARClIITECI.".
I~.\S NEW YORK AVENI'E. NY'''. 'WASllli\CTON, DC 20006-')292 . WARNING: Unlicensed
photocopying violates U.S, copyright laws and will subject the violator to legal prosecution.
of the Architect to the Construction Manager, Contractors,
Subcontractors, material and equipment suppliers, their agents
or employees or other persons performing portions of
the Work.
2.6.11 The Architect shall review and approve or take other
appropriate action upon Contractors' 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 Contractors' Work or
in construction by the Owner's own forces, while allowing
sufficient time in the Architect's professional judgment to per-
mit adequate review. Review of such submittals is not con-
ducted for the purpose of determining the accuracy and com-
pleteness of other details such as dimensions and quantities
or for substantiating instructions for installation or perfor-
mance 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 Archi-
tect's review shall not constitute approval of safety precau-
tions 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
characteristics 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.
2.6.12 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.
2.6.13 The Architect may authorize minor changes in Work
not involving an adjustment in a Contract Sum or an exten-
sion of a Contract Time which are not inconsistent with
the intent of the Contract Documents. Such changes shall
be effected by written order issued through the Construc-
tion Manager.
2.6.14 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 Owner warranties and similar
submittals required by the Contract Documents which have
been received from the Construction Manager. The Architect
shall issue a final Project Certificate for Payment upon com-
pliance with the requirements of the Contract Documents.
2.6.15 The Architect shall interpret and decide matters con-
cerning performance of the Owner and Contractor under the
requirements of the Contract Documents on written request
of either the Owner or Contractor. The Architect's response
to such requests shall be made with reasonable promptness
and within any time limits agreed upon.
2.6.16 Interpretations and decisions of the Architect 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. When making such interpretations and initial
decisions, the Architect shall endeavor to secure faithful per-
formance by both Owner and Contractors, shall not show par-
tiality to either, and shall not be liable for results of interpreta-
tions or decisions so rendered in good faith.
2.6.17 The Architect's decisions on matters relating to
aesthetic effect shall be final if consistent with the intent
expressed in the Contract Documents.
2.6.18 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 Con-
tract Documents.
2.6.19 The Architect's decisions on claims, disputes or other
matters, including those in question between the Owner and
Contractors, except for those relating to aesthetic effect as pro-
vided in Subparagraph 2.6.17, shall be subject to arbitration
as provided in this Agreement and in the Contract Documents.
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included
in Basic Services unless so identified in Article 12, and they
shall be paid for by the Owner as provided in this Agreement,
in addition to the compensation for Basic Services. The ser-
vices described under Paragraphs .1.2 and 3.4 shall only be
provided if authorized or confirmed in writing by the Owner.
If services described under Contingent Additional Services
in Paragraph 33 are required due to circumstances beyond
the Architect's control. the Architect shall notifv the Owner
prior to commencing such services. If the Owner deems that
such services described under Paragraph .1.3 are not required,
the Owner shall give prompt written notice to the Architect.
If the Owner indicates in writing that all or part of such Con-
tingent Additional Services are not required, the Architect shall
have no obligation to provide those services.
3.2 PROJECT REPRESENTATION
BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is
described in Subparagraph 2.6. ') is required, the Architect shall
provide one or more Project Representatives to assist in car-
rying out such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed and
directed by the Architect, and the Architect shall be compen-
sated therefor as agreed by the Owner and Architect. The
duties, responsibilities and limitations of authority of Project
Representatives shall be as described in the edition of AlA
Document B3')2 current as of the date of this Agreement,
unless otherwise agreed.
3.2.3 Through the observations by such Project Represen-
tatives, the Architect shall endeavor to provide further pro-
tection for the Owner against defects and deficiencies in the
Work, but the furnishing of such project representation shall
not modify the rights, responsibilities or obligations of the
Architect as descrihed elsewhere in this Agreement.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making revisions in Drawings, Specifications or other
documents when such revisions are:
.1 inconsistent with approvals or instructions previously
given by the Owner, including revisions made nec-
essary by adjustments in the Owner's program or Proj-
ect budget;
AlA DOCUMENT B141/CMa . OWNER-ARCHITECT AGREEMENT. CONSTRl'CTION MANAGER-
ADVISER EDITION. 1992 EDITION. AIA@ . @1992 . TIlE AMERICAN INSTITl'TE OF ARCHITECTS,
175'> NEW' YORK AVENI'E, N.W, WASllINGTON. D.C. 20oo6-'i292 . WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
B141/CMa-1992 4
.2 requested by the Owner because the Construction
Manager's estimate of Construction Cost exceeds the
Owner's budget, except where such excess is due to
changes initiated by the Architect in scope, capacities
of basic systems, or the kinds and quality of materials,
finishes or equipment;
.3 required by the enactment or revision of codes, laws
or regulations subsequent to the preparation of such
documents; or
.4 due to changes required as a result of the Owner's
failure to render decisions in a timely manner.
3.3.2 Providing services required because of significant
changes in the Project including, but not limited to, changes
in size, quality, complexity, the Owner's or Construction
Manager's schedule, or the method of bidding or negotiating
and contracting for construction, except for services required
under Subparagraph 5.2.:).
3.3.3 Preparing Drawings, Specifications and other documen-
tation and supporting data, evaluating Contractor's proposals,
and providing other services in connection with Change
Orders and Construction Change Directives.
3.3.4 Providing services in connection with evaluating sub-
stitutions proposed by Contractors and making subsequent
revisions to Drawings, Specifications and other documenta-
tion resulting therefrom.
3.3.5 Providing consultation concerning replacement of Work
damaged by fire or other cause during construction, and fur-
nishing services required in connection with the replacement
of such Work.
3.3.6 Providing services made necessary by the termination
or default of the Construction Manager or a Contractor, by
major defects or deficiencies in the Work of a Contractor, or
by failure of performance of either the Owner or a Contrac-
tor under a Contract for Construction.
3.3.7 Providing services in evaluating an extensive number
of claims submitted by a Contractor or others in connection
with the Work.
3.3.8 Providing services in connection with a public hear-
ing, arbitration proceeding or legal proceeding except where
the Architect is party thereto.
3.3.9 Preparing documents for alternate, separate or sequen-
tial bids or providing services in connection with bidding,
negotiation or construction prior to the completion of the
Construction Documents Phase.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing analyses of the Owner's needs and program-
ming the requirements of the Project.
3.4.2 Providing financial feasibility or oth<.:'r special studies.
3.4.3 Providing planning surveys, site evaluations or com-
parative studies of prospective sites.
3.4.4 Providing special surveys, environmental studies and
submissions required for approvals of governmental authori-
ties or others having jurisdiction over the Project.
3.4.5 Providing services relative to future facilities, systems
and equipment.
3.4.6 Providing services to investigate existing conditions or
t:lCiJities or to make me;lsured dr;l\vings thereof.
3.4.7 Providing services to verify the accuracy of drawings
or other information furnished by the Owner.
3.4.8 Providing coordination of construction performed
by the Owner's own forces and coordination of services re-
quired in connection with construction performed and equip-
ment supplied by the Owner.
3.4.9 Providing services in connection with the work of
separate consultants retained by the Owner.
3.4.10 Providing estimates of Construction Cost.
3.4.11 Providing detailed quantity surveys or inventories of
material and equipment.
3.4.12 Providing analyses of owning and operating costs.
3.4.13 Providing interior design and other similar services
required for or in connection with the selection, procurement
or installation of furniture, furnishings and related equipment.
3.4.14 Providing services for planning tenant or rental spaces.
3.4.15 ""laking investigations, inventories of materials or
equipment, or valuations and detailed appraisals of exist-
ing facilities.
3.4.16 Preparing a set of reproducible record drawings show-
ing significant changes in the Work made during construc-
tion based on marked-up prints, drawings and other data fur-
nished by Contractors.
3.4.17 Providing assistance in the utilization of equipment
or systems such as testing, adjusting and balancing, prepara-
tion of operation and maintenance manuals, training person-
nel for operation and maintenance, and consultation dur-
ing operation.
3.4.18 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 ()() days after
the date of Substantial Completion of the Work
3.4.19 Providing services of consultants for other than archi-
tectural, structural, mechanical and electrical engineering por-
tions of the Project provided as a part of Basic Services.
3.4.20 Providing any other services not othet\vise included
in this Agreement or not customarily furnished in accordance
with generally accepted architectural practice.
ARTICLE 4
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, svstems, and
site requirements
4.2 The Owner shall establish anclupclate an overall budget
for the Project based on consultation with the Construction
Manager and the Architect, which shall include the Construc-
tion Cost, the Owner's other costs and reasonable contingen-
cies related to all of these costs.
4.3 If requested by the Architect, the Owner shall furnish
evidence that financial arrangements have been made to fulfill
the Owner's obligations under this Agreement.
5 B141/CMa-1992
AlA DOCUMENT B141/CMa . OW:-.lER-ARCIIITECT ACREE\tE:-.lT . CO';STRI 'CTION :\1ANNi!],
ADVISER EDlTtO". 1')')2 EDITIO". AlA" . ((';'1')')2 . '1111-: X\lERICAN INSTl'lrrE OF ARC! IITECrS.
1~5'; NEW YORK AVE'>!'E, :-.l.W. WASIII';CTO!\;. nc. 2()()()('-'i2,)2 . WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
4.4 The Owner shall designate a representative authorized
to act on the Owner's behalf with respect to the Project. The
Owner or such authorized representative shall render deci-
siems 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.
4.5 The Owner shall retain a construction manager to admin-
ister the Project. The Construction Manager's services, duties
and responsibilities will be as described in the edition of AlA
Document 880l/CMa, Standard Form of Agreement Between
Owner and Construction Manager, current as of the date of
this Agreement. The Terms and Conditions of the Agreement
between Owner and Construction Manager shall be fur-
nished to the Architect and shall not be modified without writ-
ten consent of the Architect, which consent shall not be
unreasonably withheld. The Architect shall not be responsi-
ble for actions taken by the Construction Manager.
4.6 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, casements, encroachments, zoning, deed restric-
tions, boundaries and contours of the site; locations, dimen-
siems 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 informa-
tion on the survey shall be referenced to a Project benchmark.
4.7 The Owner shall furnish the services of geotechnical
engineers when such services arc requested by the Architect.
Such services may include but are not limited to test borings,
test pits, determinations of soil bearing values, percolation
tests, evaluations of hazardous materials, and ground corro-
sion and resistivity tests, including necessary operations for
anticipating subsoil conditions, with reports and appropriate
professional recommendations.
4.7.1 The Owner shall furnish the services of other con-
sultants when such services arc reasonably required by the
scope of the Project and are requested by the Architect.
4.8 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.
4.9 The Owner shall furnish all legal, accounting and insur-
ance 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 ascer-
tain how or for what purposes the Contractor has used the
money paid by or on behalf of the Owner.
4.10 The services, information, surveys and reports required
by Paragraphs 4.6 through 4.9 shall be furnished at the
Owner's expense, and the Architect shall be entitled to rely
upon the accuracy and completeness thereof.
4.11 Prompt written notice shall be given by the Owner
to the Architect and Construction Manager if the Owner
becomes aware of any fault or defect in the Project or non-
conformance with the Contract Documents.
4.12 The proposed language of certificates or certifications
requested of the Architect or Architect's consultants shall be
submitted to the Architect for review and approval at least 14
days prior to execution. The Owner shall not request certifi-
cations that would require knowledge or services beyond the
scope of this Agreement.
4.13 The Owner shall furnish the required information and
services and shall render approvals and decisions as expedi-
tiously as necessary for the orderly progress of the Architect's
services and Work of the Contractors.
4.14 The Owner shall furnish the Architect copies of writ-
ten communications with the Construction Manager and
Contractors.
ARTICLE 5
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 The Construction Cost shall be the total cost or esti-
mated cost to the Owner of all elements of the Project
designed or specified by the Architect.
5.1.2 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 pro-
vided for by the Architect, plus a reasonable allowance for
the Contractors' overhead and profit. In addition. a reasonable
allowance for contingencies shall be included for market con-
ditions at the time of bidding and for changes in the Work
during construction. Construction Cost shall also include the
compensation of the Construction Manager and Construction
Manager's consultants.
5.1.3 Construction Cost does not include the compensation
of the Architect and Architect's consultants, the costs of the
land, rights-of-way, financing or other costs which are the
responsibility of the Owner as provided in Paragraphs 4. I
through 4.4 and 4.6 through 4.14.
5.2
RESPONSIBILITY FOR
CONSTRUCTION COST
5.2.1 The Architect's review of the Owner's Project budget
and of preliminary estimates of Construction Cost or detailed
estimates of Construction Cost prepared by the Construction
Manager is solely for the Architect's guidance in the Archi-
tect's preparation of the Construction Documents. Accor-
dingly, the Architect cannot and does not warrant the accuracy
of the estimates of the Construction Manager, or warrant or
represent that bids or negotiated prices will not vary from
the Owner's Project budget or from any estimate of Construc-
tion Cost or evaluation reviewed by the Architect.
5.2.2 No fixed limit of Construction Cost shall be established
as a condition of this Agreement.
5.2.3 In the event that the Construction Manager's estimate
or the lowest bona fide bid or negotiated proposal received
by the Owner exceeds the Owner's budget for reasons
other than those described in Paragraph 3.3, the modi-
fication of Contract Documents shall be the limit of the
Architect's responsibility. The Architect shall be entitled to
compensation in accordance with this Agreement for all
services performed whether or not the Construction Phase
is commenced.
AlA DOCUMENT B141/CMa . OWNER-ARClfITECT AGREEMENT' CONSTRUCTION MANAGER-
ADVISER EDITION' 1992 EDITION' AIA@ . @I992 . THE A.\1ERICh,!': INSTITl 'TE OF ARCHITECTS.
1~5'i "iEW YORK AVENI'E, NW. WASHINGTON, DL 2000('-'i292 . WARNING: Unlicensed
photocopying violates U,S. copyright laws and will subject the violator to legal prosecution.
B141/CMa-1992 6
ARTICLE 6
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The Drawings, Specifications and other documents pre-
pared by the Architect for this Project are instruments of the
Architect's service for use soleI v with respect to this Project
and, unless otherwise provided, the Architect shall be deemed
the author of these documents and shall retain all common
law, statutory and other reserved rights, including the copy-
right. The Owner shall be permitted to retain copies, including
reproducible copies, of the Architect's Drawings, Specifica-
tions and other documents for information and reference in
connection with the Owner's use and occupancy of the Proj-
ect. The Architect's Drawings, Specifications or other docu-
ments shall not be used by the Owner or others on other proj-
ects, 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 \'.'fiting
and with appropriate compensation to the Architect.
6.2 Submission or distribution of documents to meet official
regulatory requirements or for similar purposes in connec-
tion with the Project is not to be construed as publication
in derogation of the Architect's reserved rights.
ARTICLE 7
ARBITRATION
7.1 Claims. disputes or other matters in question between the
parties to this Agreement arising out of or relating to this
Agreement or breach thereof shall be subject to and decided
by arbitration in accordance with the Construction Industrv
Arbitration Rules of the American Arbitration Association cur-
rently in effect unless the parties mutuallv agree otherwise.
7.2 Demand for arbitration shall be filed in writing with the
other party to this Agreement and with the American Arbitra-
tion Association. A dem:lt1d for arbitr;nion shall be made
within a reasonable time after the claim, dispute or other mat-
ter in question has arisen. In no event shall the demand for
arbitration be made after the date when institution of legal
or equitable proceedings based on such claim, dispute or other
matter in question would be barred bv the applicable statutes
of limitations.
7.3 No arbitration arising out of or relating to this Agreement
shall include, by consolidation, joinder or in any other man-
ner, an additional person or entity not a party to this Agree-
ment, except by written consent containing a specific refer-
ence to this Agreement signed by the Owner. Architect, and
any other person or entity sought to be joined. Consent to
arbitration involving an additional person or entity shall not
constitute consent to arbitration of any claim. dispute or other
matter in question not described in the written consent or
with a person or entity not named or described therein. The
foregoing agreement to arbitrate and other agreements to
arbitrate with an additional person or entity duly consented
to by the parties to this Agreement shall be specifically enforce-
able in accordance with applicable law in anv court having
jurisdiction thereof.
7.4 The award rendered by the arbitrator or arbitrators shall
be final, and judgment may be entered upon it in accordance
with applicable law in any court having jurisdiction thereof.
ARTICLE 8
TERMINATION, SUSPENSION OR
ABANDONMENT
8.1 This Agreement may be terminated by either party upon
not less than seyen days' written notice should the other part\
[iil substantially to perform in accordance with the terms of
this Agreement through no fault of the partv initiating
the termination.
8.2 If the Project is suspended by the Owner for more than
50 consecutive days. the Architect shall be compensated for
services performed prior to notice of such suspension. \X'hen
the Project is resumed, the Architect's compensation shall be
equitablv adjusted to provide for expenses incurred in thc
interruption and resumption of the Architect\; services.
8.3 This Agreement may be terminated by the Owner upon
not less than seven days' written notice to the Architect in
the event that the Project is permanently abandoned, If the
Project is abandoned bv the Owner for more than C)O con-
secutive days, the Architect mav terminate this Agreement b\
giving written notice,
8.4 Failure of the Owner to make payments to the Architect
in accordance with this Agreement shall be considered sub-
stant ial nonperformance and cause for terminal ion,
8.5 If the Owner fails to make payment when due the Archi-
tect for services and expenses. the Architect mav. upon se\'cn
days' written notice to the O\vner, suspend performance of
services under this Agreement. l'nless pavment in full is
received bv the Architect within seven days of the date of the
notice. the suspension shall take effect without further notice.
In the event of a suspension of services, the Architect shall
have no liability to the Owner for delav or damage caused
the Owner because of such suspension of services.
8.6 In the event of termination not the fault of the Architect.
the Architect shall be compensated for services performed
prior to termination, together with I{eimbursable Expenscs
then due ami all 'Iermination Expenses as defined in Para-
graph H,e,
8.7 'lermination Expenses are in addition to compensation
for Basic and Additional Services, and include expenses which
are directly attributable to termination. 'lCrmination Expenses
shall be computed as a percentage of the total compensation
for Basic Services and Additional Services earned to the time
of termination. as follows:
.1 'l\venty percent of the total compensation for Basic ami
Additional Services earned to date if terminali()J) occurs
before or during the predesign, site analysis, or Sche-
matic Design Phases: or
.2 'Ien percent of the total compensation for Basic :lt1d
Additional Services earned to date if termination occurs
during the Design Development Phase: or
.3 Five percent of the total compensation for Basic and
Additional Services earned to date if termination occurs
during any subsequent phase,
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 Cnless otherwise provided, this Agreement shall be gm'-
erned bv the law of the place where the Project is located,
9.2 'krms in this Agreement shall have the same meaning
as those in the edition of AlA Document A20l/Cvla. Gen-
AlA DOCUMENT B141/CMa . OWNER-ARUllTECT AC;REE\lE'lT . CO'lSTRl'(:TlO~ MA"\,\(;!',R
AIWISER EDITtO'l' 1992 EDlTlO:-.i' AIA@ . @1')92 . '1'111' A:l-1ERlCA:-.i INSTlT! ''1'1' OF ARU l!TECTS
l~50 'JEW YORK wnWf-:, NW. WASlll'Jc;n)N, DL 21111116-0292 . WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
7 B141/CMa-1992
eral Conditions of the Contract for Construction, Construc-
tion Manager-Adviser Edition, current as of the date of
this Agreement.
9.3 Causes of action between the parties to this Agreement
pertaining to acts or failures to act shall be deemed to have
accrued and the applicable statutes of limitations shall com-
mence to run not later than either the date of Substantial
Completion for acts or failures to act occurring prior to
Substantial Completion, or the date of issuance of the tlnal
Project Certificate for Payment for acts or Llilures to act occur-
ring after Substantial Completion.
9.4 The Owner and Architect waive all rights against each
other and against the Construction Manager, Contractors, and
the consultants, agents and employees of any of them for
damages, but only to the extent covered by property insurance
during construction, except such rights as they may have to
the proceeds of such insurance as set forth in the edition of
AlA Document A201/CMa, General Conditions of the Contract
for Construction, Construction Manager-Adviser Edition, cur-
rent as of the date of this Agreement. The Owner and Architect
each shall require similar waivers from their Construction
Manager, Contractors, consultants, agents, and persons or en-
tities awarded separate contracts administered under the
Owner's own forces.
9.5 The Owner and Architect, respectively, bind themselves,
their partners, successors, assigns and legal representatives to
the other partv to this Agreement and to the partners, suc-
cessors, assigns and legal representatives of such other
party with respect to all covenants of this Agreement. Neither
Owner nor Architect shall assign this Agreement without the
written consent of the other.
9.6 This Agreement represents the entire and integrated agree-
ment het\.veen the Owner and Architect and supersedes all
prior negotiations, representations or agreements, either writ-
ten or oral. This Agreement may he amended only by writ-
ten instrument signed by both Owner and Architect.
9.7 :\othing contained in this Agreement shall create a con-
tractual relationship with or a cause of action in favor of a
third party against either the Owner or Architect.
9.8 Unless otherwise provided in this Agreement, the Archi-
tect and Architect's consultants shall have no responsibility
for the discovery, presence, handling, removal or disposal of
or exposure of persons to hazardous materials in any form
at the Project site, including but not limited to asbestos,
asbestos products, polychlorinated biphenyl (PCB) or other
toxic substances.
9.9 The Architect shall have the right to include representa-
tions of the design of the Project, including photographs of
the exterior and interior, among the Architect's promotional
and professional materials. The Architect's materials shall not
include the Owner's confidential or proprietary information
if the Owner has previously advised the Architect in writing
of the specific information considered by the Owner to be
confidential or proprietary. The Owner shall provide profes-
sional credit for the Architect on the construction sign and
in the promotional materials for the Project.
10.1
ARTICLE 10
PAYMENTS TO THE ARCHITECT
DIRECT PERSONNEL EXPENSE
10.1.1 Direct Personnel Expense is defined as the direct sala-
ries of the Architect's personnel engaged on the Project and
the portion of the cost of their mandatory and customary con-
tributions and benefits related thereto, such as employment
taxes and other statutory employee benefits, insurance, sick
leave, holidays, vacations, pensions and similar contributions
and benefits.
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses are in addition to compensa-
tion for Basic and Additional Services and include expenses
incurred by the Architect and Architect's employees and con-
sultants in the interest of the Project. as identified in the
following Clauses.
10.2.1.1 Expense of transportation in connection with the
Project; expenses in connection with authorized out-of-town
travel; long-distance communications; and fees paid t()f secur-
ing approval of authorities having jurisdiction over the Project.
10.2.1.2 Expense of reproductions, postage, express deliv-
eries, electronic facsimile transmissions and handling of Draw-
ings, Specifications and other documents.
10.2.1.3 If authorized in advance by tilL Owner. expense of
overtime work requiring higher than regular rates.
10.2.1.4 Expense of renderings, models and mock-ups request-
ed by the Owner.
10.2.1.5 Expense of additional insurance coverage or limits,
including professional liability insurance, requested by the
Owner in excess of that normally carried by the Architect and
Architect's consultants.
10.2.1.6 Expense of computer-aided design and drafting equip-
ment time when used in connection with the Project.
10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
10.3.1 An initial payment as set forth in Paragraph II I is the
minimum payment under this Agreement.
10.3.2 Subsequent payments for Basic Services shall be made
monthly and, where applicable, shall be in proportion to ser-
vices performed within each phase of service, on the basis
set forth in Subparagraph 11.2.2
10.3.3 If and to the extent that the time initially established
in Subparagraph 11.'5.1 of this Agreement is exceeded or
extended through no fault of the Architect, compensation for
any services rendered during the additional period of time
shall be computed in the manner set forth in Subpara-
graph 11.5.2.
10.3.4 When compensation is based on a percentage of Con-
struction Cost and any portions of the Project are deleted or
otherwise not constructed, compensation for those portions
AlA DOCUMENT B141/CMa . O\X'NER-ARCHITECT AGREEMENT. CONSTRt'CTION \.IANAGER-
ADVISER EDITION. 1002 EDITION. A1A@ . @1002 . THE AMERICAN INSTITI'TE OF ARCHITECTS,
I~.;'i NEW YORK AVE"lE. N\'<'. WASIlINGTON, D.C 20006-5202 . WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
B141/CMa-1992 8
of the Project shall be payable to the extent services are
performed on those portions, in accordance with the schedule
set forth in Subparagraph 11.2.2, based on (I) the lowest bona
fide bids or negotiated proposals, or (2) if no such bids or
proposals are received, the most recent estimate of Construc-
tion Cost prepared by the Construction Manager for such por-
tions of the Project.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL
SERVICES AND REIMBURSABLE EXPENSES
10.4.1 Payments on account of the Architect's Additional Ser-
vices and for Reimbursable Expenses shall be made monthly
upon presentation of the Architect's statement of services
rendered or expenses incurred.
10.5 PAYMENTS WITHHELD
10.5.1 No deductions shall be made from the Architect's com-
pensation on account of penalty, liquidated damages or other
sums withheld from payments to Contractors, or on account
of the cost of changes in the Work other than those for which
the Architect has been found to be liable.
10.6 ARCHITECT'S ACCOUNTING RECORDS
10.6.1 Records of Reimbursable Expenses and expenses per-
taining to Additional Services and services performed on the
basis of a multiple of Direct Personnel Expense shall be
available to the Owner or the Owner's authorized represen-
tative at mutually convenient times.
ARTICLE 11
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
11.1 AN INITIAL PAYMENT of Zero Dollars ($ 0-------------)
shall be made upon execution of this Agreement and credited to the Owner's account at final payment.
11.2 BASIC COMPENSATION
11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basie Services,
Basic Compensation shall be computed as follows: Lump sum fee amount of $48,920.00.
(Inserf ha.',-is (~l compeJlsatio!l. including stipulated sums. multiples or percelltClJ.!,es. a!ld id(,Jlt~l)' !Jhasf':'; to which jwrticlIlur methods (~l c()Jl1j)(!J/satioll (/fJ!)~J:
~I necessa fJ',)
(l1Isert additiollal phases as ap/Jro!Jriale.j
11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost. progress payments for Basic
Services in each phase shall total the following percentages of the total Basic Compensation payable:
Schematic Design Phase:
Design Development Phase:
Construction Documents Phase:
Bidding or Negotiation Phase:
Construction Phase:
percent ( 5'!{,)
percent ( 5 'X, )
percent ( 30%)
percent ( 15%)
percent ( 45%)
one hundred percent (100 %)
Total Basic Compensation:
11.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph :\.2, compensation shall be com-
puted as follows:
Principal
Project Manager
Tech I
Tech II
Tech III
$100.00 per hour
$ 75.00 per hour
$ 55.00 per hour
$ 45.00 per hour
$ 35.00 per hour
AlA DOCUMENT B141fCMa . OWNER-ARCHITECT AGREEMENT' CONSTRIICTJON ~IANAGER-
ADVISER EDITION. I'!'!2 EDITION. ALA.) . @1'!'!2 . THE AMERICAN INSTITl'TE OF ARCHITECTS,
1'55 NEW YOl<K AVENl'E. N.W. WASHINGTON. D,c:. 2()()()(,-S2'!2 . WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
B141/CMa-1992 9
11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles.3 and 12, other than (I) Additional Project
Representation, as described in Paragraph .3.2, and (2) services included in Article 12 as part of Basic Services, but excluding
services of consultants, compensation shall be computed as follows:
(In:.,ert basis rd' CONlpeJlsatioJl, jnell/dillf!, rates and/hr multl/J!es (~l Direct Perso}ulel F.\l}(,llscj(n" PrillciJ}{lls ({/ld emjJloyees. {{lid idcllfilr PrinCljJ(i/s and c1assill'
employees. ~I re(/lIired. Jdell/ill' S!)('Caic sen'ices to ll'hich particular methods (~l cOJn!)('JlsatioJl apply. ~llleC(!SS(/ry-)
See 11. 3 . 1
11.3.3 FOR ADDITIONAL SERVICES OF CONSCLTANTS, including additional structural, mechanical and electrical engineer-
ing services and those provided under Subparagraph .3.4.19 or identified in Article 12 as part of Additional Services, a multiple
of one point zero ( five ) times the amounts billed to the Architect for such services.
(ld(,Jlf~l)' specific tyfJes (~/ ((HlSU/ttillts ill Article /2. it rC{It/ired)
11.4 REIMBURSABLE EXPENSES
11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbur-
sable Expenses, a multiple of Zero ( 0------) times the expenses incurred by
the Architect, the Architect's employees and consultants in the interest of the Project.
11.5 ADDITIONAL PROVISIONS
11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within Sixteen ( -16--- )
months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be
compensated as provided in Subparagraphs 10..3..3 and 11..1.2.
11.5.2 Payments are due and payable ) days from the date of the Architect's invoice. Amounts
unpaid () days after the invoice date shall bear interest at the rate entered below, or in the absence
thereof at the legal rate prevailing from time to time at the principal place of business of the Architect.
(INsert role (~l illterest agreed IIf)()Jl.)
(l'sl{/~l' le/ll'S and r(,(/"iremen!s under the Federal 7hah iN lending Act. similar state and local COnSlirf!er credit Ielll'S and other regulations (it the (Jwner's and
Architect's jJrincij)({ljJlaces (~l business, the locatioJ/ (~l the PY(~iect and elsewhere may (~/lect the l'alidity (~l this !Jrol'isioJl. Sf)(,Clfic lep,{// ({dl'ice should he ohtained
fl'ilh resjJeCl to delelirJl{s or modfjications, and also regardiJ/l!, requirements such as llTitten disclosures or U'ail'(Ts.)
11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary
review practices of the Architect.
AlA DOCUMENT 8141/CMa . OWNER-ARCIIITECT AGREEMENT. CONSTRI'CTION MANAGER-
:\DVlSER EDITION. 1'l'l2 EDITION. AIA@ . @]'l'l2 . TilE AMERICAN INS1TITTE OF ARCHITECTS,
I~Yi i'\EW YORK AVFNI'E. I\,W. WASIlINGTO:-;. D.C. 2()()()()-'2'l2 . WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
B141/CMa-1992
10
ARTICLE 12
OTHER CONDITIONS OR SERVICES
(Insert descnjJtiolls (~l olber ser!'ices, idel/Iij)' Additional 5,'erl'ices included u'l'thin Hasie ComjJensation. and insert modifica.tioJls tu the jJayment and compensa-
tion tenns included in this Agreement.)
The attached Supplemental Terms and Conditions, pages 1 through 8, dated 12/22/93, amend, supplement
or clarify these "TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT, AlA Document B141/CMa-1992
Edition".
Acceptance by execution of this document constitutes an acknowledgement that the individual executing the
document has the capacity to consent to the terms of this Agreement.
S T'" ,.."'....~
APPRo\.~..l\ ~",'.' . ,"
~"'r..~" ;'.' '-'
'..J _ -
By - . ..~
'''', " ":3
Date l "2 - ::30 -:-:-
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY..Dco.w. c.. Du~
Deputy Cl
This Agreement entered into as of the day and year first written above,
(Sip,Jzafur
"
~
~
- Mayor/Chairman
Rober
Principal
(l)riJ/ted name and title)
(Frinted flame and title)
mm
CAUTION: You should sign an original AlA document which has this caution printed in red.
An original assures that changes will not be obscured as may occur when documents are reproduced.
See Instruction Sheet for Limited License for Reproduction of this document.
AlA DOCUMENT B141/CMa . OWNER-ARCHITECT AGREEMENT. CONSTRCCTION MANAGER-
ADVISER EDITION. 1992 EDITION. AIA@ . @1992 . THE AMERICAN INSTITl'TE OF ARCHITECTS,
I"Yi "IEW YORK AVENI 'E, NW, WASHINGTON, D.C. 20006-';292 . WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
B141/CMa-1992 11
SUPPLEMENTAL TERMS AND CONDITIONS
1. Paragraph 1.1.2 - delete reference to AlA Document B80l/CMa and insert: "AlA Document
B801-1980, Standard Form of Agreement between Owner and Construction Manager as
amended and executed by the Owner."
2. Paragraph 2.2.3 - delete in its entirety and insert: "During this and subsequent phases of design,
the Architect shall review with the Owner and Construction Manager alternative approaches to
the design and construction of the project and shall incorporate changes requested by the
Owner at no additional cost to the Owner."
3. Paragraph 2.2.7 - add to the end of the paragraph: "One meeting, at the Owner's offices in Key
West, will be attended by the Architect to review these documents.
4. Add Paragraph 2.2.8 - "In this phase and subsequent phases of design, the Architect shall
interface and coordinate the design with the local public utilities to provide complete
construction documents meeting the requirements of the utility companies."
5. Add Paragraph 2.2.9 - "The Owner's review of any documents prepared by the Architect or its
consultants in this phase and subsequent phases of design shall be solely for the purpose of
determining whether such documents are generally consistent with the Owner's construction
program and intent. No review of such documents shall relieve the Architect of its
responsibility for the accuracy, adequacy, fitness, suitability and coordination of its work
product."
6. Add Paragraph 2.2.10 - "In this phase and subsequent phases of design, the Architect shall
submit to the Construction Manager, for the Owner's review, not less than four (4) complete
sets of documents."
7. Paragraph 2.3.1 - delete the remainder of the sentence after "character of the Project" in this
paragraph and insert "as to architectural, structural, mechanical, electrical, plumbing, civil and
landscape architecture, materials and such other elements as may be appropriate."
8. Paragraph 2.3.3 - add to the end of the paragraph: "One meeting, at the Owner's offices in Key
west, will be attended by the Architect to review these documents.
9. Paragraph 2.4.1 - add to the end of the sentence; "including compliance with all applicable
Federal, State and local government regulations and laws. The Architect shall incorporate those
publicly announced federal, state and local laws, regulations, codes and standards that are or
will become applicable during the time the Architect rendered his or her services. In the event
of a change in these laws and regulations, during this phase and subsequent phases of the Work,
of which the Architect becomes aware of and which the Architect believes affects this Work, the
Architect shall inform the Owner of the change and its impact on work already done or to be
done, fees and costs involved, and scheduling. If in the Architect's professional opinion the
Contract FF-102
December 22, 1993
Key Largo Fire Station
Page 1 of 8
impact is such to significantly affect the Architect's fee, costs or anticipated completion date, a
changed condition will exist and shall be dealt with accordingly."
10. Paragraph 2.4.2 - add to the end of the paragraph: "For this Project, a submittal at 65%
completion of the Construction Documents will be prepared by the Architect and submitted to
the Owner. One meeting between the Architect and Owner will be scheduled at this phase of
the work."
11. Paragraph 2.4.3 - add to the end of the paragraph: "One meeting, at the Owner's offices in Key
west, will be attended by the Architect to review these documents.
12. Paragraph 2.4.4 - delete the last sentence and insert "The Architect, with the assistance of the
Construction Manager, shall respond to questions from Bidders and others. Responses to these
questions shall be provided to the Construction Manager within three (3) working days of the
Architect's receipt of these questions. The Construction Manager will issue the appropriate
addenda."
13. Paragraph 2.4.5 - delete in its entirety and insert: "The Architect is responsible for the
coordination and filing of all documents and permits required for the approval of the local, state
and federal governments, with the exception of the building permit. The Architect is
responsible for providing all documentation required to obtain a building permit. The Owner
will be responsible for all filing fees."
14. Add Paragraph 2.5.2 - "The Architect shall provide to the Construction Manager for bidding and
construction phases, complete packages of specifications and drawings as requested by the
Construction Manager, but in an amount not to exceed a total of 30 complete sets."
15. Paragraph 2.6.2 - delete in its entirety and insert: "The Architect shall provide administration of
the Contract for construction in cooperation with the Construction Manager as set forth below
and in the edition of AlA Document A20l/CMa, General Conditions of the Contract for
Construction, Construction Manager-Advisor Edition, as amended by the Owner."
16. Paragraph 2.6.4 - add the following sentence to the end of the paragraph: "The representatives
of the Architect assigned to the Project shall be subject to the approval of the Owner and shall
not be changed without the approval of the Owner."
17. Paragraph 2.6.5 - delete the first sentence and insert: "The Architect shall visit the site at
intervals of once every two weeks to become generally familiar with the progress and quality of
the Work completed and to determine in general if the Work is being performed in a manner
indicating that the Work when completed will be in accordance with the Contract Documents."
In the last sentence, delete "endeavor to".
18. Paragraph 2.6.9.1 - in the first sentence, delete "the best of'.
19. Paragraph 2.6.9.2 - delete in its entirety.
Contract FF-102
December 22, 1993
Key Largo Fire Station
Page 2 of 8
20. Paragraph 2.6.11 - delete the remainder of the first sentence after "Product Data and Samples".
Delete the second sentence and insert: "The Architect's action shall be taken with such
reasonable promptness as to cause no delay in the Contractors' Work in construction by the
Owner's own forces, while allowing sufficient time in the Architect's professional judgement to
permit adequate review, but in no case shall this review exceed fifteen (15) calendar days after
receipt thereof." Delete the remainder of the third sentence after "approval of safety
precautions".
21. Paragraph 2.6.14 - delete the remainder of the paragraph after the first sentence and insert:
"The Architect shall forward to the Owner, through the Construction Manager, warranties and
similar submittals required by the Contract Documents which have been received from the
Construction Manager. The Construction Manager shall issue to the Architect for approval a
final certificate(s) for payment upon compliance of the requirements with the Contract
Documents."
22. Paragraph 2.6.15 - delete in its entirety and insert: "The Architect, in consultation with the
Construction Manager, shall interpret and decide matters concerning performance of the
Contractor under the technical requirements of the Contract Documents on written request of
either the Owner, Construction Manager or Contractor. The Architect's response to such
request shall be made with reasonable promptness but shall not exceed seven (7) calendar
days."
23. Paragraph 2.6.16 - delete the last sentence and insert: "When making such interpretations and
initial decisions, the Architect shall endeavor to secure faithful performance by the Owner,
Architect and Contractor, and shall not show partiality to any party."
24. Paragraph 2.6.18 - delete in its entirety and insert: "After consultation with the Construction
Manager, the Architect shall render written decisions within fifteen calendar days 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."
25. Subparagraph 2.6.19 - delete in its entirety and insert: "The Owner's decision shall be final on
any claims, disputes, or other matters, including those in question between the Owner and the
Contractor(s), after consultation with the Architect and Construction Manager."
26. Add Paragraph 2.6.20 - "All written communications to the Contractors shall be forwarded
through the Construction Manager."
27. Add Paragraph 2.6.21 - "The Architect shall prepare a set of reproducible record drawings
showing all changes in the Work made during construction based on marked-up prints, drawings
and other data furnished by the Contractors."
28. Paragraph 3.1.1 - delete after the first sentence and insert: "The services described in this
Article 3 shall only be provided if authorized or confirmed in writing by the Owner. If the
Architect determines that additional services described in this Article 3 may be required, the
Contract FF-102
December 22, 1993
Key Largo Fire Station
Page 3 of 8
Architect shall promptly notify the Owner of the nature, extent and the cost of such services."
29. Paragraph 3.2.3 - delete "endeavor to".
30. Paragraph 3.3.1.3 - delete in its entirety and insert: "required by the enactment or revision of
codes, laws, or regulations subsequent to the affixing of signatures to this agreement by the
parties, except where the revision of such codes, laws, or regulations was announced or
published prior to the affixing of the signatures."
31. Paragraph 3.3.8 - add the following sentence to the end of the paragraph: "No additional
compensation shall be required when the public hearing, arbitration proceeding or legal
proceeding is a third party claim against the Owner based on an alleged negligent or wrongful
act or omission of the Architect."
32. Paragraph 3.4.4 - In the second line after "submissions" insert "not normally".
33. Paragraph 3.4.16 - delete in its entirety.
34. Paragraph 3.4.19 - delete in its entirety and insert: "Providing services of consultants for other
than architectural, structural, mechanical, electrical, plumbing, civil and landscape engineering
portions of the Project provided as a part of Basic Services."
35. Paragraph 3.4.20 - delete in its entirety.
36. Paragraph 4.3 - delete in its entirety.
37. Paragraph 4.4 - delete in its entirety and insert: "The Owner's designated representative
authorized to act on the Owner's behalf with respect to the Project is the Monroe County Board
of County Commissioners (BOCC). The BOCC meets to consider agenda items approximately
once a month for those item scheduled two weeks in advance. The Owner or such authorized
representative shall render decisions in a timely manner pertaining to documents submitted by
the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the
Architect's services."
38. Paragraph 4.5 - delete reference to AlA Document B80l/CMa and insert: "AlA Document
B801-1980, Standard Form of Agreement between Owner and Construction Manager as
amended and executed by the Owner."
39. Article 5.1.2 - delete last sentence.
40. Article 5.1.3 - delete in its entirety and insert: "Construction Cost does not include the
compensation of the Architect and Architect's consultants, the Construction Manager and
Construction Manager's consultants, the costs of the land, rights-of-way-, financing or other costs
which are the responsibility of the Owner as provided in Article 4 of this Agreement."
Contract FF-102
December 22, 1993
Key Largo Fire Station
Page 4 of 8
41. Paragraph 6.1 - delete in its entirety and insert: "The Owner reserves the right to utilize the
design at other locations determined by the Owner. If used in a location other than the site
specifically designed for in this agreement the Architect's obligations and liabilities for the
Contract Site will not carry to subsequent sites."
42. Paragraph 6.2 - delete in its entirety.
43. Article 7 - delete in its entirety and insert: "Article 7 - Claims and Disputes.
7.1 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."
44. Paragraph 8.7 - delete in its entirety and insert: "Termination expenses shall be limited to
bonafide costs directly attributable to termination. A mark-up of 15% shall be added to
documented termination costs to cover all overhead and profit. The Owner shall have sole
discretion in determination of allowable termination costs."
45. Paragraph 9.1 - delete in its entirety and insert: "This agreement shall be governed by the laws
of the State of Florida. Venue for any disputes arising under this agreement shall be in Monroe
County, Florida."
46. Paragraph 9.2 - delete "...current as of the date of this Agreement." and .insert "as amended by
the Owner."
47. Paragraph 9.3 - delete in its entirety.
48. Paragraph 9.4 - delete "...current as of the date of this Agreement." and insert "as amended by
the Owner."
49. Paragraph 9.6 - after "This Agreement" in the first sentence insert ", which includes the attached
Supplemental Terms and Conditions,".
50. Add Paragraph 9.10 - "Insurance." and the following subparagraphs:
"9.10.1 Following award, but prior to execution of the contract, the Architect shall provide
satisfactory evidence to the Owner, that the Architect, at their own expense, has obtained the
limits of insurance specified under this paragraph. The insurance form included in this section
is to be executed, unmodified, and submitted as the certificate of insurance. The Architect will
also ensure that all consultants and subconsultants in any tier have obtained the same insurance
as specified.
9.10.2 Delays in the commencement of work resulting from the failure of the Architect to
provide satisfactory evidence of the required insurance shall not extend deadlines specified in
this contract and penalties and failure to perform assessments shall be imposed as if the work
commenced on the specified date and time.
Contract FF-102
December 22, 1993
Key Largo Fire Station
Page 5 of 8
9.10.3 The Architect, and all consultants shall maintain the required insurance throughout the
entire term of this contract and any extensions specified. If any coverages are required to
remain in force after final payment, a certificate evidencing continuation of such coverage shall
be submitted along with the application for final payment. Failure to comply with this provision
may result in the immediate suspension of all work until the required insurance has been
reinstated or replaced. Delays in the completion of work resulting from the failure of the
Architect to maintain the required insurance shall not extend deadlines specified in this contract
and any penalties and failure to perform assessments shall be imposed as if the work had not
been suspended.
9.10.4 The acceptance and/or approval of the Architect's insurance shall not be construed as
relieving the Architect from any liability or obligation assumed under this contract or imposed
by law.
9.10.5 Indemnification and Hold Harmless
The Architect covenants and agrees to indemnify and hold harmless Monroe County, Monroe
County Board of County Commissioners, and Morrison-Knudsen/Gerrits from any and all claims
for bodily injury (including death), personal injury, and property damage (including property
owned by Monroe County and Morrison-Knudsen/Gerrits) 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 or any of its consultants or consultants in any tier, occasioned
by the negligence or other wrongful act or omission of the Architect or its consultants 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 the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
9.10.6 Workers' Compensation. The Architect shall obtain Workers' Compensation Insurance
with limits sufficient to respond to the applicable state's statutes.
In addition, the Architect shall obtain Employers/ Liability Insurance with limits of not less than:
$ 100,000 Bodily Injury by Accident
$ 500,000 Bodily Injury by Disease, each employee
$ 100,000 Bodily Injury by Disease, policy limits
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.
Contract FF-102
December 22, 1993
Key Largo Fire Station
Page 6 of 8
If the Architect has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Architect's status. The Architect shall be
required to submit a Letter of Authorization issued by the Department of Labor and a
Certificate of Insurance, providing details on the Architect's Excess Insurance Program.
If the Architect participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Architect will be required to submit updated financial statements from the fund
upon request by the County.
9.10.7 General Liability. The Architect shall obtain General Liability Insurance with the
following minimum coverages:
a. Premises Operations
b. Products and Completed Operations
c. Blanket Contractual Liability
d. Personal Injury Liability
e. Expanded Definition of Property Damage
f. Medical Payments
The minimum limits acceptable shall be:
$ 500,000 Combined Single Limit (CSL)
$ 5,000 Medical Payments
If split limits are provided, the minimum limits acceptable shall be:
$ 250,000 per Person
$ 500,000 per Occurrence
$ 50,000 Property Damage
$ 5,000 Medical Payments
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 the Work by the County.
9.10.8 Vehicle Liability. The Architect shall obtain Vehicle Liability Insurance with following
mllllmum coverages:
a. Owned, Non-Owned, and Hired Vehicles
b. Medical Payments
The minimum limits acceptable shall be:
$ 100,000 Combined Single Limit (CSL)
$ 5,000 Medical Payments
Contract FF-102
December 22, 1993
Key Largo Fire Station
Page 7 of 8
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$ 100,000 per Occurrence
$ 25,000 Property Damage
$ 5,000 Medical Payments
9.10.9 Architect's Errors & Omissions Insurance. Recognizing that the Work governed by this
Agreement involves the furnishing of architectural services, the Architect 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
performance of professional services or any error or omission of the Architect arising out of the
Work governed by this contract.
The minimum limits of liability shall be:
$ 500,000 per occurrence"
51. Paragraph 10.2 - delete in its entirety.
52. Paragraph lOA - revise to read: "PAYMENTS ON ACCOUNT OF ADDITIONAL
SERVICES."
53. Paragraph 1004.1 - delete - "...and for Reimbursable Expenses".
54. Add Paragraph 10.5.2 - "The Architect shall pay, to each of his consultants, not later than the
end of the calendar month in which each payment is made to the Architect, the representative
amount allowed the consultant on account of the services performed by his consultant's interest
therein. The Architect shall, by an appropriate agreement with each consultant, also require
each consultant to make payments to his subconsultants in a similar manner. The Owner may
withhold payments due to the Architect upon proper notice of nonpayment from consultants or
sub consultants until such time as the nonpayment notice is resolved to the satisfaction of the
Owner."
55. Paragraph 11.5.2 - delete in its entirety.
56. Paragraph 11.5.3 - delete in its entirety.
57. Add Paragraph 11.6 - "In accordance with Paragraph 11.2.2, progress payments for Basic
Services in each phase shall be submitted monthly to the Construction Manager for review and
the Construction Manager shall forward these applications for payment to the Owner for
approval and payment. The Architect shall provide documentation as requested by the Owner
and Construction Manager to substantiate the requested percentages of the total Basic
Compensation payable for each phase."
Contract FF-102
December 22, 1993
Key Largo Fire Station
Page 8 of 8
LOBBYING AND CONFLICT OP INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, PLORIDA
ETH I CS CLAUSE
II
Wrlf0 -5chne.-Jder' Cls::caaJes AlA-:t=R-
(COI1ll8ny)
II
II warrants that he/it has not efl1'loyed, retained or otherwise had act on his/its behalf any former
County officer or efl1'loyee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or
efl1'loyee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the
County may, in its discretion, terminate thIs contract wltnout liaDility 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 pai to the former County officer or efl1'loyee".
Date:
I I (Signature)
I -5 q~
STATE OF ~
COUNTY OF ~ ~
HI')'y T SHUTt'
ST Aft: Of~ FLORIDA~
My CGfTlrTJ Exp12/30/95
.~ii BC~~C>[D
t'L tt- 1/2'5~
c::, -- \~..,+ (date)
He/She i~ personally known to me
as identification. (type
Subscribed and sworn to
by ~
or has produced
of identification)
~, 'L'j~A:Jr
. TA Y PUBl
MCP #4 Rev 2192
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FClRM IIJST BE SIGNED AtlD SWIlII TO III THE PRESEIlCE OF A IlOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO
ADM I II I STER OATHS.
1.
m.OI\roe..... C~aroe of the publ ic entity)
~er+ &. Qvrl-€. J {tIft 3nnCl pc0
(print individual's name aAd title)
CurrIe ~~r ~\aJe3 11ifr 7fT
(print name of entity submitting sworn statement) I
who," ....IM.. odd".. I, qf5 e,paJ:lr~ ~u....e
___.___u_____~~ ocrlL ~83--
and (if appl icable) its Federal E~loyer Identification Nunber (FEIN) is ~J.99.e5 LL
(If the entity has no FEIN, include the Social Security Nunber of the individual signing this sworn
by
This sworn statement is submitted to
for
statement:
. )
2. I U'lderstand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to
the transaction of business with any public entity or with an agency or political subdivision of any
other state or of the United States, including, but not limited to, any bid or contract for goods or
services to be provided to any public entity or an agency or political subdivision of any other
state or of the United States and involving antitrust, fraud, theft, bribery, collusion,
racketeering, conspiracy, or material misrepresentation.
3. I lI'lderstand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry
of a plea of guilty or nolo contendere.
4. I lnierstand that an "affil iate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime: or
2. An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a publ ic entity crime. The term "afti l iate" includes those
officers, directors, executives, partners, shareholders, ~loyees, members, and agents who are
active in the management of an affiliate. The ownership by one person of hares constituting a
controlling interest in another person, or pooling of equipment or income among persons when not
f~.~ ~:!~:"' ~.2r!c.et VS~t_'e t~er :!!" 9r~ls t~!"!~~h E:!!!re~"t, she'.!, ~ ~ prif'\e f:tri~ (':AS~ ."'D" "n~
person controls another person. A person who knowingly enters into a joint venture with a
person who has been convicted of a publ ic entity crime in Florida during the preceding 36 months
shall be considered an affiliate.
5. I lI'lderstand that a "person" as defined in Paragraph 287 .133( 1 )(e), Florida Statutes, means any
natural person or entity organized under the laws of 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 otherwise transacts or applies to
transact business with a p.blic entity. The term "person" includes those officers, directors,
executives, partners, shareholders, ~loyees, members, and agents who are active in management of
an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. (Indicate which statement applies.)
~\J-Jl Neither the entity submitting this sworn statement, nor any of its officers, directors,
executives, partners, shareholders, ~loyees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity has been charged with and convicted of
a public entity crime subsequent to July 1, 1989.
~~ The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor an affiliate of the entity has been charged with and convicted of
a public entity crime subsequent to July 1, 1989.
--~l~ l- The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or an affiliate of the entity has been charged with and convicted of a
public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding
before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the
Final Order entered by the Hearing Officer determined that it was not in the public interest to
place the entity submitting this sworn statement on the convicted vendor list. (attach a copy
of the final order)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN
PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF
THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY
PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOlD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
U.,
"
-c
---'
Sworn to and subscribed before me this ..5
(P;~S~I~~--~~ ~ t---,( t::. V
, /
-----....-----
OR produced i dent i f i cat i on
day of ---..Jary L an 1 ' 19~.
I~~
Notary Public - State of ~~
My Commission expires l~\ 730 1..:!2
-r:\-W ,-{ T - 'StN 1\
(Printed, typed or stamped commissioned name
of Notary Public)
(Type of identification)
/--- THU'r :~~HU f I
4 Notar~ 5T A TE (A- F-LORiD,A.
\Public )'i.ly Ccmrn tCxp]2.IVV%
'----/ R(":'
__J '_.I' '\.
Form PUR 7068(Rev. 06/11/92)
A.~!~~SIIflCAJ$
PRODUCER
Harvey L. Brown Agency Inc.
64 N.E. 5th Avenue
Delray Beach, FL 33483
407/276-0369
ISSUE DATE (MMIODIYY)
COMPANIES AFFORDING COVERAGE
~~ A Ohio Casualty Insurance Company
INSURED
Currie Schneider Associates, AIA, P.A.
25 Seabreeze Avenue
Delray Beach, Florida 33483
COMPANY B
LETTER
~~YC
~NYD
CO\fERAW .
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLlCII:S DESCRIBED HEREIN IS SU
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
co
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MM/DONY) DATE (MMIDOIVY)
UIIm
GENERAL LIABILITY
X COMMERCIAl GENERAL LIABILITY
CLAIMS MADE X. OCCUR.
OWNER'S&CONTRACTOR'SPROT. BLO (95) 50634255
3/5/94
3/5/95
GENERAL AGGREGATE I 1 ,000,000
PROOUCTs.coMPIOP AGG. 11,00.0 100.0
PERSONAL&AOV.INJURY I 500,000
EACH OCCURRENCE I 500 , Q 00
ARE DAMAGE (Anyone lire) I 50,000
MEa. EXPENSE (Any one ponon) I 5 000
A
A
AUTOMOBILE LIABILITY
ANY AUTO
AU. OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
.X.~ NON-OWNED AUTOS
GARAGE LIABILITY
BAW 50634255
COMBINED SINGLE 11,000,000
LIMIT
BOOIL Y INJURY ,I
3/5/94 3/5/95 (Per .--.1
- -~-_._-_._--~----- .
BOOIL Y INJURY I
. (Per 8CCIdenr)
~-_.-
PROPERTY DAMAGE I
EACH OCCURRENCE I
AGGREGATE I
EXCESS L1A8lUTY
UMBRELLA FOAM
OTHER THAN UMBRELLA FOAM
OTHER
f
I
I
DlSEASE-acH EMPLOYEE I
DlSEASE-POUCY LIMIT
WORKER'S COMPENSATION
AND
EMPLOYERS' UABlLlTY
Recei ved
Risk Mgmt. & Loss Control
DATE
STATUTORY LIMITS
EACH ACCIDENT
INITIAL
'-K&
cK-
DESCRIPTION OF OPERATIONSIl.OCATlONSIVEHICLESlSPECIAL ITEIIS
MONROE COUNTY, MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND MORRISON-KNUDSEN/GERRITS ARE
ADDITIONAL NAMED INSUREDS ON THE ABOVE LISTED POLICIES AND THE MAILING ADDRESS IS SHOWN IN THE
CERTIFICATE HOLDER SECTION.
Larry Keys
Morrison-Knudson/Gerrits
Monroe County Capital Improvements
Post Office Box 5283
Key West, Florida 33045
ACORD..zs:i171iiiiJ...."..~......."......:.; .
SHOULD ANY OF THE ABOVE DESCRIBED POlICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY Will ENDEAVOR TO
MAIL~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
lEFT, BI!f,'f'Ji!JU)ReTO' MAil SUCH NOTICE SHAll POSE NO OBLIGATION OR
LIABIUTY'OF'ANV4 ~N THE CO PA ,ITS TS OR REPRESENTATIVES.
AUTHORIZED ATIVE
Florida Workers Compensa~ .1
Joint Underwriting Association, Inc.
777 Yamato Roac.., .iuite 200
P.O. Box 3098 j12S2930~
Boca Raton, Florida 33431-0 ,,.
Tel. (407) 997-4633 :.tl& it ~~
Fax (407) 998-7512 'V ~ ~
t:J ~t~ l~~11 ~
~ f'" .~",,,ed :;
N 22,,;4'~nv,{\\1~'!,e\'\ "'oJ
o "~,', lisaI' ..' Cb
~ ",' <;e{TIlS Co
~& \'~;j\\) d"
~ <: \, ,-"
i 9iSL 17L ~\. 't
EFFECTIVE DATE: 02/12/94
BINDER NUMBER: 09-80195-94049-000124
FED 10 NUMBER: 59 19985 14
CURRIE SCHNEIDER ASSOCIATES AlA P A AND ROBERT G CURRIE
25 SEABREEZE AVE
DElRA Y BEACH Fl 33483
RE: WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY BINDER
This is to acknowledge receipt of an estimated or deposit premium payment and your application for
coverage through the Florida Workers Compensation Joint Underwriting Association, Inc.(FWCJUA).
The FWCJUA is providing coverage under this binder for 30 days, beginning at 12:01 a.m. on the
effective date shown above. Coverage is provided under the Workers Compensation law of Florida
only. Employers Liability coverage is also provided subject to the following standard limits:
Bodily Injury by Accident:
Bodily Injury by Disease:
Bodily Injury by Disease:
$100,000 - each accident
$500,000 - policy limit
$100,000 - each employee
The policy issued will be written in the name of the Florida Workers Compensation Joint Underwriting
Association, Inc, and services will be provided by the company listed below.
Please retain this binder as evidence of coverage until you receive your policy.
COMP ANY:
APPROVED BY RtSf( MANAGEMENT
_ (j ,-'!~ ' i~ ek---
Ul i _ ; 0/ '-' ry-
DATE (-'3 J? { q' d
WAIVER: N/^ )( YES _
ReceiVt~d
j{lsk Mgrnt. & Loss CCj~{Tol
DATI'? 3 -<{ - 9~
----.-
IN!' ''IAL ~ 0 Ie-
...----------------
LIBERTY MUTUAL INSURANCE
P. O. BOX 2376
GAINESVillE
(800)432-7171
GA 30503
AGENCY NAME:
HARVEY l BROWN AGENCY
POBOX 897
DElRA Y BEACH
FILE
Pb (Fr~)
Fl 33483
BOR6.FRM REV, AJB 12/93
I' . ,
A.~~.ltl.. CERTIFICA ~ . OF INSURANCE CSR EA ISSUE DATE IMMiDD,YYI
CURR:I-l 02/08/94
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
Kornreich Insurance Services CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
(Florida), :Inc. DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
222 Lakeview Avenue, Suite 390 POLICIES BELOW.
West Palm Beach FL 33401
COMPANIES AFFORDING COVERAGE
407-833-0044 COMPANY A Alpine Insurance Company
LETTER
COMPANY B
INSURED LETTER
COMPANY C M'''~'' RV mSI( MANAGEMENT
LETTER C"}J) (
IW ~ " ' --..
Currie Schneider Associates, COMPANY D . 'I 0 I
A:IA, PA LETTER ' -, /(l 7 j , ( .
25 Seabreeze Avenue OATr ({I ./
Delray Beach, FL 33483 COME'ANY E
LETTER WA'Vr:~' N/A ;( vr~
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MMIDDIYYI DATE (MMIDDIYYI
GENERAL LIABILITY GENERAL AGGREGATE $
COMMERCIAL GENERAL LIABILITY PRODUCTS,COMP/OP AGG. $
CLAIMS MADE OCCUR. PERSONAL & ADV. INJURY $
OWNER'S & CONTRACTOR'S PROTo EACH OCCURRENCE $
#8910~ FIRE DAMAGE (Anyone fire) $
0. . ~? MED. EXPENSE (Anyone person) $
AUTOMOBILE LIABILITY f' T .~ COMBINED SINGLE
ANY AUTO ~ LIMIT $
FEB 1894 ...
ALL OWNED AUTOS Cl BODILY INJURY
\'" f<?ceived ... $
SCHEDULED AUTOS g ~ IPer personl
,. '-'.n '('l,,~<.en 05
HIRED AUTOS \,,~ r..;J.s ~ BODILY INJURY
(Per accident) $
NON-OWNED AUTOS .' -0 " ,'., .-\,'
.~ '0 C
GARAGE LIABILITY "./" 1)/
. ',.., ...r. ,. PROPERTY DAMAGE $
.~.~.~ v/
".:::. S?: tv~ ~1, ~
EXCESS LIABILITY EACH OCCURRENCE .
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION STATUTORY LIMITS
EACH ACCIDENT $
AND
DISEASE- POLICY LIMIT $
EMPLOYERS' LIABILITY
DISEASE- EACH EMPLOYEE $
OTHER
A Architects 8&0 AEPL 2201 10/26/93 10/26/94 $1,000,000
Per Claim Aggregate
Rp('F" .;...-
DESCRIPTION OF OPERATlONS/LOCATIONSNEHICLES/SPECIAL ITEMS Risk Mgmt. & Loss Controi
Re: Key Largo
Operations of the insured DATE ~-I(J-fY
INII1AL -tZ ok-
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
Monroe County Florida MAIL~ DA YS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
c/o Morrison-Knudson-Gerrits LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
Attn: Larry Keys LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
5090 College Rd.
Key West, FL 33040 AUTHORIZEDREPR~R //~
ACORD 25-S(7/90) <<:l ACORD CORPORATION 1990