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05/22/1996 Agreement BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 _annp 1... Jt',lbagt CLERK OF mE CIRCUIT COURT MONROE COUNTY SOO WHITEHEAD STF~T KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 85~-7146 MEMORA]~DUM TO: Dent Pierce Director of Public Works FROM: "f Attention: Cindy Ruth Ann Jantzen, Deputy Clerk .,,~. June 6, 1996 DATE: -------------------------:r----------------------------------..--________________________________________________________ t I On May 22, .1996, the Board of County Commissioners granted approval and authorized execution of a contract between MOlllroe County and Bender & Associates Architects, P.A.,to provide professional services at the Old Navy Commissary Building in Key West. . Enclosed please find a fully executed duplicate original of the above Contract for return to Bender & Associates. H you have any questions on the above, please do not hesitate to contact this office. cc: County Attorney Finance County Administrator, w/o document File CONTRACT FOR ARCHITECTURAL SERVICES BETWEEN OWNER AND ARCHITECT 1996 EDITION These contract documents should be used only after consultation with counsel. The documents are not intended as legal advice appropriate to any specific situation, nor do they purport to address all issues which may arise between the contracting parties. The documents should be amended or supplemented where appropriate. This CONTRACT FOR ARCHITECTURAL SERVICES BETWEEN OWNER AND ARCHITECT (the "Contract") is made and entered into by MONROE COUNTY, BOARD OF COUNTY COMMISSIONERS (the "Owner") and Bender & Associates Architects, P.A. (the" Architect"). This Contract is executed under seal and shall be effective on the date executed by the last party to execute it. The architectural services required by this Contract are to be rendered for a construction project identified as the Project, described as follows: Building analysis and report for existing commissary facility to include structural, mechanical, electrical, hazardous material, and roof analysis. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Owner and the Architect agree: .." ..- . f"Tl CJ .'-n c~) .:] FORM OF AGREEMENT ARTICLE I 1.1 REPRESENTATIONS AND WARRANTIES By executing this Contract, the Architect makes the following express representations and warranties to the Owner: 1.1.1 The Architect is professionally qualified to act as the architect for the Project and is licensed to practice architecture by all public entities having jurisdiction over the Architect and the Project; 1.1.2 The Architect shall maintain all necessary licenses, permits or other authorizations necessary to act as architect for the Project until the Architect's duties thereunder have been fully satisfied; 1.1.3 The Architect has become familiar with the Project site and the local conditions under which the report is to be completed. 1.1.4 The Architect shall prepare all report documents required by this Contract, in such a manner that they shall be accurate, coordinated, and shall be in conformity and comply with all applicable law, codes and regulations. The Architect warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project; 1.1.5 The Architect assumes full responsibility to the Owner for the improper acts and omissions of its consultants or others employed or retained by the Architect in connection with the Project; 1.1.6 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The Architect shall submit, for the Owner's and Construction Manager's information, a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds if approved by the Owner, and shall include allowances for periods of time required for the Owner's and Construction Manager's review, and for approval of submission by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner may not be exceeded by the Architect except for delay caused by events not within the control of the Architect or foreseeable by him. 2 ARTICLE II SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.4, and any other services identified as part of Basic Services, and include normal structural, mechanical and electrical engineering services. 2.1.2 Analysis of structural systems and architectural relationships for the proposed office use shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary to determine feasibility of the project. This analyses shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. 2.2 REPORTING PHASE 2.2.1 The Architect shall review the program and, schedule and furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall review with the Owner and Construction Manager: proposed site use and improvements, required permits and zoning. 2.2.3 The Architect shall review with the Owner and Construction Manager alternative approaches for the use of the building. 2.2.4 The Architect shall provide estimates of anticipated costs, and other documents for the Owner's approval and the Construction Manager's information for the use of the building. 2.3 DEVELOPMENTjDOCUMENT PHASE 2.3.1 At intervals mutually agreeable to the Owner, Construction Manager and Architect, the Architect shall provide reports and analyses and other documents which depict the current status for the Owner's review and the Construction Manager's information. The Architect shall provide an estimate of anticipated cost in accordance with the report document. 3 2.3.2 Upon completion of the Development Phase, the Architect shall provide reports and analyses, and other documents for the Owner's approval and the Construction Manager's information. 2.4 FINAL DOCUMENTS PHASE 2.4.1 The Architect shall provide a report for the Owner's and the Construction Manager's review. 2.4.2 The Architect's report will conform to all codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement. 4 ARTICLE III 3.1 GENERAL 3.1.1 The services described in this Article III are not included in Basic Services. They shall be paid for by the Owner as provided in this agreement as an addition to the compensation paid for the Basic Services but only if approved by the Owner before commencement. 3.2 OPTIONAL ADDITIONAL SERVICES 3.2.1 Providing detailed quantity surveys or inventories of material and equipment. 3.2.2 Providing analyses of owning and operating costs. 3.2.3 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 5 ARTICLE IV OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information regarding requirements for the .Project. 4.2 The Owner shall designate the Construction Manager to act on the Owner's behalf with respects to the Project. The Owner or Construction Manager shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements, and adjoining property and structures; adjacent drainage; rights-of- way; restrictions, easements, encroachments, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 4.4 The Owner shall furnish the Architect copies of written communications. 4.5 The Owner's review of any documents prepared by the Architect or its consultants shall be solely for the purpose of determining whether such documents are generally consistent with the Owner's Criteria, as, and if, modified. No review of such documents shall relieve the Architect of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 6 ARTICLE V 5.1 INDEMNITY 5.1.1 The Architect shall indemnify and hold harmless the Owner from and against all liability, claims, loss, costs and expense arising out of, or resulting from, the services of the Architect. In the event the Owner is alleged to be liable on account of alleged acts or omissions, or both, of the Architect, the Architect shall defend such allegations through counsel chosen by the Architect or Architect's insurance carrier and the Architect shall bear all costs, fees and expenses of such defense, including but not limited to, attorney's fees and expenses, court costs, and expert witness fees and expenses, as determined by the courts. 7 ARTICLE VI 6.1 PERSONNEL 6.1.1 The Architect shall assign only qualified personnel to perform any service concerning the Project. At the time of execution of this Contract, the parties anticipate that the following named individuals will perform those functions as indicated: Name Function Bert L. Bender William L. Rowan Leslie A. Johnson Barbara K. Arthur Principal-in-Charge Project Architect Interior Design Administrative So long as the individuals named above remain actively employed or retained by the Architect, they shall perform the functions indicated next to their names. 8 ARTICLE VII 7.1 PAYMENTS 7.1.1 For its assumption and performance of the duties, obligations and responsibilities set forth herein, the Architect shall be paid monthly, not to exceed the percentages shown in Paragraph B.l.l.A. (A) The Architect shall be paid for those services required by this Contract the sum of forty two thousand Dollars ($42,000.00); (B) For the performance of the optional additional services and contingent additional services described in Article III of this contract, provided same are first authorized in writing by the Owner, the Architect shall be paid hourly at the following rates: Bert Bender - $125.00 per hour; Charles Roy - $90.00 per hour; William Rowan - $90.00 per hour; John Daniels - $90.00 per hour, and Leslie Johnson - $65.00 per hour. (C) If the Architect's duties, obligations and responsibilities are materially changed through no fault of the Architect after execution of this Contract, compensation due to the Architect shall be equitably adjusted, either upward or downward; (D) As a condition precedent for any payment due under this Contract, the Architect shall submit monthly, unless otherwise agreed in writing by the Owner, an invoice to the Owner ~equesting payment for services properly rendered and reimbursable expenses due hereunder. The Architect's invoice shall describe with reasonable particularity the service rendered. The Architect's invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought as the Owner may require. 7.1.2 This project is a feasibility report for potential ownership. Should the owner (Monroe County) find at anytime that ownership will not occur, then the Architect will be notified and this contract will be terminated immediately. The Architect will be paid a percentage applicable to work complete at time of no tific a tion. 7.2 REIMBURSABLE EXPENSES 7.2.1 Reimbursable expenses include expenses incurred by the Architect in the interest of the Project, but only to the extent and in the amounts authorized by 9 Section 112.061, Florida Statutes. Reimbursable expenses are limited to $2,500.00. Any expenSes in excess of $2,500.00 must be approved by the county in advance: a. Expense of transportation and living expenses in connection with out-of-county travel authorized by the Owner, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Fees paid for securing approval of authorities having jurisdiction over the Project; c. Reproductions (beyond one master set and 2 copies of the final report, the master set and 2 copies of the final report are to be included in the $2,500.00 limit). d. Postage and handling of Drawings and Specifications; e. Renderings and Models requested by the Owner. 10 ARTICLE VIII 8.1 APPLICABLE LAW 8.1.1 This Contract is governed by the laws of the State of Florida. Venue for any litigation arising under this Contract must be in Monroe County, Florida. ARTICLE IX 9.1 SUCCESSORS AND ASSIGNS 9.1.1 The Architect shall not assign its rights hereunder, excepting its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the Owner. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 11 ARTICLE X 10.1 NO THIRD PARTY BENEFICIARIES 10.1.1 Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. ARTICLE XI 11.1 INSURANCE 11.1.1 The Architect shall obtain insurance as specified in the attached Exhibit A and maintain the required insurance at all times this Contract is in effect. Errors and Omissions Insurance shall also be maintained for a period of two years after final completion of the project. 11.1.2 The coverage provided herein shall contain an endorsement providing sixty (60) days notice to the Owner prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the Owner and shall be in a form acceptable to the Owner. 12 ARTICLE XII TERMINATION 12.1 Either party hereto may terminate this Contract upon giving seven (7) days' written notice to the other in the event that such other party substantially fails to perform its material obligations set forth herein. ARTICLE XIII ENTIRE AGREEMENT 13.1 This Contract constitutes of the form of agreement (Articles I - XV), the exhibits that are attached and made a part of the Contract, and the documents referred to in the form of agreement as a part of this Contract. In the event any conflict between any of those Contract documents, the one imposing the greater burden on the Architect will control. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative this ,}:J day of 1996. ~ ) ~ DANNY L. KOLHAGE, Clerk BENDER & ASSOCIATES ARCHITECTS, P.A. ~H~~ Deputy Cle By: Title: Date: f/1()A}CJPkt, /PIZE~r{')tN(/ S---J/-ej/J (SEAL) Attest: By: Title: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By:c:S~~-F~ Mayor / Chairman 13 EXHIBIT A April 22, 1993 1 st Printing MONROE COUNTY, FLORIDA INSURANCE GUIDE TO CONTRACT ADMINISTRATION General Insurance Requirements for Contractors and Subcontractors Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of 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 commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. 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 Contractor 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, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: · Certificate of Insurance or · A certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, nonrenewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. Admin istrative Instruction #4709.1 GEN_C&S.DOC April 22, 1993 1 st Printing The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County-owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. Administrative Instruction #4709.1 GEN_C&S.DOC April 22, 1993 1 st Printing WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT OLD NAVY COMMISSARY BETWEEN MONROE COUNTY, FLORIDA AND BENDER & ASSOCIATES ARCHITECTS, P.A. Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the State of Florida and the company or companies must maintain a minimum rating of A-VI, as assigned by the A.M. Best Company. If the Contractor has been approved by Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the contractor may be required to submit updated financial statements from the fund upon request from the County. Admin istrative Instruction #4709.1 WC1 WRK_COMP.DOC April 22, 1993 1 st Printing GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT OLD NAVY COMMISSARY BETWEEN MONROE COUNTY, FLORIDA AND BENDER & ASSOCIATES ARCHITECTS, INC. Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: · Premises Operation · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability · Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Admin istrative Instruction #4709.1 GL1 GEN_LIAB.DOC :\::\i: AtDttlllt. CA~~ERNATIONAL, INC. LEIGH W. MCCREARY 6161 BLUE LAGOON DR SUITE 420 MIAMI FL 33126 1111.111.llllslIIlll~~ISSUEDATE~MmDNy) 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. COMPANIES AFFORDING COVERAGE Leigh W. McCreary 266-9954 COMPANY A WESTERN WORLD INSURANCE CO. LEITER INSURED COMPANY B FLORIDA RETAIL FEDERATION LEITER COMPANY C LEITER BENDER & ASSOCIATES ARCHITECTS 720 CAROLINE STREET KEY WEST FL 33040 COMPANY D LEITER COMPANY E LEITER 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 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 BYP AID CLAIMS. CO. LTR TYPE OF INSURANCE POLICY NUMBER : POLICY EFFECTIVE POLICY EXPIRATION : DATE (MMIDDIYY) DATE (MMIDDIYY) : LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY NGL08677 CLAIMS MADE: X : OCCUR. OWNER'S & CONTRACTOR'S PROTo 10/25/95 10/25/96 GENERAL AGGREGA TE$ .?99. '. 999. PRODUCTS-COMP/OP AGG. $ 500, 000 ..... .... ... .... ........ ...... PERSONAL&ADV. INJURY . .~.~99.,.9.~9 EACH OCCURRENCE $ 500, 000 . . .......... '.. ..... FIRE DAMAGE (Anyone fire) $~9.,99q MED. EXPENSE (Anyone person) $ 1,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY APPROVED BY R'S~~ MANt\GfMENT 8Y__~~ ~~ 'lATE __ , - '3 -?? BODILY INJURY (Per person) B WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY 0520-15056 01/01/96 12/31/96 BODILY INJURY (Per accident) \4/lliVER: N/A ~ : YES PROPERTY DAMAGE EACH OCCURRENCE UMBRELLA FORM OTHER THAN UMBRELLA FORM $ DISEASE-POLICY LIMIT $ 500, 000 ... '..... ... ,-..... DISEASE-EACH EMPLOYEE $ 100,000 OTHER DESCRIPTION OF OPERA TIONSILOCA TIONSlVEmCLES/sPECIAL ITEMS :::qlt.t(j_~lqA.JtQt:J)#t( <:::)'><>>:}))/)}}:<>}<>}:::<<\).:-:-U:-:-:<:UU:-:-U:-:-:-:-U/\/<:q~e~lft~'ft9NU<<<:>::::<::::::::::-:::"""" SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILLENDEAVOR TO MAIL~ DAYS WRIITEN 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. BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, PURCHASING DEPT PUBLIC SERVICE BUILDING 5100 COLLEGE ROAD , CROSS WNG002 KEY WEST FL 33040 ::}: AUTHORIZED REPRESENTATI ':~q9~tK~$$J7ill./{H}:.><: ..,...............,....... ....... '............ -............................. -........... ... ......................,..........'................"........ ,_...... ..................... .......-..................................................................................................................................................,&.............. ... ... ...................... ..... ......". -,. -,....... ......... . .. '... \\ .b.~.i..9.h......W.~.....M.9G.r.~.~r. .'. .. . VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT OLD NAVY COMMISSARY BETWEEN MONROE COUNTY, FLORIDA AND BENDER & ASSOCIATES ARCHITECTS, INC. Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: · Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $100,000 Combined single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Administrative Instruction #4709.1 VL1 VEH-LIAB.DOC 06/03/96 10:45 FAX 1+305 296 2727 BENDER ASSOC FAX NO. 305 295 4321 laJ 002 P. 2 JUN- 3-96 MON 11:29 AM ENGIMCCM RMtJIutiOtl #191-1993 AprII22. 1093 .tt ptlr61g MONROE COUNTY. FLORIDA Requ..t For Waive, of Insurance Requirements It IS requested that the insurance requlrernentsr as spaciIIed in the County's Schedu&e of Insurance Requirements. bA waived or modified on the foIowing contlact Arehiteet Bender & .A9!w.riates Archltscl9. P.A. Contract for: Old Navy Commissary 720 CaroJjne StrMt Key \Nest FL 33tMO Address of ArcNteCt Phone: 29&-1347 Building AnalYsts and RepoIt for the Old Navy cornmiMary Scope of VJark: Risk Management Date: The BOCC ha. no fin8nclaI interest in the vehicle. nor are they lusing tho ~~ cannot be 11s~!!. as an additional insured. ~. ___ NolAppl'oYed ~7a&9 Reason for waIVer; SIgnature of Contractor: County Admlnlstrator appeel: Approved Not Approved Date: Board of County Commissioneta appeat: ADproved Not Approved Meeting Date: Administrlttive IMtrvct10n '-708- 1 WAIV _ReQ.bOO 06/03/96 10:31 TX/RX NO..3256 P.002 . ;Prudentlal ~ Prudent.:r' Property and Casualtv Insurar' 'Company 11111~11111111111111111111111111I11" 1111 A'Subsidiary of The Prudential Insurance Company of America Car PQlicy Renewal Declarations Policy Number: 39 4A6S2282' Agency Dat~ 753449 5 CGAB 806 d,)) ,1()27 . :. ~lh~ll L ~ . F L 322 32 nt Services -;00-437 5556 I r 11 Narned Insured and P.O. Address Bender Nancy G Dba Bender & Associates Arcitects PA 619 Elizabeth Street Key West FL 33040-6874 4 3 ./ .. 3 5 3 5 This. policy period covers 6 months,. from 06/03/96 to 12/03/96, 12:01 A.M. at place of garaging. ~ed below are names and birth dates of licensed drivers resident in your household. 'cnaer Nancy Groff 09/16/50 2 Bender Bert Lesl ie 07/30/47 - - :cd below are the cars covered by your policy. (EAP MAKE MODEL BODY TYPE VEHICLE 10 NUMBER TERRITORY SYMBOL CLASS CODE 1994 1992 Mitsubishi Expo Wag 4X2 Mitsubishi Eel ipse G Hchbk 3D JA3ED59G9RZ017684 4A3CS54U7NE099294 036 036 C J 711120 811220 -- :cd below and with i n "Important Messages", are your po lie y cov~rages, I i m i ts , and premiums. - . premium charge does not appear, that coverage is not provided. .'~F~AGE~ LIMITS PREMIUMS Car 1 Car 2 y i nJ U r y S 90 S 102 ,j c h Person $ 100,000 ; f: ri ^ cident S 300,000 ,..... ;.; c r- t Y' Dama.ge S 45 S 50 ch Accident S 50,000 ured I~otor i s ts S 83 S 83 i j y I nj u r y (Jch ~erson S 100,000 _. ,~ C il Accident S 300,000 ~jury Protection S 27 S 35 j t......J ~JuctiDlc - S 250 S 86 S 114 . ," hen:~ j ve . ,,'- t. ~ :.' j e - $ 250 S 43 S. 71 ~50 Each Disablement S 3 S 3 ------ ------ D F~ t /.\ I U M PER CAR $ 377 S 458 :J 0 L cy PREMIUM S 835 811 C:, rr, 1/0(') PAGE 1 OF 2 AE1~-()n~7C!(\ l ,. Po 1 icy Number 39 4A652282 Your pol icy is mad~ up of your appl ication,:,your most recent Declarations, and the forms and endorsements listed below. Forms and endorsements being made part of your pol icy with this transaction are provided in separate booklets or are indexed and reproduced on pages which follow. FORM NUMBER EDITION DATE POLICY FORMS AND MANDATORY ENDORSEMENTS PAC 186 4/86 Car Pol icy, Parts 1, 2, and 3 Appl icable policy parts are those for which a premium charge is shown in the Declarations. Florida Special State Provisions Car Pol icy, Parts 4, 6, and 7 Appl icable policy parts are those for which a premium charge is shown in the Declarations. PAC 226 FL PAC 190/FL 05/92 4/87 OTHER CHARGES & CREDITS The Deluxe Package Discount appl ies to your policy. The Multi-Car Discount applies to your policy. A Sa f e t y Dev ice 0 i scount app lies to Car (s) 1, 2. An Anti-Lock Brake Discount appl ies to Car(s) 2. Listed below are the Loss Payees/Additional Interests present on the pol icy. CAR 2 Barnett Bank 1010 Kennedy Dr Key West FL 33040 Listed below are Important Messages about your pol icy. Per sona 1 I nj ury Protect,i on Option I IMPORTANT: Your pol icy premium may have changed due to rating by make and model of car. Please check the vehicle description shown. Your pol icy is free of any accident, conviction or inexperienced driver surcharge. The "Stacking" referred to in PAC 4/FL, UNINSURED MOTORISTS, appl ies to all cars 1 isted on the pol icy. THE COMPANY MUST RECEIVE COVERAGE TO CONTINUE. BY YOUR BANK. your YOUR PREMIUM PAYMENT BY THE EFFECTIVE DATE OF YOUR RENEWAL FOR YOUR ,CHECK OR MONEY-ORDER WILL NOT BE DEEMED PAYMENT UNLESS HONORED A G DRINKWATER AGENT, PAC 681 ED. 1/90 PAGE 2 ,OF 2 960603960501 April 22, 1993 1 st Printing ARCHITECTS ERRORS AND OMISSIONS LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT OLD NAVY COMMISSARY BETWEEN MONROE COUNTY, FLORIDA AND BENDER & ASSOCIATES ARCHITECTS, INC. Recognizing that the work governed by this contract involves the furnishing of architectural services, the Contractor shall purchase and maintain, throughout the life of the contract, Architects Errors and Omissions Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be: $250,000 per Occurrence/$500,000 Aggregate Administrative Instruction #4709.1 AE01 ARC_E&O.DOC .' ZOO.d L61C.ON Xli/X! vZ:LO 96/6Z/S0 ._ ... ,__~ !_. _ 2 ~ 0 - 39 t:f ~ -, t:f .L 0 .L * * ~~~:-Ci~~~:~;:!'::':~':'.":' Capital Assurance Services~ Inc.. 2700 Westha11 Lane~ suite 210 Maitland, FL 32751-7299 Agen.t CHI'. .Int;e:rJUlt:iona~ 6161 B~ue. Lagoon Dr1.ve~ Ste. 420 Miami, FL 33126 .NSIJRED :~A Steadfast Insurance Company "i~VB Bender & A.ssoc. Architects P.A. 720 Caroliue Street Key West, FL 33040 '~~vc ~:,Y D ; COMPANY E , LETTE:R ~_"':', ; ;'~d:~jL:..j:j~,..~:!':~2:-:- :, ,. ..::_~:..~ _,:i~, ,._:~ ~.,' . _;'n ~.:~.,~" _~",~~.::.~:;, ..., "..;::::2t THiS IS TO CERTFY THAT THE POLICIES OF 'NSURANCE USTED BELOW ttAVE aeeN lSSUED ,0 ,HE INSURED MAUEO ABOVE FOR THE POLiCY PERIOD INDICATED. NOlWJlHSTAND&NG ANY ReQUIREMENT. TERM OR CONDITIOft OF ANY CONTRACT OR OTHER DOCUMI!fllT WITH Rt!SPECT TO WHICH THIS CERTlACA'fE MAY BE ISSUED OR MAY PERTAIN. THe: INSURANCE AFFORDED BY THe POUOIES D&SCRJBED HeAelNJS suBJecT TO ALL. THE TERMS, EXCLUSlONS AND CONOmoN8 OF SUCH POLlClES- uurra SHOWN MAY HAVE BEeN REDUCl!D BV PAID CLAl~S. .. '.,...~""'--'''" . .-... . . ,. .... ."'...-.....-. ...... . . 00- :nt TYPE OF INSUJlAIICE POL.lC'I MU..... ~ POLICY EFF&CnW. :POUCY DPtRATJOtf , DAft(UMlOOlVV) '; DA.TE {MMIDDIYY) UMlTS '.-; ...".. : GEMElW. UAaJTY COUMeACIAL, G~NEAAl. UABlUTY . . .,._, .'_..__._~, CLAlMS UADE, . OCCUR. O\fINER.S 5. CON'f'Ib\CTOR'S MOT~ , GEiMERAL AGtlR&GATI! $ , PRODUCT~PIOP AGG- $ ". i. I . I .' ....... ... ': p~~,~..~~:, lNJURY ,$ EAOti OCCURRENCE : $ . .,......... ... . . ~ ..,<.. .';....,;. ,. . .. . RAE DAMAGE (Any OM tIN) : $ . ..... . .. ".,. ,..' , .. . '. . MIJ), E)CPI!NSE (/WI 0f1D pet8Oft) $ : AUTOIIOIOLE UA8lUTY AHY .AUto AU. OWNED AUTOS , 9(';HSDULED AUT06 ~ AuTOS , NON-OWNED AUTOS , GARAGe UABIUTY APPROVED BY RlSY, Mr,~'~~fJ\~~~n {) ~ ~ O~~/,(/& BY ~.-' _ ~ O.elcP/N/k. DATE t S /~ . : ~ED SlNGLE ; uUIT ,: $ BODILY IN.JUAY : (Pet per&OIl) s , 8QD1l.Y INJURY , (PM acddent) :, Wf-\tVER: N/A /' YES PAOPSRTY DAMAGE s ~ ~ EACH,,~~&tlCE ; AGGREGATE $ I!XCIiSS L.IA8IUTY UUBRB-LA FORM OTtER THAN lJIIABREU.A R)RM $ . .,.... . ,a" .,', .." . ...-..... ...-.. .......... '..~' . . I .. ... - . . ' WORUJI'$ COIIPI!JISAnort .AN8 EIIPt.O~ UA8lUTY STATUTORY UMITS "; ~.._..._..... ..,.. ... \ \.\. , JY\CH ACCIDeNT $ . .... I ."", I........ "" '.' " OISEASE-POLJCY LIMIT $ . ........... . ... ' . 'u" ._...". . " . DlSEASE-SACH EMPLOYEE, $ A:O~ Professional Liability EOC 794721-02 : 1-5-96 1-5--97 $l,OOO~OOO Eaeh C1a~ $l~OOO,OOO Aggregate ($10~OOO Ded/C1a1m) DIi8CRIP1'lON Ofi OPMATIOII8II.OCA- m!tI8 1'HIS IS A CLAIHS !fADE POLICY. COVERAGE APPLIES ONLY TO THOSE CLAIM.S WHICH FIR.ST OCCUR AND ARE FIRST REPORTED TO THE COMPANY DURING THE POLrCY TlmM. ~.~l_j'@.--',,::,: ':",".___ ." -'-_"___':-";"~__ .,: ~~f'" . "" "-",.. Board of County CCJmIIIi.ssioners M.onroe Couniy SHOULD AMY OF THE ABOVE DE$CRlBE.O POUClES BE CANCELLED aeFOAE THE % construct:ion HaDagem.ent EXPJR4TJON DATE THEREOFJ "tHE ISSUING CC*PANY WIl.l ENDEAVOR TO 5100 Co1.1.ege 'Road . . r- MAIL ~ DAYS wRITTEN NOTICE TO THE CERTU"lO....TE HOLDeR NAMED TO 1"He Key West * :FL 33040 LEFT. T ~AILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGAnON oR OF ANY K'ND U THE COMPANY. ITS AGENTS OR AEPRESENTATlve:S- , . i.'. I ... ~T1OII"1_ 200-39t:jd 3JN~~nss~ l~ild~J WO~~ L 1 : 8 96, 62 )..,l:tW EXHIBIT B 2 Bender & Associates May 9, 1996 L:} '0 ~~\ j\ II I rc T~ r['l .~ - '.' p.il. Mr. William A. Bibo, AlA Construction Manager Monroe County 51 00 College Road Key West, FL 33040 Re: Building Analysis and Report for Existing Commissary Building Architectural Fees Dear Bill: We are pleased to have been selected as the architect for the Existing Conditions Analysis of the Navy Commissary in Key West and look forward to working with you again. As outlined in our proposal, the report will include drawings of existing conditions which will be used for analyzing the structural systems and architectural space relationships for the proposed office use. The report will analyze existing architectural elements on an item-by-item basis, analyze the building's history, adaptive re-use potential, structural, mechanical, plumbing and electrical systems, and provide cost analysis to determine the project's feasibility . Testing will include environmental hazards and materials testing required for structural analysis. Based on our proposal and the above, professional fees are established by estimating our time and multiplying by our standard hourly rates. Currently, our hourly rates vary from $50 to $125 per hour. Administrative Support is billed at $50/hour, Staff Architects @ $90/hour, Interior Designer/Draftsman at $60/hour, and Principal at $125/hour. Program Meeting w/Client: 2 hours @ $125/hour, 2 hours @ $90/hour $ 430 Field measurements for two floor plans, two building sections, and four elevations (2 men, 1-1/2 days) 24 man hours @ $75/hour average 1 ,800 Drawings: 7 sheets, total 84 man hours @ $75/hour average 4 @ 16 hours/sheet (Site Plan, Existing Floor Plans, Sections, Elevations) 3 @ 1 2 hours/sheet (Historic Floor Plans, Elevations, Sections) 6,300 Coordination: 8 hours @ $90/hour 720 Schematic Analysis for Proposed Use: 24 hours @ $90/hour 2, 160 Subtotal $11 ,41 0 720 Caroline Street Key West, Florida 33040 Telephone (305) 296-1347 Facsimile (305) 296-2727 Florida License AAC002022 Mr. William A. Bibo, AlA Page Two May 9, 1996 Re: Existing Commissary Building Report: Research: 16 hours @ $50/hour Field Analysis/Photos: 24 hours @ $125/hour First Draft Report: 60 hours @ $125/hour Administrative Support: 24 hours @ $50/hour $ 800 3,000 7,500 1 ,200 Subtotal $12,500 Consultants: H.W. Keister (Structural) Healey & Associates (MPE) EE&G (Environmental) PSI (Materials Testing) Elevation Certificate Coordination Subtotal $ 5,040 4,500 1 ,930 4,880 200 1,650 $18,200 Final Report: Review & Incorporate Review Comments 24 hours @ $125/hour Finalize Recommendations: 4 hours @ $125/hour Administrative Support: 16 hours @ $50/hour $ 3,000 500 800 Subtotal $ 4,300 Total Professional Fees: $46,410 Based on the above, a fee of $46,410 is appropriate. However, I am offering a professional courtesy discount of $4,410 and propose a lumosum f88 of $42,000. Additionally, we would bill our direct cost for travel, lodging and printing expenses. We do not bill meals or long distance phone calls and I anticipate reimbursable expenses will be on the order of $2,500 with $1500 of that for photographic and reproduction costs. I suggest that the contract cap the fee at the budgeted $50,000 including all reimbursable expenses. We would consider reducing the cap if it allows for leeway to cover reimbursable expenses. I trust this proposal will meet with your approval. A copy of our proposed tests is attached for your reference. Please feel free to call if you have any questions. #'& Bert L. Bender Architect BLB:bka Enclosure JUN- 3-86 MON 11:28 AM ENG/1{CCM FAX NO. 305 285 4321 P. 2 Resolution #191-1993 April 22. 1993 1 ~t Printing MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements. be waIved or mOdified on the following contract: Architect Bender & Associates Architects, P -A. Contract for: Address of Architect Old Navy Commissary 720 CaroJjne Street Key West, FL 33040 Phone: 296-1347 Scope of Work: Building Analysis and Report for the Old Navy Commissary Reason for Waiver: Signature of Contractor: The BOCC has no financial interest in the vehicle. nor are they leasing the C cannot be listed as an additionaJ insured. Risk Management ~Ps>'OVed ,X Not Approved ~ r)5' , \ ,,\ / '}'1 ' .. lfj~1Z~~ (, ,. ~t I d .-~. -I&' /1 V - Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: ApprOVed Not Approved Meeting Date: Administrative InstNction tf.4709.1 WAIV_REQ.OOC 06/03/96 10:31 TXjRX NO.3256 P.002 .