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10/20/1993 THE AMERICAN INS TIT UTE o F ARCHITECTS . AlA Document B151 Abbreviated Form of Agreement Between Owner and Architect for Construction Projects of Limited Scope 1987 EDITION THIS DC)CUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN A TTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICA TION. AGREEMENT made as of the Nineteen Hundlred and dO~ day of October in the year of ninety-three. BETWEEN the'Owner: (Name and address) BOARD OF COillJT)~ CO~ISSIOrJERS County of Monroe 500 Whitehead Street Key West, FL 33040 -.....,. ~ -11 rr1 2: CJ CJ .."~ ~';::: N .....-' .."~ ..::::.. .- ..~.".J ':~::J U ,._~ ~ --.to ::J "A'"J -..J :'.:J ~;{ ,~ z .......... - .. and the Architect: (Name and address) BErID]~R & DELAillJE ARCHITECTS, P. A. 720 Caroline Street Key West, FL 33040 For the followirlg Project: (Include detailed descnjJtion of Project, location, address and scope.) Renovation of the SHERIFF'S SUBSTATIOrJ ArID TAX COLLECTOR'S OFFICE Courthouse Annex Marathon, Florida The Owner and. Architect agree as set forth below. Copyright 1974,1978, @ 1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright la~Ts of the United States and will be subject to legal prosecution. AlA DOCUMENT 8151 · ABBREVIATED OWNER-ARCHITECT AGREEMENT. THIRD EDITION. AIA@ . @ 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8151-1987 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. TERMS .AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITEC:T'S SERVICES 1.1.1 The Architect's services consist of those services per- formed by the Architect, Architect's employees and Architect's consultants as enulnerated in Articles 2 and 3 of this Agreement and any other services included in Article 12. 1.1.2 The Architect's services shall be performed as expedi- tiously as is consistent with professional skill and care and the orderly progress of the Work. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ~'RCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1. The Architect's Basic Services consist of those described under the three phases identified below, any other services identified in Article 12, and include normal structural, mechani- cal and electrical engineering services. 2.2 DESIGN P."ASE 2.2.1 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.2 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Design Documents con- sisting of drawings and other documents appropriate for the Project, and shall submit to the Owner a preliminary estimate of Construction Cost. 2.3 CONSTRU<:TION DOCUMENTS PHASE 2.3.1 Based on the approved Design Documents, the Architect shall prepare, for approval by the Owner, Construction Docu- ments consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project and shall advise the ()wner of any adjustments to previous preliminary estimates of Construction Cost. 2.3.2 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.3.3 Unless provided in Article 12, the Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.4 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.4.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the earlier of issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work. 2.4.2 The Architect shall provide administration of the Con- tract for Construction as set forth below and in the edition of AlA Document A20I, General Conditions of the Contract for Construction, current as of the date of this Agreement. 2.4.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shall not be unreasonably withheld. 2.4.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due and (2) as an Additional Ser- vice at the Owner's direction from time to time during the cor- rection period described in the Contract for Construction. 2.4.5 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Owner and Architect in writing to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a man- ner indicating that the Work when completed will be in accor- dance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of on-site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work. (J1;lore extensiz 'e site representation may be agreed to as an Additional Serz'ice, as described in Paragraph 3.2.) 2.4.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these 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. 2.4.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.4.8 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the amounts due the Contractor. 2.4.9 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's obser..: vations at the site as provided in Subparagraph 2.4.5 and on the AlA DOCUMENT 8151 · ABBREVIATED OWNER-ARCHITECT AGREEMENT. THIRD EDITION. AIA@ . @ 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8151-1987 2 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. data comprising the Contractor's Application for Payment, that the Work, to the best of the Architect's knowledge, informa- tion and belief, has progressed to the point indicated and that quality of the Work is in accordance with the Contract Docu- ments. The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, tech- niques, sequences or procedures, (3) reviewed copies of requi- sitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contrac- tor's right to payment or (4) ascertained how or for what pur- pose the Contractor has used money previously paid on account of the Contract Sum. 2.4.10 The Architect shall have authority to reject Work which does not conform to the Contract Documents and will have authority to require additional inspection or testing of the Work whenever, in the Architect's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents. 2.4.11 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equip- ment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.4.12 The Architect shall prepare Change Orders and Con- struction Change Directives, with supporting documentation and data if authorized or confirmed in writing by the Owner as provided in Paragraphs 3.1 and 3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.4.13 The Architect shall conduct inspections to determine the dates of Substantial Completion and final completion and shall issue a final Certificate for Payment. 2.4.14 The Architect shall interpret and decide matters con- cerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. When making such inter- pretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. ARTICLE 3 ADDITIONAL SERVICES 3.1 Additional Services shall be provided if authorized or con- firmed in writing by the Owner or if included in Article 12, and they shall be paid for by the Owner as provided in this Agree- ment. Such Additional Services shall include, in addition to those described in Paragraphs 3.2 and 3.3, budget analysis, financial feasibility studies, planning surveys, environmental studies, measured drawings of existing conditions, coordina- tion of separate contractors or independent consultants, coor- dination of construction or project managers, detailed Con- struction Cost estimates, quantity surveys, interior design, plan- ning of tenant or rental spaces, inventories of materials or equipment, preparation of record drawings, and any other ser- vices not otherwise included in this Agreement under Basic Ser- vices or not customarily furnished in accordance with generally accepted architectural practice. 3.2 If more extensive representation at the site than is described in Subparagraph 2.4.5 is required, such additional project representation shall be provided and paid for as set forth in Articles 11 and 12. 3.3 As an Additional Service in connection with Change Orders and Construction Change Directives, the Architect shall prepare Drawings, Specifications and other documentation and data, evaluate Contractor's proposals, and provide any other services made necessary by such Change Orders and Construc- tion Change Directives. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information, including a pro- granl which shall set forth the Owner's objectives, schedule, constraints, budget with reasonable contingencies, and criteria. 4.2 The Owner shall furnish surveys describing physical char- acteristics, legal limitations and utility locations for the site of the Project, a written legal description of the site and the ser- vices of geotechnical engineers or other consultants when such services are requested by the Architect. 4.3 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.4 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by the Owner. 4.5 The foregoing services, information, surveys and reports shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.6 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.7 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least 14 days prior to execution. 3 8151-1987 AlA DOCUMENT 8151 . ABBREVIATED OWNER-ARCHITECT AGREEMENT · THIRD EDITION · AIA@ · @ 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1. 1 The Construction Cost shall be the total cost or esti- mated cost to the ()wner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Con- tractor's overhead and profit. In addition, a reasonable allow- ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and AJchitect's consultants, the costs of the land, rights-of-way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 It is recognized that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accord- ingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreenlent by the furnishing, proposal or establishment of a Project budget, unless a fixed limit has been agreed upon in writing and signed by the parties hereto. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 Any Project budget or fixed limit of Construction Cost may be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction I)ocuments to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a rea."onable time; .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge, shall modify the Con- tract Documents as necessary to comply with the flXed limit, if established as a condition of this Agreement. The modification of Contract Documlents shall be the limit of the Architect's responsibility arising out of the establishment of a flXed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. , ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in deroga- tion of the Architect's reserved rights. ARTICLE 7 ARBITRA TION 7.2 In no eve the date w n institution of legal or equitable roceedings based on ch claim, dispute or other matter in ques 'on would be barr by the applicable statutes of linlitations. 7.3 he award rendered by the arbitrator or arbitrators sh be f aI, and judgment may be entered upon it in accordance w applicable law in any court having jurisdiction thereof. ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party AlA DOCUMENT 8151 · ABBREVIATED OWNER-ARCHITECT AGREEMENT. THIRD EDITION. AIA@ . @ 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8151-1987 4 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the ter- mination. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for ser- vices performed prior to notice of such suspension. When the Project is resumed, the Archftect's compensation shall be equit- ably adjusted to provide for expenses incurred in the interrup- tion and resumption of the Architect's services. 8.3 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5 If the Owner fails to make payment when due the Archi- tect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance ofser- vices under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses. 8.7 Termination Expenses are in addition to compensation for Basic and Additional Services, and include expenses which are directly attributable to termination. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be gov- erned by the law of the principal place of business of the Architect. 9.2 Terms in this Agreement shall have the same meaning as those in AlA Document A201, General Conditions of the Con- tract for Construction, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall com- mence to run not later than either the date of Substantial Com- pletion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 9.4 The Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, but only to the extent covered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AlA Document A201, General Con- ditions of the Contract for Construction, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their contractors, consultants and agents. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, suc- cessors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other. 9.6 This Agreement represents the entire and integrated agree- ment between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either writ- ten or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contrac- tual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 The Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 9.9 included in this Agreement is Attachment "A", consisting of pages 1 through ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary con- tributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses include expenses incurred by the Architect in the interest of the Project for: .1 expense of transportation and living expenses in con- nection with out-of-~ travel authorized by the Owner; county ~ ~ .2 h~Qg di~t~vc~ ~9mQ;;PIQic~tiQni; ~ Ibl. .3 f@@~ patg for ~"cYriRg al0flr@Y~Ht1:lorities haYing j1lfiidictiQr ouer rhp PtQje('t;~,. ~L I\~ .4 reproductions;in e:x:cess of 25 copies; ~ V"v- .5 pgl>to.l8~ aRlit kafilolHRg gf DfrilV'K:1W; ;Ivd >}O'&:dfi<'?tiQQi; ~ .6 @l(I0@R~@ of oH@rtim@ VlTork r~qYiriRg nigb.er tn~R re~h ~ lar FQt@~, if QwtRoriz@g tJy tb.~ O~'1;:;).~I; .7 renderings and models requested by the Owner; .8 expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants; and .9 ~KptlQt;tl Qf ~Q~Fllt~r aiQ"d deli;gn ?VQ dr.;.lft;Qg P\;rlip ~()Srf- m@flt tifR@ ~Tb.@1A Y~~Q iQ. ~QQ.Q.~~tiQQ ~Titl~ tb~ PrQject ~ ~ 5 '8151-1987 AlA DOCUMENT 8151 -ABBREVIATED OWNER-ARCHITECT AGREEMENT - THIRD EDITION - AIA@ - @ 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- vices performed within each phase of service. 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is exceeded or ex- tended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2. 10.3.4 When compensation is based on a percentage of Con- struction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are per- formed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such por- tions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 10.4.1 Payments on account of the Architect's Additional Ser- vices and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall be made from the Architect's com- pensation on account of sums withheld from payments to contractors. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT OF --0-- Dollars (S-----0----- shall be made upon execution of this Agreement and credited to the Owner's account at fmal payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums, multIples or percentages, and identify phases to which particular methods of compensation apply, if necessary.) See attached letter dated 1 October 1993. 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) Design Phase: Construction Documents Phase: Construction Phase: Total Basic Compensation: Thirty-five Forty-five Tvlenty percent ( 35 %) percent ( 45 %) percent ( 20 %) one hundred percent (100%) B151-1987 6 AlA DOCUMENT 8151 · ABBREVIATED OWNER-ARCHITECT AGREEMENT. THIRD EDITION. AIA@ . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shaH be computed as follows: Principals (Bert L. Bender, Robert L. Delaune): $90.00/hr. Associates: $50.00 - $75.00/hr. 11.3.2 FOR ADDITIONAL SERVICES OF TI-IE ARCHITECT provided under Article 3 or identified in Article 12, compensation shall be computed as follows: (Insert basis of compensation, includinl!, rates and/or multiples of Direct Personnel E'\:pense j(Jr Principals and emph~vees, and ident~l)' PrinClJ}{lls and class(!l' employees, if required Identl})' ~jJecific serl'ices to u'hich particular method'; (?f compensatio1l app~v. ~f necessary.) Principals (Bert L. Bender, Robert L. Delaune): $90.00/hr. Associates: $50.00 - $75.00/hr. 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering ser- vices and those provided under Article 3 or identified in Article 12 as part of Additional Services, a multiple of One (-1- ) times the amounts billed to the Architect for such services. (Identify speCific types of consultants in Article 12. if required) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of One ( -1- ) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within tvlenty-four (24 ) months of the date hereof, through no fault of the Architect, extensioni:f the itect' s services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2. :3D 11.5.2 Payments are due and payable fifteen flo ))>t.( ~ ) d ys from the date of the Architect's invoice. Amounts unpaid thirty ( ~ ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) 1.5% per month, 18% per annum. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit lau's and other regulations at the ()u'ller's and Archi- tect's principal places of business, the location (~r the Project and elsewhere may allect the l'alidiZy of this prol'isioll. SpecUic legal adl'ice should he obtained If'ith respect to deletions or modifications, and also regarding requirements such as uritten disclosures or u'ail'ers.) 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary revie",' practices of the Architect. AlA DOCUMENT 8151 · ABBREVIATED OWNER-ARCHITECT AGREEMENT. THIRD EDITION. AIA@ . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, \,735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8151-1987 7 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Architect for this Project shall become instruments of Owner upon completion of this Project. The Architect shall be permitted to retain copies, including reproducible copies of the Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. If the Drawings, Specifications or other documents are used by the Owner for modifications and/or additions to this proj the Archite t~ll not be held legally I' ble. ,. ------- ---~ DANNY L. KOLHAGE, CLERK BY'Oo~C. ~ Deputy Cle k ARTICLE 12 OTHER CONDmONS OR SERVICES (Insert descriptions oJ other seroices, identify Additional Seroices included wit bin Basic Compensation and modifications to tbe payment and compensation terms included in tbis Agreement.) AS TO MONROE COUNTY: /1PPROVED AS TO FORE.' . ,:~,.,tf{tJ:/-~cY. --"-',.4ttorney'ls Office ATTEST: DANNY L. KOLHAGE, CLERK By~Ct ~~. Deputy Clerk This Agreement entered into as of the day and year first written above. OWNER ARCp ~ ~) n__ BErIDER & DELAillJJ~ ARCHITECTS, P. A. B)~: BERT L. BErIDER, ARCHITECT ~ (Signature) BOARD OF COmJT)~ COMMISSIOrJJ~RS B)~: JACK LONDON - Mayor/Chairman (Printed name and title) DATE: October 20, 1993 AlA DOa IIIENT 8111 · ABBREVIATED OWNER-ARCHITECT AGREEkENT .1lfIRD EDmON . AlA. . @ 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHiNGTON, D.C. 20006 (Printed name and title) 8151-1987 8 WARNING: Unlicensed photocopying vIoI8tes u.s. copyright laws and is subject to legal prosecution. A-rrACHMENT "A" TABLE OF CONTENTS RENOVATION OF SHERIFF'S SUBSTATION and TAX COLLECTOR'S OFFICE MARATHON, FL. Professional Services Outline Approach and Methodology Public Entity Crimes Non-Collusion Affidavit Lobbying & Conflict of Interest Clause Drug-free Workplace Form Indemnification & Hald Harmless General Insurance Requirements General Liability Architects Errors & Omissions Liability Vehicle Liability Workers' Compensation PAGE 1A - 3A 4A - 6A 7A - 9A lOA - l1A 12A 13A 14A 15A - 16A 17A l8A 19A 20A BENDER & DELAUNE ARCHITECTS, P.A. 1 October 1993 David S. Koppel, P.E. County Engineer Monroe County Florida 5100 College Road Public Service Building, S.I. Key West, FL 33040 Re: Renovation of the Sheriff's Substation and Tax Collector's Office, Marathon, Florida Dear Dave: I enjoyed meeting with you and Desiree Peacock this morning and discussing the project requirements for the renovation of the Sheriff s Substation and Tax Collector's Office in Marathon. As we discussed, our firm will provide the following professional services in connection with the project: Programming: Analysis of proposed use of existing space and establishment of requirements for compliance with the Anlericans With Disabilities Act, FEMA Regulations and other applicable State, Federal and County regulations. Measured Drawings and Analysis of Existing Conditions: This will include a physical review of the structure on an item-by-item basis as well as of production of floor plans, elevations and structural drawings required for the renovation. A written report of findings will be provided. Energy Analysis: An evaluation of existing mechanical systems will be provided which will include cost benefit analysis, in order to determine the need to upgrade existing systems. Cost Estimates will be provided du.ring the Design and Construction Documents Phases. The initial estimates will be used to establish a scope of work for the project, with alternatives identified in order to assist you and the County Commissioners with a useful decision nlaking tool. 720 CAROLINE STREET · KEY WEST, FL 33040 · 305 I 296 . 1347 FL LIC. # AA C002022 lA David S. Koppel, P.E. Page Two 1 October 1993 Design Documents will be prepared and alternatives explored for their impact on the project budget. Cost benefit recommendations will be included with preliminary design schemes. Construction Documents will be prepared based on the approved design and budget. Bidding will include a Pre-Bid Conference on site and issuance of addenda answering bidders questions. During this phase we will include 25 sets of Plans and Specifications. Additional sets will be billed as a reimbursable expense. Contract Administration will include one scheduled weekly site visit and meeting with the Contractor and Owner's Representative, review of Shop Drawings and approval of Pay Requests. Additional site visits will be made as needed. The above services are outlined in more detail in our proposal under "Approach & Methodology". We have attached a copy for your reference. Additionally, our fee will include the following expenses as basic services: long distance phone calls, travel within Monroe County and 25 sets of Plans and Specifications for bidding and construction. Based on the above, we propose the following estimate of our time and subsequent fee: Programming: Client meetings and Code Research Principal (24 hours @ $90/hr.) ............... $ 2,160.00 Measured DrawingS/Analysis: Field Work (2 persons @ 10 hrs. ea. @ $65/hr.) Drawings (24 hrs. @ $65/hr.).................. Field Analysis--Principal (10 hrs. @ $90/hr.). Report of Conditions (4 hrs. @ $90/hr.i 6 hr s . @ $ 4 5 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,300.00 1,560.00 900.00 630.00 Energy Analysis: Henry Healey (Estimate)....................... 3,500.00 Preliminary Design w/Cost Estimate: Principal (60 hrs. @ S90/hr.)................. 5,400.00 2A Davis S. Koppel, P.E. Page Three 1 October 1993 Construction Documents: Architectural (7 sheets @ 24 hrs./sheet @ $ 6 5 / hr. ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mechanical (2 sheets @ 24 hrs./sheet @ $6S/hr.) Plumbing (1 sheet @ 24 hrs./sheet @ $65/hr.)... Electrical (2 sheets @ 24 hrs/sheet @ $65/hr.). Healey (MP E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordination: Principal (40 hrs. @ $90/hr.).................. Total Cost Through Construction Documents ..... Bidding Phase: 5 weeks @ 6 hrs./wk. @ $90.00....... Construction: 16 weeks @ 8 hrs./wk. @ $90.00....... 10,920.00 3,120.00 1,560.00 3,120.00 3,600.00 3,600.00 $41,270.00 2,700.00 11,520.00 Document Printing Costs: ........................... 500.00 Total Bidding and Construction Phase .......... $14,720.00 Total Documents/Bidding/Construction ..... $56,090.00 Based on the above, we propose a fixed fee of $56,000.00. The scope of work has been estimated at $600,000 to $650,000. The Monroe County Commission has budgeted $400,000 for this project. The complexity of the project and analysis of existing structure would justify a fee on the order of 11 % to 14%. Should the scope of the project be established at the $400,000 level, the proposed fee approximates 14 % . Should the project approach the $600,000 level, the project fee approximates 10.7% In the event that mechanical systems are deleted, we would be willing to reduce this proposed fee by $5,000. Please call to discuss this proposal and finalize an anticipated scope. Sincerely, ~~.. Bert L. Bender Architect BLB:bka Enclosure 3A APPROACH and METHODOLOGY Bender & Delaune Architects is a Key West based architectural firm which will serve as the coordinating firm and the clients primary contact. We propose to approach the project as follows: As a comprehensive design firm, the architectural and engineering teams have the ability and experience to provide our clients with the following services: Programming Signage and Graphics Master Planning Site Selection Architectural Design Value Engineering Energy Conservation Cost Control Interior Design Construction Administration Historic Preservation, Research and Restoration We can provide every service necessary for the successful implementation of a facility · Our approach to architecture is total. We either provide the service directly or can manage the efforts of other professionals, taking responsibility for the total project. Our group utilizes a team approach to achieve optimum solutions. This team approach brings together the client, architect, consultants, users, developers and others, according to the needs of the project, in an intense work session to focus on identifying the individual problems and requirements that are unique to the project. This communications process is designed to elicit important data known only by each team member regarding goals, facts and needs of the project. This information is then focused into a concentrated problem solving session to better meet the needs in the final design solution. Once identified, alternatives are explored, solutions identified, and the design begins to emerge. Phase I: Programming and Preliminary Analysis A. Program: Meetings with the Owner will be conducted to establish and confirm the physical requirements of the project and requirements for individual sites. This first stage of the total design process is programming (analysis). Programming is problem seeking and design is problem solving. The programming session begins with an orientation meeting attended by all participants. Interviews are then conducted between Architect and Client/U ser Groups so that sufficient information can be obtained to 4A understand and define problems and goals. This information is documented, evaluated, adapted and refined until we have distinguished between wants and needs and determined the feasibility of the project budget. Good programming is essential for the next phase - good design. B. Physical Review and Analysis (where additions and renovations are required): Based on any available research and information provided by the Owner, the architects will determine the appropriate details for the individual buildings. This phase of the project will include photographic documentation and drawings of the existing building conditions as appropriate. We will conduct preliminary physical review of buildings as to physical status, facade renovation, handicap accessible facilities, and need of incorporation into the plans and specifications. C. Schematic Design: Based on the program requirements established with the Owner, the physical analysis documentation and the requirements of any structural review of existing facilities, schematic designs will be prepared. During this task we will prepare preliminary plans and specifications for review by the Owners. We integrate design with engineering and interiors with exteriors because we know the best architecture is that which makes a total statement. Near the end of this design phase the architectural team presents a schematic design solution, along with material illustrating the rationale for the design. Cost estimates, feasibility studies, project phasing and time schedules are outlined, as needed, for client consideration and approval. Phase II: Construction Documents/Specifications A. Design Development: Following approval of schematic design, development includes determination, design and coordination of architectural, structural, mechanical and electrical systems, equipment layouts and all related site development. This phase results in drawings and documentation, plus additional materials as necessary to illustrate "final" development and insure that all significant design questions and/or problems have been solved. This is the heart of the architectural process and the point at which the actual form and character of the project is established. Collaboration with client and consultant is imperative during this phase. SA B. Construction Documents: Working drawings and specifications will be prepared, sufficiently detailed, in order to insure the desired result with minimum possibilities of cost over runs. This phase transforms the preceding approved "Design Development Package" into a set of detailed, legal, bidding documents which relate to the construction industry. These documents control and direct the construction process via construction drawings and detail materials/building systems specifications. Phase III: Bidding Phase The bidding phase will be conducted in the same manner as similar projects. On historic preservation projects involving state grant funds, the sub-contract bidders will be pre-qualified for specialized trades if deemed appropriate. We will conduct pre-bid conferences, bid reviews, and pre-construction meetings. General contract bidders on historic preservation projects will be post-qualified when bids are received. A minimum of three low bidders will be evaluated to determine the lowest and best bid. In addition to price, consideration will be given to the bidder's past performance and experience with projects of comparable scope and type. Phase IV: Contract Administration During construction we will schedule weekly meetings with the Contractor to establish projected work for the upcoming week. This will maintain communication with the Contractor and guarantee that construction is properly planned. We will make all necessary on-site inspections, check and certify payment requests for work and assist in final inspections and certification of completion. Our firm is based in Key West, allowing continuous site access and interaction with the Contractor and the Client. This aspect, along with our proven track record on projects of this type, will prove extremely beneficial in providing quality projects. During construction, our location and concern for quality work will allow for a high level of quality control. While the majority of construction administration work will be conducted from the Key West office of Bender & Delaune Architects, all consultants will be available as needed, including staff from the office of each consultant. 6A SECTION 00110 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to BOARD OF COUl'JT)~ CO~1MISSIOrJl~RS, MOrJROE COUl'JT)~, FLORIDA (print name of the public entity) BERT L. BErJDER, ARCHITECT (print individual's name and title) by for BErJDER & DELAUl'Jl~ ARCHITECTS, P. A. (print name or entity submitting sworn statement) whose business 1S ARCHITECTURAL FIRM and (if applicable) l~ Federal Employer Identification Number (FEIN) is 65-0233075 (If the entity has no FEIN, include the Social Security Number or the individual signing this sworn statement: .) L · I unders tand tha t a "pub lie en ti ty crime" as def ineci in Paragraph 287.133(1)(g), Florida statues, means a violation or any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United states, including, but not limited to, any bid or contract for good or services to be provided to any public entity or an agency or political subdivision of any other state or of the United states and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or ma~erial misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida statues, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida statutes, means: 1. A predecessor or successor of a person convicted of a public ~ntity crime: or 7A 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partnersl shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as def.:.ned in Paragraph 287.133(1)(e), Florida statues, means any natural person or entity organized under the laws of any state or of the United states with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services le~ by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of' an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) x Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more or its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged w~th and convic~eci of a public entity crime subsequent to July 1, 1989. 8A The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the state of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OR THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ~S~re) 10/5/93 (date) STATE OF FLORIDA COUNTY OF MOrJROE PERSONALLY APPEARED BEFORE ME, the undersigned autho~ity, B]~rJDER & D]~LAmJ]~ ARCHITECTS, P.A. who, aft.er first being sworn by me, BERT L. B]~rIDER, ARCHITECT (PR]~SIDErJTenarne of indi vidual signing) affixed his/her signature in the space provided above on this 5th day of October _.~ ----' '~:)'l]ry ?ct~!tD $'~ui~ ~Jj~lut'!dtr ~~ My C 0 rom i s S :. 011 e x p 1 r e 3 : My (om~Td.;~iJn E;(pir~~ 7~10Y 19, 1991 Iondad Thru IrQ)" rain" lFl$uran,.lnc;. ~ Form PUR -068(Rev. 04/10/91) 9A SECTION 00110 NON-COLLUSION AFFIDAVIT I, BERT L. BE~JDER or the ci ty of KE)~ WJ~ST according to law on my oath, and under penalty or perjury, depose and say that; 1 . ) I am PRJ~SIDE~JT of the firm of BJ~~,IDER & DELAillJE ARCHITECTS, P. A. I the bidder making the Proposal for the project described in the notice for call ing for bids for: Design and Project Administration for tl1e Renovation of the SHERIFF' S SUBSTATIO~J and TAX COLLECTOR'S OFFICE.( Court11ouse Anne:x:, Marathon, Florida and that I executed the said proposal with full authority to do so; 2.) the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such proces with any other bidder or with any competitor; 3.) unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder and will not be knowingly disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4.) no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5.) the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained :n this affidavit in awarding ~ontrac~s for said project. lOA ~~- (Signature or Bidder) 10/5/93 (Da~e) STATE OF: FLORIDA COUI'1TY [JF: MormOE PERSONALLY APPEARED BEFORE ME, the undersigned authority, BErJDER & DELAUl'JE ARCHITECTS, P.A. . who, after first being BERT L. BErJDER, ARCHITECT, sworn by me, PRFSIDlirIT (name of individual signing) affixed his/her signature in the space provided above on this 5th day of October , 19 93 My commission expires: t10'wfV r~.:1~,r,:, Siuj~ cf r~or:da Ill, CornmL;:;jcn r:x~:!rcs Nk~)' 19, i 995 ..........19I1QQg TMU 1rorl1lilllt Jn$urqn~e In'a. .-....' llA SECTION 00110 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA " BErIDER & Dl~LAUl'JE ARCHITECTS, P. A. (Company) " " warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". _ ~~ _ , ,. . '\ \S~gnat.ure) 10/5./93 (Date) STATE OF FLORIDA ,::OUNTY OF MOrJROE FERSONALLY APPEARED BEFORE ME, the undersigned authority, BEr,TDER & Dl~LAUl'Jl~ ARCHITl~CTS, P.A. p,.]ho, after first being BERT L. BErIDER, ARCHITECT, sworn by me, affixed his/her signature PR1\STD1\1\IT (name of individual signing) ~n the space provided above on thi~ 5th day of October N~1 Dry ,ft'1 (Oi':1m~13~O:i f:~CJ}1 1~'! 199$ {)OOQt,tQ Thrv Troi foin. .. InsvrQI1C\i fn_ My commission expires: 12A SECTION 00110 DRUG-FREE WORKPLACE FORM The undersigned Contractor in accordance with Florida statute 287.087 hereby certifies that: BEtIDER & DELAUl'JE ARCHITECTS, P. A. (Name or Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use or a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations or such prohibition. 2. Inform such employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition or working on the commodities or contractual services that are under bid, the employees will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida statutes) or of any controlled substance law of the United states or any state, for a violation o c cur r J.. n g ). nth e W 0 r J~ p 1 ace r. 0 1 ate r t h a r: :E i. v e (5.) (1 a y s a :E t e r 3 U c h conviction. 5. Impose a sanction on, or require the satisfactory'participation in ~ drug abuse assistance or rehabilitatlon program if such is available in the employee's community, or any employee ~ho is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As a person authorized to sign the statement, I certify that this firm complies fully with the above reqUirements~i~~ _ Bidder's Signature 10/5/93 r.it:F# 5 Rev. 6/91 Date 13A I\pril 22.. 19()] I stl'rinting MONROE COUNTY, FLORIDA INSURANCE GIJIDE T(l CONTRACT ADMINIS~rRA l')ON Indemnification and I{old Ilarmless for Suppliers of Goods and Services The Vendor covenants and agrees to indemnify and hold hannless Monroe County Board of County Commissioners from any and aU claims f(>r 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 Vendor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful.act or omission of The Vendor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work orothers) is delayed or suspended as a result of the Vendor's failure to purchase or maintain the required insurance, the Vendor shall indemnify the County from any and all increased expenses resulting from such delay. The extent ofliability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Administra1ive Instruc1ion . 114709.1 14A ^pril 22. 199.1 I st (1ril1tin~ MONROE COUNTY, FLORIDA INSUIMNCE GIJIDE TO CONTRACT ADMINISTRATION General Insurance Requirelllents for Stlppliers of Goods or Services As a pre-requisite of the work governed, or the goods supplied under this contract (including the pre-staging ofpersonneJ and material), the Vendor shall obtain, at his/her own expense. insurance as specified in any attached schedules" which are nlade part of this contract. The Vendor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Vendor. As an alternative. the Vendor may require aU Subcontractors to obtain insurance consistent with the attached schedules. The Vendor 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 Vendor to provide satisfactory evidence of the required insurance. shall not extend deadlines specified in this contract and any penalties and failure to perfonn assessments shall be imposed as if the work commenced on the specified date and time. except for the Vendor's failure to provide satisfactory evidence. The Vendor shall maintain the required insurance throughout the entire tenn of this contract and any extensions specified in the 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 Vendor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perfonn assessments shall be imposed as if the work had not been suspended. except for the Vendor's failure to maintain the required insurance. The Vendor shall provide. to the County. as satisfactory evidence of the required insurance, either: · Certificate of Insurance or · A Certified copy of the actual insurance policy. The County. at its sole option, has the right to request a certified copy of any or all insllrance policies required by this contract. All insurance policies mllst 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 Vendor's insurance shall not be construed as relieving the Vendor from any liability or obligation assumed under this contract or imposed by law. Administrative )nstruction #4709.1 15A April 22.. 199] ) sf Printing The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers. Compensation. 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. ^dmini~1rarive JmtnK1-ion //4109.1 16A April 22. 199.1 J~ "rinling GENERAL LIABILJ1Y INSURANCE REQUIREMENTS FOR CONTRACT ARCHITECTIJRAL SER,TICES BI~~l'WEEN MONROE COUNTY, FLORII)A AND BErJDER & DELAmJJ~ 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 Operations · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability · Expanded Definition of Property Damage ~rhe minimum limits acceptable shaH be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Fonn policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or afler the etfective datc of this contract. In addition, the period for which claims may be reponcd should extend for a minimum of twclve (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. AdnliniNtralive J~1rudjon #4709.1 GLl 17A ARCI-IITECTS ERRORS AND Ol\'IISSIONS LIABILI'"fV INSURANCE REQUIREJ\;1EN'rS FOR CON"fJL\CT ARCHITECTURAL SERVICES BETIVEEN 1\1QI'lROE COUNlY, FI~ORIDJ\ AND - BENDER & DELAUNE ARCHITECTS, P.A. April 22.. 199.1 I ~ Prinling Recognizing that the work governed by this contract involves the furnishing of architectural services, the Contractor shall purchase and rnaintain, thr(>ughout the life oCthe contract, Architects Errors and Omissions Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the . Contractor arising out of\vork governed by this contract. The nlinimum limits of liability, shall be: $250,000 per Occurrence/$500,OOO Aggregate Adnlinistrativc Instn.K1ioD 114709.1 AEOI l8A 40 ^priI22~ 199] 1 sf I'rinling VEI-IICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT ARCHITJ~CTURAL SER,rICES BE'"rwEEN MONROE COUNTY, FLORIDA AND BEt\lDER & DELAUl'JE 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 Ifired Vehicles The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Administrative )nstnlction 114709.1 VLI 19A ^pril 22~ 199J Is. I'rinting WORKERS' COMPENSA l'ION INSURANCE REQUIREMEN'fS FOR CONTRACT ARCHITECTURAL SER\TICES BETWEEN M.ONI{OE COUNTY, FLORIDA AND BErJDl~R & DELAillJE ARCHITECTS, P .A. Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits suflicient 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 the 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 Contractors Excess Insurance Program. I f the Contractor participates in a self-insurance fund, a Certificate of I nsurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. Adnlinistrath'e ~1nJction 114709.1 wel 20A NOV-24-93 WED 9:52 CMI INTL/BUCKLEY FAX NO. 309 266 0735 PI 02 CERTIFICATE OF INSURANCE: PRODUCER ,'. " ." " .CHI INTERNATIONAL, INC.. 5805 BLUE LAGOON DRIVE, #280 MIAMI, FL 33126 PHONE 305....2 6 6~9 95.4 CSR 11 2~ 93 THJS CERTIFItAT& JS ISSUED AS A MATfER OF JNFORJ.jATJON ONLY AND CONFERS NO RIGHTS UPON THE CEATtFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BE~OW. .~.~~~................'----...........~----~y.........-------...._-------~-. COMPANIES AFFORDING COVERAGE ...............-~--.~-R~P~.......~..........~__~-~~... .........~~--.........~.~------..~....~---------P...M.~________,.....______ INsUREO COMPANY lEtTER A WESTERN WORLD INSURANCE CO. ...----~-............---~PP..~...,....------........~M_____.____.....______~ COMPANY LEtTER B . , ........... ......"".. ...APPR9VE9-BV .mSK-~'M[m-........ _ _ _ _ _ _ _ _ _ _ _.... .~~;~~;.~:;;~~.:;....B~--...~/~~--~......."-"........---------. .......... - -- -............... - - -- -" ~- - - ~...... _ _ _ _ u _ _ _ ..... _ _ _ __ COMPANY LETTER E DATE > COVERAGES <-----~-------m~~-----~--------------%-----~-~---------~=-----~u--------ca~------------~--~-----~-----~~.---~________ THIS IS TO-C~;Ti;Y-THAT POLICI;;-~F-iNSURANCE LISTED-8El~-HAVE BEEN-IS~Eib-TH~~'~;~D-;;Mi6~~80~I-fO;-;HE POLICy-------- PERIOD INOICATED~ NOTWITHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT ~ITH RESPECT 10 WHICH THIS C~RTIFICATE HAY BE ISSUED OR MAY PERTAlN, THE INSURANce ~FfOROED BY THE POlICI,ES DESCRIBED HEREIN IS SUBJECT TO ALL tERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS. Ben4er& Delaune Architects, 720 Caroline Street Key West.. FL. 33D40 CO LTR ~.a.~__~~.................___._.............M._~~.................~."".............~~____.........._____y..........______~....... Type OF INSURANCE POLICY NUMBER POLICY EFF DATE POLl CY EXPIl DAtE LIMITS ~.. ----1..............._~~~....... .......-~---~.............. .~_~........... ~~___y........ .-a-------NN.......____~........__ GENERAL LIABILITY A tXJ COMMERCIAL GEN LIABILITY [ ) CLA~lt-tS MADE~' . '[ Xl 'oce. [ ] OWNERS.S & CONTRACTO~.S PROTi:CTIVE TBD GENERAL AGGREGATE 600, 000 ........._---...... ...._-.~...... 10/25/93 10/25/94 f'ROO"COMP/OP AGO. 300,000 ----~.~......~._~. .......--...-T PERS. & AD'\!. INJURY 300 I 000 ..........._--..... ......'w...... EACH OC:CURRENCE ........~----...... ...._-~....... 300,000 [ l t J FIRE OAMAGE (ANV ONE fIRE) 50,000 ....6__~.......... ..-~9......... ... ...........~.~................~- -....................--.~..... .........-~..... ....'.------y.. .....------........ ~---.1...._... AUTOMODILELIAB HED. EXPENSE (ANY ONE PERSON) 1, 000 CONS, SINGLE lIMIT [ ] ANY AUTO [ J ALL OWNED Autos [ ] SCHEDULED AUTOS [ 1 HIRED AUTOS . [ ] NON-OWNED AUTOS [ ] GARAGE LIABILITY [ J ---.........._--... ......._---... BODILY INJURY (Pt:R PERSON) ...----~...-....._- r.........___y BODILY INJURY (PER ACCIDENt) ....._----......... -~......~.._-- ... ...~..+-................~...... .........~--............~.- -y.........~--- -........~---- .......~--~....~... .---1......... EXCESS LIABILITY , EACH OCCURRENCE [ ] UMBRELLA FORM .........___......_ .............. [ ] OTHER THAN UMBRELLA FORM AGGREGATE .aw .~R..............~_~~.......... .~__~__...........____..... ......~__...... ...~___y.....~. .___.~.~....~___... .._...._~..... PROPERTY DAMAGE WORKERS' COMP AND . EMPLOYERS I LIAB I)ATE ... a..~r...............__y........ ...~~-............a..._~_ ~. . ... ~ OTHER . . LNh'lAL ~ G>~ ISTATUTO~V LIMITS . EACH ACCIDENT DISEAse-POL. L1MIT DISEAse.EACH EMP. .. ..._~--~...... .._---........_--....._...~---y... -.1.-.-.-..W________R".~....._____..........~~____.......~-------~~~~...-------........~------N..W______~~...-.--T......_~____... DESCRIPTION OF OPERATIONS/LOCAT'ONS/VEHICLES/SPECIAL ITEMS ' CERTIFICATB KOLDER IS ALSO NAMED ADDITIONAL INSURED ATIMA ~, , MONROE COUNTY SOARD, OF COUNTY COMKrSS.IONERS 310 FLEMING STREET 'KEY WEST' FL 33040 _ACORD 25.s (7/90) > CERTlrlCAT~ HOLDER <~====~====;=;RE==========;_K.e=> CANCe~LATION <=======;;Re:=====;=;;_;K.======;;;;_~~=====;;====~========== = SHOULD ANY OF tHE ABOVE D~SCRI8ED POL1CIES BE CANcelLED BEFORE THE EX- =' ~IRATION DATE THEREOF, THE JSSUING COMPANY WILL ENDEAVOR TO MAll 10 - DAYS WRJtTEN NOTICE TO THE CERTIFIcATE HOLDER ~AMED TO THE LEFT, SUT ~ FAILURE To MAIL SUCH HOTICE SHALL IMPOSE NO OBLIGATION OR l!ABIL1TY OF : ~ - ~~~. ~~ ~~. ~~~~. ~~:. ~~~~~~~- ~ ~ · ~~~~~~ ~~: ~.~~~~~:~,~~: ~n' --... · .. .. - --. · : AUTHORIZED REPRESENTATIVE' W n")( L~ Lei h W. McCrea CERTI ICATE OF INSURANCE: PkODUCER CMI INTERNATIONAL, INC. 5805 BLUE LAGOON DRIVE, #280 MIAMI, FL 33126 PHONE 305-266-9954 CSR 11 18 93 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 -~~~~;~~--------------------------------------------- -~~~~~;-~~~~~;-~-----ir~~~iP-~~~~~~~iC()ii----------- -~~~~~;-~~~~~;-Es------i3y----i'~-;'-~~::~---------------------------- -----------------------------------~~-------------------------------- COMPANY LETTER C DATE ~ ~~~~~~~~~~~~~~~~~~~~~~~~I~~~~~~;;~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ COMPANY LETTER E > COVERAGES <==================================================================================================================== THIS IS TO CERTIFY THAT 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 TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Bender , Delaune Architects, 720 Caroline street Key West FL 33040 CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF DATE POLICY EXP DATE LIMITS GENERAL LIABILITY GENERAL AGGREGATE [ ] COMMERCIAL GEN LIABILITY PROD-COMP/OP AGG. [ ] CLAIMS MADE [ ] OCC. PERS. & ADV. INJURY [ ] OWNERS'S & CONTRACTOR'S PROTECTIVE EACH OCCURRENCE [ ] FIRE DAMAGE (ANY ONE FIRE) [ ] MED. EXPENSE (ANY ONE PERSON) AUTOMOBILE LIAB COMB. SINGLE LIMIT [ ] ANY AUTO [ ] ALL OWNED AUTOS [ ] SCHEDULED AUTOS [ ] HIRED AUTOS [ ] NON-OWNED AUTOS [ ] GARAGE LIABILITY [ ] BODILY INJURY (PER PERSON) EXCESS LIABILITY [ ] UMBRELLA FORM [ ] OTHER THAN UMBRELLA FORM ------------------- eived BODILY INJURY Loss Control (PER ACC I DENT) --~~ ~;~~~;~;-~~~~~~---- -- - - -- - - - ---fNfflAL - - - - - - -- ~---bE - - - - - -- - - - - --- ~~~~- ~~~~;;~~~~ - - -- AGGREGATE A WORKERS' COMP AND EMPLOYERS' LIAB TBD X ISTATUTORY LIMITS 11/18/93 12/31/94 EACH ACCIDENT 100,000 o I SEASE - POL. L I M IT 5 0 0 , 0 0 0 o I SEASE - EACH EMP. 100 , 000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS > CERTIFICATE HOLDER <===============================> CANCELLATION <============================================================ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 = 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 _ACORD 25-S (7/90) = AUTHORIZED REPRESENTATIVE Lei h W. McCrear wm' RC!'()lution #191-1993 April 22. 1')<).1 I !it lTinling l\lONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements H is requested LJlallhe insurance requirculcnls, as specificd in lhe CouHly's Schedule of Insurance Rcquircnlcnls, be \vaivcd or nlodiCicd on lhe following contract. ' COJJlrnclor: Bender & Delaune Archi teets, P. A. Conlraclfor: Benovation~ Sheriff I Substation & Tax Collector I s Office Address ofCoulraclor: 720 Carol i ne Street Key West, Florida 33040 Phone: 29~-1347 . Scope of Work: Professional Services in connection with th~ renovation of the building (design & contr~rr administration). Reason for Waiver: Architect currently carries General Aggre~te in the amount of $250,000 and his exposure limits are small. Additionally/Monroe Co. cannot be named as agditionally insured since the BOCC has no financial interest in this vehicle. ?t\ ~~_ , Sigualure of Contrnclor: Risk Managclucnl Approved)C Nol Approved ~~ ~d~~/ F/ ~.yh\3 ~ Date Count)' Adtninistrator appeal: Approv~d: Nol Approved: __ Da Ie: Board of CouJlty Couuuissioncrs appeal: Approved: Nol Approved: Mccli Ilg Dale: Adrninistratj vc (mrtruction #4709. I W A I VER 5 ---------------------------- - NOV- 2-9j 1 U ; ti8 " CMI 'INTL/BUCKLEY FAX NO. 305 266 0735 PI 02 CE TIFICATE OF INSURANCE: PRODUCER CMI INTERNATIONAL, 'INC'. 5805 BLUE.,LAGOON DRIVE, #2.80 MIAMI, FL '. .- 33126 ., PHONE 305-266--9954, ~SR 1 VJnJ:L~-_._._-- THIS CERTIFlCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGH1S' UPON, THE CERTIFICATE HOLDER.. ,THIS CERT'IFICATE DOES NOT AMEND~ EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. . .. ...... .. ...... p - - - - - -...... ....... . . . . . . . . ...... . .... '" .... -..... - - - - - - - - - - - - - - - - - - - - COMPANIES AFFORDING COVERAGE .;~~~~~~.-....""-"--...................-".~.......... .~~;;~;"~~~~~;.j;....l:liit.~~~NlC():.............-. Bender ,. Delaune Architects" .~~~;~~;.~~~T~;.B.........BY~..~... ,e.iVed....................-------. ~~ije c:ro~t~:s street .~;;~~~.~;;rE;' c........ ..... :~~/~~ ~u~:ot................... Ket West 'II ...................._...-ii!lh..~--~ ...-......-.--... 33 40 .:~~~~~~.~~::~~.~........!M1Wi---.-NIA ~ ~~ COMPA~Y LETTER E "~~'--ur'-'" > COVERACES <==~~=e~~se...D==-=-~~=~=~~~~e~~~R.=RS~~==~=--~~~-~~~===~~~~~=~~~~~~===~za~ww_______________.__~~===~=~~=~~~~~~=~~~=~ THIS IS TO CERTIFY THAT POLICIES OF INSURANCE 'LISTED BEL~ HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR iHE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMeNT, TERM OR CONDITION OF ANY CONtRACT OR OTHER DOCUMENT W1TH RESPECT TO ~HICH THIS CERTI~lCAT! MAY BI ISSUED OR MAY PER1AIN, THI INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALl TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY ~AJP CLAIMS. ____.~~.w.........._....__....-------.................-.----------.-.-.......................~---------------..~~..............., CO LTR TYPE"O~ INSURANtE PO~I~Y NUMBER POLICY EFF DATE poLICY EXP DATE LIMITS ... ...._~.P.---_----.............. .........ft.~----........... ............... ...-------~--~ ~~................................ GENERAL LIA>>XLXTY ~ [ ] COMMERCIAL GENLIABIllTY [ ] CLAIMS ,MADE [ ] OCC. [ ) O~NERSIS & CONTRACTORIS PROTECTIVE' A rJa ARCH I TECTS PRO~ t 1 FESSIONAL LIAS GENERAL .AGGREGATE 250, 000 ................... .......~y.--~- PROO.COMP/OP AGG. ----_.~--_....._.. .............. PERS. & AOV. INJURY ~ACH OCCURRENCE 2 5 0 I 00 0 . . . . .. '. ~," . . ", . . . . - " ... .. e' . . . - ~ . .,.. .. - - - ..~.P_._~~_____..A. .............. 8655734 01/05/93 01/05/94 fiRE DAMAGE (ANY ONE FIRE) MED. EXPENse (ANY ON! PERSON) -........~....------I ..............1 .., .~tj~()i(~ia.ii:]6..i:I~~---- .-......................... ..............- ------.---.... ................... COMB. SINGLE LIMIT ................... ....._._..yr~- [ ] ANY AUTO C ] All OWNED AUTOS [ ] SCHEDULED AUTOS ( ] KtREO AUTOS [ ] NON-OWNED AuroS [ J "GARAGE LIABILITY ( 1 BOO I L Y .INJURY (PER PERSON) _....~.._.~........ .............. EXCESS LIABILITY [ ] UMBRELLA FORM [ ] OTHER., THAN UMBREL~A FORH .ived Loss Control '1'-1-3 BODILY I~JURY (PER ACCIDEhlT) ................... .............. DATE PROPERTY DAMAGE ... ........-~"------~............. ........................... INITIAL EACH OCCURRENCE ..M.~........._.... .............. AGGREGATE .........................~.~.'.. .....------_.~~~_._~~...... ............... .............. .......~........... .........~.... ISTATUTORY LIMITS EACH ACCIOENT DISEAse.POL. LtMrT DlSEAS~.EACH EMP, WORKBRS' COMP .. 'AND ... . . EMPLOYERS' LXJ\B ..~ ...........______~_W_~.4...W.W. ........................... ............... .............. OTHER .................................. -~;~~;;;;i~~.~;~~~~~;i~~;;~~~;i~~;;~~~;~~;;;;~~~;~~.;~;~;.~.................................................................... > CERTIFICATE HOLDER <====~======~~~~~~~~~=~~~~~~~~~~> CANCELLATION <~~~~~~~:::~~~~~~:~~~~~~~~~~~~~~=~=~~======================== ., ,.. , , . W' ;; SHOULD. ANY, Of tHE ABOVE DESCRIBED POLICIES BE CANCElL~D BEFORE THE EX- ! . PIRATION DATE THEREOf, THE ISSUING COMPANY WILL ENDEAVOR TO MAlt . DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT . FAilURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIA81LITY OF . ANY KIND UPON THE COMPANY, ITS AGENTS DR REPRESENTATIVES, · · "~'\\J\~------ _I MONROE COUNTY BOARD OF COUNTY COMMISSIONERS \ ~....................._........ _ACORD 25-5 (1/90) Lei h W. .McCrear = AUTHORIZ!D REPRESENTATIVE 2 -~ ..~. . Bender & Delaune Architects, p.~l. 11 November 1993 720 ar<:.lin~ strcrt key Wfst. {lorida ~3:4.:. ';05 . 296 · 1~47 D()11na Perez Board of County Commissioners Monroe County Public Service Building Stock Island Key West, FL 33040 PL Lir.~",1e. '^^ C~(.~CI~1 Re: Automobile Insurance - Bender & Delaune Architects', P.A. Dea.r Donna: Per bur "telephone conversations, enclosed is a copy of the Amended Declaration Page and Automobile Identification Card for my personal automobile adding d/b/a Bender & Delaune Architects, P.A. We have inquired as to adding the Board of Conunissioners as additional insured and have been informed that since the Board of Commissioners has no financial interest in this vehicle nor is it leasi~g t~e vehicle, it cannot be listed as an additional insured. please call if you you need anything further. ....--AL- . BLB:bka Enc~osure TilePrudentlal ~ ~ Prudential Property and Casualty Insurance Company , 11111111111111 11111111 11111111111111111111 1111111111 111111111/111111111111111111111111111111111 P. O. Box 2627 Jacksonville, FL 32232 1-800-437-5556 VLE2101700 A Subsidiary of The Prudential Insurance Company .of America Policy Number: Agency Data: 39'~ 4A652282 753449,5 CGAB 806 Named Insured and P.O. Address Bender Nancy G Dba Bender & Delaune Architects PA 619 Elizabeth Street Key West FL 33040-6874 1..1 1'...11.11....1..111.1..11..1111.11..1.1..1.1.111. h ..1.1..1 November 3, 1993 Dear Policyholder: The enclosed package reflects the recent change(s) made to your Car pOlicy. This package includes your Amended Declarations P~ge and Identification Card(s)~ if required. The Amended Dec'larations Page replaces the Declarations Page currently in your possession. Please review it now to make sure it shows exactly the types and amounts of coverage you requested. ' Important messages can be found on the reverse side of.the Amended Declarations Page. Keep this document until it is replaced or changed. If it does not show the coverages~ou requested. please,contact your agent or our Client Service Unit immediately at 1-800-437-5556. If you wish to report a loss. please call 1-800-437-3535. I f you have any quest i Or:lS about your po 1 icy. p I ease ca 11. your agent or our C 1 i ent Serv ice Unit; or write to us at: Prudent i a 1 Proper.ty and Casua 1 ty I nsurance Company P.O. Box 2627 Jacksonville, Flori~a 32232 Thank you for ,insuring with The P~udential. Sincerely, ~cf~ Insurance Services Department III 017233 SERSO AE27-004681 ~Prudentl8l~ . Prudential Property and Casualty Insurance Company 111111 Il~llll I~IIIII 11111 11111 11111 11111 ~11111"IIIIII 11I1I1~IIIIIII 11111111111111111111111 ~. O. Box 2627 ' Jacksonville, FL 32232 1-800-437-5556 A Subsidiary o'f The Prudential Insurance Company of Amer i ca Car Policy Amended Declarations Policy Number: 39 4A652282 Agency Data: 753449 5 CGAB 806 Named Insured and P.O. Address Bender Nancy G Dba Bender & Delaune Architects PA 619 Elizabeth Street Key West FL 33040-6874 This policy period C9vers 6 months, from 12/03/93 to 06/03/94, 12:01 A.M. The Effective Date of this Pol icy Change is 12/03/93 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 07/30/47 Listed below, are the cars covered by your pol icy. CAR YEAR MAKE MODEL BODY TYPE VEHICLE ID N~MBER TERRITORY SYMBOL CLASS CODE 1 2 1985 Ford :Escort GL Wagon 40 1992 "M i tsub ish i E.c 1 ipse G ,Hc.hbk 3D 2FABP3599FB271813 4A3CS,4U7NE099294 036 036 6 J 711120 811 320 Listed bel,ow ar'e your pol icy coverages, 1 imits and premiums. .If a premium' charge does not appear, that coverage is not provided. COVERAGES LIMITS Bodily Injury' Each Person Each Acci'dent Property Damage Each Accident $ 50,000 Un insured 'Motor i st's " ' Bod i 1 y I nj ury Each Person $ lQO,OOO Each Accident $ 300,000 Personal Injury Protection Co 1 1 i s i on Deductible - $ '250 Comprehensive Deductible' - S' 250 Towing - $~9 Each Disaplement $ $ 100,000 300,000 PREMIUMS Car 1 Car 2 S 98 $ ,U 120 , " $ 32 $ 41 $ 59 $ 59 TOTAL PREMIUM PER CAR TOTAL POLr'CY PREMIUM S 35 $ 40 $ 34 S 117 $ 13 $ 92 S 3 $ 3 ------ ------ S 274 $ 472 $ 746 PAC 681 ED. 1/90 PAGE 1 AE27-004682 ~JI AE27-004684 . ThePrudentl81 ~ Prudential Property and Casualty Insurance Company 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 P. O. Box 2627 Jacksonville, FL 32232 1-800-437-5556 A Subsidiery of The prudential Insurence Company of Amer i ca Bender Nancy G Dba Bender & Delaune Architects PA 619 E.l i.zabeth Street Key West FL 33040-68]4 PLEA.SE DO NOT DISCARD AUTO ID CARDS ATTACHED BELOW I tll I ~ FLORIDA AUTO INSURANCE ThePrudentlal ~J ,IDENTIFICATION CARD ~ Policy No. Co. j Code Effective Date 394A652282-01646 06/03/93 f"Xl Personel Injury Protectionl f"Xl Bodily Injury I~ Property Damage Liability ~ Liability IV G; .&:. ; U 85 FORD 2FABP3599FB271813 92 MITSUBISHI 4A3CS54U7NE099294, Named Insured BENDER NANCY G DBA BENDER & Not val i d for mor,e. than one.. y.ear I from effect ive dete, PAC 143/Fl E 10192 , . -................................................. Cut Her e ......... ............ ........... ....................... .:.. a .... .. ...... ...... .... .... .......".. .... .. ........ .." .. .. .......... a .. .. .. "" .... .... .............." _.. ....... _......"..... _.... _. .."...... ... It"."... "."............................. -0_........ , . . ~ FLORIDA AUTO INSURANCE ThePrudentlal_J" IDENTIFICAT,ION CARD Policy No. Co. Code Effective Date '394A652282-01646 06/03/93 f"Xl Personal Injury Protectionl f"Xl Bodi Iy Injury l~ Property DlImage liabi I ity ~ liabi I ity IV G; .&:. ; (J 85 FORD 2FABP3599FB271813 92 MfTSUBISHf 4A3CS54U7NE099294 Named Insured , . BENDER NANCY G DBA BENDER & I Not val id for more then one year from effective date PAC 143/FL E 10/92 i -.........................................:..:.... ,Cut Her e ....:... ~ ............ .......... ....... n. ,. ........ ......:~ -----, ~ , ThePrU_dentl81 ~. Policy 'No. Co. Code 394A652282-01646 rjl Persona I I nj ury Protect i onl ~ Property Damage Liability FLORIDA AUTO INSURANCE I DENT I FICA T ION CARD Effective Date 06/03/93 r-jl Bodily Injury ~ Liabi I ity , 85 "F ORD 92 MITSUBISHI Named Insured 2FABP3599FB271813 4A3CS54U7NE099294 BENDER, NANCY G ' Not val id for more than one year from effective date PAC 14,3/FL E 10/92 ThePrudentlal ~. ~ Prudential .. "perty and Casualty Insurance lpany IIIIIIIIIIIIIIIIII.::~' ..~:: 1111111111 1111111111 11111111111111111111111111111111111111111111 ~II P. O. Box 2627 'Jacksonville, FL 32232 1-800-437-5556 A Subsidiary of The Prudential Insurance Company of Amer ica Car Policy Renewal Declarations Policy Number: 39 4A652282 Agency Data: 753449 5 CGAB 806 Named Insured and P.O. Add.ress Bender, Nancy G 619 El izabeth Street 'Key West FL 33040 This policy period covers 6 months, from 12/03/92 to 06/03/93, 12:01 A.M. a t p'] ace of gar a gin 9 . Listed below are names and birth dates of licensed drivers resident in your household. 1 Bender Nancy Groff 09/16/50 2 Bender B'ert Lesl ie 07/30/47 Listed below are the-cars covered by your policy. CAR YEAR MAKE "MODEL 'BODY TYPE VEH I CLE I D NUM'BER' 'TERR I TORY S~YMBOL CLASS CODE 1 2 1985 1992 FRrd , Es~ort GL W~g,9n 40 Mitsubishi Ecl ipsegs Hchbk 3D 2FABP3599FB271813 4A3CS54U7NE099294 036 036 6 H 7 1 1 1 20 7 1 1 220 Listed below are your pol icy coverages, limits and premiums. If a premium charge does not appear, that coverage is not provided. COVERAGES LIMITS PREM I UMS ' Car 1 Car 2 Bodily Injury Each Person Each Accident Proper ty Dama'ge Each Accident "$", '50,000 Uninsured Motorists Bodily Injury Each Person $ 100~000 Each Accident $ 300,000 Personal Injury' Pr,6t~ction Co 1 1 i s i on ' · Deduc t i b 1 e - $ 250., . Comprehens i ve ' Deductible - $ 250 Towing - $50"1 Each Disablement $ ",10.0,000 $ 300,000 $ 92 $ 86 s s 38 $ S 36 51 51 TOTAL PREMIUM PER CAR TOTAL POLICY PREMIUM S 32 S 29 $ '45 '$ 122 $ 1 1 S 61 $ 3 $ 3 ------ ------ $ 272 $ 388 S 660 PAC 681 ED. 1/90 PAGE 1 AE12-00921S Pol icy.Number 39 4A652282 Your pol icy is m~de up of your app~,ication, your most recent Declarations, and the forms and endorsements 1 isted below. Forms and endorsements being made part of your pol icy with this transaction are provided in separate booklets or are indexed and reproduced on pages which follow. FORM NUMBER EDITION DATE POLICY FORMS AND MANDATORY ENDORSEMENTS PAC 186 ~/86 Car Policy, Parts 1, 2, and 3 Appl icable pol icy parts are those for whi'ch a premium charge is shown in the ,Declarations. F lor i d a Sp e cia 1 S tat e P'r ov i s ion s Car Policy, Parts 4, 6, and 7 Applicable pol icy parts are those for which a premium charge is shown in the'Declaratio'ns. PAC 226/FL PAC 190/FL " ." 9(90 4/87 OTHER CHARGES & CREDITS The De 1 uxe Package D,i.scount app 1. i es to your po 1 icy. The Multi-Car,Discount appl ies to your policy. A Safety Device Discount applies to Car(s) 2. ,An An t i-Lock I Br ake Discount app 1 iesl' to Car (s) 2. Listed below are" the Loss Payees/Additional Interests present on the pol icy. CAR 2 Barnett Bank 1010 Kennedy Dr Key West FL 33040 Listed below are Important Messages a~out your pol icy. Persona 1 I nj ury 'Protect ion Option I Your pol icy is free of any accident,conviction or inexperienced driver surcharge. IMPORTANT: Your pol icy premium may have changed due to rating by make and model of your ,.car. ,,~.lea~e check the vehicle description shown. The "Stackingll referred to in PAC 4/FL, UNINSURED MOTORISTS, appl ies to all, cars 1 isted on the pol icy. THE COMPANY MUST RECEIVE YOUR PREMIUM PAYMENT BY THE EFFECTIVE DATE OF YOUR RENEWAL FOR COVERAGE TO CONTINUE. YOUR CHECK OR MONEY-ORDER WILL 'NOT BE DEEMED PAYMENT UNLESS HONORED BY YOUR BANK~ If you have any questions, please contact your agent, or Gall our Pol icyholder Service Office at 1-800-437-5556. If you need to report a claim, call us at 1-80o-lt37-3535. A G DRINKWATER AGENT PAC 681 ED. 1/90' PAGE 2 ,92120392'1030 1111111111111 IIllll1f,II... ~!1I111111 1111111111 11111 11111 1~11111111I1I11111111111111I1111I1111 PCD 1716 FLi (Ed. 9/90) Uninsured Motorists Coverage and Personal Injury Protection This form contains important information about Uninsured Motorists Coverage and' Personal I nj ury Protection. It also allows you to change the options and limits you previously selected .for these coverages, should you wish to do ,so. PLEASE READ IT CAREFULLY. If after reading this form you have any questions about the coverages it describes or the options available to .you, please, call your Prueential agent or one 'of our Policyholder Service Representatives at the number given on YOUr Declarations Page. UNINSURED MOTORISTS COVERAGE Uninsured Motorists ,Coverage (UM) protects you and others insured by your Car or RV policy against the cost of accident-re~ated bodily i~juries caused by another driver w.hen: The person or, organization responsible for the accident has no liability insurance; The person or organizatiol:l responsible, for the accident has I iabi I ity insurance but the insurer denies coverage or is insolvent; or Neither the'driver nor the owner of the other car can be identified. UNDERinsured Motorists Coverage is part of UNinsured Motorists Coverage. It protects you against the cost of accident-related bodi Iy injuries caused by another driver when: The person or organization responsible for the accident has liability insurance, but its limits are less than the tot~1 damages yo~ sustained. Payments made under UM are not reduced by amounts recovered from the liability insurance of persons responsible 'for ,accidents. However, UM payments will not duplicate, and are excess over, payments due under any workers compensation, disability benefits, or similar law; or the Personal Injury Protection, Medical Payments, or Liability coverages of any other motor vehicle insurance pol icy. The maximum 'We, will pay is the difference between the sum of these benefits and the amount of the loss up to the limits you purchased. If you do not wish to retain your current limits of Uninsured Motorists Coverage (see your Declarations page), you may: Reject Uninsured Motorists Coverage'; or , . Select Uninsured Motorists Coverage limits which are equal to or lower than your limits for Bodily Injury Liability Coverage. The limits currently available are: " Each Person/Each Accident Each Person/Each Accident '$10,000/$20,000 15,0.00/ 30,000 20,000/ 40,000 25,000/ 25,000 35,000/ 35,000 25,000/ 50,000 50,000/100,000 1 OO,OPO/ 1 00,000 $100,000/$200,000 200,000/ 200,000 100,000/ 300,000 250,000/ 250,000 300,000/ 300,000 250,000/ 500,000 500,000/ 500,000 500,000/1,000,000 If you wish to change your Uninsured Motorists Coverage, please indicate your choice on the last page of this form .and return it to u,s with your premium payment. - 1 - AE12-009212 NON-STACKING OF UNINSURED MOTORISTS COVERAGE To reduce your premium and as an alternative to coverage without limitation, the limits of Uninsured Motorist Coverage (see the Declarations) apply regardless of the number of policies, insureds, insured vehicles, claims made or vehicles involved in an accident or loss. The limits of coverage on the other vehicles insured by us cannot be added to or stacked on the limits of coverage of the vehicle involved. If you or anyone insured under this policy is in an accident in a non-owned vehicle orwhile a pedestrian, you are entitled to the highest limit of Uninsured Motorists Coverage available for any one vehicle as the named insured or an Insured resident relative. If you choose the coverage available to you as an insured under this policy part, then we will pay those damages that are excess over- amounts payable on the vehicle you occupy at the time of the accident. If you choose the coverage available 'to you as an insured under another policy, then we will not pay for damages under th i s po Ii cy part. EXCLUSION - VEHICLES OWNED BY YOU OR RESIDENT RELATIVES: We will not pay for bodily injury to you or a resident relative while using a vehicle not insured under this part owned by you or a res i dent re I at i \i~.. . PERSONAL INJURY PROTECTION Personal Injury Protection (PIP) protects you and others insured by your Car or ~V policy for motor veh i c I e ace i dent-re I ated bod i I Y injuri es. I t covers: . t I. I 'r' Up to 80 percent of medical expenses; Up to 60 percent of lost income; The cost of replacement services; and Death benefits. PIP pays up to $10,000 for each person injured in one accident. A death benefit of up to $5,000 is included in this I im it, which app,1 ies regardless of the number of pol icies, insl:lreds,. insured cars, claims made, or motor vehicles involved in the loss. PIP payments are reduced. by amounts payable under any workers' compensat'ion laws of any state or the federal government, or the Medicaid program. Work Loss Benefit. Excl,usion Unless you choose otherwise, PIP provides benefits for lost income if you or another person insured by your Car or RVpolicy is injured in a motor vehicle accident and cannot work. However. you may select "Work Loss Benefit Exclusion" option to exclude coverage for such lost income. Policyholders who ~re not working (such as retirees) may wish to reduce their premiums with this option. Military Coordination of Benefits and Work Loss Benefit Exclusion " You may be able to reduce your premium if you are eligible for benefits payable to active or r e t ire d mil ita ry pe r SOh n e I wh i ch pro vi de co v era g e s si mil, art 0 PIP's. "M i I ; t a ry Coo r din a t j 0 n 0 f Benefits arid Work Loss B'enefit Exclus'ion" option is available if such a plan covers the deductible amount. (Please determine if and to what extent any health or disability insurance policy you have will pay for medical expenses or loss of income from motor vehicle accidents before requesting this opt ion.) Deductibles You may also reduce your premium with a PIP deductible. Deductibles reduce the total amounts we pay when losses Occur except that the deductible does not apply to death benefits. Options include deductibles which apply only to you (the Named Insured), and deductibles which apply to both you and your relatives. PIP coverages and options are fullydescribed in Part 6 of your Car or RV policy. Those currently available include: , , , - 2 - 1 11111 1111111 11111 IIf' ""1 ~IIII 11I11 111111111111111 111111111111111 111111111111111111111111 1111 PERSONAL 'INJURY PROTECTION (cont'd) Full Coverage '. $250 $250 $50.0 $500 $1,000 "$1,0,00 $2,000 $2,000 Work Loss Exclusion Work Loss Exclusion Military Coordinat'ion of Benefits Mi'litary Coordination of Benefits Work Loss Exclusion and Military - Coordination of Benefits Work Loss Exclusion and Military Coordination of Benefits No Yes If you wish to change your policy to include any of the above options, please indicate your choice below and return it to us with your premium payment. Options Option H Option I Option J Option K Option L - Option M OptionN Option 0 Option P Option U Option V Option W Option X Option Y Option Z Deductible or Benefit Named Insured Only, Named Insured and Each Relative Yes No Yes No Yes No Yes No Yes No Yes No No Yes No Yes No Yes No Yes No Yes No Yes Yes · No UNINSURED MOTORISTS ELECTION FORM f have ~ead the explanation provided in this notice and have elected to: '. , Reject Uninsured Motorists Coverage. Purchase Uninsl,Jred Motorists .Coverage limits equal to or lower than my Bodily Injury Liability Coverage limits. The Uninsured Motorists Coverage limits I wish to buy are: Each Person ,Each Accident $ /$ I understand and agree that selection .of one of the above options applies to my Car or RV insurance policy and future renewals of or replacements for the policy which are issued with the same Bodily Injury Liability 1 i.';' its. If I want to change my Bodily Injury Liability or Uninsured Motorists Coverage in the future, I must notify the Company or my PrudenHal agent in writing. I further understand that this change becomes effective on my policy's renewal date or the date this form is rece!,'{ed ,by the Company, whic,t,lever is later. Name (Please print) Pol icy Number Signature Date - 3 - AE12-009213 NON-STACKING OF UNINSURED MOTORISTS COVERAGE ELECTION FORM I have read the explanation provided in this notice and have elected: ( ) Non-Stacking of Uninsured Motorists Coverage Limits I understand and 'agree that the 'selection of the above Non-Stacking of Unins,ured M,€>torists Coverage Limits option applies to my Car or RV policy and future renewals of or repla~ements for that policy. I'f 1 vvant to change my Non-Stacking of Uninsured Motorists Coverage Limits option in the future, I must notify the Company or my agent in writing. I further understand .that. this change, .becomes effect ive on my pol icy's renewal date or the date th i s form is rece'ived by the' Company, whichever is later. Name (Please print) , Policy Number Signature Date PERSONAL INJURY PROTECTION ELECTION FORM I have read the explanation provided in this notice and have elected to: Purchase the Personal Injury Protection option I understand and agree that the selection of the above Personal Injury Proteq,ion optjon applies to rny Car or RV policy and future renewals of or replacements for that policy. If I want to change my Personal Injury Protection option in the future, I must notify the Company or my agent in writing. I further understand that this change becomes effective on my policy's renewal date or the date this form is recei.v~d by ~.~~ ~ompany, w~icheyer is later. Name (Please print) ,Policy Number Signature Date - 4 - 111111 11II111 IIIIIII~' "'II ~IIII 111111111111111 11111111111111111111 1111111111111111111111111111 PAC 19 FL (Ed. 10/89) Car Rating Information Form The rating of y,?ur policy is ',determined by the use of your car as shown in our files. , I ' Premiums are determined by a Rate Class Code. The Rate Class Code is a six digit number. It is shown In Item 4 of your Declarations. If 'you compare the specific numbers that make up the 6 digits of the, Rate Class Code shown for each car and the number data, shown below, you will have a brief explanation of the rating. of your policy. Rate Class Code Explanation (Sample Code is 854610) The first digit (the 8 above) of the Rate Class is always number 7 or 8. It shows, the number of miles yo~r car is dri'ven in a year. Number 7 means:, Your car is driven under 7500 miles a year with a Limited Miteage Qiscount. Number 8 means:' ''lour. car is driven 7500 or more miles a year. 2nd digit (the 5 'above) - Driver Class No Youthful Driver 1 All except' as indicated below 2 Principal driver age 65 to 74 4 Principal driver, age 55-59 5 Principal driver, age 60 - 64 6 Only driver in household, female age 30-54 7 Principal senior driver, over 74 4th digit (the 6 above) - Use Class No Youthful Driver 1 Pleasure 2 Work under 100 miles/week 3 Work, 1 00 or more miles/week 4 Business use 5 Farm use Youthful Driver 4 Unmarried female occasional driver, under 25 5 Unmarried female owner or principal driver, under 25 6 Married male, under 25, 7 Unmarried male occasional driver, under 25 , 8 Unmarried male owner or principal driver, under 27 9 Umarried male owner or principal driver, age 27-29 . Youthful Driver 6 Pleasure, including work under 1 00 miles/week, or farm use, without Good Student Discount 7 Pleasure, including work under 1 00 . # miles/week, or farm use, with Good Student Discount 8 Work, 100 'or more miles/week, or Business Use, without Good Student Discount 9 Work, 100 or more miles/week, or Business Use, with Good Student Discount 3rd Digit (the 4 above) - Driver Class 1 No Youthful Driver 5th digit '(th~ l' above) - Car Type - Multiple' Car 1 Only one car insured 2 More than one car insured with Multi Car Discount , , Youthful Driver, 2 Age under 2 1: without Driver Training Discount 3 Age under 2 1, with Driver Training Disc,ount 4 Age 2 j - 24 5 Age 25-29 6th digit (the 0 above) - Safe Driver, Incertive Plan A ~r 0: No Poi~ts F or 5: Five Points B or 1: One Point G or 6: Six Points C or 2: Two' Points H or 7: Seven Points D or 3: Three Points J or 8: Eight Points E or 4: Four Points K or 9: Nine Points or More Note: A letter code means: You have a "companion" policy (e.g. you have one car insured in PRUPAC and one insured in PRUGEN)~ A number code means: Your cars are insured in the same subsidiary. Safe Driver Incentive Plan Data 1. Points are assigned for for convictions and accidents occurring within the experience period 'for the' applicant or any reSIdent driver as follows: A. Car Convictions (not those dismissed or not prosecuted) ( 1) Thre~ .po,ints ar,e. .~ssigned for: a. Driving while intoxicated or under the influence of drugs. b. Failure to stop and report when involved in an accident. c. Homicide or assault arising out of the operation of a car. - 5 - AE12-009214 d. Driving during the period while the license is suspended or revoked. (2) Two points are assigned for accumulation Of points under a state point system or a ser'i'es of convictions which result in filing evidence of Financial Responsibility (SR- 22). (3) One point is' assigned for any 'other moving traffic infraction which results in a suspended or revoked driver's license; or filing evidence of Financial Responsibility (SR- 22). This infraction must be a second or subsequent offense committed with,in the last 18 months; or a violation due to exceeding the lawful speed limit by more than 1 5 miles per hour. B. Car Acci.dents ( 1) Occurring on or after December 1, , 989 a. New Business - One point is assigned for each at-fault accident involving the applica'1t or any, r~sident dr'iver of a car, as of the date any company has made payments of $400 or more, to: the car driven; or other property. b. Renewal Business - One point is .ssigned for each at-fault accident involving the insured or any resident driver of the car, 'as' of, 'th'e. date the company has made, payments during the experience period of $400 or more: under Property Damage liabil'ity coverage; or as a single car moving Collision loss (2) Occurring on or after October 2, 1"987 and before December 1, 1989 a. New Business - Ofle point is assigned for each at-fault accident involving the applicant or any resident driver of a car, ~~ of the date any ~onmpany has rT:l~de payments of $200 ,or more to: the car driven; or other property. b. Renewal Business - One point is assigned for each at-fault accident involving the insured or any resident driver of the car, as of the date the company has, made payments during the experience period of $200 or more: under Property Damage liability coverage; or as a single car moving Collision loss. (3) Occurring before October 2, 1987 New or Renewal Business - One point is assigned for each car accident involving the insured or any resident driver of the car, as of the date any company has made payments during the experience period of $200 or more under Property Damage liability coverage. C. Exceptions 1. No poi~t is assigne'~ for an accident under "B" above if the accident occurred under one of the following circumstances: (1) Lawfully Parked: Car of applicant or other resident driver was lawfully, parked. A car rolling from a parked position IS not Jawf.ully parked, but is caused by the/operation of the last., driver. (2) Not At-Fault: Applicant or other resident driver is less than 50% at-fault for the accident. (3)'Rear-end Collision: Car of applicant or other resident driver was struck in the rear by another vehicle. The applicant or other resident driver was not convicted of a moving traffic violation in 'connection with the accident. '(4) Other Party Convicted: Driver of the other v~hicle invo!ved in such accident was convicted of a movin'g traffic violation. The applicant or oth'er resident driver was not convicted of a moving traffic violation in connection with the accident. (5) Hit-and-Run: Car was driven by applicant or other resident driver and car ,vv.as damaged by a "hit':"and-run" driver. The accident must have. been reported to the police within 2 4 hours. (6) ,Comprehensive: Accidents involving payments only under Comprehensive 'coverage. (7) Emergency Cars: Accidents occurring as a result of the operation of any car in an emergency if the driver at the time of the accident was responding to -a call to duty as a member of any PoliCe or Fire Department, F;rst Aid Squad, or any law enforcement agency. But, this exception does not apply after the emergency situation ceases or after the car ceases to be used in the emergency. (8) Medical Payments or PIP: Accidents involving only Medical Payments or PIP. (9) Not Liable,:, Finally adjudicated not to be liabl~ by a court of competent jurisdiction. (10) Dismissed: In receipt of a traffiC citation which was dismissed or nolle prossed. (11) Lack of Fault: Not at fault, as evidenced by a written statement from the in~ured establishing facts dem,onstrating lack of fault, which are not rebutted by the information in our flies from which we had determined that the insured was substantially at fault. 2. Inexperienced Driver: One point is assigned if the principal driver of the car has not been licensed for two years. NOTES , , 1. AnV points developed under the plan are assigned to the two cars with the highest "Total Base Premium" for most coverages (not Comprehensive) combined and the remaining cars are rated at Sub-Class O. 2. "Experience period" means the three years right before the application effective date or preparation bf1renewal. - 6 - l~: