03/19/1997 Agreement
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARA maN, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNlY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
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BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
FROM:
TO: Dent Pierce
Director of Public Works
Ruth Ann Jantzen, Deputy Clerk ,/ZL1/.
DATE:
April 6, 1998
------------------------------------------------------------------------------------------------------------------------
On March 19, 1997, the Board of County Commissioners granted approval and
authorized execution of a Contract between Monroe County and Bender & Associates
Architects, P.A.,for architectural services at the Old Navy Commissary Building
in Key West, in the amount of $380,OOO.OO,subject to Monroe County securing title
to the building and property from the Navy.
Enclosed please find two fully executed duplicate originals of the above contract;
one for return to Bender & Associates, and one for your files.
If you have any questions on the above, please do not hesitate to contact
this office.
CC: County Attorney
Finallce
County Administrator, wlo document
File
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MEMORANDUM
DATE:
March 3D, 1998
TO:
FROM:
Danny Kolhage
Clerk of the Courts
Rob Wolfe ~ )
Assistant County AHoma Vt./
RE:
Commissary Building
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Navy has made previous written representations concerning its intent to deed the
Commissary building to the County. In view of that, the Administration has determined that
the license represents a sufficient commitment by the Navy to turn over ownership of the
Commissary to the County. Given such a determination by the Administration, there is both
a County interest in the premises, together with fee simple ownership expectation)sufficient
to allow the expenditure of funds for the soft (Le., design) costs necessary before the actual
reconstruction of the Commissary may begin.
If you have any questions, please call.
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CONTRACT FOR
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1997 EDITION
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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
a ppropria te.
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:
Gato Building Renovations.
NOW, THEREFORE, in consideration of the mutual promises, covenants
and agreements stated herein, and for other good and valuable consideration, the
sufficiency of which is hereby acknowledged, the Owner and the Architect agree:
FORM Or AGREEMENT
ARTICLE I
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Contract, the Architect makes the following express
representations and warranties to the Owner:
1.1.1 The Architect is professionally qualified to act as the architect for the
Project and is licensed to practice architecture by all public entities having
jurisdiction over the Architect and the Project;
1.1.2 The Architect shall maintain all necessary licenses, permits or other
authorizations necessary to act as architect for the Project until the Architect's
duties thereunder have been fully satisfied;
1.1.3 The Architect has become familiar with the Project site and the local
conditions under which the Project is to be designed, constructed, and operated;
1.1.4 The Architect shall prepare all documents required by this Contract
including, but not limited to, all contract plans and specifications, in such a
manner that they shall be accurate, coordinated and adequate for construction
and shall be in conformity and comply with all applicable law, codes and
regulations. The Architect warrants that the documents prepared as a part of
this Contract will be adequate and sufficient to accomplish the purposes of the
Project;
1.1.5 The Architect assumes full responsibility to the extent allowed by law
with regards to his performance and those directly under his employ as Architect
of Record.
1.1.6 The Architect's services shall be performed as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work.
The Architect shall submit, for the Owner's and Construction Manager's
information, a schedule for the performance of the Architect's services which
may be adjusted as the Project proceeds if approved by the Owner, and shall
include allowances for periods of time required for the Owner's and
Construction Manager's review, and for approval of submission by authorities
having jurisdiction over the Project. Time limits established by this schedule and
approved by the Owner may not be exceeded by the Architect except for delay
caused by events not within the control of the Architect or foreseeable by him. In
the event the Architect does not conform to the schedule, then the Architect may
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be assessed a charge up to one percent (1 %) of the fee per week until the work
product is produced in an acceptable manner. The penalty shall apply only to
the completion of documents required for bidding, said date being met with the
delivery of one final set to the Owner. The Owner shall assess the charge only
after it is determined that the work delay is solely the fault of the Architect and
his subconsultants and is not the fault of the owner or other parties not under the
control of the Architect.
ARTICLE II
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 Architect's Basic Services consist of those described in Paragraphs 2.2
through 2.5, and any other services identified as part of Basic Services, and
include normal structural, mechanical and electrical engineering services.
2.1.2 The Design for Construction shall include, but shall not necessarily be
limited to, plans and specifications which describe all systems, elements, details,
components, materials, equipment, and other information necessary for
construction. The Design for Construction shall be accurate, coordinated and in
all respects adequate for construction and shall be in conformity, and comply,
with all applicable law, codes, permits, and regulations. Products, equipment
and materials specified for use shall be readily available unless written
authorization to the contrary is given by the Owner. The Architect shall be
responsible for designing the Project in accordance with the analyses and
recommendations of the geotechnical information furnished per Article 4.5.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall review the program, schedule and construction budget
furnished by the Owner to ascertain the requirements of the Project and shall
arrive at a mutual understanding of such requirements with the Owner.
2.2.2 The Architect shall review with the Owner and Construction Manager:
proposed site use and improvements, required permits, zoning, selection of
materials, building systems and equipment; and methods of Project delivery.
2.2.3 The Architect shall review with the Owner and Construction Manager
alternative approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule and construction
budget requirements, the Architect shall prepare, for approval by the Owner,
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Schematic Design Documents consisting of drawings and other documents
illustrating the scale and relationship of Project components.
2.2.5 At intervals appropriate to the progress of the Schematic Design Phase,
the Architect shall provide schematic design studies for the Owner's review and
the Construction Manager's information.
2.2.6 Upon completion of the Schematic Design Phase, the Architect shall
provide drawings, outline specifications, estimate of anticipated cost in
accordance with the schematic designs, and other documents for the Owner's
approval and the Construction Manager's information.
2.3 SCHEMATIC DESIGN PHASE REQUIREMENTS
2.3.1 The Schematic Design Phase services shall respond to program
requirements and consist of preparation of: conceptual site and building plans,
preliminary sections and elevations, development of approximate dimensions,
areas and volumes, concept sketches as required to explain the design intent to
the owner. Perspective renderings and models, if required by the Owner, will be
billed as an additional service or billed as a reimbursable expense if that service
is performed by additional consultants after the Owner's written approval.
The Architect shall perform the following design phase tasks:
a. Structural Design/Documentation services during the Schematic
Design Phase consisting of recommendations regarding basic
structural materials and systems, analyses, and development of
conceptual design solutions for: a predetermined structural system
and alternate structural systems.
b. Mechanical Design/Documentation services during the Schematic
Design Phase consisting of consideration of alternate materials,
systems and equipment, and development of conceptual design
solutions for: energy source(s), energy conservation, heating and
ventilating, air conditioning, plumbing, fire protection, special
mechanical systems, process systems, and general space
requiremen ts.
c. Electrical Design/Documentation services during the Schematic
Design Phase consisting of consideration of alternate systems,
recommendations regarding basic electrical materials, systems and
equipment, analyses, and development of conceptual design
solutions for: power service and distribution, lighting, telephones,
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fire detection and alarms, security systems, electronic
communications, special electrical systems, and general space
requirements.
d. Civil Design/Documentation services during the Schematic Design
Phase consisting of consideration of alternate materials and systems
and development of conceptual design solutions for: on-site utility
systems, off-site utilities work, fire protection systems, drainage
systems, and paving.
2.4 DESIGN DEVELOPMENT/CONSTRUCTION DOCUMENT PHASE
2.4.1 Based on the approved Schematic Design Documents and any
adjustments authorized by the Owner in the program, schedule or construction
budget, the Architect shall prepare Design Development Documents for the
Construction Manager's review and the Owner's approval. The Design
Development Documents shall consist of drawing and other documents that
establish and describe the size and character of the Project as to architectural,
structural, mechanical and electrical systems, materials and such other elements
as may be appropriate.
2.4.2 At intervals mutually agreeable to the Owner, Construction Manager and
Architect, the Architect shall provide drawings and other documents which
depict the current status of design development for the Owner's review and the
Construction Manager's information. The Architect shall provide an estimate of
anticipated cost in accordance with the design development phase.
2.4.3 Upon completion of the Design Development Phase, the Architect shall
provide drawings, outline specifications and other documents for the Owner's
approval and the Construction Manager's information. The Architect shall
provide an estimate of anticipated costs in accordance with the design
development phase.
2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS
To satisfactorily perform the design development phase requirement, the
Architect must complete the tasks set forth in paragraphs 2.5.1 - 2.5.13.
2.5.1 Floor Plans - This consists of general plans, overall coordinating plans,
and plan enlargements for important and special areas.
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Data required:
a. Building perimeter (footprint) and exterior wall type, thickness and
composition fixed
b. Structural grid or system
c. Major mechanical/ electrical systems determined and their
requirements reflected and indicated on plans
d. Indicate building core - elevators, stairs, etc.
e. All internal partitions of appropriate thickness indicated
f. Floor, slab, and level elevations
g. Typical door types
h. Typical partition types
1. Built-in furniture items - special furniture and equipment (early
clarification of what is "NIC" and "by owner")
J. Larger scale (e.g., 1/4"). Key areas, lobby, entries, public plaza,
major corridors, special spaces, etc. Required: All surfaces (floor,
wall, and ceiling treatments), furniture indication, and layout.
2.5.2 General Elevations
a. Total full-height facades including roof structures
b. All fenestration
c. Overall vertical building and floor heights
d. Indicate cross-reference points with sections
e. Indicate setbacks, building profiles, expansion joints, etc.
f. Indicate treatment of visible mechanical equipment
g. System impact (precast concrete, stone, panel systems, metal/ glass
curtain wall, etc.) properly selected by adequate technical
investigation.
2.5.3 Sections
Overall Sections - Overall building longitudinal and transverse "building
explanation" type.
Detail Wall Sections - Largest scale (e.g., 3/4"). Dominant full-height
sections conveying basic building configuration, to indicate:
a. Foundation and perimeter treatment
b. Typical wall construction
c. Back-up structure, abutting floor system
d. Window location and insulation methods
e. Flashing, masonry coursings
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f. Mechanical penetrations impact (furrings, etc.)
g. Parapet design.
2.5.4 Details - Large scale (1-1/2", 3") as required. Indicate key conditions.
a. Window types: divisions, pattern, mullion profiles, vent detail,
glazing type, jamb/head, plan section
b. Hollow metal (typical only; keyed to plans and schedules)
c. Frame types (typical only; for compatibility and profile)
d. Stair types - egress, public, exterior (including railing design)
e. Metal and glass walls, borrowed lights, etc.; for division, profile,
and glazing
g. Interior partition types (typical only; keyed to plans and schedules)
h. Built-in furniture items, receptions desks, work tops, counters,
cabinet types, display cases, recesses, wardrobes, millwork, etc.
2.5.5 Interior Elevations - Typical and special spaces, interfaced with, and
cross-referenced to, floor and reflected ceiling plans. Indicate:
a. Breaks
b. Level changes
c. Pertinent vertical dimensions.
2.5.6 Reflected Ceiling Plans - Typical and special spaces. Integrated plans
reflecting structural, mechanical, and electrical impacts. Plans to indicate:
a. Lighting layouts
b. Soffits, coves, furrings
c. Skylight locations
d. Ceiling materials
e. Acoustic treatments
f. Heating and ventilating register, diffuser locations
g. Sprinklers
h. Access panels.
2.5.7 Schedules - Schedules to be nonrepetitive and comprehensive, with
specific keying to floor plans and elevations.
a. Interior finishes
b. Doors and frames
c. Preliminary hardware
d. Windows/glazing
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2.5.8 Specifications - Comprehensive, abbreviated methods, materials and
systems descriptions in tune with the drawings. Use CSI format with applicable
section numbers. Include all consultant portions as well as those special and
supplementary conditions specific to the project.
2.5.9 Preliminary Estimate of Construction Cost - Adjustment of the
preliminary estimate of construction cost prepared at the end of schematic
design.
2.5.10 Structural Design Development Set
a. Floor plans at the same scale as the architectural drawings
b. Typical floor framing plans, including sizing of beam drops, slab
openings, thicknesses, and depressions
c. Framing indication and governing sizing at: roof structures,
penthouse, bulkheads, other
d. Nontypical framing scheme where required: lobby, floors at grade,
and other
e. All column points established
f. Final column schedule
g. Preliminary details and sections to adequately indicate structural
system
h. Preliminary details of major unique conditions that impact on
scheme (as determined by the architect)
1. Details indicating accommodation with mechanical/ electrical at
areas of major interface
J. Design development specifications
k. Any necessary recommended adjustments to the preliminary
estimate of construction cost.
2.5.11 MechanicaljElectrical Design Development Set
a. Typical floor plans. Systems representation in diagrammatic
(nondetailed) style, major items of equipment indicated, their space
requirements and interface requirements with other systems.
Indicate: major shafts (sizes), chases, mechanical rooms and electric
closets, and convector/fan coil locations, etc.
b. Required punctures: wall, slab, and beam
c. Terminal plans (lobby, cellar, roof) with items of heavy equipment
shown in diagrammatic style, with their space requirements
indicated: (1) Boiler/heater spaces (include clear height
requirements), (2) Transformer vaults (approval obtained from
local utility company), (3) Switchgear, emergency generator, water
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storage tanks, fire pumps, etc., (4) Roof cooling towers, major air-
conditioning and air-handling equipment, packaged units, etc.
d. Locations of major roof air-handling equipment: cooling towers,
exhaust fans, etc.
e. Preliminary details of major and unique conditions that impact on
scheme (as determined by the architect)
f. Data to be developed in conjunction and in coordination with the
project team:
1. Integrated diagrammatic lighting plans indicating all
overhead mechanical and electrical equipment for typical
floor and special spaces
2. Cuts and explanatory information for interior visual items
such as: louvers, registers, heating/ cooling units, and
cabinets
3. Exterior louver requirements and proposed locations.
g. Design development specifications
h. Any necessary adjustments to the preliminary estimate of
construction cost.
2.5.12 Site Design Development Set
a. Building location plan--building tied down dimensionally with
pertinent adjacencies, street lines and grades, property lines,
required setbacks, easements, rights of way, manholes, sewers,
hydrants, light standards, etc., interfaced with survey
b. Main entry level datum elevation with key exterior grades at
building perimeter
c. Site development grading and landscaping plans
d. Overall preliminary site grading and defined design of external
elements, properly coordinated and interfaced with
mechanical/ electrical for utility entry points
e. Indicate areaways, vaults, access to subgrade spaces
f. Preliminary site and exterior building lighting scheme with
identification of fixture types
g. Parking area defined with preliminary plotting
h. Indication of paths, stairs, ramps, berms, terraces, etc.
1. Plant materials (indication and preliminary schedule)
J. Design development details: railings, stairs, ramps, paving types
and patterns, kiosks, benches, light standards, others
k. Design development specifications
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1. Any necessary adjustments to the preliminary estate of
construction cost.
2.5.13 Other Consultants' Design Development Sets
As appropriate to the Project.
2.5.14 Limitations - The above list of drawings represents, In general, the
requirements of the Project.
2.6 CONSTRUCTION DOCUMENTS PHASE
2.6.1 Based on the approved Design Development Documents and any further
adjustments authorized by the Owner in the scope or quality of the Project of in
the construction budget, the Architect shall prepare, for approval by the Owner
and Construction Manager, Construction Documents consisting of Drawings and
Specifications setting forth in detail the requirements for the construction of the
project.
2.6.2 The Architect shall provide Drawings and Specifications for the Owner's
and the Construction Manger's review.
2.6.3 Upon completion of the Construction Documents Phase, the Architect
shall provide Construction Documents for the Owner's and Construction
Manager's approval. The Architect shall provide an estimate of anticipated costs
in accordance with the construction development phase.
2.6.4 The Architect shall assist the Owner and Construction Manager in the
preparation of the necessary bidding information, bidding forms, the Conditions
of Contracts, and the forms of Agreements between the Owner and the
Contractors.
2.6.5 The Architect's construction documents (plans, specifications, etc.) will
conform to all written codes and regulations of the federal government, county,
state, municipalities, agencies and state departments, in effect at the date of this
Agreement, and shall be of such completion as to receive all permits when
applied for. If permits are denied, then the Architect will conform the
construction documents in such manner to receive permits upon such plans.
Work required by the Architect to conform the documents to federal, state, city,
county, or agency specifications to allow them to be approved shall be completed
at no charge or cost to the Owner.
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2.7 BIDDING OR NEGOTIATION PHASE
2.7.1 The Architect, following the Owner's approval of the Construction
Documents and the Architect's latest estimate of Construction Cost, shall assist
the Construction Manager in obtaining bids or negotiated proposals and assist in
preparing contracts for construction.
2.7.2 The Architect shall assist the Construction Manager in issuing bidding
documents to bidders and conducting pre-bid conferences with prospective
bidders. The Architect, with the assistance of the Construction Manager, shall
respond to questions from bidders, and shall issue addenda.
2.7.3 The Architect shall assist the Owner and Construction Manager in
connection with the Owner's responsibility for filing documents required for the
securing of a building permit after the County has obtained development
approval. Assistance with securing a development approval will be in the form
of providing schematic drawings.
2.8
CONSTRUCTION PHASE
CONSTRUCTION CONTRACT
ADMINISTRATION OF THE
2.8.1 The Architect's responsibility to provide Basic Services for the
Construction Phase under this Agreement commences with the award of the
Contract for construction and terminates with the issuance to the Owner of the
final Project Certificate for Payment including the submission of all project close
out documents by the Architect and Contractor. The Architect will administer
the Owner/Contractor contract as provided for in that document. The Architect
agrees to perform a project check prior to the end of the warranty period as a
part of the contract. The check shall not exceed one working day unless
additional time is approved by the Owner.
2.8.2 The Architect shall at all times have access to the Work whenever it is in
preparation or progress.
2.8.3 The Architect shall, as contemplated herein and in the Construction
Contract, but not otherwise, act on behalf, and be the agent, of the Owner
throughout construction of the Project. Instructions" directions, and other
appropriate communications from the Owner to the Contractor shall be given to
the Contractor by the Architect or Construction Manager.
2.8.4 Upon receipt, the Architect shall carefully review and examine the
Contractor's Schedule of Values, together with any supporting documentation
or data which the Owner or the Architect may require from the Contractor. The
purpose of such review and examination shall be to protect the Owner from an
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unbalanced Schedule of Values which allocates greater value to certain elements
of the Work than is indicated by such supporting documentation or data, or than
is reasonable under the circumstances. If the Schedule of Values was not found
to be appropriate, or if the supporting documentation or data is deemed to be
inadequate, and unless the Owner directs the Architect to the contrary in writing,
the Schedule of Values shall be returned to the Contractor for revision or
supporting documentation or data. After making such examination, if the
Schedule of Values is found to be appropriate as submitted, or if necessary, as
revised, the Architect shall sign the Schedule of Values thereby indicating its
informed belief that the Schedule of Values constitutes a reasonable, balanced
basis for payment of the Contract Price to the Contractor. The Architect shall not
approve such Schedule of Values in the absence of such belief unless directed to
do so, in writing, by the Owner.
2.8.5 The Architect shall carefully inspect the work of the Contractor and shall,
at a minimum, inspect work at the Project site once every week. The purpose of
such inspections shall be to determine the quality and quantity of the work in
comparison with the requirements of the Construction Contract. In making such
inspections, the Architect shall protect the Owner from continuing deficient or
defective work, from continuing unexcused delays in the schedule and from
overpayment to the Contractor. Following each inspection, the Architect shall
submit a written report of such inspection, together with any appropriate
comments or recommendations to the Owner.
2.8.6 The Architect shall initially approve periodic and final payments owed to
the Contractor under the Construction Contract predicated upon inspections of
the work and evaluations of the Contractor's rate of progress in light of the
remaining Contract Time and shall issue to the Owner Approvals of Payment in
such amounts. By issuing an Approval of Payment to the Owner, the Architect
reliably informs the Owner that the Architect has made the inspection of the
work required, and that the work for which payment is approved has reached
the quantities or percentages of completion shown, or both, that the quality of
the Contractor's work meets or exceeds the requirements of the Construction
Contract, and that under the terms and conditions of the Construction Contract,
the Owner is obligated to make payment to the Contractor of the amount
approved.
2.8.7 The issuance of a Certificate for Payment shall not be a representation that
the Architect has (1) made exhaustive or continuous on-site inspections to check
the quality or quantity of the Work. (2) reviewed construction means, methods,
techniques, sequences or procedures. (3) reviewed copies of requisitions received
from Subcontractors and material suppliers and other data requested by the
Owner to substantiate the Contractor's right to payment or (4) ascertained how
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or for what purpose the Contractor has used money previously paid on account
of the Contract Sum.
2.8.8 The Architect shall have authority, after notification to the Construction
Manager, to reject Work which does not conform to the Contract Documents.
Whenever the Architect considers it necessary or advisable for implementation of
the intent of the Contract Documents the Architect will have authority, upon
written authorization from the Owner, to require additional inspection or testing
of the Work in accordance with the provisions of the Contract Documents,
whether or not such Work is fabricated, installed or completed.
2.8.9 The Architect shall review and approve or take other appropriate action
upon Contractor's submittals such as Shop Drawings, Product Data and Samples,
but only for the limited purpose of checking for conformance with information
given and the design concept expressed in the Contract Documents. The
Architect's action shall be taken with such reasonable promptness as to cause no
delay in the Contractor's Work or in construction by the Owner's own forces,
while allowing sufficient time in the Architect's professional judgment to permit
adequate review. Review of such submittals is not conducted for the purpose of
determining the accuracy and completeness of other details such as dimensions
and quantities or for substantiating instructions for installation or performance
of equipment or systems designed by the Contractors, all of which remain the
responsibility of the Contractors to the extent required by the Contract
Documents. The Architect's review shall not constitute approval of safety
precautions or, unless otherwise specifically stated by the Architect, of
construction means, methods, techniques, sequences, or procedures. The
Architect's approval of a specific item shall not indicate approval of an assembly
of which the item is a component. When professional certification of
performance characteristic of materials, systems or equipment is required by the
Contract Documents, the Architect shall be entitled to rely upon such
certification to establish that the materials, systems or equipment will meet the
performance criteria required by the Contract Documents. Architect shall take
appropriate action on submittals within 14 calendar days.
2.8.10 The Architect shall review and sign or take other appropriate action on
Change Orders and Construction Change Directives prepared by the
Construction Manager for the Owner's approval and execution in accordance
with the Contract Documents. Architect to take appropriate action within 7
calendar days.
2.8.11 The Architect shall promptly provide appropriate interpretations as
necessary for the proper execution of the work as long as there is no change in
Contract price.
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2.8.12 The Architect shall require inspection or reinspection and testing or
retesting of the work in accordance with the provisions of the Construction
Contract whenever appropriate.
2.8.13 The Architect, assisted by the Construction Manager, shall conduct
inspections to determine the date or dates of Substantial Completion and the
date of Final Completion. The Architect shall forward to the Construction
Manager warranties and similar submittals required by the Contract Documents
which have been received from the Contractor. The Architect shall issue a final
Project Certificate for Payment upon compliance with the requirements of the
Contract Documents.
I 2.8.14 The Architect shall interpret and decide matters concerning performance
of the Contractor under the requirements of the Contract Documents upon
written request. The Architect's response to such requests shall be made with
promptness and within seven days of receipt of request.
2.8.15 Interpretations and decisions of the Architects shall be consistent with the
intent of and reasonably inferable from the Contract Documents and shall be in
writing or in the form of drawings and submitted on proper Construction
Change Directives
2.8.16 The Architect shall render written decisions within a reasonable time on
all claims, disputes or other matters in question between the Owner and
Contractors relating to the execution or progress of the Work as provided in the
Contract Documents.
2.8.17 Duties, responsibilities and limitations of authority of the Architect shall
not be restricted, modified or extended without written agreement of the Owner
and Architect.
2.8.18 The Architect shall be a representative of and shall advise and consult
with the Owner (1) during construction until final payment to the Contractor is
due and (2) as a Basic Service at the Owner's direction from time to time during
the correction period described in the Contract for Construction. This advise and
consultation shall be limited to verbal comment on actions of the Owner and
shall not necessitate filing of records, forms, or revisions to drawings, without
additional compensation.
2.8.19 The Architect shall transmit to the Owner all manuals, operating
instructions, as-built plans, warranties, guarantees and other documents and
things required by the Construction Contract and submitted by the Contractor.
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2.8.20 The Architect shall not have control over or charge of and shall not be
responsible for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the Work,
since these are solely the Contractor's responsibility under the Contract for
Construction. The Architect shall not be responsible for the Contractor's
schedules or failure to carry out the Work in accordance with the contract
Documents. The Architect shall not have control over or charge of acts or
omissions of the Contractor, Subcontractors, or their agents or employees, or of
any other persons performing portions of the Work.
2.8.21 The Architect shall testify in any judicial proceeding concerning the
design and construction of the Project when requested in writing by the Owner,
and the Architect shall make available to the Owner any personnel or consultants
employed or retained by the Architect for the purpose of reviewing, studying,
analyzing or investigating any claims, contentions, allegations, or legal actions
relating to , or arising out of, the design or construction of the Project. Testimony
given will be provided as part of basic services when in defense of claims for
actions of the Architect, unless otherwise prevented by counsel of the architect
and which time it would be subject to subpoena. For other claims against the
Owner, the Architect will do this under an expert witness with compensation.
2.8.22 The Architect shall review any as-built drawings furnished by the
Contractor and shall certify to the Owner that same are adequate and complete.
2.8.23 The Architect shall, without additional compensation, promptly correct
any errors, omissions, deficiencies, or conflicts in the work product of the
Architect or its consultants, or both.
2.8.24 The Architect must reimburse the Owner for any added costs paid by the
Owner during construction that were incurred as the result of any omission,
deficiency, or conflict in the work product of the Architect, its consultants, or
both. This added expense is defined as the difference in cost from that which the
Owner would have paid if the work was included in the bid, and the actual cost
presented by the Contractor.
ARTICLE III
3.1 GENERAL
3.1.1 The services described in this Article III are not included in Basic Services.
They shall be paid for by the Owner as provided in this agreement as an addition
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to the compensation paid for the Basic Services but only if approved by the
Owner before commencement.
3.2 PROJECT REPRESENTATION
BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in
subparagraph 2.8.5 is required, the Architect shall provide one or more Project
Representatives to assist in carrying out such additional on-site responsibilities.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing detailed quantity surveys or inventories of material and
equipment.
3.4.2 Providing analyses of owning and operating costs.
3.4.3 Providing interior design and other similar services required for or in
connection with the selection, procurement or installation of furniture,
furnishings and related equipment.
3.4.4 Providing assistance in the utilization of equipment or systems such as
testing, adjusting and balancing, preparation of operation and maintenance
manuals, training personnel for operation and maintenance, and consultation
during operation.
3.4.5 Providing analyses of the Owner's needs and programmIng the
requirements of the Project.
3.4.6 Providing planning surveys, site evaluations or comparative studies of
prospective sites.
3.4.7 Providing special surveys or environmental studies required for
approvals of governmental authorities or others having jurisdiction over the
Project.
3.4.8 Providing services relative to future facilities, systems and equipment.
3.4.9 Providing detailed estimates of the construction cost (an item by item
enumeration and analysis of all the costs that go to make up the Architect's final
estimate described in paragraph 5.1).
3.4.10 Making investigations, inventories of materials or equipment, or
valuations and detailed appraisals of existing facilities.
16
3.4.11 Providing services of consultants for other than architectural, structural,
mechanical and electrical engineering portions of the Project provided as a part
of Basic Services.
3.4.12 Providing any other services not otherwise included in this Agreement or
not customarily furnished in accordance with generally accepted architectural
practice.
3.4.13 Providing assistance with public agencies reqUIrIng formal review of
project and preparation of documents, reports, studies, renderings, models,
payment of fees, applications and other material necessary to seek such
approval.
3.4.14 Providing representation before public bodies In conjunction with
approval of project, upon approval by owner.
3.5 CONTINGENT ADDITIONAL SERVICES
3.5.1 Making revisions in Drawings, Specifications or other documents when
such revisions are:
a. Inconsistent with approvals or instructions previously given by the
Owner, including revisions made necessary by adjustments in the
Owner's program or Project budget;
b. Required by the enactment or revision of codes, laws or regulations
subsequent to the preparation of such documents and not
reasonably anticipated; or
c. Due to changes required as a result of the Owner's failure to render
decisions in a timely manner.
3.5.2 Providing services required because of significant changes in the Project
including, but not limited to, size, quality, complexity, the Owner's schedule, or
the method of bidding or negotiating and contracting for construction.
3.5.3 Providing consultation concerning replacement of Work damaged by fire
or other cause during construction, and furnishing services required in
connection with the replacement of such Work.
3.5.4 Providing services in connection with public hearings.
17
ARTICLE IV
OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide full information regarding requirements for the
Project, including a program which shall set forth the Owner's objectives,
schedule, constraints and criteria, including space requirements and
relationships, flexibility, expandability, special equipment, systems, and site
requirements.
4.2 The Owner shall establish and update an overall budget for the Project
based on consultation with the Construction Manager and the Architect, which
shall include the Construction Cost, the Owner's other costs and reasonable
contingencies related to all of these costs.
4.3 The Owner shall designate the Construction Manager to act on the
Owner's behalf with respects to the Project. The Owner or Construction
Manager shall render decisions in a timely manner pertaining to documents
submitted by the Architect in order to avoid unreasonable delay in the orderly
and sequential progress of the Architect's services.
4.4 The Owner shall furnish surveys describing physical characteristics, legal
limitations and utility locations for the site of the Project, and a written legal
description of the site. The surveys and legal information shall include, as
applicable, grades and lines of streets, alleys, pavements, and adjoining property
and structures; adjacent drainage; rights-of-way; restrictions, easements,
encroachments, zoning, deed restrictions, boundaries and contours of the site;
locations, dimensions and necessary data pertaining to existing buildings, other
improvements and trees; and information concerning available utility services
and lines, both public and private, above and below grade, including inverts and
depths. All the information on the survey shall be referenced to a Project
benchmark.
4.5 The Owner shall furnish the geotechnical tests when requested by the
Architect. Such tests may include but are not limited to test borings, test pits,
determinations of soil bearing values, percolation tests, evaluations of hazardous
materials, and ground corrosion and resistivity tests, including necessary
operations for anticipating subsoil conditions, with reports and appropriate
professional recommendations.
4.6 The Owner shall furnish all legal, accounting and insurance counseling
services as may be necessary at any time for the Project, including auditing
services the Owner may require to verify the Contractor's Application for
18
Payment or to ascertain how or for what purposes the Contractor has used the
money paid by or on behalf of the owner.
4.7 The services, information, surveys and reports shall be furnished at the
Owner's expense, and the Architect shall be entitled to rely upon the accuracy
and completeness thereof.
4.8 Prompt written notice shall be given by the Owner and Construction
Manager to the Architect if they become aware of any fault or defect in the
Project or non-conformance with the Contract Documents.
4.9 The proposed language of certificate or certifications requested of the
Architect or Architect's consultants shall be submitted to the Owner for review
and approval at least 14 days prior to execution. The Owner shall not request
certifications that would require knowledge or services beyond the scope of this
Agreement.
4.10 The Owner shall furnish the required information and services and shall
render approvals and decisions as expeditiously as necessary for the orderly
progress of the Architect's services and Work of the Contractors.
4.11 The Owner shall furnish the Architect copies of written communications.
4.12 The Owner's review of any documents prepared by the Architect or its
consultants shall be solely for the purpose of determining whether such
documents are generally consistent with the Owner's Criteria, as, and if,
modified. No review of such documents shall relieve the Architect of
responsibility for the accuracy, adequacy, fitness, suitability or coordination of its
work product.
4.13 The Owner shall furnish structural, mechanical, chemical, air and water
pollution tests, tests for hazardous materials, and other laboratory and
environmental tests, inspections and reports required by law or the Contract
Documents.
ARTICLE V
CONSTRUCTION COST
5.1 Contemporaneously with the submission of the Design for Construction,
the Architect shall submit to the Owner in writing its final estimate of the
contractor's anticipated price for constructing the Project. Once submitted, the
final anticipated price estimate shall be adjusted by the Architect to reflect any
19
. .
increase or decrease in anticipated price resulting from the change in Design for
Construction.
5.2 The Construction Cost shall be the total estimated cost to the Owner of all
elements of the Project designed or specified by the Architect.
5.3 The Construction Cost shall include the cost at current market rates of
labor and materials furnished by the Owner and equipment designed, specified,
selected or specially provided for by the Architect, plus a reasonable allowance
for the Contractor's overhead and profit.
5.4 Construction cost does not include the compensation of the Architect and
the Architect's consultants, the costs of land, rights-of-way, financing or other
costs which are the responsibility of the Owner.
5.5 The Architect agrees that, should the bid for construction of the project
exceed it's estimate by ten percent (10%) or more, it will redesign, redraw and/ or
rebid, at no additional cost or expense to the Owner, until the bids are within the
stated limits.
ARTICLE VI
6.1 INDEMNIFICATION AND HOLD HARMLESS
6.1.1 The Architect convenants and agrees to indemnify and hold harmless
Momoe County and Monroe County Board of County Commissioners from any
and all claims for bodily injury (including death), personal injury, and property
damage (including property owned by Monroe County) and any other losses,
damages, and expenses (including attorney's fees) which arise out of, in
connection with, or by reason of services provided by the Architect in any tier,
occasioned by the negligence, errors, or other wrongful act or omission of the
Architect in any tier, their employees, or agents. The first ten dollars ($10.00) of
remuneration paid to the Architect is for the indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the
insurance requirements contained elsewhere within this agreement. Should any
claims be asserted against the Owner by virtue of any deficiency or ambiguity in
the plans and specifications provided by the Architect, the Architect agrees and
warrants that he shall hold the Owner harmless and shall indemnify him from all
losses occurring thereby and shall further defend any claim or action on the
Owner's behalf.
20
ARTICLE VII
7.1 PERSONNEL
7.1.1 The Architect shall assign only qualified personnel to perform any service
concerning the Project. At the time of execution of this Contract, the parties
anticipate that the following named individuals will perform those functions as
indicated:
N~me
Function
Bert Bender
Bill Rowan
Jack Daniels
Leslie Johnson
Principal/Proiect Manaqer
Project Architect
Architpl""!t-
Interior DesJgnpr
So long as the individuals named above remain actively employed or retained by
the Architect, they shall perform the functions indicated next to their names.
ARTICLE VIII
8.1 PAYMENTS
8.1.1 For its assumption and performance of the duties, obligations and
responsibilities set forth herein, the Architect shall be paid monthly, not to
exceed the percentages shown in Paragraph B.l.l.A.
(A) The Architect shall be paid for those services required by this
Contract the sum of Three hundred eighty thousand dollars ($380,000.00).7
1.
2.
3.
4.
5.
Schematic Design Phase:
Design Development Phase:
Construction Documents Phase:
Bidding or Negotiation Phase:
Construction Phase
15 percent
30 percent
30 percent
5 percent
20 percent
(B) For the performance of the optional additional services and
contingent additional services described in Article III of this contract,
provided same are first authorized in writing by the Owner, the Architect
shallbepaidhourlyatthefollowingrates:Principul (a $125, Architects @ $100
RateScheduleineffectattimeofsi in. Interior Designer @ $75,
Administrative Support $50
21
(C) If the Architect's duties, obligations and responsibilities are
materially changed through no fault of the Architect after execution of this
Contract, compensation due to the Architect shall be equitably adjusted,
either upward or downward;
(D) As a condition precedent for any payment due under this Contract,
the Architect shall submit monthly, unless otherwise agreed in writing by
the Owner, an invoice to the Owner requesting payment for services
properly rendered and reimbursable expenses due hereunder. The
Architect's invoice shall describe with reasonable particularity the service
rendered. The Architect's invoice shall be accompanied by such
documentation or data in support of expenses for which payment is
sought as the Owner may require
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable expenses include expenses incurred by the Architect in the
interest of the Project:
a. Expense of transportation and living expenses in connection with
out-of-county travel authorized by the Owner, but only to the
extent and in the amounts authorized by Section 112.061, Florida
Statutes;
b. Fees paid for securing approval of authorities having jurisdiction
over the Project;
c. Reproductions (beyond 6 signed and sealed sets, plus one set of
reprod uctibles);
d. Postage and handling of Drawings and Specifications;
e. Renderings and Models requested by the Owner.
f. Expense of additional insurance coverage or limits, including
professional liability insurance requested by the Owner in excess of
$1,000,000.
ARTICLE IX
9.1 APPLICABLE LAW
9.1.1 This Contract is governed by the laws of the State of Florida. Venue for
any litigation arising under this Contract must be in Monroe County, Florida.
22
ARTICLE X
10.1 OWNERSHIP OF THE PRELIMINARY DESIGN AND THE DESIGN
FOR CONSTRUCTION
10.1.1 The Drawings, Specifications and other documents prepared by the
Architect for this Project are instruments of the Architect's service for use solely
with respect to this Project, and the Architect shall be deemed the author of these
documents and shall retain all common law, statutory and other reserved rights,
including the copyright. The Owner shall be permitted to retain copies,
including reproducible copies, of the Architect's Drawings, Specifications and
other documents for information and reference in connection with the Owner's
use and occupancy of the Project. The Architect's Drawings, Specifications or
other documents shall not be used by the Owner or others on other projects, for
additions to this Project or for completion of this Project by others, unless the
Architect is adjudged to be in default under this Agreement, except by
agreement in writing and with appropriate compensation to the Architect.
10.1.2 Submission or distribution of documents to meet official regulatory
requirements or for similar purposes in connection with the Project is not to be
construed as publication in derogation of the Architect's reserved rights.
ARTICLE XI
11.1 SUCCESSORS AND ASSIGNS
11.1.1 The Architect shall not assign its rights hereunder, excepting its right to
payment, nor shall it delegate any of its duties hereunder without the written
consent of the Owner. Subject to the provisions of the immediately preceding
sentence, each party hereto binds itself, its successors, assigns and legal
representatives to the other and to the successors, assigns and legal
representatives of such other party.
ARTICLE XII
12.1 NO THIRD PARTY BENEFICIARIES
12.1.1 Nothing contained herein shall create any relationship, contractual or
otherwise, with or any rights in favor of, any third party.
23
ARTICLE XIII
13.1 INSURANCE
13.1.1 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 one year after
final completion of the project. In the event the completion of the project (to
include the work of others) is delayed or suspended as a result of the Architect's
failure to purchase or maintain the required insurance, the Architect shall
indemnify the County from any and all increased expenses resulting from such
delay.
13.1.2 The coverage provided herein shall contain an endorsement providing
sixty (60) days notice to the Owner prior to any cancellation of said coverage.
Said coverage shall be written by an insurer acceptable to the Owner and shall be
in a form acceptable to the Owner.
ARTICLE XIV
TERMINATION
14.1 Either party hereto may terminate this Contract upon giving seven (7)
days' written notice to the other in the event that such other party substantially
fails to perform its material obligations set forth herein. Termination expenses
shall include all expenses till date of termination and any additional services
required in order to stop performance of services, subject to audit for
verifica tion.
14.1.1 Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Board of County
Commissioners and the approval of the Board members at the time of Contract
initiation and it's duration.
ARTICLE XV
ENTIRE AGREEMENT
15.1 This Contract constitutes of the form of agreement (Articles I - XV), the
exhibits that are attached and made a part of the Contract, and the documents
referred to in the form of agreement as a part of this Contract. In the event any
conflict between any of those Contract documents, the one imposing the greater
burden on the Architect will control.
24
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Bender & Associates Architects p.a. warrants that he/ it has not employed,
retained or otherwise had act on his/its behalf any former County officer or
employee in violation of Section 2 of Ordinance No. 10-1990 or any County
officer or employee in violation of Section 3 of Ordinance No. 10-1990. For
breach or violation of this proyision the County may, in its discretion, terminate
this contract without liability and may also, in its discretion, deduct from the
contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer
or employee.
Date: 3'~' <17
ST ATE OF FL-D~ DA
COUNTY OF \-\l:>N1ZcE.
Subscribed and sworn to (or affirmed) before me on MAA...C.-H 210, ,ql\1
(date) by ~ L. ~ENOEJ.!-. (name of affiant). He/She
is personally known to me 6... 1....... pi.\~.JtJbl~l:ti
(type of identification) as identification.
QJ
M ., '. \<':'tI!""'iI'ttlittl"'!lIllll};!.'!II/!/!,.,~gI ~RY PUBLIC
y commission explres.~; Al",fOIr t~>\STn,L() ~~
": :~:~~~:~:~,~~!,;~~,~~"ti. . ~~
;": I.l~.. (~U':;kCT':'_~;~ ;;./~:';i')" ;.;
eM DO 12 -9 / I 1/9 5 ;~ '.) ),'~" \'~', ,g.~~~~.j~'~:~~;~~~~;;)~.~)~~:.~)'))~;~);~~;~~~),>y~~
PUBLIC ENTITY CRIME STATEMENT
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017 of
the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
IN WITNESS WHEREOF, each party has caused this A~eement to be
executed by . i~s, ,duly authorized representative this /'1 ;/ day of
filA U"{1 I 1997.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MO E COUNTY FLORIDA
.;~.:, ':,~~~ J
Date,.;.,;~Y
...
(SEAL)
Attest:
ARCHITECT
Bender & Associates Architects, P.A.
By:
Title:
By:
Title:
25
EXHIBIT A
1996 Edition
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION MANUAL
General Insurance Requirements
for
Construction 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
Contractors 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 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
prove 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 the 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.
Administration Instruction
#4709.2
1996 Edition
The County, at is 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, non-renewal,
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.
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.
Administration Instruction
#4709.2
1996 Edition
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.
Administrative Instruction
#4709.1
WC1
WRK_COMP.DOC
1996 Edition
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 engineering
services, the Contractor shall purchase and maintain, throughout the life of the contract,
Engineers 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. This insurance shall be
maintained in force for a period of two years after the date of Substantial Completion of the
Project.
The minimum limits of liability shall be:
$500,000 per Occurrence/$1 ,000,000 Aggregate
Administrative Instruction
#4709.2
AE02
ARC_E&O.DOC
1996 Edition
GENERAL LIABILITY
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 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:
$500,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 250,000 per Person
$ 500,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions
should include coverage for claims filed on or after the effective date of this contract. In addition, the
period for which claims may be reported should extend for a minimum of twelve (12) months following the
acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfy the above requirements.
Administrative Instruction
#4709.2
GL2
GEN_LlAB.DOC
1996 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: OLD NAVY COMMISSARY
BETWEEN
MONROE COUNTY, FLORIDA
AND
BENDER & ASSOCIATES ARCHITECTS, P.A.
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.
Administration Instruction
#4709.2
VL1
'Florida Retail Federation
Self Insurers Fund
IT
c/
~l
Board of Trustees
w. "Bill" Kundrat, Jr., Chairman, Tallahassee
George Sandefer, Vice Chairman, Gainesville
Nis Nissen, LaJce/and
Thomas S. Petcoff, Lo/ce/and
William C. Rustin, Jr., Tallahassee
Charles R. Wintz, Jac1csonville
I.'....':'~'.......
... ...
AMENDED l
CERTIFICATE OF INSURANCE
MONROE C
CONSTR'JCrwI 1~~~~A~. r-M "
'V',~.., t!C lENT
JAN 2 6 1998
TIME: L-' ill
HEGEl
. . .
ISSUED TO: Monroe County Construction Mgmt.
5100 College Rd.
Key West, FL 33040
This is to certify that Bender & Associates Architects. P A
_~2.LCi\~9 ~:b~__~t..rr:~! .._._~~y._W_~.~.t_.._ ~.... 3.~9~O -
being subject to the provisions of the Florida Workers' Compensation Act,
has secur(::1. the payt!!ent of the comi>ensation by insuring their risk with the
Florida Retail Federation Self Insurers Fund
COVERAGE NUMBER: 0520-15056
Statutory-Sta.~e of Florida
EFFECTIVE DATE: Januarv 1. 1998
Employers Li~bility
$100,000 (Each Accident)
$100,000 (Disease-Each Employ~e)
$500,000 (Disease-Policy Limit)
EXPIRATION DATE: Januarv 1. 1999
REMARKS :
CANCELLATION: Should the above described policy be cancelled before the
expiration day thereof, the issuing company will endeavor to mail ~ days
written notice to the above named certificate holder, but failure to mail such
notice shall impose no obligation or liability of any kind upon the company.
This certificate is not a policy and of itself does not afford any insurance.
Nothing contained in this certificate shall be construed as extending coverage
not afforded by the policy shown above or as affording i~surance to any
insured not named above.
VI ~ '\J~lt
6/f): ~
CL : 'iJk ,
CiiNJk. ~ '
u/~ n~13~
January 2. 1998
Date
Summit Consulting, Inc., Administrator
Florida Retail Federation Self Insurers Fund
/jj4
Administered and serviced by Summit Consulting, Inc.
P.O. Drawer 988. Lakeland, FL 33802-0988. Telephone (941) 665-6060 or 1-800-282-7648. Fax (941) 666-1958
, T:-l'3V..udentlal ~
,. ~
Prudential Property and Casualty
Insurance Company
000001
A Subsidiary of The Prudential Insurance
Company of Amer i ca
Car Policy Renewal Declarations
Policy Number: 39 4A652282
Agency Dat~ 771295 5 CGAB 024
P. O. Box 429
"'in~tf:lIA Il Bn~22
Client Services
1-800-437-5556
Claims
1-800-437-3535
")f\
Named Insured
and P.O. Address
Bender Nancy G Dba Bender &
Associates Arcitects PA
619 Elizabeth Street
Key West FL 33040-6874
J
This policy period covers 6 months,
from 12/03/97 to 06/03/98, 12:01 A.M.
at place of garaging.
Listed below are names and birth dates of licensed drivers resident in your household.
1 Bender Nancy Groff
09/16/50 2 Bender Bert Leslie
Listed below are the cars covered by your policy.
07/30/47
CAR YEAR MAKE
MODEL
BODY TYPE
VEHICLE 10 NUMBER TERRITORY SYMBOL
CLASS CODE
1
2
1994
1992
Mitsubishi Expo Wag 4X2
Mitsubishi Eclipse G Hchbk 3D
JA3ED59G9RZ017684
4A3CS54U7NE099294
036
036
C
J
711120
881220
Listed below and within "Important Messages", are your policy coverages, limits, and premiums.
If a premium charge does not appear, that coverage is not pro'/ided.
COVERAGES
LIMITS
PREMIUMS
Car 1 Car 2
Bod i 1 Y I nj lJ r y
Each Person
Each Accident
Property Damage
Each Accident
Uninsured Motorists
Bod i 1 Y I nj ury
Each Person $ 100,000
Each Accident $ 300,000
Personal Injury Protection
Collision
Deductible - $ 250
Comprehensive
Deductible - $ 250
Towing - $50 Each Occurrence
$
90
$
$
100,000
300,000
$
$
45
95
$
50,000
$
$
$
$
28
78
TOTAL PREMIUM PER CAR
TOTAL POLICY PREMIUM
$ 370
RV
ov~'"~~y
,-. ~ ~"
L,V or vY1
ConoP " ( I l(~
flATE
~VA"!FR: N /A
31
3
$
91
$
$
45
95
$
S
$
S
94
44
3
$ 403
$
773
PAC 681 ED. 1/90 FKWA PAGE 1 OF 2
SA02-000147
t .~.,~2.!{[!~.... .....C.E~ilJl.DI.m:lIIi......... .).~':...UI.f!.B.I.lltEl.I..J.I.~.IIII........
. . . . . . . . . . . . . .. . - .... - . , . . . . . .
."'. ............ ... ...,. ....'....
.......... ... -,", .,.. '" -... -..
:.;ii~~)~~~CS:R:~(.?:~./~1::\./:::::..: DATE (MMIDDIYV)
..;.:::::::::::::::::::::8ENDBRtt:::::..: : 11/24/97
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTlRCATEDOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
PRODUCER
CMJ: :INTERNATJ:ONAL, J:Ne.
LEIGH W. MCCREARY
6161 BLUE LAGOON DR SU:ITB 420
MIAK:I FL 33126
Leigh W. KcCreary
Phone No. 266 - 9954
INSURED
Fax No.
COMPANY
A WESTERN WORLD :INSURANCE CO.
COMPANY
B
BENDER &: ASSOC:IATBS ARCBJ:TBCTS
720 CAROLJ:NE STREET
KEY WEST FL 33040
,p\
COMPANY
C
COMPANY
o
COVERAt3. E$:~~::~:~~~}~~~::~::~:~~:~j::::::
", -............. ...............................................'.
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 MAYBE 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 (MMIDDIYVJ DATI cr.1MJDDIYVJ
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL lIABIUTY NGL4 3 3 2 8
CLAIMS MADE ~ OCCUR
OWNER'S 3& CONTRACTOR'S PROT
10/25/97
GENERAL AGGREGATE
10/25/98 PRODUCTS - COMPIOP AGG
PERSONAL 3& ADV INJURY
EACH OCCURRENCE
FIRE DAMAGE (Anyone fir.)
MED EXP (Anyone person)
'500,000
. :INC' L. ABOV
'500,000
'500,000
. 50,000
1,000
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
COMBINED SINGLE UMIT
GARAGE LIABILITY
ANY AUTO
BODilY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
EXCESS lIABILITY
UMBREllA FORM
OntER THAtJ UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABIlITY
AUTO ONLY - EA ACCIDENT .
OTHER THAN AUTO ONLY:
EACH ACCIDENT .
AGGREGATE
EACH OCCURRENCE
AGGREGATE
THE PROPRlETORl
PARTNERS/EXECUTIVE
OFACERS ARE:
OTHER
INCl
EXCl
El DISEASE - POLICY LIMIT
El DISEASE - EA EMPLOYEE
MONROE COUNTY BOARD OF COUNTY
COMM:ISS:IONERS
5100 COLLEGE ROAD
KEY WEST FL 33040
T\ME:
. . .. . . . . . . . . . .:-:-:{:>:~:~l?!j?~~{{t{{{Tr::. ... . . <~:{?~:g*Ng~~ttQ~t)({\t~!::H{{{{J >:::.::.:::::::;.:::.:>~::::i:i;:;;;~;~\;;;::~:::;i:i:i~\:~~t?~(?(?r}t~{dr(>\.:::;:
MONROEC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELlED BEFORE THE
EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
...!L DAYS WRITTEN NOTICE TO THE CERTIACATE HOLDER NAMED TO THE LEFT.
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABIUTV
MONROE COUNl'V ,.
NS1RUC1\ON Mf.\.NAGEMEN
DEe 2 2 1997
DESCRIPTION OF OPERATIONS/LOCA TIONSNEHlClESlSPECIAL ITEMS
CERT:IF:ICATE HOLDER IS ALSO NAMED ADDJ:T:IONAL :INSURED ATJ:MA
ceijTIf!PIT~~jBQ.~DER.:
A<=t:O~Q~)~~5~$:~~t 'l;j~:$.l:::.:
(' I/" OF ANY KIND UPON THE COMPANY. IT~, AGENTS OR REPRESENTATIVES.
II _)c'- t. 1 Y AUT~ORlZmREPRESENTATIVE ~r. yy\Of)
..... '. . V2:. ..' I-{Le1gh 1.!- Mc:Creary · '\.., . G^J!fLt,
.::..:.::::':.::;-:':':. >:...:-. ..:>.:..... .... ".:':.::':. .:<:>.> ::' . ;.:. '.' .: ...... ACORD 9:0R'Q~ATlaN.1988.
~ '-- -,......,j
[~]II~II~llil~~~~III~~~
'PHODUCER ............................. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
aa :INTBRNAT:IONAL, :INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
LE:IGH W. MCCREARY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
6161 BLUE LAGOON DR SU:ITB 420 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
M:IAK:I FL 33126 COMPANIES AFFORDING COVERAGE
Leigh W. McCreary
Phone No. 266 -9954
INSURED
Fu No.
COMPANY
A STBADPAST :INSURANCE CO.
COMPANY MONROE COUNTY
B CONSTR' ,rTl()N ~j1A.N~GEMENT
Bender & Associates Architects J 6l
1501-B Government Street ,I- COMPANY
Key West PI, 33040 D TIME:
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 MA Y HAVE BEEN REDUCED BY PAID CLAIMS.
COMPANY
C
FES 0 5 1998
CO TYPE OF INSURANCE POLICY NUMBER POUCY EFFECTIVE POUCY EXPIRATION UMITS
LTR DATE (MMIDOIYYI DATE "MIDDIYYI
GENERAL UA8IUTY GENERAL AGGREGATE
COMMERCIAL GENERAL UABIUTY PRODUCTS - COMPIOP AGG .
CLAIMS MADE D OCCUR PERSONAL 6. ADV INJURY
OWNER'S 6. CONTRACTOR'S PROT EACH OCCURRENCE
FIRE DAMAGE (Anv one fire)
MED EXP (AnV one person)
AUTOMOBile LlABIUTY
COMBINED SINGLE UMIT
ANY AUTO
ALL OWNED AUTOS BODIL Y INJURY
SCHEDULED AUTOS BY (Per person)
HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS DATE (Per accident)
PROPERTY DAMAGE
GARAGE LIABIlITY AUTO ONLY - EA ACCIDENT .
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT .
AGGREGATE .
EXCESS LIABILITY EACH OCCURRENCE
UMBRElLA FORM AGGREGATE .
OTHER THAN UMBRElLA FORM
WORKERS COMPENSATION AND
EMPlOYERS'LlABIlITY
.
THE PROPRIETOR! INCL EL DISEASE - POUCY UMIT .
PARTNERSIEXECUTIVE
OFFICERS ARE: EXCl EL DISEASE - EA EMPLOYEE
OTHER
A Prof.ssional TBD 01/05/98 01/05/99 Ea. Claim $1,000,000
Liability Aggregate $1,000,000
DESCRIPTION OF OPERATlONSIlOCATIONSNBtICLES/SPECIAL ITEMS
TH:IS :IS A CLADIS MADE POL:ICY. COVERAGE APPL:IES ONLY TO TROSE CLADIS WR:ICH
F:IRST OCCUR AND ARB F:IRST REPORTED TO THE COMPANY DUR:ING THE POL:ICY TERM.
BOARDOF SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCB.LED BEFORE THE
EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIl
COUNTY OF MONROE ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
R:ISK MANAGEMENT ~
KARIA DE RIO . /1. BUT FAILURE TO MAIL SUCH NOTICE SHAU IMPOSE NO OBLIGATION OR UABIUTY
5100 COLLEGE ROAD I 'a'-fj ~ OF ANY KIND UPON THE COMP
KEY WEST FL 33040 Ii t AUTHORIZED REPRESENTATIVE ;' f\.
A:C;;()ft~i~$f:$J11(f$t::::/I/I/::.:.......:::\:::::.:t::.:..:::::.m::ti~:B;:r:;i;t:lli:t:i.:.:::::.I:/:t?\:.:~'{#'J~~~lWMAtJ~N(:$