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06/22/1995 Agreement 1Dannp lL. ){olbagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 M~MQBAH.Q!lM TO: Dent Pierce, Director Division of Public Works FROM: Isabel C. DeSantis, Deputy Clerk~.C.b: August 4, 1995 DATE: At the June 22, 1995 meeting, the Board granted approval and authorized execution of a Contract, as amended, between Monroe County and Bert Bender and Associates for work at the Marathon Public Health Unit. Attached hereto is a fUlly-executed duplicate original of the above document, for return to the Architect. Should you have any questions concerning the above, please do not hesitate to contact me. cc: County Attorney County Administrator wlo document Risk Management w/o document Finance Director JFile CqNTRACT FOR ARCHITECTURAL SERVICES BETWEEN OWNER AND ARCHITECT 1995 EDITION ~ -" ~ - Q ~- ..-.' t Z ... ... :T1 .... ;:; N. .- 0 r"- ~ .\' 7C C') . '..'~- , -::c ...- .c:a.. ~rJ z ~'~ -- -0 C'-; -0( W 0 (:) :u 0\ ....-, 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 BJ~JDER & ASSOCIATES ARCHITJ~CTS, 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: CXXHlY PUBLIC HEALTH UNIT IN MARATIICE, ~ CXXHlY, FLCRIDA 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 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 Project is to be designed, constructed, and operated; 1.1.4 The Architect shall prepare all documents required by this Contract including, by 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 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. In the event the Architect does not conform to the schedule, then the Architect may 2 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 is the sole judge on the assessment of the charge. . 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, 3 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, perspective sketch(es), and study model(s) if necessary to fully explain the design. 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 requirements. 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 4 solutions for: power service and distribution, lighting, telephones, 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. 5 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 fixed and related to interior walls and internal slab heights 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 6 e. Flashing, masonry coursings 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 7 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 MechanicaJfElectrical 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 8 local utility company), (3) Switchgear, emergency generator, water 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 9 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 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. '^lork required by the Architect to conform with 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. 10 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 approval of governmental authorities having jurisdiction over the project. The Architect shall file the necessary documents to obtain permits. 2.8 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.8.1 The Architect's responsibility to provide Basic Serves 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. 2.8.2 The Architect shall at all times have access to the Work wherever 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 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 11 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 sign 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 wherever necessary, and shall, at a minimum, inspect work at the Project site no less frequently than once every two weeks. 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 12 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, \Afhether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Construction Manager, Contractors, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the Work. 2.8.9 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. 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. 13 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. 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. 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 reasonable 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. 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. 14 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. 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 error, 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 to the compensation paid for the Basic Services but only if approved by the Owner before commencement. 15 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in subparagraph 6.4 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. 3.5 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, except for services required under Subparagraph 5.2.5. 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. 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. 17 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 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. 18 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 Arcltitect 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. 4.14 The services, information, surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 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 increase or decrease in anticipated price resulting from the change in Design for Construction. 19 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 or rebid, at no additional cost or expense to the Owner, until the bids are within the stated limits. ARTICLE VI 6.1 INDEMNITY 6.1.1 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. 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: 20 Name Function Bert Bender Charles Roy Brita Brookes IJeslie T ohnson Principal In Charge Project Manager/Architect Staff Architect Interior Design 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 Sixty-Six Thousand and no/lOO Dollars ($66,000.00); 1. 2. 3. 4. 5. Schematic Design Phase: Design Development Phase: Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase 15 percent 40 percent 75 percent BO percent 100 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 shall be paid hourly at the following rates: Principal (Bender) - $125, Project Manager (Roy) - $100, Rowan - $90, Daniels and Orozco - $80, Johnson-$60, Brookes, Arthur and Castillo-$50; (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 montWy, unless otherwise agreed in writing by 21 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 30 sets of Bid Documents); 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. 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 22 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. 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 two years after final completion of the project. 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. 23 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. ARTICLE XV ENTIRE AGREEMENT 15.1 This Contract consists of the form of agreement (Articles I - XV), the exhibits that are attached and made a part of the Contract, and documents referred to in the form of agreement as a part of the Contract. In the event of any conflict between any of those Contract documents, the one imposing the greater burden on the Architect will control. IN WITNESS WHEREOF each party hereto has caused this Agreement to be executed by its duly authorized representative this Iu-n e., , 1995. 22~D day of (SEAL) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BYCbo..L.J.. C · ~~ ,/ (1~~~~~~~ By~j Mayor/C Irman ARCHITECT BJ~~JDER & ASSOCIATES ARCHITECTS, P .A. ~ fU)~1l4 BYP~ Title President EXHIBIT A ^pril 2l. 1()t)J 151 l'rinl ing ',-- MONROE COUNTY, I;LOI~IDA INSURANCE GUIDE TO CONTR.J\CI' J\DI\'IINIS1.I~TION General J,lsurallce Rcqllirclllcllts for Contrnctors 311d Stlbcolltractors Prior to the commencement of work governed by this contract (including the pre-staging of personnel and matcriaI)~ the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules., whicll arc made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Sub- Contractors engaged by tbe Contmctor. As an alternative the Contractor may require all Subcontractors to obtain insurance consistent with the altachcd schedules. The Contractor will not be pennittcd 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 ti1(; County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor 10 provide satisfactory evidence of the required insurance, shall not extend deadlines specified in (his contract and any penalties and failure to perfonn assess.ncnts shall be imposed as if the work commenced on the specified date and tilne, except for the Contractor's t.ulurc to provide satisfactory evidence. The Contractor shall maintain the required insurance through()ut the entire term of this contract and any extensions. specified in any attached schedules. Failure to comply with this provision may result in the irnmediate suspension of all work until the required insurance has been reinstated or replaced. Delays in tile completion of work reSlllting from the failure of the Contracto~ to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perfornl assesslncnts shall be imposed as if the work llad not been suspended., except Jor the COlltractors 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. 1.hc County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. AU insurance policies must spccif) that (hey are not subject te> cancellation, non-renc\val, material change, or reduction in coverage unless a minirnull1 ()f thirty (30) days prior notification is given to the County by t.he insurer. The acceptance and/or approval of the Contractorls insurance shall not be construed as I\dministrati\'c Jnstruction 114709. J 12 April 22. 199 J Islltrintinc 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 lnsured" on all policies, except for Workers' Compensation. In addition, the County will be named as an Additionallnsurcd and Loss I)aycc on all policies covering County-owned property. Any deviations from these General Insurance Requirements must be requcsted in writing on the County prepared fonn entitled "Request for Waiver of Insurance Requirementsll and approved by Monroe County Risk Management. ^dnlini!'trativc In-rtruction (/4709.1 13 1\(JI11 22. IC)C).1 JtJ I'rinlin,~ GENERAL [..lABILITY INSURANCE REQUII{EMEN1.S FOR CONTlti\CT MARATHOrJ PUBLIC HI~TH illJIT 81~1.WEEN MONI~OE COUNPIY, FLOI{IDA AND BE~IDER & ASSOCIATES ARCHITECTS, P.A. Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be 111nintaincd throughout the lifc of the contract and include, as a minimum: . Premises Operations . Products and Completed Operations . Blanket Contractual Liability . Personal Injury Liability . Expanded Definition of Property Dalnagc The minimum Jinlits acceptable shall be: $500,000 Combined Single LiInit (CSL) If split limits are provided, the minirnuln linlits acceptable s11all be: $250,000 per Person $500,000 per Occurrence $ 50,000 Property Damage An Occurrence Fonn policy is preferred. If coverage is provided on a Clainls Made poJicy~ its provisions should include coverage for claitns filed on or aftcr the effective date of this contract. In addilion, the period for whicll clainls may be reported should extcnd for a nlinirnUll1 oflwelve (J 2) months following the acceptance of work by the County. The Monroe County Board of County COlnmissioncrs shaH be named as Additional Insured on all policies issued to satisfy tIle above rcquirentents. Admini~1rnlivc Jn~1nlL1i()n G I.J2 1;'4709.1 55 ,.,. .....,........ ...,..... '., ,.,.. . . , . . . , , . . . . . , . , . , . . . , . , , . . . . . . , , . . . . iii!:!! AtDttlllt. PRODUCER eMI INTBRNATIONAL, INC. LBIGH W. MCCREARY 6161 BLUB LAGOON DR SUITB 420 MIAMI FL 33126 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. Leigh W. McCreary 266-9954 COMPANIES AFFORDING COVERAGE Bender & Associates Architects 720 Caroline Street Key West FL 33040 COMPANY A WESTERN WORLD INSURANCE CO. LETTER COMPANY B LETTER COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER ....... [Q) INSURED 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 BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DDNY) DATE (MM/DDNY) LIMITS NGL08677 10/25/94 GENERAL AGGREGATE '. $.. E;. ~ <:) .'. .99.~ . . 10/25/95 PRODUCTS-COMP/OP AGG. : $ 500,000 PERSONAL & ADV. INJURY :.~.~.().~.~.~.~<:) EACH OCCURRENCE $ 500 , 000 FIRE DAMAGE (Anyone fire) ....:..$.....~~.,..9.().~ 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 BY_ BODILY INJURY (Per person) o ,h,T E ~~I'!\TR: N / A -L- YES____ BODILY INJURY (Per accident) PROPERTY DAMAGE EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE AGGREGA TE WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY EACH ACCIDENT DISEASE- POLICY LIMIT DISEASE- EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER IS ALSO NAMED ADDITIONAL INSURED ATIMA :::~~,.tl~IQA~:::Hc>~g~::'::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::j:::::::::j:j:::::j:.::::::::::':::.j:qAl\IqgWAPQ~:::::::j::::::::::::::::::::::::::::.:.:........ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 5100 COLLEGE ROAD KBY WEST FL 33040 ::\: AUTHORIZED REPRESENTATIVE :.AP9"t;t:~~~~I(?i~qf/:.::<::>><:::>:;:;: : . <;: ~~~gp....W......~~G~.f!.~.J;Y I\",il 21. 14)fJJ 15& I'rinting ARCJIITECTS.EltRORS AND OJ\tIISSIONS LIAIIILI'rY INSUltJ\NCE Ill~QUIREMEN'rS 14'0 It CONrrl{ACT MARPJ.TI-iOr<r PUBLIC }' ~TH illJIT BE1"\VEEN .MONROE COUN1Y, FLOI{IDJ\ AND BEtIDER & ASSOCIATES ARCHITECTS, P. A. Recognizing that the work governed by this contract involves the furnishing of architectural services, the Contractor shall purchase and Inaintaill, lhr()ughout the life of Lhe contract, Architects Errors and Omissions Liabifity Insurance which will respond to danlages resulting fronl any claim arising out of the performance of professional services or any error or onlission of the Contractor arising out of work governed by this contract. '''he nlinimum limits ofliabiIity shaH be: $250,000 per Occurrencel$500,OOO Aggregate ^dll1ini~1rali...c Inslruc..1iun ^I~O I fI.170? J 40 r I ~"t"l~ ~~~ f PRODUCER Broker I Capital Assurance Services, Inc. : 2700 Westhall Lane, Suite 210 : Maitland, FL 32751-7299 Agent CMI International, Inc. 6161 Blue Lagoon Drive, Ste. 420 Miami, FL 33126 INSURED ISSUE DATE (MM/DD/YY) 6-30-95 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 f~T~~~NY A Steadfast Insurance Company f~T~~NY B APP~D BY RISK M~NAGfMENT (~-----'" (.... -. - I /-0. I .r :Tt 1~'l'JfJ;'I;ft;F- WAIVElf: ",_ V YES Bender & Associates Architects PA 720 Caroline Street Key West, FL 33040 f~T~~~NY C f~T~~~NY D f~T~~~NY E ! COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ~-~~~'~~"';'-'-"-~~-.r~'~^'~".~<~~'cr""\~~~~"~_~""""";'~l:<'~'''''';,j}'-W~~:%j'1O;~;,"""~___,,,,,.,:.~,,,,,.;,_~~,",,,,'*"~__C"~~""~;;''''~'''''_~~'~. GENERAL AGGREGATE $ PRODUCTS-COM PlOP AGG. $ PERSONAL & ADV. INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Anyone fire) $ MED. EXPENSE (Anyone person) $ CLAIMS MADE OCCUR. OWNER'S & CONTRACTOR'S PROTo AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY COMBINED SINGLE $ LIMIT BODIL Y INJURY $ (Per person) BODIL Y INJURY $ (Per accident) PROPERTY DAMAGE EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE AGGREGATE $ $ A OTHER Professional Liability STATUTORY LIMITS EACH ACCIDENT $ DISEASE-POLICY LIMIT $ DISEASE-EACH EMPLOYEE $ WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY EOC 7994721-01 1-5-95 1-5-96 $1,000,000 Each Claim $1,000,000 Aggregate ($10,000 Ded/Claim) DESCRIPTION OF OPERA TIONS/LOCA TIONS/VEHICLES/SPECIAL ITEMS THIS IS A CLAIMS MADE POLICY. ~OVERAGE APPLIES ONLY TO THOSE CLAIMSD WHICH FIRST OCCUR AND ARE FIRST REPORTED TO THE COMPANY DURING THE POLICY TERM. CERTIFICATE HOLDER CANCELLATION Monroe County, Board of County Commissioner~HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 310 Fleming Street EXPIRATION DATE THEREOF, THE ISSUING COMPAN~__.wILL ENDEAVOR TO Key West, FL 33040 MAIL --3.(L DAYS WRITTEN NOTICE TO T~_ CERTIFtCt4:fE HOLDER NAMED TO THE LEFT, B ILURE TO MAIL S CH NOTICE SHALL IMPOSE NO OBLIGATION OR L1ABI OF ANY KIND UPON T COM , TS AGENTS OR REPRESENTATIVES. AUT I_ACORD 25-8 (7/90) ^1)riJ 22. J CJ9J Isll'rin'in!~ WORI(ERS' COMPENSATION INSURANCE REQUIREMENrrS FOR CONTRACl' ~fARATHOrJ PUBLIC HEALTH illJIT BETWEEN MONI{OE COUNTY, FLORIDA AND BErJDER & ASSOCIATES ARCHITECTS, P :A. Prior to the conlmencement of work governed by tltis contract, the Contractor shall obtain Workers' Compensation Insurance with li.nits suJIicicnt to respond to Florida Statute 4.tl0. In addition, the Contractor shall obtain Enlploycrs. Liability Insurance with lilnits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Discasc~ policy linlits $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 cORlpany or companies authorized to transact business in the state ofI;Jorida and the company or cOlnpamcs rnust maintain a nlini,Dum rating of A-VI, as assigned by the A.M. Best Company. If the Contractor has been approved by the Florida's Department of Labor, as an authorized sclf- insurer. the County shall recognize and honor tile Contractors status. TIle Contractor olay be required to submit a Letter of Authorization issued by the DepartlDent of Labor and a Certificate of I nsurance, providing details on the Contractor's Excess Insurance Program. I f the Contractor participates in a self-insurance fund, a Certificate of I nsurancc will be required. In addition, tIle Contractor may be required to submit updated financial statements fronl the fund upon request from the County. Adnlinistrativc ~1nJ\.1ion 114709.1 wel XI April 22. I C)C) J hd l'rin&inc VEIIICLE LIABII.lITY INSURANCE REQUIREMENTS FOI{ CONTIMCT MARATHOrJ PUBLIC HJ~TH illJIT 8ErlWEEN MONROE COUNTY, FLORIDA AND BEI'IDER & ASSOCIATES ARCHITl~CTS , 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 JJjability Insurance. Coverage shaH be rnaintaincd througllout the life of the contract and include, as a nliniJnum.. liability coverage for: · Owned, Non-Owned, and llircd Vehicles The tninimum limits acceptable shaH be: $300,000 COlnbined Single Limit (CSL) If split limits arc provided, tile minimum linlits acceptable shall be: $100..000 per Person $300..000 per Occurrence $ 50,000 Property Dmnage rrhc Monroe County Board of County Conllnissioners shaH be nanlcd as Additional Insured on all policies issued to satisfy the above rcquirenlcnts. Adnlinistrah\'c In.c;tnn.1ion VL2 f/470'J.l 76 ... ,................................ ......... ............................. << ... ....1.1. ::;} ~.... . .. PRODUCER CHI INTERNATIONAL, INC. LEIGH W. MCCREARY 6161 BLUE LAGOON DR SOITE 420 MIAMI FL 33126 .::::::::::::::::::::::::::::::::::::::::::::;:::;:::;:;:::::::::;:::::::::::::::;:::;:::::::;:::::;:::;:::::;:::::;:::;:::::::;:::::::::::::::::::::::;:::::::::::::::;:::::;:;:::::::::::::::::::;:::::::::::::::;:;:::::;:;:::::::::::::::::::::::::::::;:::::::;:::::::::::::::;:::::;:::::::;:::;:;:::::;:::::;:;::::'. :::;:::::::::::;:::::::::;:;:::;:::;:::::;:::::::::::::::::::::;:::::;:::::::;:::::: :::::;:::::::::::;:::;:::::::;:::::::::;:::::;:::::;:::::::::;:::::::;:;:::;::::::::::::::::::.:........ .........0&111111..1&le.I.9I.1R.III1................................... ...................................................t$$............ ........ .iSSUE.OATE. (MMiooNV).. . '';':-;':'. .':-. . . . . : . .';'. . :':-. . :-:.: .'. . :-:-:::.<:>:::.-::<::-::::::::<::::.::>::::-:::-::>:;::::>;:.;.;:::::.;;::::;::<:;;::!:;:):::{i::::::::)::<:{/:)::::::)i\:\:):::):Y::)\::::::{:::i::>>>>>>>>>>>:<<<<<<<<<<BBNDBRD: 06/2 7 /95 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. Leigh W. McCreary 266-9954 COMPANIES AFFORDING COVERAGE Bender & Associates Architects Barbara Arthur 720 Caroline Street Key West FL 33040 COMPANY A LETTER COMPANY B LETTER COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER FLORIDA RETAIL FEDERATION Appp'()\,'tD 'f3\;'RI sf<' MANAGtMtNT ~--.~W RyU/;C..J,JA~ ,_/ / (f d ~,,/ OAlE11l!I> ....... . / .WA tVE't.. .. N I A. . YES. INSURED 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 BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LlM ITS DATE (MM/DDIYY) DATE (MM/DDIYY) GENERAL AGGREGATE PRODUCTS-COMP/OP AGG. PERSONAL & ADV. INJURY EACH OCCURRENCE FIRE DAMAGE (Anyone fire) MED. EXPENSE (Anyone COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODIL Y INJURY (Per accident) PROPERTY DAMAGE EACH OCCURRENCE AGGREGATE 01/01/95 01/01/96 X EACH ACCIDENT $100 000 DISEASE- POLICY LIMIT $ 500 000 DISEASE- EACH EMPLOYEE $ 100,000 OCCUR. AUTOMOBilE LIABilITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM A WORKER'S COMPENSATION 0520150560000 AND EMPLOYERS'LlABILlTY OTHER DESCRIPTION OF OPERATIONS/lOCATIONSNEHICLES/SPECIAl ITEMS :::bgijtJfiQA.i::ijQ~p~:::::::::::::::::::::::;;:::::::;::::::;;:::::::::::;::::::::::::::;:::::;;:::::::::::::::::::::;:::::::::::;:::;::::::::::::::::::::::::::::;:::::::::::::::::::::::.':':::'::GAN~~tt.ATIQN::::::::::::::::;:::::::::::::::::.:.:........ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 310 FLEMING STREET KEY WEST FL 33040 >:< AUTHORIZED REPRESENTATIVE ~ W(Y)eCIln ::;:>i}U./).\;;./:.);./.:...:.::.......))))}~J\eoitfc6Rf(::. . . . .. .................................................................... . ... . ..,................."... ::APQ8P:;:~$8$;::(:'11$91.i:.....::.;;::;:;:.:;:;::::::;:..::.... . . .:i:V<~.~.!.~~.....W..........~9.~~.45t.~....... ThePrudentlal ~.. Prudenti'" """operty and Casual,~~ Insurant mpany and Affiliatea Companl~w ' Sub,~;diaries of T~e PrlAQ8J:lt,,~1 Insur,ance Company of Am~';c8 II ,I ~III~ III [~.. ,:~~ 11111 UI~ I1III1 HIIIII_II~ IIIII~ IIIII1 :Re'newal Billing Statement Car Policy Policy Number, \' ,394A652282'-7 ::~::!:;:~:i:!i:~~vrn;~;rj;~'::::::;: )::::)~Due':{O:ate':: 06/03/95 P. O. Box 2627 Jacksonville, FL 32232 . I '1 Bill To: 'Bender~ Nancy., G Db'a Bender & ' As's'~~g .1.~Rt.",Arch i te~.~s Pa 619 El izabeth Street Key West FL 33040-6874 Account Balance as 9J,: 05/011.9.5, ::t1: 211 0 5,' l.:;;:~ r ~ ~ n OV Prior Balance ::CiJrrent ',;.' ::BaJariae: " ' ',i::~c116~!:!ji".:.:i:.i'.i"::.BH~:~~~':,:,'.'..:;i:.:':..i':#.fy~~R&:,':: .... 0.00 8 1 1 . 00 0.00 8 11 . 00 e 11 . 00 0.00 A 2.00 service c arge IS Inc than Full Payment. ~'; No installment serv'ice charge appl i,es to this paymen~\lpla'n. opt Ions ot er ' 1 .l 'H"'" 1. l't, To make changes to your policy or obtain billing information, call: "" ,'.. .. ,..., . .............:;~Yt~ffl~..iN~To$i1~NT~dNCpp[J~.A'~:$.~RV~CE...CHARGE ., \, I ,~ full Two Four Payment Options Payment Payment Payment Initial Amount Due 8 1 1 . 00 408.00 205J!.OO Remaining Installments 3 Installments including ,'c service cha'~'e 'o'f S 1 40,5 . 00 204.00 ARTHUR G DRINKWATER Your Prudent jaIl Representat i ve~ , at. · · . . · · · · · · . . . . . . . . . . . . . . 1- 305-670-0088 ore 1 i en t S e r vices at....... 1 ~'e'60-4 3'7'-5556 To report a claim, call. . . . . . . . . . ..1-800-437-3535 Next Bill t.o be sent 07/'15/95 06/21/95 :~p~~eXj:::p'ij#.Nqi::i:M~X..::i~~pT'f"T9B~!:.:>i!Pi!j;$:ANQ:t)~TES Look for other messages on the re:v'erse. 'I~m' I , , Thank you f,or insuring with The I Prudential., ."1\1' S'i~PP~~S~LI vY;~~/ , '7 ~d7~j'--5 YES /1 1, l'i' '" T E '''T~: Nl.~ '. ThePrudentlal ~ ...... Prudent. Pro'pertyand Casu,'llY" Insura ..;ompany":.. IIW ~r' ",.' ..~~IUI 11111111111111111111111111 P. Q. Box 2627 Jacksonville, FL 32232 'A Sub~idt'at~ of 'The: P~Ud8ni'i.f~ Ins~r80C. Company of America Car 'Policy Renewal Declarations Policy ~umber: 39. 4A652282 Agency Data: 753449 5 CGAB. 806 Client Services 1-800-437-5556 Claims 1-800-437-3535 Named Insured and P.O. Address Bende~ Nancy G Dba Bender,~ D"e'l'a'une'I"'Arch r'tects PA I 619 E1izabeth"Sireet Key West'l FL 33040-6874 I , This policy period covers 6 months, from 06/03/95 to "12/03/95, 12:01 A.M. at pJ ace of' gara,g i ng. Listed below are names and birth dates.of,.l,icensed drivers resident in your household. 1 Sender Nancy Groff ~9/1~/50 2 Bender Bert Lesl ie 07/30/47 , Listed below are the, cars covered by your po,lnJcy, , CAR YEAR MAKE MODEL BODY TYPE, VEHICLE 10 NUMBER TERRITORY SYMBOL I . I I.,.., , .1 of CLASS CODE 2 1985 1992 Ford Escort GL Wagon 40 M j tsub,i sh i' Ec 1 ipse G Hchbk 3D 2FABP3599FB271813 4A3CS54U7NE'09,9294 I 036 03611 6 J 711120 811320 I Listed below are your pol icy.coverag~s~, limits and premiums. . If a premium charge does not appear, ~hat c'oVerage is not provided. f COVERAGES LIMITS PREMIUMS Car, 1 Car 2 Bod) 1 y ,l.,njury $ 96' fJ $ 118 Each Person S 100,000 Each Accident S 300,000 Property Damage $\: 3,9 $, 50 I Each Accident $ 50,000 Uninsured Motorists, S 76 $ 76 Bod i 1 Y I nj ury Each Person $ ~OO,OOO Each Accident S .300,000 " II Personal Injury Prot~ction S 33 S 38 Co 1 1 is ion ' '..n,' Deductible - $ 250 $ 40 $ 132 Comprehensive I. " .,~ , t,1 I Deductible - S 250 $ 14 $ 93 Towing - $50 Each Disablement $' 3 I $ 3 " ------ ------ t TOTAL PREMIUM PER CAR $ 30.1 I, $ 510 TOTAL POLICY PREMIUM, S 811 i " PAC 681 ED. 1/90 I P'AGE'" 1 Af.13-001786 "., 'II' r Po 1 i cy Number ,394A652282 "l I" Your policy is made up of you,r.",~,pp,l.j,ca,~ion" your most'recen~ Declarations, and the forms and endorsements 1 is~ed below'. Forms anq endor'sements b~ing made part ,of yo~r pol icy with this transaction ,are provided in separate booklets or are indexed and reproduced I , on pages which follow. FORM EDITION NUMBER DATE ',,, PAC 186 4/86 PAC 226/FL 05/92 PAC 190/FL 4/87 POL I CY FORMS, AND KANDATORY ENDORSEMENTS, I I Car" Po"l i c'y', P~r ts 1, 2, and 31 Applicable 'p61fcy' parts are those for which a prehli'um charge ,is shown in the Declarations. F lor i 'd aSp e cia 1 S tat e P r ov i s i \0 n s v Car Pol icy, Par t S' " 4, 6" and 7 ' Appl'icable pol icVnt'parts are those f'or which a premium charge is shown in the Declarations. I ,1." ,v, 1 If , OTHER CHARG~S &.CREDITS . . ,. I The Deluxe Package 'Discount applies to your pol icy.' The Multi-Car Discount applies to your pol,aicy. A Sa f e t y Dev ice 0 i scoun t app 1 i"es to Ca'r (s) 2''''m' A n Ant i - Lac k Bra keD i s co un tap p' lie,s ~ 0 'I Car (s)! 2. Listed below a~e the Loss Pay~ei/Add,itf6nal Interests p~ese~t'on the pol icy. . . CAR 2 Barnett Bank 1010 Kennedy Dr Key West FL 330i40 Listed below are I~portant Mes~~ges about ~bur pol icy. Persona 1 Injury Protectl'on Option I Your policy is free of any accident, convi'ction or i'nexperienced driver surcha'rge. IMPORTANT: Your pol'icy premium may have chang'ed due to rating by make and!model of your car. Ple~se check the vehicle description shown~ The "Stacking" referred to in PAC 4/FL, 'UNIN5'URED MOTORISrrS, applies to all .rears 1 i s t ed 0 nth e po 1 icy. !Un\l' I THE COMPANY MUST RECEIVE,;YOUR PREMIUM PAYMENT BY' THE EFFECTIVE' DATE OF YOUR RENEWAL FOR COVERAG~E; TO CONT I NU,E., YOUR C~IEC.K, OR" MONEY-ORDER W.I,lL" NOT BE Jt[).EEMED PAYMENT UN,b~ESS' HONORi-t) BY YOUR BANK. I I I, . II I " , , \ I A G: DRINKWATER LI'AGENT PAC 681 ED. 1/90 ""1\" P,AGE 2 950603950501 =:!J ThePrudentlal ~ ~ Prudenti'" ~"operty and . Casual~nj! In~uran( m'pany and Affiliatea Compan.,,".., .1 ~~W ~W r.... ::IIIIII~11 U~ nil Ullll~ III~ IIIII~ WI ~II 0.00 8 1 1 . 00 0.00 8 1 1 . 00 .:.: ;.l;'~". P. Q. Box 2627 Jacksonville, FL 32232 Sub,~jdiarjes of Tpe P~~de.,tJ", Insur.nce Company of America '/'lnll' , Renewal Billing Statement Car Policy . Policy Number ' 394A652282":'7' ..'i::::.Wlf3Ii!.i!.: 06/03/9.5 :tt" 211 0 5- L -5---~ S- ~ ~ l/ Oi) , , I B i 11 To: . Bender~ Nancy,.G Dba Bender & As's'oc~ .'1,'.~~, 'f.,Arch i tec:t:s Pa 619 El izabeth Street Key ~est FL 33040-6874 Account Balance as of: 05/01/95 Prior Balance 0.00 8 1 1 . 00 .':.:~Zffit~~~~~:!:...:i:'!.:::.:!!!:i..:,-.i.i.~~J,~~~.!::.:".,.::..!::!;:::.::::.::::....:~:;j~~~;.:r:.'.,~::i:;J A serv Ice c arge t;S I nc t h a n F u 1 ~t! P a ymen t . I. 'v ~'~ N 6 \ ins tal 1 men t,s e r v 'I c e c h a r 9 e' a p p 1 i e s. tot his p a ym e nt' , p 1 a'n . opt I.ons ot lU"\I! I I I I. 1.,,-1 ARTHUR G DRINKWATER Your Prudent i a 1 Representati ve~. . , at. · · · . · · · · · · · . . . . . . . . . . . . . 1 - 306 - 6 7 0 - 0 0 8 8 ore 1 j en t S e r vie es at....... 1 ~8dd-4 3']'- 5556 To report a claim, call. . . . . . . .'. . . . 1-800-437- 3535 . 00..,. ....,....... of.........,.. ....' ..,.... _, .... ;r:..:..:..;~qtQ~~..::iN;@~gNt~,:iNb~qp~!::*:!:$.t;RV~~#~R(;~). : ....... .. ....:-:.;.:.:-.-:::<.:.:-: :'';: -:-:-:-:.:.:::::.::::;-::::::::::;:.:::.::::;.:-:;::: ::: ::.......::::.:.:;::::::.;... '.' .... ........ ;>.;:.;:-::.::......;.;.::;.;.;;.>::-:::-:::;.: ;". .':::;'..:.. ;:,.;::..;.'.. :-.':' . ... I Full Two Four Payment Options Payment Payment Payment To make changes to your policy or obtain billing information, call: , . .Initial Amount Due . t. I . " : ,811.00 408.00 205.00 Remaining Installments Installments including service charge of $11 t, ,1. 3 -;'c 405.00 204.00 Next Bill to be sent 07/15/95 06/21/95 ::~p~ip'x.:.::pij~N:9~~:!:::~~X::::~i.ffl9!:ftJT9R~)i#i.r~:~Q:1);<<TES ... Look for other messages on ,the reyerse. Thank you for insuring' with The, Prudential. "..nt! 'I I , . ~entlal ~ I 1111111 11111 9a11111 11111 11111 11111 ~IIIIIIIII"~ IIIIIIII~ 11111 11111111111111111111111 Prudenti:.aroperty and Casualty Insuranc '. . ompany '<<"" I I P. O. Box 2627 Jacksonville, FL 32232 1-800-437-5556 A Subsidiary of The Prudential Insurance Company of Arner i ca !~. ,I Bender Nancy G Dba Bender & Delaune Architects PA 619 El izabeth Street Key West FL 3~'040'-6874 AE13-001782 , PLEASE DO NOT DISCARD AUTO .10 CARDS ATTACHED BELOW I. , ~, / ., I I '.-. .. ....... ............................................................................................... ~ FLORIDA'AUTO INSURANCE ThePrudentlal ~. IDENTIFICATION CARD ~ Policy No. Co. Code Effective Date 394A652282-01646 06/03/95 .;'X! Personal Injury Protectionl 'Xl BOd~~y Injury '--1 Property Damage Liability ~ liability ~ va> .r:. :; U I 8 5 FOR 0 2 F A B P 3599 F B,2 7 1 8 1 3 92 MITSUBISHI 4A3CS54U7NE099294 Named Insured BENDER NANCY G DBA BENDER & Not va lid for more than one year from effect ive date PAC 143/FL E 10/92 '''m, , Cut Here .-...... .............................a......a_................._...................... ThePrudentlal ~ . ~ Policy No. Co. Code' 394A652282-01646 Xi Personal Injury Protection/ -- .' Property Damage Liability FLORIDA AUTO INSURANCE IDENTIFICATION CARD Effective Date 06/03/95 'Xl Bodily Injury ~ liability CI> , Q; .r:. :; U 8S FORD 2FABP3599FB271813 92 MITSUBrSHr 4A3CS54U7Nf.099294 Named Insured BENDER NANCY G DBA BENDER & Not val id for more than one year from effective date oJ AC 143/FL E 10/92 , . . - , - . - - -- - - - - . , . ... -.. - - - - . -- - - . -.. - - - -- - - ... Cut Her e .................. _.............................. . .. ... .:. 07/24/95 lS:53 FAX 1+305 296 2727 BENDER ASSOC III 001 JUL..24-1995 14~34 PUR- Ie w:RJCS [g] P.a;} April 14 199) ..~ --.... MONRO.8 CO~NTY. 'LOIUDA 8eqbe!lt ..... Waiver of 1..13IIU .....I".n'l.. 1 ~ JliI.JCqIIeIICd - tJac I...~~ ~I 3S spec:illal ill the Coualyc SckduIc or JasIaraDcc ~~__ be WIhw:d or ftIOdjrltAl oa dle tbuGWlftC goqtnd. CMd~ ~.' BErIDER be ASSOCIATES ARCHITa:rs, P.A. ~far; Architectural Services for Marathon Public H~alth Unit ~ ofCanlr8dor: 720 Caroline Street. Kay West, FL 33040 Pac ScDPc orWGrk:. (305) 296-1347 Architectural Services ~.w~ We wera informed by my insurance company (Prudentiul) .~; chat since the Board of C~issioners has no financial int~r~st in thifL v~iclC 110r is it leasinG the vellicle, Si......-.ot4'----- it (BOCC) cannot be listed as an additional insured. _.~- ~~ J : , . .. ~. .)<::' Not Appnmxl ..~..~, QiI~ ~ AcbiDiSlraaor appeal: AppnMd: Not Approwod: Date: s-ntor~ Canuaiaioaas ~ ApptUYCd: NOl Approved: ...... Do~; WAIVER TOTAL P. B2 07/24/95 14;30 TX/RX NO.006S P . 002 . 07/~6/95 12:07 tJ904 PRUPAC CLIENT SV flJ 001/001 FAX Topsheet MONROE COUNTY Prudential Property and Casudy InlUtanee Comgeny CONsTRUCTION ~~ PNdential Gener.IIlnsurance Company ...... rz -~ ~~ PudentiaI ~iaIlnG\Jl'&nCe C~y --. I ~.: ~ ~ Subsluiatlea of The Pn.IUenIfaIlnsutanee Company of Amerlce ~~ PLEASE WElITE IN SLACK PEN ONLY Document to be sent to: Name: L.A f'\(\ \) \ C ~~(...\\)n , . Phone Number: ~ "- ROC/Company: FAX Number: 3()S ~ :J. q:i, - l\ ~'S l Number of Pages: Qncluding topsheet) ~ sende~e1) ~ P&c aient Servia Office Machine No. (904) 391-3640 Phone: 1-800-437-5556 Hours: Monday Tuesday - Friday 8:45 - 4:30 8:30 - 5:00 Sent by: Comments N)s ~. ~; ~~ Comb 58316 (SC) (10194) (.) 11 November 1993 II Bender & . Delaune Architects, p.a. 720 caroline street key westt florida 33040 305 . 296 . 1347 Donna Perez Board of County': Commissioners Monroe Co~nty . v Public Service Building Stock Island Key West, FL 33040 Re: Automobile Insurance - Benc;ier & Delaune Arclhftects~, P .A. FL License, I ^^ COO2022 Dear Donna: Per our 'telephone conversations, enclosed is a copy of the Amended De~laration Page and Automobile Identification Card for my personal automobile adding d/b/a Bender & Delaune Architects, P · A. We have' inqui'red as ,to adding the .Board of' Commis's.loners as additional insured and have been informed that since the Board of Commissioners has no' financial interest in t'his v'ehicle nor is it leasin'g the vehicle,' 'it, cannot be listed as an! 'additional insured. Please call if you you need anything further. d v BLB:bka Enclosure !I"'Y\!' . EXHIBIT B 2 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE BErJDER & ASSOCIATES ARCHITECTS, P. A. BERT L. BE1\1DER, PRESIDENT 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 provision 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. -A: ~---- (signature) Date: 6/28/95 STATE OF FT J)RTnn. COUNTY OF MOrJROE Subscribed and sworn to (or affirmed) before me on 6/28/95 (date) by BJ~RT L. BErJDER (name of affiant). He/Slm is personally known to me or has produced (type of identification) as identification. ~\\,'\HIHIIJIII' -;..,\\\~~P..A K. A 11111" ~, '0.'\..". 0 fie.. o. It 1'/,' .I,,'.... ~ ~\. e e. /~# .#; ~ ~ (llf ~\~\\SS/OI1 ~ ......~ ~ ~ lit ,,->' _ 12 ~ a. ~ ~ .::- .8~ ~ ..~ ~8. ~ =*: l" c.n: :: =~ : :;aa..~, : * = ~'B.\. ~ #ce 470943 : ~~ ~.~ e. ~ & "fJ~ ~~_.., r~~I)~ed t\\'.~~~q,...~ ~ ~ 4 ... aln.ltlS\l\~~.. ~v ~~ ~"(/b/ t....... ^'< ~ '"1'1// ..../C, SrA\t. \")~,\,,, 1111111 II U,,"\" S\VORN ST A TEl\IENT PURSUANT TO SECTION 287.133(3)(8), FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES TillS FORI\ll\lUST BE SIGNED AND S\VORN 'fO IN TilE PRESENCE OF A NOTARY PUBLIC OR OTIIER OFFICIAL AUTIIORIZED TO ADMINISTER OATIIS.\ This sworn statcmcnt is submiUal to MOrJROE COUl'JT)~, BOARD OF comM: :.COMMISSIO~J1~RS [print name 'of the pubUc entity] , HEH'll L. Hl~r~DER, PRESIJJENT' (print individuaf's'name'land title] by for BErJDl~R & ASSOCIATl~S ARCHITI~~TS, P. A. . [print name of entity submitting sworn statement] whosc business address is . 'I. 720 CAROLIrJE STRl~ET, KE)~ Wl~ST, FL 33040 and (if applicahle) its Federal Employer Identificatio~ Number (FEIN) is" 65-0233075 (If the entity has no FEIN, include the Social Security Number of the individual signing this s\vorn statenlcnt: .) I understand that a "public entity erinle" as defined in Paragraph 2H7.J33(1)(g), Florida Statutes. .cans a violation of any state or Ccderallaw by a person with respect to and directly related to the transacti.. .rbusiness \vith any public entity or witb an ,agency or p,oliti~.I,subdivisiC)n orany other state or of the United Stata,including, but not limited to, any bid or con,tract for gqods or seryic.~ to he provided to any public entity or _ ageacy or political suhdi,'ision of any other! state' or of the United States and involving antitrust, fraud, tlleft, bribery, collusion, racketeering, conspirac~, or m,aterial misrepresentatio'n. I understand that "conyicted" or "convictio~" as defined in Paragraph 287.133(J)(b), Florida Statata, means a finding of guilt or a conviction uf a public entity crime, with or without an adjudication of guilt, in OJ' federal or statc trial court of record rclating to charges brought by indictment or information after July 1, 198, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty ur nolo contendere. 1 understand that an ,,'~rfiliate" a~ dCfi,ncd in'Paragraph 287.133(1)(a), Florida SlaJules, means: 1. A predeccssor or succcssor of a person convicted of a public entity crime; or 2. An cntity undcr ,the contrul of any natural person who is active in the management of the entity'" who has been con\'icfcd of a public entity crime. Thc term "affiliate" includes those officers, directors, clecutiws, partners, sharcholders, enlplo:)'ces, members, and agents who arc actiye in 'he Inanagement of an affiliatc. TbeoWMrship hy one persun of shares constituting a controlling interest in ano'her person, or poolin~ of cquipmCllt or income amon~ persons \vhen not for fair ptarket value under an arm's lengfh agreement, shall be a prima fade case that olle persun controls anofher pcrson. ,A (lCFson \vho knowingly enters into a joint venture with a perwn who has heen convicfed of a public cntity crime in Florida during the preceding 36 monllls shall be considered an affiliate. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any D...ral person or entity organized under the la\ys of any state o~~of the 'United States witll the legal power-to entcr i.e. a binding contract and \vhich hids or appdes '0 bid on contracts for the provision uf goods or services let by. pllblic entity, or which uCher\vise transacts or allplics '0 transact husiness with a public cntity. The term "person" i.ludes those officers, <<;firectors, execu'i,'es" PJ~rfne~~ shareholders, enlployccs, memhers, and agents who are active in managcnlcllt of an entity. 1.2.3.4.5. · Based on information and belief, the statement which I have marked below is true in relation to the entity suhntitting this s\vorn statement. (Indicate which statement applies.) ---X--- Ncither the entity submitting this s\vorn statenlcnt, nor any or its officers, directors, exccutives, partners, shareholders, enlployees, members, or agents who.a~e active in the management orChe entity, nor any affiliate of the entity has been charged wi:h and convicted of a public entity crhnc subsequent to July I, 1989. _ The entity sulnnitting this s\vorn statement, nor any of its officers, directors, executives, partners, shareholders, em ployecs, mcm bers, or agents lvho are active in the management of the entity, nor an affiliate or the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. _ TI~c entity subnlitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, enlployees, members, or agents \vl1o are active in the management of the entity, or an affiliate of the entity has been charged ,vitll and convicted of a public entity crime subsequent to July 1, 1989. Ilo\vcvcr, there has becn a subscquent proceeding before a Hcaring Officer of the State of Florida, Division of AdlllinisCrative Ilearings and the Final Order entered by the Ilearing Officer determined that it was not in the public intcrest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order) 6. I UNDERSTAND TIIA T TIlE SUBMISSION OF TIllS FORl\t TO THE CONTRACTING OFFICER FOR TIlE PUBLIC ENTITY IDENTIFIED ON PARAGRAPI-II (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, TIIATTIIIS FORI\'IISVALIDTIIROUGH DECEMBER31 OFTIIECALENDAR YEAR IN \VIJICIIIT IS FILED. I ALSO UNDERSTAND TI-IAT I AM REQUIRED TO INFORM TIlE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF TilE TJIRESHOLD Al\'IOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTA:NED ~O~ _ ~ ~. . (signature) , Sworn to and subscribed before me this 28t11 day of Jul V' , 19 9S Personally known x OR Produced idcntifica'ion FLORIDA (Type of identification) ,+" Form rUR 7068 (Rev. 06/11/92)