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10/24/1990 AgreementFILED FU RECORD AGREEMENT '90 OCT 31 PM 4 30 This Agrees# rrtad("� red into this q%� day of DUVdcr 19 topy and between Monroe Cou, her" rrred to as the Owner, and David Volkert & Associates, Inc., hereinafter 6U;T.� Consultant; WITNESSETH THAT: �Ui1 WHEREAS, the Owner desires to retain the Consultant to perform all professional planning, programming, architectural and engineering services at the Key West International Airport as outlined in the Scope of Services; WHEREAS, the Consultant desires to perform said professional services for the Owner; NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter stipulated to be kept and performed, the parties hereto agree as follows: ARTICLE I - SCOPE OF SERVICES SECTION I - GENERAL SERVICES The Phase I Terminal Renovation and Expansion Project consists of three sub -projects as follows: 1. Construct Federal Inspection Station/Customs (FDOT WPI No. 6826679) 2. Key West Terminal Renovation (FDOT WPI No. 6826662) 3. Construct Airport Sewage Treatment Plant (FDOT WPI No.6826642) The Consultant shall provide to Monroe County Airports: 1. Architectural and engineering professional services for a new approximately 5,000 S.F. single story Federal Inspection Station (F.I.S.) located east of the existing main terminal building. 2. Architectural and engineering professional services for the renovation of the interior of the existing terminal, related to the removal of the existing customs area and its relocation to the new F.I.S. facility. 3. Engineering professional services for a new package 10,000 GPD wastewater treatment plant (WWTP) to service the existing terminal (including future expansion) and the new F.I.S. facility. The professional services shall include architectural and interior design, structural, heating and air-conditioning, electrical power. lighting, plumbing, and landscape design. A survey will be provided as required to verify and locate site conditions related to the existing septic tank system, WWTP, injection well and new F.I.S. building. Soils testing will be provided to establish sub -surface conditions for design. An asbestos survey will be provided as required to establish materials identification and recommendations. The Consultant will consult with airport representatives, county, state, and federal government agencies as necessary to clarify and define the requirements for the project and review available data. The Consultantwill provide architectural and engineering planning, design, specifications, contract documents, surveying and testing as identified above, appropriate for bidding the construction of Phase 1 as identified herein. These services will encompass those distinct AE Services outlined in U.S. Department of Transportation, FAA AC No. 150/5100-14B, dated 11/12/88 to include: 1. Preliminary Phase 2. Design Phase 3. Bidding or Negotiation Phase 4. Construction Phase The Consultant will coordinate, attend, and conduct a pre -design conference. The Consultant will submit 30%, 60%, 90%, and 100% plans for Owner and agency review and will respond to comments and will submit an A/E design report. A. SUB -PROJECT NO. 1 The work under this portion of the Agreement shall consist of necessary services to provide design and construction documents required for bidding the construction of a new Federal Inspection Station. The station is to be located east of the existing terminal and west of the air cargo facility, positioned for future expandability. The one story facility is to be designed to meet the Federal Inspection Services space and facility requirements for 400 passengers per hour and is anticipated not to exceed 5000 S.F. Conceptually, the facility is to be designed with the administration area and F.I.S. features at the west end to allow the future addition of a pre -clearance area to the east without compromising the functions of stateside and pre -clearance inspections. It will be necessary for the Consultant to develop an appropriate traffic circulation pattern to alleviate potential cross - traffic congestion with the one-way main terminal traffic. Design is to be sensitive to the local vernacular architecture and will interface with the future Phase II Main Terminal Expansion. B. SUB -PROJECT NO. 2 The work under this portion of the Agreement shall consist of necessary services to provide design and construction documents required for bidding the construction of the renovation of the existing main terminal building. Upon completion of the new F.I.S. facility, that portion of the terminal currently occupied by customs will be vacated. An area of approximately 3,900 S.F. will be available for the expansion of baggage claim, arriving passenger services, and ticketing services. The expanded baggage claim area is to be 2 designed to allow the implementation of baggage security checks prior to passenger groundside departures. Rental car agency lease space is to be located in the baggage claim expansion area. Airline ticketing, departure lounge, security, public waiting lounge, kitchen and toilet facilities are to remain in their current adjacencies. The existing departure lounge and public waiting areas need to be expanded as appropriate for future enplanement passenger quantities. Interior finishes, lighting, and air-conditioning is to be upgraded throughout the terminal. As the terminal facility is to be expanded in future phases to meet projected increases in enplanements and deplanements, it will be necessary for the Consultant to engage a schematic design overview of the future terminal expansion to establish the validity of the functional adjacencies currently in place, and the appropriate scale of baggage claim, departure lounge, etc. The future expanded facility must also be considered in the mechanical, electrical, and plumbing design of Phase I. Due to the age of the existing facility to be renovated, there is potential for release of hazardous materials such as asbestos into the air when construction renovations are initiated. To preclude such an occurence and in accordance with prescribed federal environmental regulations, the Consultant has included as a Special Service an asbestos survey to be conducted during the preliminary design phase. In the event the survey identifies asbestos or some other hazardous material(s) in those areas to be renovated, additional Special Services will be required for preparation of detailed plans and specifications which outline the necessary scope and procedures for removing the hazardous materials. An estimated limiting fee has been included for budget purposes. The actual lump sum fee subsequently determined necessary for these Additional Services will be submitted to the Owner, FAA and FDOT for review and approval prior to commencement of the work. The upper level administration area is to remain undisturbed in this phase. Exterior upgrade and physical expansion of the terminal building is not included as a part of the services for Phase I. C. SUB -PROJECT NO.3 The work under this portion of the Agreement shall consist of necessary services to provide design and construction documents required for the bidding the construction of a 10,000 GPD package wastewater treatment plant. These include a sanitary collection system, force main, wastewater treatment plant (WWTP) including tertiary treatment and injection well. Due to aesthetic considerations, the Consultant shall provide landscape design for the area immediately adjacent to the above -ground WWTP. SECTION II - ADDITIONAL SERVICES At the written request of the Owner, the Consultant shall accomplish such additional services as required by the Owner. When the Consultant is requested to provide additional services, such services may be provided by Consultant's own forces or through subcontracts with other professionals. However, contracts with other professionals for additional services must have the written approval of the Owner before the work is initiated. Additional services which may be 3 requested include, but are not necessarily limited to the following: A. Additional Land Surveys as necessary to establish property boundaries required for property acquisition purposes or preparation of property maps. B. Additional Soils and Material Investigations including test borings, laboratory and field testing of soils and materials and related reports as required for design and construction quality control purposes. C. Additional Engineering Surveys (for design and construction) to include topographic surveys, base line surveys, cross section surveys, aerial photography, etc., as required and approved by the Owner. D. Technical Inspection of construction by full time resident project representative, as required and approved by the Owner. When authorized by the Owner the duties, responsibilities and limitations of authority shall be included in a supplemental agreement. E. Assistance to the Owner as expert witness in litigation arising from development or construction of any project. F. Accomplishment of surveys and investigations, and the preparation of reports and drawings as may be requested or authorized in writing by the Owner. G. Prepare pre -applications and applications for federal and/or state assistance grants for funding of projects. H. Preparation of As -Built drawings upon completion of construction. I. Make revisions to the airport layout plan as necessary to reflect the details of any completed projects. ARTICLE II - GENERAL PROVISIONS SECTION I - RESPONSIBILITIES OF THE OWNER As a party to this Agreement, the Owner shall: A. Make available for Consultant's use all record drawings, maps, soil data, etc. that are readily available to the Owner. B. Designate a person to act with authority on Owner's behalf and respond in a timely manner to submissions by Consultant providing approvals and authorizations as appropriate so that work may continue at a normal pace. C. Pay all costs associated with special services authorized by the Owner. 4 SECTION II - METHOD OF PAYMENT The Consultant agrees to provide professional services for those general services and basic services included in Article I - Scope of Services, and those additional services classified as Special Services listed below. The owner agrees to pay the Consultant as compensation for these services on a Lump Sum Basis as follows: BASIC SERVICES SUB -PROJECT NO. 1 $ 48,194.75 SUB -PROJECT NO. 2 $ 72,280.61 SUB -PROJECT NO. 3 $ 16,811.60 SPECIAL SERVICES SURVEY $ 4,755.00 GEOTECHNICAL $ 4,194.04 ASBESTOS SURVEY $ 5,578.54 ASBESTOS ABATEMENT LIMITING AMOUNT $ 25,000.00 A. Partial payments for all services performed by the Consultant under the terms of the Agreement shall be made no more often than monthly to the Consultant by the Owner based on percent complete of the work in progress. Payments shall be due and payable within thirty (30) days of the date of invoice. B. For Projects involving a supplemental agreement, the scope of services and maximum amount of compensation to be paid will be included therein. C. The Owner will pay the Consultant for special services performed by subconsultants at the actual invoice amount. SECTION III - MISCELLANEOUS A. Extra Work: It is mutually understood and agreed that the Owner will compensate the Consultant for services resulting from significant changes in general scope of a project or its design, including but not necessarily limited to, change in size, complexity, project schedules, character of construction, revisions to previously accepted studies, reports, 5 design documents or contract documents and for preparation of documents for separate bids, when such revisions are due to causes beyond the Consultant's control and when requested or authorized by the Owner. Authorization for such extra work is subject to review and approval of the FAA and FDOT. B. Reuse of Documents: All tracings, plans, specifications, maps, computer programs and data prepared or obtained under a specific assignment of this Agreement shall remain the property of the Owner with restriction or limitation on their use; and shall be made available, upon request, to the Owner at any time. A set or reproducible drawings shall be provided for the Owner's files. However, any use of plans and specifications except the use specifically intended by these documents will be at the Owner's sole risk and without financial liability or legal exposure to the Consultant. C. Responsibility of the Consultant: The Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports, and other services furnished by the Consultant under this agreement. These services shall be performed in accordance with acceptable engineering and architectural practices. The Consultant shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in his designs, drawings, specifications, reports and other services. 2. Approval by the Owner or the FAA of drawings, designs, specifications, reports, and incident engineering work or materials furnished hereunder shall not in any way relieve the Consultant of his responsibility for the technical adequacy of his work. D. Responsibility For Claims and Liability/Insurance: LIABILITY The Consultant shall indemnify, defend, save and hold harmless, the Owner and all of its officers, agents or employees from all suits, actions, claims, demands, liabilities of any nature whatsoever arising out of, because of, or due to breach of this Agreement by the Consultant, its subconsultants, agents or employees or due to any negligent act or occurrence of omission or commission of the Consultant, its subconsultants, agents or employees. Neither Consultant nor any of its subconsultants will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Owner or any of its officers, agents or employees. 0 INSURANCE CONSULTANT shall, at its own expense, maintain during the performance of its services under this Agreement with limits of liability, not less than the following: Workmen's Compensation Statutory General Liability Bodily Injury (including contractual) 1,000,000 Automobile Liability (CSL) 1,000,000 Bodily Injury Property Damage Professional Liability 1,000,000 (including errors and omissions) The OWNER shall be named additional insured and furnished with certificates evidencing such coverage. E. Termination: 1. This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party provided that no such termination may be effected unless the other party is given: a. Not less than ten (10) calendar days written notice of intent to terminate; and b. An opportunity for consultation with the terminating party prior to termination. 2. This Agreement may be terminated in whole or in part in writing by the Owner for its convenience provided that such termination is for good cause (such as for legal or financial reasons or major changes in the work or program requirements) and that the Consultant is given: a. Not less than ten (10) calendar days written notice of intent to terminate; and b. An opportunity for consultation with the terminating party prior to termination. 3. Upon receipt of a termination notice, the Consultant shall promptly discontinue all services affected (unless the notice directs otherwise) and deliver or otherwise make available to the Owner all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Consultant in performing this Agreement, whether completed or in progress. 4. If this Agreement is terminated by either party, the Consultant shall be paid for services rendered and expenses incurred prior to the termination in addition to 7 termination settlement costs reasonably incurred by the Consultant relating to commitments which had become firm prior to the termination. If termination of the Agreement occurs at the conclusion of one phase and prior to authorization of the Owner to begin the next phase, payment by the Owner of the completed phase shall be considered full compensation due the Consultant. If the Agreement is terminated by the Owner for default of the Consultant, the amount due the Consultant may be adjusted to the extent of any additional costs incurred by the Owner as a result of the Consultant's default. F. Audit: Access to Records: 1. The Consultant shall maintain books, records, documents and other evidence directly pertinent to the work under this Agreement in accordance with generally accepted accounting principles and practices. The Owner, the Federal Aviation Administration, the Comptroller General of the United States or any of their duly authorized representatives shall have access to any books, documents, papers, records and other evidence for the purpose of examination, audit, excerpts and transcriptions. 2. Records described above shall be maintained and made available during the performance under this Agreement and for a period of three years after the Owner makes final payment and all other pending matters are closed. G. Civil Rights Assurance: During the performance of this contract, the Consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in federally -assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including the procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information„ and its facilities as may be determined by the Owner or the Federal Aviation Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Owner or the Federal Aviation Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the contractor's non-compliance with the nondiscrimination provisions of this contract, the Owner shall impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellations, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Owner or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Owner and, in addition, the contractor may request the United States to enter into such litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Owner and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the Owner and the United States. H. Disadvantaged Business Enterprise (DBE) Assurances: 1. Policy: It is the policy of the DOT that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performances of contracts financed in whole or in part with federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this Agreement. 2. DBE Obligations: The contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under this Agreement. In this regard, all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. I. Contract Period: 1. The Consultant will begin work promptly after receipt of a full executed copy of this Agreement and shall complete the work within twelve (12) months; such receipt shall constitute written notice to proceed. 2. If Consultant's services called for under this Agreement for design or during construction of the project are delayed or suspended in whole or in part by the Owner for reasons beyond the Consultant's control, the time for performance shall be adjusted appropriately. If such delay or suspension extends for more than one year for reasons beyond the Consultant's control, or if the Consultant for any reason is required to render construction phase services more than one year after completion of design phase plans, specifications, and contract documents, the various fees and/or rates of compensation provided for elsewhere in this Agreement shall be subject to renegotiation. Any change in such fees shall apply only to the unfinished services as of the effective date of such change. J. Insurance The Consultant shall at all times carry, on all operations hereunder, worker's compensation insurance, public liability and property damage insurance, and automotive public liability and property damage insurance, in an amount not less than $1 million per person per occurrence. The Owner shall be named additional insured and furnished with certificates evidencing such coverage. The Consultant shall also carry at all times, on all operations hereunder, professional liability insurance in an amount not less than $1 million. The Consultant shall save harmless the Owner from all claims and liabilities due to its negligent acts, errors or omissions. K. Successors and Assigns: 1. Owner and Consultant each is hereby bound and the partners, successors, executors, administrators and legal representatives of Owner and Consultant (and to the extent permitted by paragraph 2, the assigns of Owner and Consultant) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. 2. Neither Owner nor Consultant shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement with the written consent of the other, except 10 to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Consultant from employing such independent professional associates and consultants as Consultant may deem appropriate to assist in performance in performance of services hereunder. 3. Nothing under this Agreement shall be construed to give any right or benefits in this Agreement to anyone other than Owner and Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Consultant and not for the benefit of any other party. L. Prohibition Against Contingent Fees: The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement, and that he has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee of the Consultant any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. M. Compliance with Laws: The Consultant shall comply with Federal, State and local laws and ordinance applicable to the work. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement in duplicate as of the day and year first above written. ATTESTbANNY L' KOL.-Ht1GE, Clerk Title ATTEST: Assistant Se etary MONR COUNTY COMMISSION Mayor of Monroe County DAVID VOLKERT & ASSOCIATES, INC. zonal Vice President 11 was TOFOFW AND LEGAL SUMCOW- 61y Artornry" Offirv- � 1 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — A 1 N m m M m M m N M M II II 1 1 » n M r N In m N m N H II II Z 1 1 P6 H Y c ID .-4 V' 1 ,'� M In ID a" r In m M m I w II II I m II II 1 1 1 E H N M O m m 1 m E 1 v! O N to In V) A CM II II M II II 1 I m O U 1 U •� +? N N Ln m A v N II Y N v) II II 1 — — —H — — — — — — l a I — — — — — — — — — — — — 1 tl II 1 1 0 N Y 0 0 0 o x� H tl o 0 0 0 O 0 O 0 O o p o 1 II Y 0 A N 1 7. E. 1 M .4 m L 1 .-tl M N N II II I1 11 i !FG. a'. 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M vt X m II II p ri II II j U O A 0 O fX N Y N II II j w I El I 1 U 1 — — — — — — — — — — — — — — — — µ7 W N o 0 0 0 0 0 o tl o B p I a M O a N 1 W O Y o 0 0 o O o o X O II II o o o H C H o H fD II N I pG 1 A -------------- — Y II II — � Y II II I A II II 1 I H F rA 2 q II II O r.0 1 tl W Z U 2 N II II N W 1 >+ tl q W H W W w H z II II II N II II A+ 1 F N N >+ U W U II II II W •i •d 1 ,> H W a 0 q H 9a II A II II N II O E 1 H q 1 A F U z q H t7 ,7. W Z O X 11 II IIX II II a t u 1 U E. H H i", iC X a H a W H F W II II II �j II II W ri 1 u W H F W7 0 U II •� II II W F N 1 I IE-I W O x W En Z W rz-I PqL I11 O II II H FC Z A 1 5C a U a 0 H q H II H II II Z H W O U A N U M tl a W W a U O $Z q H W 2 N II II q II N 1 II 4 W f0 O q II II — — — — — — — — — — — — — — — — — — — — — — U — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — ����"• ISSUE DATE (MM/DD/YY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND W.K.P. Wilson/Corroon & Black CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P. 0. Box 2407 POLICIES BELOW. Mobile, Alabama 36652 COMPANIES AFFORDING COVERAGE LLETMTeR Y A EMPLOYERS CASUALTY COMPANY COMPANY B INSURED LETTER COMPANY `. David Volkert & Associates, Inc. LETTER Post Office Box 7434 COMPANY D Mobile, AL 36607 LETTER LETTER COMPANY E LETTER CONES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION] LIMITS DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE 1 2,000,000 A X COMMERCIAL GENERAL LIABILITY CPP435606I 5-01-90 5-01-91 PRODUCTS-COMP/OP AGG. $ 2,000,000 CLAIMS MADE % OCCUR. PERSONAL & ADV. INJURY $ 1,000,000 OWNER'S & CONTRACTOR'S PROT- EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 502000 MED. EXPENSE (Any one Person) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE $ A X ANY AUTO CPP435606I 5-01-90 5-01-91 LIMIT 1,000,000 X ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY i X NON -OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATIONSTATUTORY LIMITS WCE434570 EACH ACCIDENT $ 500,000 AND A WC1431872 5-01-90 5-01_91 DISEASE —POLICY LIMIT $ 500,000 EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATWNS/VEHICLES/SPECIALITEMS PROJECT: Key West International Airport terminal. Board of County Commissioners of Monroe County, Florida as Additional Insured as respects all the above coverages. Waiver of Subrogation as respects the Workers Compensation in favor of Board of County Commissioners of Monroe County, Florida CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Board of County Commissioners Of EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Monroe County, Florida MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Attn: Art Skelly, Airport Mgrs. Office LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Key West International Airport LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Key West, FL 33040 AUTHORIZED REPFJEIVE O ACORD 2" (7180) CACORD CQRPORAT�N 199f1 ACOR"• n!l ISSUE DATE (MM/DD/YY) ` 9-28-90 m' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND W.K.P. Wilson/Corroon & Black CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Post Office Box 2407 POLICIES BELOW. Mobile, Alabama 36652 COMPANIES AFFORDING COVERAGE COMPANY A LETTER LLOYDS & LONDON COMPANIES COMPANY B LETTER INSURED COMPANY C David Volkert & Associates, Inc. LETTER Post Office Box 7434 COMPANY D Mobile, Alabama 36607 LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMffS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ CLAIMS MADE OCCUR. PERSONAL & ADV. INJURY $ OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS EACH ACCIDENT $ AND DISEASE —POLICY LIMIT $ EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE $ OTHER A * Engineers Professional COVERNOTE#030051500 5-29-90 5-29-91 $1,000,000 Primary A * Excess Engineers COVERNOTE#030051600 5-29-90 5-29-91 $1,500,000 Excess of Primar DESCRIPTION OFOPERATIONS/LOCATIONS/VEHICLEsmPECIALnmm PROJECT: Key West International Airport Terminal. * CLAIMS -Made Form: 100% of coverage is provided by various Lloyds and London Companies. Board of County Commissioners of Monroe County, Florida as Additional Insured as respects the Engineers Professional Liability covers a for operations performed CERTIFICATE HOLDER P LAB= SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Board of County Commissioners of "' EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Monroe County, Florida MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Attn: Art Skelly, Airport Mgrs . Office LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Key West International Airport LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Kewy West, FL 33040 AUI iIORIZED REPRESCNTAInVE k059_fRW0 ACORD 25 S 1110 CGIRPORATION It$ • • .. SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES. ON 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 with Bid, Proposal or Contract No. for Key WestAnternational Airport •Terminal' Renovation & Expansion 2. This sworn statement is submitted by David Volkert & As"sociates, Inc. [name of entity submitting sworn statement] whose business address is 4960 S.W. 72nd Avenue.- Suite 4201 Miami, Florida 33155 and (if applicable) its Federal Employer Identification Number (FEIlN) is 63-6008050 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ') 3. MY name is Frederick E. Swindle and my relationship to the [please print name of Individual signing] entity named above is Regional Vice President 4. I understand that a 'public entity crime' as defined in Paragraph 287.133(1)(g), 13oride Statutes. means a violation of 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 with the United States, including, but not limited to, any bid or contract for goods 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 material misrepresentation. 5. I understand that convicted' or'coaviction' as defined in Paragraph 287.133(1)(b), Florida Statutes. 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. 6. 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 entity crime: or 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, partners, 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. 7. I understand that a 'person' as defined in Paragraph 287.133(1)(e), Florida Statutes, 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 let 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. & Based on information and belief, the statement which I have marked below is true In relation to the entity submitting this sworn statement. [Please Indicate which statement applies.] +• XXX Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agetils who are active In management of the entity, nor any affiliate of the entity have been Charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in 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, @M [Please indicate which additional statement applies.] There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor IisL [Please attach a copy or the final order.] The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. [Please attach a copy of the final order.] The person or affiliate has not been placed on the convicted vendor list. [Please describe any action taken by or pending with the Department of General Services.] [signature] ` Date• July 23, 1990 STATE OF Florida ' COUNTY OF Dadd PERSONALLY APPEARED BEFORE ME, the undersigned authority, Frederick E. Swindle who, after first being sworn by me, affixed his/her signature [name of Individual signing] in the space provided above on this 23rd day of July , 19 90 PUBLIC My commission expires: MC4nod"W E*riw Mrj 3. 9 Bw4ed In MWWd 80n*V AOWW :f