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09/21/1994 THE AMERICAN INSTITUTE o F ARC HIT E C T S . AlA Document B151 Abbreviated Form of Agreement Between Owner and Architect for Construction Projects of Limited Scope 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATlOl{ AGREEMENT No. FC-10l -7 . ,-, ~ ' in th~year of o '- c:-::l -; made as of the 218 t day of Nineteen Hundred and Ninety-Four (1994). BETWEEN the Owner: Cl z Sentember ~c- r (Name and address) Monroe County Board of County ~IEmissiJ.ners;' 500 Whitehead Street "Z' Key West, FL 33040 U A N -.J and the Architect: (Name and address) Currie Schneider Associates AlA, PA 100 Northeast 5th Avenue, Suite B-1 Delray Beach, FL 33483 Phone: 407-276-4951 For the following Project: Conch Key Fire Safety Facility (Include detailed description of Project, location, address and scope.) Conch Key, Florida See Article 12 for Full Description The Owner and Architect agree as set forth below. Copyright 1974, 1978, @1987 by The American Institute of Architects, 1735 New York Avenue, KW., 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 wilJ be subject to legal prosecution. AlA DOCUMENT 8151 · ABBREVIATED OWNER-ARCHITECT AGREEMENT. THIRD EDITION. AlA t> . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8151-1987 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 Agreement and any other services included in Article 12. 1.1.2 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. 1.1.3 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 described under the three phases identified below, any other services identified in Article 12, and include normal structural, mechani- cal and electrical engineering services. 2.2 DESIGN PHASE 2.2.1 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.2 Based on the mutuallv agreed-upon program, schedult: and construction budget requirements, the Architect shall prepare, for approval by the Owner, Design Documents con- sisting of drawings and other documents appropriate for the Project, and shall submit to the Owner a preliminary estimate of Construction Cost. 2.3 CONSTRUCTION DOCUMENTS PHASE 2.3.1 Based on the approved Design Documents, the Architect shall prepare, for approval by the Owner, Construction Docu- ments consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project and shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost. 2.3.2 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.3.3 l' nless pro\'ided in Article 12, the Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.4 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.4.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement conunences with the award of the Contract for Construction and terminates at the earlier of issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work, 2.4.2 The Architect shall provide administration of the Con- tract for Construction as set forth below and in the edition of AlA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 2.4.3 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 Contractor. which consent shall not be unreasonably withheld. 2.4.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due and (2) as an Additional Ser- vice at the Owner's direction from time to time during the cor- rection period described in the Contract for Construction. 2.4.5 The Architect shall visit the site at intervals appropriate to the stage of construction or as othel>vise 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 Work is being performed in a man- ner indicating that the Work when completed will be in accor- dance with the Contract Documents. However. the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of on-site obsel>'ations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeanlr to guard the Owner against defects and deficiencies in the Work. (\lure extellsit'e site representation ilia)' be aRreed tu as an Additiull(// San (e. (/S described in ParaRrapb ,Ll.) 2.4.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methous, techniques, sequences or procedures, or for safetv precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contr:lCt for Construction, The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents, The Architect shall not have control over or charge of acts or omissions of the Contractor. Subcontractors, or their agents or emplovees, or of any other persons performing portions of the Work. 2.4.7 The Architect shall at all times have access to the Work where\'er it is in preparation or progress. 2.4.8 Based on the Architect's observations and c\'JluJtions of the Contractor's Applications for Payment. thc Architect shall review and certify the amounts due the ContrJClOr. 2.4.9 The Architect's certification for payment shall constitute a representation to the Owner. based on the Architect's (\bser- vations at the site as provided in Subparagraph 2, 'I. 5 and on the AlA DOCUMENT 8151 . ABBREVIATED OWNER.ARCHITECT AGREEMENT. THIRD EDITION. AlA. . @ 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, I":\S NEW YORK AVENUE, N'Ilt', WASHINGTOl'i, D.C 20006 B151-1987 2 data comprising the Contractor's Application for Payment, that the Work, to the best of the Architect's knowledge, informa- tion and belief, has progressed to the point indicated and that quality of the Work is in accordance with the Contract Docu- ments. The issuance of a Certificate for Payment shall not be a representation that the Architect has (I) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, tech- niques, sequences or procedures, (3) reviewed copies of requi- sitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contrac- tor's right to payment or (4) ascertained how or for what pur- pose the Contractor has used money previously paid on account of the Contract Sum. 2.4.10 The Architect shall ha\'e authority to reject Work which does not conform to the Contract Documents and will have authority to require additional inspection or testing of the Work whenever, in the Architect's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents. 2.4.11 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay. The Architect's approval ofa 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 equip- ment 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. 2.4.12 The Architect shall prepare Change Orders and Con- struction Change Directives, with supporting documentation and data if authorized or confirmed in writing by the Owner as provided in Paragraphs 3.1 and 3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are nO! inconsistent with the intent of the Contract Documents. 2.4.13 The Architect shall cunduct inspections to determine the dates of Substantial Completion and final completion and shall issue a final Certificate for Pavment. 2.4.14 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 \yithin any time limits agreed upon. When making such inter- pretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partialitv to either. and shall not be liable for results of interpretations or decisions so rendered in good faith. ARTICLE 3 ADDITIONAL SERVICES 3.1 Additional Services shall be provided if authorized or con- firmed in writing by the Owner or if included in Article 12, and they shall be paid for by the Owner as provided in this Agree- ment. Such Additional Services shall include, in addition to those described in Paragraphs 3.2 and 3.3, budget analysis, fmancial feasibility studies, planning surveys, environmental studies, measured drawings of existing conditions, coordina- tion of separate contractors or independent consultants, coor- dination of construction or project managers, detailed Con- struction Cost estimates, quantity surveys, interior design, pian- ning of tenant or rental spaces, inventories of materials or equipment, preparation of record drawings, and any other ser- vices not otherwise included in this Agreement under Basic Ser- vices or not customarily furnished in accordance with generally accepted architectural practice. 3.2 If more extensive representation at the site than is described in Subparagraph 2.4.5 is required, such additional project representation shall be provided and paid for as set forth in Articles II and 12. 3.3 As an Additional Service in connection with Change Orders and Construction Change Directives, the Architect shall prepare Drawings, Specifications and other documentation and data, evaluate Contractor's proposals, and provide any other services made necessary by such Change Orders and Construc- tion Change Directives. -" ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information, including a pm- gram which shall set forth the Owner's objectives, schedule, constraints, budget with reasonable contingencies, and criteria. 4.2 The Owner shall furnish surveys describing physical char- acteristics, legal limitations and utility locations for the site of the Project, a written legal description of the site and the ser- vices of geotechnical engineers or other consultants when such services are requested by the Architect. 4.3 The Owner shall furnish structural, mechanical. chemical. air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections ~Uld reports required by law or the Contract Documents. 4.4 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to \-erify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by the Owner. 4.5 The foregoing services, information, surveys and repom shall be furnished at the Owner's expense, and the Architect shall be entitled to relv upon the accuracy and completeness thereof. 4.6 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documem~ 4.7 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shalJ be submitted to the Architect for review and approval at least I ~ days prior to execution. 3 B151-1987 AlA DOCUMENT 8151 . ABBREVIATED OWNER.ARCHITECT AGREEMENT. THIRD EDITION. AlA- . <9198- THE AMERICAN I:>OSTlTt'TE OF ARCHITECTS. P35 NEW YORK AVENUE. N.W., WASHINGTON, DL 20()Ol) ", ARTIa.E 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shalJ 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 provided for by the Architect, plus a reasonable allowance for the Con- tractor's overhead and profit. In addition, a reasonable allow- ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 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 respon- sibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 It is recognized that neither the Architect nor the Owner has control over the cost of labor. materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accord- ingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget. unless a fixed limit has been agreed upon in writing and signed by the parties hereto. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 Any Project budget or fixed limit of Construction Cost may be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost is exceeded by the lowest bona fide bid or negotiated proposal. the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 if the Project is abandoned. terminate in accordance with Paragraph 8.3; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4. the Architect, without additional charge, shall modify the Con- tract Documents as necessary to complY with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the est2b1ishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. 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 solely with respect to this Project, and the Architect shall be deemed the author of these docu- ments and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies. including reproducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Architect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in deroga- tion 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 Agree- ment or breach thereof shall be subject to and decided by arbi- tration in accordance with the Construction Industry Arbitra- tion Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. No arbitra- tion arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other manner, an additional person or entity not a part\. to this Agreement. except bv writ- ten consent containing a specific reference to this Agreement signed by the Owner, Architect. and any other person or entity sought to he joined. Consent to arbitration im'olving an ;lddi- tional person or entity shall not constitute consent to ;lrbitrJ- tion of any claim. dispute or other m;ltler in question not described in the written consent. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agree- ment shall be specifically enforceable in accordance with appli- cable law in any court having jurisdiction thereof 7.2 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 by the applicable statutes of limitations. 7.3 The award rendered by the arbitrator or arbitrators shall Ix: 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 seven days' written notice should the other party AlA DOCUIENT 111 S1 · ABBREVIATED OWNER-ARCHITECT AGREEMENT. THIRD EDmoN . AlA. . @ 198~ THE AMERICAN INSTITUTE OF ARCHITECTS. P3S NEW YORK AVENUE. N.W.. \l'ASHINGTON. D.C. 20006 8151-1987 4 fail SUbsWltially to perform In accordance with the terms of this Agreement through no fault of the party initiating the ter- mination. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for ser- vices performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equit- ably adjusted to provide for expenses Incurred in the interrup- tion and resumption of the Architect's 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 by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered subsWltial nonperformance and cause for termination. 8.5 If the Owner fails to make payment when due the Archi- tect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of ser- vices under this Agreement. Unless payment In full is received by 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 delay 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 Reimbursable Expenses then due and all Termination Expenses. 8.7 Termination Expenses are in addition to compensation for Basic and Additional Services, and include expenses which are directly attributable to termination. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Cnless otherwise provided, this Agreement shall be gov- erned by the law of the principal place of business of the Architect. 9.2 Terms in this Agreement shall have the same meaning as those in AlA Document AZOI, General Conditions of the Con- tract for Construction, 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 Com- pletion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after SubsWltial Completion. 9.4 The Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other 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 A20I, General Con- ditions of the Contract for Construction, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their contractors, consulWlts and agents. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party 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 between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either writ- ten or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contrac- tual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 The Architect and Architect's consulWlts 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 subsWlces. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense is defined as the direct salaries 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 include expenses incurred by the Architect in the interest of the Project for: .1 expense of transportation and living expenses in con- nection with out-of-town travel authorized bv the Owner; .2 long-distance communications; .3 fees paid for securing approval of authorities having jurisdiction over the Project; .4 reproductions; .5 postage and handling of Drawings and Specifications: .6 expense of overtime work requiring higher than regu- lar rates, if authorized by the Owner; .7 renderings and modeL~ requested bv the Owner; .8 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; and .9 expense of computer-aided design and drafting equip- ment time when used in connection with the Project. 5 8151-1987 AlA DOCUIENT 8151 . ABBREVIATED OWNER-ARCHITECT AGREEMENT. THIRD EDITION. AlA. · @ 198- THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W., WASHINGTON. D.C. !0006 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth In Pangraph 11.1 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. 10.3.3 If and to the extent that the time Initially established In Subparagraph 11.5.1 of this Agreement is exceeded or ex- tended through no f2ult of the Architect, compensation for any services rendered during the additional period of time shall be computed In the manner set forth in Subparagraph 11.3.2. 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 of the Project shall be payable to the extent services are per- formed on those portions, in accordance with the schedule set forth In Subparagraph 11.2.2, based on ( 1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost 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 st:ltement 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 sums withheld from paymentS to contractors. ARTIa.E 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 ,AN INITlAL PAYMENT OF - 0 -, Dollars(S shall be made upon execution of this Agreement and credited to the Owner's account at fmal payment. 11.2 BASIC COMPENSATION - 0 - 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: .. ". .. (I'uert basis 01 comfWtlSUl/un. i"cludi"8 stipulated sums, multiples or JH!r'UOIkl8flS, atld iderlliIY phases to uvia, particular metbods 01 comperlSl4li'>>1 aPRI.l', if 'UiCessary.) Seven Thousand Dollars ($7,000.00) 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost. progress payments for Basic Services in C'J<.:h phast: shall Wtal the following percentages of the tO(al Basic Compensation payable: (hlSert ud,liticJl/ul pbClSe~ a~ appropriate.) Design Ph;l.Se: Construction Documents Phase: Construction Phase:: $1,750.00 $3,500.00 $1,750.00 _$7,000.00 Total Basic Compensation: pcrcem (25 'Yo) perccnt (50 'Yo) perct:r1l (2 5 %) onc hundred pl:rcent ( 1 OO'r.,) 8151-1987 6 AlA DOCUMENT 8151 . AIIIIKEVIATED OWNEK.AKCIIITECT AGREEMENT' T1I1KO EDITION' AI"" . C019H7 TIIF. AMEKICAN INWITlJTE Of AKClIITECTS, 17~~ NEW YOKK AVENUE. N.W, WAstIlN(;TON. DC. 20t)(X, 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described .in P-.l1':lgraph 3.2, compensation shall be computed as follows; . N/A 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT provided under Article 3 or identified in Article 12, compensation shall be computed as follows: . (Inse'" btIsIs of """p.ns.tion, Irrdudl"ll Mta ",ldIor mull/pin of DlIYCI PrnoIlNI Exptmu lor Prlrrdpals IIUId m1p10:yHI, ",ulldllllll/y PrIncipals atul classl/Y emplo:yHI, 1/ nqulrwt. Idttnll/y sp<<l/lc lmllca 10 /llblcb particular IIUIIbods of compmsulion apply. 1/ necflSSal)'.) N/A or 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS. lnducUng additional structural, mechanic-.1I and electrical engineering ser- vices and those provided under Article 3 or identified In Article 12 as part of Additional Services, a multiple of (: 1. 1 5 ) times the amounts billed to the Architect for such services. - (ldenll/y s/'<<I/fc typn of consuJltlnll in A,.,icle 12. 1/ requif'f!d.) 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 Reimbursable Expenses, a multiple of N / A () 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 ( 'l'we 1 V ~ months ollhe date hereol, through no l:aull 01 the Arehitect, extension of the Architect's lIcrvlccs beyond that lime sh:&11 bc!'compcnJated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable Thirty (30) days from the date of the Architect's invoice. Amounts unpaid - 0 - days after invoice date shaI1 bear interest from the date payment is due allhe rale entered below, or in the absence thereof, at the legal rate prevailing from time 10 time at the principal place of business of the Archilect. (lIlSerl any rale 01 flllerest agreed upon.) (Usury '"ws and requirtmlmts under lbe Fed.,.uJ Trulb i" Lendi"g ACI, similar sltll. <II'" lo,;uJ CO'lSU",.,. credilluws and olber r"lIulalio,lS ul Ill<! OWPler's u"d Arcbi. 1<<I's principal plucn 0/ busi".", IW locullon O/Ibe Proj<<1 "nd .sftllberw may al/<<llbe IJtIlldily O/Ibis proulsiO". S/WCi//c lesuJ advice sbould be oblui",," witb res/WCIIO "-Ielions or modl/fcat/OllS, and also regurding r"'luir.."..lls sucb us wrllt,m disc/osurllS or wuivws.) 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 8151 · ABBREVIATED OWNER'ARCHITECT AGREEMENT. T1URD EDITION. AlA. . \&)1 YIl7 THE AMI!RtCAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUI!, N.W., WASUlNGTON. D.C. 20006 8151-1987 7 ~ - ----.------ -------~-- --------- ---_._--~---- ---- ARTICLE 12 OTHER CONDITIONS OR SERVICES (Ins.,., Qacriplioru of Ollwr Mfrl'iCIlS. ialtrJlijy AddiliOtlal Snl'ices illcludltd lllilmn &.,.ic o,mpo:'JSQUUII (uld modiji':lIliOlls I(J II... p.. V"....", ""d mlllP<'".."'u" I"n"$ ilKI,",,", in lbil ~,) . CONCH KEY FIRE SAFETY FACILITY Conch Key, Florida Based on recent discussions with, we propose to provide architectural serVices and engineering coordination with the mechanicaVelectrical engineers to accomplish design and construction document services for the Conch Key Fire Safety Facility as follows: a. Provide adequate lighting and the upgrade of lighting fixtures throughout the facility. b. Upgrading of existing electri~1 panel and service. c. ., Provide' GFI outlets in the kitchen and bathroom. ' d. Repair/replacement of electrical conduit located within the apparatus bay. e. Replacement of existing shower stall and fixtures with new upgraded materials for Bathroom No.1. f. Provide hot water to sink In Bathroom No.1. g. Replacement of existing toilet with new toilet in Bathroom No.2. h. Provide exhaust ventilation in apparatus bay. i. Provide (lew kitchen floor. j. New handicap toilet (if required). k. Door jamb detail in multi-purpose room. ". Services shall include design through contract documents, project specifications and construction administration to cover the aforementioned items. . . This proposal does not include structural, civil engineering or landscape architectural services. Proposed fees to accomplish this assignment are Seven Tho~s~~ Dollars ,($7,000.00) and are inclusive of reimbursable expenses associated with long distance communication, blueprinting and express mail services. This fee encompasses two site visits each by the architect and the mechanicaVelectrical engineer. . , ATTEST: DANNY L. KOLHAGE, CLERK By ../i!uDJ~~JA*fl~ . epu~ !his Agreement entered into as of the day and year flISt written above. Jf:' '" AN. yY. " AtlDfrH.1'I's Off_ OWNER ~ , (Siglli.llUTe) London - Mayor/Chairman (I'rimed ,",mil 'u", IiIIII) (PrlIIled fli.lme Ufu/ IIllff) Robert G. Currie, AlA Principal AlA DOCUMENT 8151 . AlIUKEVIATED OWNIiR'AkC'lITECT AGREEMENT. TtIUW f.UITIUN. AlA- . V 1'1117 TlIF. AMERICAN INSTITIlTf. OF ^,lnllTF.CT~. In~ Nf.W YOKK AVENUE, N W. WAqIlNr.TnN n (' ','I'."; A1'i1-1987 8 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT The attached Supplemental Terms and Conditions, Pages I through 4, amend, supplement or clarify these "TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT, AlA Document B15I-I987 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. I The Architect shall provide satisfactory evidence to the Owner, that the Architect, at their own expense, has obtained the limits of insurance specified in the insurance checklist pages (4) attached. Contract FC-1OI Conch Key Fire Facility SUPPLEMENTAL TERMS & CONDITIONS 1. Add paragraph 1.1.4 "The Architect's services shall be provided in conjunction with the services of the Construction Manager, Morrison-Knudsen/Gerrits, as described in the edition of AlA Document B801-1980, Standard Form of Agreement between Owner and Construction Manager as amended and executed by the Owner." 2. Paragraph 2.2.1 - 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. Add paragraph 2.2.3 "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." 4. Add paragraph 2.2.4 "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. 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." 5. Paragraph 2.3.1 - delete from the fourth line: "...and shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost.", and insert: "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 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. The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost." 6. Paragraph 2.3.2 - delete in its entirety and insert: "The Architect is responsible for 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." Contract FC-I0l Conch Key Fire Facility Page 1 7. Add Paragraph 2.3.4 "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." 8. Add Paragraph 2.3.5 "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." 9. Paragraph 2.4.2 - 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 AZOl/CMa, General Conditions of the Contract for Construction, Construction Manager-Advisor Edition, as amended by the Owner." 10. Paragraph 2.4.4 - 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." 11. Paragraph 2.4.13 - delete from the end of the paragraph: "and shall issue a final Certificate for Payment" 12. Paragraph 2.4.9 - delete from the first sentence: "...the best oL" and delete the remainder of the paragraph after the first sentence. 13. Paragraph 2.4.11 - 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 or 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." 14. Paragraph 2.4.12 - delete all reference to "Architect" and replace with "Construction Manager". 15. Paragraph 2.4.14 - 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. 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. 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." 16. Add Paragraph 2.4.15 - "All written communications to the Contractors shall be forwarded through the Construction Manager." Contract FC-101 Conch Key Fire Facility Page 2 17. Add Paragraph 2.4.16 - "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." 18. Paragraph 3.1 - delete from the eighth line: "...coordination of construction or project managers..." and delete from the twelfth line: "...preparation of record drawings..." 19. Paragraph 3.3 - delete in its entirety 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 Architect shall promptly notify the Owner of the nature, extent and the cost of such services." 20. Add Paragraph 4.8 - "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." 21. Add Paragraph 4.9 - The Owner shall retain a construction manager to administer the project. 22. Paragraph 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." 23. 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." 24. Paragraph 6.2 - delete in its entirety. 25. 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." 26. 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." Contract FC-101 Conch Key Fire Facility Page 3 27. 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." 28. Paragraph 9.2 - delete: "...current as of the date of this Agreement." and insert: "as amended by the Owner." 29. Paragraph 9.3 - delete in its entirety. 30. Paragraph 9.4 - delete: "...current as of the date of this Agreement." and insert: "as amended by the Owner." 31. Paragraph 9.6 - after "This Agreement" in the first sentence, insert: ", which includes the attached Supplemental Terms and Conditions,". 32. Paragraph 10.2 - delete in its entirety. 33. Paragraph 10.4 - revised to read: "PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES" 34. Paragraph 10.4.1 - delete - "... and for Reimbursable Expenses." 35. 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 subconsultants until such time as the nonpayment notice is resolved to the satisfaction of the Owner." 36. Paragraph 11.5.2 - delete in its entirety. 37. Paragraph 11.5.3 - delete in its entirety. 38. 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 FC-101 Conch Key Fire Facility Page 4 ( MONROE COUNn'. FLORIDA INSURANCE CJlECKLlST FOR VENDORS SUBMITTING PROroSALS fOR WORK To assist in the development of your proposal, the insurance cover:lgcs nlalked with an .X. ....il\ be required in the event an award is made to your firm Please review this form ....ilh your insurance agent and have himlher sign it in the place provided. It is also required thnt the bidder sign the form and submit it with each pt"oposal. wel WC2 We) weUSLH WCJA \. ^d"T'lltll'<l,..tl'o"C: In<.n...1~ ..7V901 x := X = WORKERS' COM PENSA TION AND EMPLOYERS'L1ABILlTY Workers' Compensation Employers Liability Employers Liability Employers Liability US Longshoremen & Harbor Workers Act Fderal Jones Act StahJtof)' Limits $100,000/$500,000/$100,000 $500,000/$500,000/$500,000 $1,000,000/$1,000,000/$1,000,000 Same as Employers' Liability Same as Employers' Liability ISSCK LST 6 l. ( GENERAL lIABILITY A3 a minimum. the required general liability coverages will include: . Premises Operations . Blanket Contractual . Expanded Definition of Property Damage Products And Completed Operations Personallnjuf)' . . Required Limits: GLI ~ SIOO,OOO per Person; $300,000 per Occurrence S50,OOO Property Damage or $300,000 Combined Single Limit $250,000 per Person; S500,OOO per Occurrence $50,000 Property Damage or $500,000 Combined Single Limit GL2 ~ GD $500,000 per Pcr~ $1,000,000 pel Occurrence $100,000 Property Damage or SI,OOO,OOO Combined Single Limit Required Endorsement: GLXCU GLLlQ Underground, Explosion and Collapse (XCV) Liquor Liability All endorsements are required to have the same limits as the basic policy ~ I:-<SCKLST ^dmH"llo;1nll'\t If''l''d:NC1K'e .nO'Jol I"~ 7 '........ ~;... :.,.-y J J"~" YEHJCLE LlABLLITY As a minimum. coverage should extend to liability for: . Owned; Nonowncd; and Hired Vehicles Required Limits VLI X $50,000 per Person $ I 00,000 per OccurTence $25,000 Property Damage or S 100,000 Combined Single Limit VL2 $ I 00,000 per Person; S300,OOO per Occumnce S50,OOO Property Damage or $300,000 Combined Single Limit VL3 $500.000 per Person; $ 1,000,000 per Occurrence S 100,000 Property Dam<,se or SI,OOO,OOO Combined Single Limit MISCELLANEOUS COVERAGES ( ORI Builders' Limits equal to lhe Risk completed project. MVC Motor Truck Limits equal to the maximum Cargo vlllue of anyone shipment. PROI - r rofessional $ 250,000 per OCCUfI cncel$ 500,000 Agg PR02 Liability $ 500,000 per Occurrence/$ 1,000,000 Agg. PRO) SI,OOO,OOO per OccurTence/S2,OOO,OOO Agg. POll Pollulion $ 500,000 per OCClIrrcnce/$ 1 ,000,000 ^gg POL2 Liability $1,000,000 per OccurTcnccl$2,OOO,OOO Agg. POL3 $5,000,000 per Occurrence/$IO,OOO,OOO Asg. EDI Employee S 10,000 ED2 - Dishonesty $100,000 GKI - Garage $ 300,000 ($ 25,000 per Veh) GK2 - Keepers $ 500,000 (SIOO.OOO per Veh) GK3 S 1,000,000 ($250,000 per Veil) \lEDI \lcdical S 500,000/$ 1,000,000 ^gg MED2 - Profossional $1,000,000/$ 3.000.000 Agg \1FDJ $\000.0001$10,000.000 ^gg ~ , ^dnlini({f'lli\c Jrr;trvc1a I~SCKLST ,HO? 01 8 IF losIaJlation floater VLPI VLP2 VLP3 BLL IIKLI HKL2 HKL3 ALRI AIR1 AJRJ Ilazardous Cargo Transporter Bailee Liab. H angark ccpcrs Liability Aircraft Liability AEOI AE02 AE03 -X- Architects Errors & Omis.sions Ar. U. IY'lIJ 'III I'rd.. Maximum vafue or Equipment Inslalled $ 300,000 (Requires MCS-90) $ 500,000 (Requires MCS-90) $1,000,000 (Requires MCS-90) Maximum Value of Property $ 300,000 $ 500,000 $ 1,000,000 S25,OOO,OOO $ 1,000,000 $ 1,000,000 $ 250,000 pcr Occurrencc1S 500,000 Agg. $ 500,000 per OccurrencelSI.OOO.OOO Agg. $ 1,000,000 per Occllrrcncc1S3,Ooo,OOO Agg. INSURANCE AGENT'S STATEMENT I have rC\;c....cd the above rcquirc01cr:ts with the bidder named below Thc following deductibles apply 10 the corresponding policy. POLICY ( DEDUCTIBLES Liabilily policies are _ Occurrence Claims Made Insurance Agency {3IDDERS STATEMENT Signature I understand the insurance thai will be mandatory if awardcd lhe con(racl ilnd will comply in full with all the requirements Bidder ^dministrah\'t lrtQ!ru...1K. '4709.01 INSCKLST Signillurc-- 9 At~.t.IU... CERTlACA'-'= Of~asu . .. ..._"'.I.==...:J:.......-;ti~<<;.....:~-~:.~. ..._-.-..;.,.0....... ~- "'" ," ~,. -~ ' . ,- PI'ODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ISSUE O"'TE ,...... DC" 4/12/94 HARVEY L. BROWN AGENCY INC. 64 N.E. 5TH AVENUE VELRAY BEACH, FL 33483 .107/276-0369 COMPANIES AFFORDING COVERAGE ~~;~~NY A THE OHIO CASUALTY INSURANCE COMPANY CURRIE SCHNEIVER ASSOCIATES AlA PA 25 SEABREEZE AVENUE VELRAY BEACH, FL 33483 CO...P"'NY B LEnER FLORIVA WORKERS COMPENSATION JOINT UNVERWRITl CO...P"'NY C ASSOC I A TI ON , I NC . lEnER INSURED f~;~~NY D APPROVEO B'V RISK Mr-NAGE~tm L/ CO...P"'NY E lEnER B'f COVERAGES . .... >'~";""'~~_."""~.:. "0' '~""'.'.'.._..~~~L..,._. . ......'fe. _" ,.:::"'_~.;t..-,:.t:.w~,. .....:..-~'.,.,". :~.;; ~""J . ___..."......7"'f;:.Mihl; ...........,......- ~ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSlIflED E~~THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTFibDllQ8 OTIMt~ T WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POL'~~S"6ESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ICO iLTR I TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPlRA nON D"'TE (....../DDNY) DATE (....../DDNY) LIMITS A OWNER'S' CONTRACTOR'S PROTo BLO (95) 50634255 3/5/94 3/5/95 GENERAL AGGREG"'TE S 1,000,000 PRODUCTS.CO...p/OP AGG, S 1, 000, 000 PERSONAL & ADV. INJURY S 500, 000 EACH OCCURRENCE S 50 0 , 000 FIRE DAMAGE (Anyone flrel S 50, 000 ...EO. EXPENSE (Any one peraon) S 5 . 000 GENERAL LIABILITY xx CO......ERCIAL GENERAL LIABILITY CLAIMS ...ADE XX OCCUR. '.. .;, AUTOMOBILE LIABILITY COMBINED SINGLE liMIT S 1,000,000 AHY AUTO -~-.-- A All OWNED AUTOS 3/5/95 BODilY INJURY (Per~n) S SCHEDULED AUTOS -..---.---. .-- XX HIRED AUTOS BODILY INJURY S XX' NON-OWNED AUTOS (Per Kddent) -. ------- GARAGE LIABilITY PROPERTY DAMAGE S EXCESS LIABILITY EACH OCCURRENCE S UMBRelLA FOR... AGGREGATE S OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY liMITS 8 098019594049000124 2/12/94 2/12/95 EACH ACCIDENT S 100,000 AND I DISEASE-POLICY liMIT S 500,000 EMPLOYERS' LIABILITY Received 100,000 I DISEASE-EACH EMPLOYEE S I Kisle; Mgmt. &: Loss Control I OTHER Ie-50 FT ,:, I~ : If) -5.0 ;c ~ - / 6 -~~ IC- ') (] rK Ie J~ Q Pc. DATE Ie-50 ;:: F IC-5.{) v< INI'i1AL ~ () /c:-- : DESCRIPTION OF OPERATlONSIlOCATIONSIVEHIClES/SPECIAlITEMS MONROE COUNTY, MORIE COUNTY BOARV OF COUNTY COMMISSONERS & MORRISON-KNUVSEN/GERRITS ARE AVVITIONAL NAMEV INSUREVS ON THE ABOVE LISTEV POLICIES ANV THE MAILING AVVRESS IS SHOWN IN THE CERTIFICATE HOLVER SECTION. CERTIFICATE .HOLD~ ::: ;:,;'-':;:;~.e;'" .~~ L~!fO!t.. !~:;,.< .....:::h'_ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAil .EL DA . S WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FA URE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR t..... L1ABILI F Y KIND PON THE CO A ,ITS AGENTS OR REPRESENTATIVES, t AUTHORI ~.. .. MONROE COUNTY C/O MORRISON-KNUVSEN/GERRITS 5090 COLLEGE ROAD KEY WEST, FL 33040 ClACORD CORPORATION 199C ACORD 25-8 (7/10) At~..II.~. CERTIFICA ~ OF INSURANCE CSR EA ISSUE DATE ,MM 00 yy! CURRI-1 02/08/94 THIS CERTIFICATE IS ISSUED AS A MAHER OFINFORMA TION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PR<OOUCER' Korbreich Insurance Services (Florida), Inc. 222 Lakeview Avenue, Suite 390 West Palm Beach FL 33401 Currie Schneider Associates, AlA, PA 25 Seabreeze Avenue Delray Beach, FL 33483 COMPANIES AFFORDING COVERAGE COMPANY A Alpine Insurance Company LETTER COMPANY B APPROVED BY RISK M~N~GfMfNT LETTER , , BY . , 'L . . A '\ COMPANY C LETTER .. DATE - , COMPANY D LETTER , WA:V[R; N/A VfS COMPANY E LETTER 407-833-0044 INSURED COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HA VE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE !MM/DD/YYI DATE !MM/DD'YY) LIMITS CLAIMS MADE OCCUR. GENERAL AGGREGATE PRODUCTS-COMP/OP AGG. PERSONAL & ADV. INJURY GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OWNER'S & CONTRACTOR'S PROTo - ~B9. 10~ /,-"C>< /. ''<:"'{y~ If FE; EJ .~\ !M -~",,:-''''rl S\ ~ "':'<0(1 ;'<;;;!Jdsen : / ~.I'\ q~r3r~tos ~ o-~ IJ l 1,." <"~ .-.'1 ~ 9C-SZ vZ ~ 'V": EACH OCCURRENCE $ FIRE DAMAGE (Anyone firel $ MED. EXPENSE (Anyone person) $ AUTOMOBILE L1ABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY UMBRELLA FORM COMBINED SINGLE LIMIT $ BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ EACH OCCURRENCE $ AGGREGATE $ EXCESS LIABILITY OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS EACH ACCIDENT AND EMPLOYERS' LIABILITY DISEASE- POLICY LIMIT $ DISEASE- EACH EMPLOYEE $ OTHER A Architects E&O AEPL 2201 10/26/93 10/26/94 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Re: Big Coppit Operations of the insured Per Claim R i>{'€,l' 'to,; Risk Mgmt. & Loss Control DATE r/ -/ () - 9-9" 'i:'l3 $1,000,000 Aggregate INITIAL o^-- CERTIFICA TE HOLDER CANCELLATION Monroe County Florida c/o Morrison-Knudson-Gerrits Attn: Larry Keys 5090 College Rd. Key West, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA TION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ACORD 25-S 17190} AUTHOR~ED~ P //~ ~ ACORD CORPORA nON 1990 ( I SWORN STATEMENT PURSUANT TO SECTION 287.133(3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIXES TMIS FClIII tlJST IE SlCillED Nfl) SWRIII TO III TIlE PRESEICf Of A IIOTAlY PUBliC (It OTIlER OfFICIAL NJTIOlIZED TO ADMIIIISTEI OAT"S. 1. This sworn statement Is subntltted to m.iY\mf>... C~ of the plA)lic entity) ~..r+ 6-. Gifrl-€. I FtJF1 3nnc, pO J (print indivi6.lel's MIlle a1.d title) CurrIe a:.hnorlPr 0sscc\aJe3 11i.B- +>A- (print neme of entity subntitting sworn stateMent) I -. M'_ -,"'os. I. --A~~~!~~ ________ ~~~0C!d;l w-fJi3 and (If applicable) its Federal E~loyer Identification NUl'ber (FEIN) is ~ LL (If the entity has no FEIN, include the Social Security Nu.ber of the indivi6.lel signing this sworn state.ent: .) by for 2. I understand that a -plA)lic entity crl..- as defined in Paragraph 287.133(1)(,), Florida Statutes, ..8lW a violation of IIfYY state or federal law by a person with respect to and directly related to the trantaction of buainess with any plA)lic entity or with an agency or political subdivision of IIfYY other atate or of the united States, Includi"" but not I I.i ted to, IIfYY bid or contract for tooda or ..rvi~ to be provided to any ~lic entity or an agency or political subdivision of IIfYY other state or of the united States and Involving antitrUlt, fraud, theft, bribery, collUlion, racketeer Ii'll. corwpirecy, or _terial .isrepresentation. 3. I understand that -convicted- or -conviction- as defined in Pare,raph 287.133(1Hb), ~ Statutes, ..... a finding of guilt or a conviction of a ~lic entity cd.., with or without an adJudlcatfon of guilt. In any federal or .tate trial court of record relatil'll to charges brOUlht ~ Indlct.....t or Info,...tion after July 1, 1989, as a result of a Jury verdict, nonJury trial, or antry of . plea of guilty or nolo contendere. I understand that an -.ffillate- as defined in P.ragraph 287.133(1)(a), Florida Statutes, ..ana: 4. 1. A prectec...or or successor of a person convicted of a plA)llc entity crl..: or 2. An entity under the control of any natural person who II active in the .enegeMent of the entity and who hIS been convicted of a ~l ic entity cri... The tem -affll iate- includes those officers, directors, executives, partners, shareholders, ~loyees, IIlIIlIbers, and ..ents who are active In the .."....."t of an affiliate. The ownership by one person of hares constituting a control I Ii'll Interest In another person, or pooling of ecfJlpaent or Inc.. ...... perSON when not for f.ir .rket vatUll I~r ." .""s l'!l'lgth agr"""'"t, shall b'!I a prhw feel'! rlls" o:"-t "..-. person control. another person. A person who knowingly enters into a Joint venture with a person who has been convicted of a plA)1 ic entity cri.. in Florida dud", the precedi", 36 MOnths shall be C0l'151dared an affiliate. 5. I understand that a -,erson- as defined in Paragraph 287.133(1)(e), Florida Statutes, ..ans IIfYY natural person or entity organized under the laws of any state or of the united States with the legal power to enter Into a bindi", 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 bUliness with a public entity. The tenl "person- includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on inforlllltion and bel ief, the statement which I have I118rked below is true in relat ion to the entity subMitting this sworn statement. (Indicate which statement applies.) ~~ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, .embers, 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 crllle s\.bs~t to July 1, 1989. ~~ The entity submitting this sworn stltement, or one or MOre of its officers, directors, executives, partners, shlreholders, employees, ..mbers, or Igents who Ire active in the ..nagement of the entity, nor an affililte of the entity hiS been charged with and convicted of I public entity crime subsequent to July 1, 1989. ~tr~ The entity s~itting this sworn stltement, or one or MOre of its officers, directors, executives, partners, shlreholders, employees, Members, or agents who Ire active in the ..nage.ent of the entity, or an Iffilllte of the entity hiS been chlrged with and convicted of a pblie entity erllllt SlD~t to July 1, 1989. However, there has been a slbsequent proceeding before a Helrlng Officer of the State of Florida, Division of Administrative Hearings and the final Order entered by the Helring Officer detenained thlt it WIS not in the pblic interest to plac. the entity subMitting this sworn state.ent on the convicted vendor list. (attlch I copy of the final order) I UllDERSTAN:> 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 CALEIIOAR YEAR IN WHICH IT IS FILEO. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOI TO EIITERING INTO A COIlTRACT IN EXCESS OF THE THRESHOLD AMOUIIT PROVIDED III SECTION 287.017, FLORIDA STAMES fOl CATEGORY TWO Of ANY CHANGE III THE IIIFORMATlON COIlTAlllED IN THIS FORM. N~.) , --c --' Sworn to and s~cribed before lilt this ..5 E"'ll'l~ ~ ~e. V 01 pr-..c.I identification day of ~J')H'lf7 f ' 19~. ~~ Mota,.., P\bUc . State of ~0A My C~ission expires I ';;Ll ~o 11c:;, ~'-{ T- SH01t (Printed, typed or st8lllped c~is.loned ~ of 1I0tary Public) (Type of identification) /'-- HIU'r :::HU ~ i r( Not~ 5T A TE or FLO~';i)A \PUbli~ )~IY C<.mrn :- ."l') :7' :ry: ,--,,' - W.~,,'~ :,:;~~.I. .:.' for. PUa 7068(Rev. 06/11/92) . ~.JM~. ~ ~.