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03/24/1993THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A191 Standard Form of Agreement Between Owner and Design/Builder 1985 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED. This Document comprises two separate Agreements: Part 1 Agreement —Preliminary Design and Budgeting and Part 2 Agreement —Final Design and Construction. Hereinafter, the Part 1 Agreement is referred to as Part 1 and the Part 2 Agreement is referred to as Part 2. Before executing Part 1, the parties should reach substantial agreement on Part 2. PART 1 AGREEMENT -PRELIMINARY DESIGN AND BUDGETING AGREEMENT CG - 001 made as of the a q� day of Hundred and c/om-3). BETWEEN the Owner: Monroe County Board of County Commissioners (Name and address) 500 Whitehead Street Key West, Florida 33040 and the Design/Builder: Sowesco Development Corporataion (Name and address) 4100 Evans Avenue, Suite #18 Fort Myers, Florida 33901 For the following Project: (813) 939-1818 (Include Prolect name, location and detailed description of scope.) County Garage - Marathon Site in the year of Nineteen u -- z — z = - CO - The architectural services described in Article 2 will be provided by the following person or entity who is lawfully licensed to practice architecture: Carver & Associates (Name and address) P.O. Box 18645 Tampa, Florida 33679-8645 The Owner and the Design/Builder agree as set forth below. Copyright c- 1985 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 AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A191, Part 1 • OWNER-DESIGN/BUILDER AGREEMENT • FIRST EDITION A191-1985 • AIA' • g ??85 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE. PART 1-PAGE 1 Terms and Conditions —Part 1 Agreement ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 The Project is the total design and construction for which the Design/Builder is responsible under Part 1, in- cluding all professional design services and all labor, mate- rials and equipment used or Incorporated in such design. and construction. 1.1.2 The Work comprises the completed construction designed under the Project and includes labor necessary to produce such construction, and materials and equipment incorporated or to be incorporated in such construction. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 This Part 1 shall be signed in not less than duplicate by the Owner and Design/Builder. 1.2.2 Nothing contained in the Design/Builder Contract Documents shall create a professional obligation or con- tractual relationship between the Owner and any third party. 1.3 OWNERSHIP AND USE OF DOCUMENTS 1.3.1 The drawings, specifications and other documents furnished by the Design/Builder are instruments of service and shall not become the property of the Owner whether or not the Project for which they are made is commenced. Drawings, specifications and other documents furnished by the Design/Builder shall not be used by the Owner on other projects, for additions to this Project or, unless the Design/Builder is in default under Part 1, for completion of this Project by others, except by written agreement relating to use, liability and compensation. 1.3.2 Submission or distribution of documents to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as pub- lication in derogation of the Design/Builder's or the Archi- tect's common law copyrights or other reserved rights. The Owner shall own neither the documents nor the copyrights. ARTICLE 2 DESIGN/BUILDER 2.1 SERVICES AND RESPONSIBILITIES 2.1.1 Design services shall be performed by qualified ar- chitects, engineers and other professionals selected and paid by the Design/Builder. The professional obligations of such persons shall be undertaken and performed in the interest of the Design/Builder. Construction services shall be performed by qualified construction contractors and suppliers, selected and paid by the Design/Builder and acting in the interest of the Design/Builder. Nothing con- tained in Part 1 shall create any professional obligation or contractual relationship between such persons and the Owner. 2.1.2 The Design/Builder shall be responsible to the Owner for acts and omissions of the Design/Builder's em- ployees and parties in privity of contract with the Design/ Builder to perform a portion of the Work, including their agents and employees. 2.2 BASIC SERVICES 2.2.1 The Design/Builder's Basic Services areas described below and in Article 10. 2.2.2 The Design/Builder shall review the Owner's pro- gram to ascertain requirements of the Project and shall review such requirements with the Owner. 2.2.3 The Design/Builder shall provide, after consultation with the Owner, a preliminary evaluation of the program and Project budget, each in terms of the other. 2.2.4 The Design/Builder shall review with the Owner al- ternative approaches to design and construction of the Project. 2.2.5 The Design/Builder shall submit to the Owner a Pro- posal including the completed Preliminary Design Docu- ments, a statement of the proposed contract sum, a pro- posed schedule for completion of the Work under Part 2 and all other information necessary to complete Part 2. Preliminary Design Documents shall consist of preliminary design drawings, outline specifications and other docu- ments to fix and describe the size, quality and character of the entire Project, its architectural, structural, mechanical and electrical systems, and the materials and such other elements of the Project as may be appropriate. If the Pro- posal is accepted by the Owner, they shall then execute Part 2. Modifications to the Proposal before execution of Part 2 shall be recorded in writing as an addendum and be identi- fied in the Contract Documents of Part 2. 2.3 ADDITIONAL SERVICES All other services requested by the Owner and mutually agreed to in writing by the Owner and Design/Builder in Part 1, including, among others, changes in Project scope and program, shall constitute Additional Services and shall be paid for by the Owner as provided in Part 1. ARTICLE 3 OWNER 3.1 The Owner shall provide information regarding re- quirements for the Project, including but not limited to the Owner's design objectives, constraints and criteria. 3.2 If the Owner provides a budget for the Project, it shall explicitly include as separate line items contingencies for changes in the design and construction, and other costs which are the responsibility of the Owner. No budget shall constitute a fixed limit of construction cost unless such limit has been agreed to in writing by the Design/Builder. 3.3 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall examine the documents submitted by the Design/Builder and shall promptly render decisions pertaining thereto to a%oid de- lay in the orderly progress of design and construction. 3.4 The Owner shall cooperate with the Design/Builder in identifying required permits, licenses and inspections, and A191-1985 .41 AAIIA*DOCUMENT9 91. * ATHE AMERICANE INSTITUTE ADRC AGREEMENT NEW FIRSTEDITION YORKAVENUE, PART 1-PAGE 2 N.w., WASHINGTON, D.C. 20006 shall take appropriate action with reasonable promptness. 3.5 Prior to commencement of Basic Services, the Owner shall furnish a legal description and a certified land survey of the site, giving, as applicable, grades and lines of streets, alleys, pavements and adjoining property; rights -of -way, restrictions, easements, encroachments, zoning, deed re- strictions, elevations and contours of the site; locations, dimensions and complete data pertaining to existing build- ings, other improvements and trees; and full information concerning available services and utility lines, both public and private, above and below grade, including inverts and depths. 3.6 The Owner shall furnish services of geotechnical engi- neers and other consultants when such services are deemed necessary by the Design/Builder. Geotechnical engineers or other consultants shall be selected by mutual agreement. Such services shall include, as required, applicable test borings, test pits, soil bearing values, per- colation tests, air and water pollution tests, and other nec- essary operations for determining subsoil, air and water conditions, with reports and appropriate professional recommendations. 3.7 The services, information, surveys and reports re- quired by Paragraphs 3.5 and 3.6 shall be furnished at the Owner's expense, and the Design/Builder shall be entitled to rely upon their accuracy and completeness. 3.8 If the Owner observes or otherwise becomes aware of any fault or defect in the Work, the Owner shall give prompt written notice thereof to the Design/Builder. 3.9 The Owner shad furnish required information and services and shall render decisions with reasonable promptness to avoid delay in the orderly progress of the Design/Builder's services. 3.10 The Owner shall communicate with contractors only through the Design/Builder. ARTICLE 4 TIME 4.1 The Design/Builder shall provide the Basic and Addi- tional Services as expeditiously as is consistent with reason- able skill and care and shall complete the services in the time provided in Article 10. ARTICLE 5 PAYMENTS SA The initial payment provided in Article 9 shall be made upon execution of this Part 1 and credited to the Owner's account as provided in Subparagraph 9.1.2. 5.2 Subsequent payments for Part 1 Basic Services, Addi- tional Services and Reimbursable Expenses shall be made monthly on the basis set forth in Article 9. 5.3 Within ten days of the Owner's receipt of a properly submitted Application for Payment, the Owner shall make payment to the Design/Builder. 5.4 Payments due the Design/Builder under Part 1 which are not paid when due shall bear interest from the date due at the rate specified in Paragraph 9.5, or in the absence of a specified rate, at the legal rate prevailing where the prin- cipal office of the Design/Builder is located. ARTICLE 6 ARBITRATION 6.1 Claims, disputes and other matters in question be- tween the parties to Part 1 arising out of or relating to Part 1 shall be decided by arbitration in accordance with the Con- struction Industry Arbitration Rules of the American Ar- bitration Association then in effect unless the parties agree otherwise. No arbitration arising out of or relating to Part 1 shall include, by consolidation or joinder or in any other manner, an additional person not a party to Part 1 except by written consent containing specific reference to Part 1 and signed by the Owner, Design/Builder and any other person sought to be joined. Consent to arbitration involving an additional person or persons shall not constitute consent to arbitration of a dispute not described therein or with a person not named therein. This provision shall be specifi- cally enforceable in any court of competent jurisdiction. 6.2 Notice of demand for arbitration shall be filed in writ- ing with the other party to Part 1 and with the American Arbitration Association. The demand shall be madewithin a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for ar- bitration be made after the date when the applicable statute of limitations would bar institution of a legal or equitable proceeding based on such claim, dispute or other matter in question. 6.3 The award rendered by arbitrators shall be final, and judgment may be entered upon it in accordance with ap- plicable law in any court having jurisdiction. 6.4 Unless otherwise agreed in writing, the Design/Build- er shall carry on the services and maintain progress during any arbitration proceedings, and the Owner shall continue to make payments to the Design/Builder in accordance with Part 1. 6.5 This Article 6 shall survive completion or termination of Part 1. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 This Part 1 shall be governed by the law of the place where the principal office of the Design/Builder is located. 7.2 The table of contents and the headings of articles and paragraphs are for convenience only and shall not modify rights and obligations created by Part 1. 7.3 In case a provision of Part 1 is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected. 7.4 SUCCESSORS AND ASSIGNS 7.4.1 This Part 1 shall be binding on successors, assigns and legal representatives of and persons in privity of con- tract with the Owner or Design/Builder. Neither party shall assign, sublet or transfer an interest in Part 1 without writ- ten consent of the other. 7.4.2 This Paragraph 7.4 shall survive completion or termi- nation of Part 1. 7.5 EXTENT OF AGREEMENT 7.5.1 Part 1 represents the entire agreement for Prelimi- nary Design and Budgeting and supersedes all prior nego- tiations, representations or agreements. Part 1 may be AIA DOCUMENT A191, Part 1 • OWNER-DESIGN/BUILDER AGREEMENT • FIRST EDITION A191.IM • AIAa • ci%5 • THE AMERICAN INSTITUTE Of ARCHITECTS,173S NEW YORK AVENUE, PART 1-PAGE 3 N N' WASHINGTON. D.C. 20006 amended only by written instrument signed by both Owner and Design/Builder. 7.6 In case of termination of the Architect, the Design/ Builder shall provide the services of another lawfully li- censed person or entity against whom the Owner makes no reasonable objection. ARTICLE 8 TERMINATION OF THE AGREEMENT 8.1 Part 1 may be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 8.2 Part 1 may be terminated by the Owner upon at least seven days' written notice to the Design/Builder in the event that the Project is permanently abandoned. 8.3 In the event of termination not the fault of the Design/ Builder, the Design/Builder shall be compensated for ser- vices performed to termination date, together with Reim- bursable Expenses then due and Termination Expenses. Termination Expenses are expenses directly attributable to termination, including a reasonable amount for overhead and profit, for which the Design/Builder is not otherwise compensated under Part 1. A191-1985 AIA DOCUMENT A191, Part 1 • OWNER-DESIGN/BUILDER AGREEMENT • FIRST EDITION • AIA• • 01985 • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE, PART 1-PAGE 4 N.W., WASHINGTON, D.C. 20006 ARTICLE 9 BASIS OF COMPENSATION The Owner shall compensate the Design/Builder in accordance with Article 5, Payments, and the other provisions of Part 1 as described below. 9.1 COMPENSATION FOR BASIC SERVICES 9.1.1 FOR BASIC SERVICES, compensation shall be as follows: Lump sum amount . . . . . . . $26,000.00 Twenty-six thousand dollars 9.1.2 AN INITIAL PAYMENT of zero ---------------------- dollars ($0----------- shall be made upon execution of Part 1 and credited to the Owner's account as follows: 9.1.3 SUBSEQUENT PAYMENTS shall be as follows: As established in Paragraph 5.2 9.2 COMPENSATION FOR ADDITIONAL SERVICES 9.2,1 FOR ADDITIONAL SERVICES, compensation shall be as follows: Hourly rates to be submitted to the Owner for approval. 9.3 REIMBURSABLE EXPENSES 9.3.1 Reimbursable Expenses are in addition to Compensation for Basic and Additional Services and include actual expenditures made by the Design/Builder and the Design/Builder's employees and contractors in the interest of the Project for the expenses listed as follows: None 9.3.2 FOR REIMBURSABLE EXPENSES, compensation shall be a multiple of zero----------( 0----) times the amounts expended. 9.4 DIRECT PERSONNEL EXPENSE is defined as the direct salaries of personnel engaged on the Project, and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 9.S INTEREST PAYMENTS 9.5.1 The rate of interest for past due payments shall be as follows: (Usury laws and requirements under the federal Truth in lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Design;Builder's principal places of business, at the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletion, modification or other requirements, such as written disclosures or waivers.) None 9.6 IF THE SCOPE of the Project is changed materially, the amount of compensation shall be equitably adjusted. 9.7 The compensation set forth herein shall be equitably adjusted if through no fault of the Design/Builder the services have not been completed within ( ) months of the date of Part 1. AIA DOCUMENT A191, Part 1 • OWNER-DESIGNIBUILDER AGREEMENT • FIRST EDITION A191-INS • AIA* • C1985 • THE AMERICAN INSTITUTE OF ARCH ITECTS, 1735 NEW YORK AVENUE, PART 1-PAGE S ,. ,. ncuvrTn•.. n r r"v, ARTICLE 10 OTHER PROVISIONS 10.1 The Basic Services to be performed shall be commenced M upon Notice to Proceed and, subject to authorized adjustments and to delays not caused by the Design/Builder, shall becompleted in thi rty (30 ) calendar days. 10.2 The Basic Services beyond those described in Article 2 are: that these Part 1 Basic Services are to be performed,except as modified herein, in accordance with the Bid Documents dated August 1, 1992 and Addendum No. 1 dated January 26, 1993. 10.3 The attached Supplemental Terms and Conditions, pages 1 through 6, amend, supplement or clarify these "Terms and Conditions -Part 1 Agreement, AIA Document A191, Part 1 - 1985 Edition". This Part 1 entered into as of the day and year first written above. OWNER Monroe County Board of County Commissioners Jo.c - London DESIGN/BUILDER Sowesco Development Corporation _ BY _ BY - ------- (Seal) Attest: Danny L. Kolhage, Clerk By: G. Date: 3, Z�1J t J APPROVEDAS��, NO F A191.IM AIA DOCUMENT A191, Part 1 • OWNER-DESIGNiBUILDER AGREEMENT • FIRST EDITION • AIAs • 01995 • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE, PART 1-PAGE 6 N.W., WASHINGTON, D.C. 20006 SUPPLEMENTAL TERMS & CONDITIONS Paragraph 1.1.1 - Delete in its entirety and insert: "The Project is the total design pursuant to construction for which the Design/Builder is responsible under Part 1, including all professional design services." Paragraph 1.2.1 - Delete the word "duplicate" and insert the word "quadruplicate" in its place. Paragraph 1.3.1 - Delete in its entirety and insert the following in its place: 'The Owner shall have the right to utilize all designs, reports and any other documents produced under the Phase I services for furtherance of the construction of the project. This right to use of product shall be retained by the Owner regardless of subsequent decision to award Phase II services to another entity. The Owner reserves the right to utilize the design at other locations determined by the Owner. If used in a location other than the site specifically designed for in this Agreement, the Design/Builder's obligations and liabilities for the Contract Site will not carry to subsequent sites." Paragraph 1.3.2 - Delete in its entirety. Add Paragraph 2.1.3: "Should any claims be asserted against the Owner by virtue of any deficiency or ambiguity in the plans and specifications provided by the Design/Builder, the Design/Builder agrees and warrants that he shall hold the Owner harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on Owner's behalf." Paragraph 3.3 - Delete in its entirety and insert: "The Owner's designated representative authorized to act on the Owner's behalf with respect to the Project is the Monroe County Board of County Commissioners, which meets to consider agenda items scheduled two weeks in advance, approximately every three (3) weeks. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services." Add Paragraph 3.11: "The Owner's review of any documents prepared by the Architect or its consultants in this phase and subsequent phases of design shall be solely for the purpose of determining whether such documents are generally consistent with the Owner's construction program and intent. No review of such documents shall relieve the Design/Builder of its responsibility for the accuracy, adequacy, fitness, suitability and coordination of its work product." CG-001 Page 1 of 6 Add Paragraph 3.12: "The Owner's on site project representative to observe the Work and administer the Part 1 Agreement is the Construction Manager." Paragraph 5.1 - Delete in its entirety. Paragraph 5.2 - Delete in its entirety and add the following: "Payments for Part 1 Basic Services and Additional Services shall be made monthly based upon the status of the work. Invoices shall be submitted monthly to the Construction Manager for review and the Construction Manager shall forward these Applications for Payment to the Owner for approval and payment. The Design/Builder shall provide documentation as required by the Owner and Construction Manager to substantiate the requested percentages of the Basic Compensation. Final payment will be withheld until Owner approval of the Phase 1 documents." Paragraph 5.3 - Delete the word "ten" and insert the word "thirty" in its place. After the word "shall" insert the words "endeavor to". Paragraph 5.4 - Delete in its entirety. Article 6 - Delete in its entirety and insert: "Article 6 - Claims and Disputes 6.1 Claims, disputes, and other matters in question between the parties to Part arising out of or relating to Part 1 shall be decided by litigation in the Circuit Court of the 16th Judicial Circuit of the State of Florida. 6.2 Unless otherwise agreed in writing, the Design/Builder shall carry on the services and maintain progress during any dispute, claim or other matter in question between the parties to Part 1, and the Owner shall continue to make payments to the Design/Builder in accordance with Part L" Paragraph 7.1 - Delete in its entirety and insert the following: "The contract shall be governed by the laws of the State of Florida. Venue for any claims or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of the State of Florida." Paragraph 8.3 - Delete the last sentence and add the following: "Termination expenses shall be limited to bonafide costs directly attributable to termination. A mark-up of 15% shall be added to documented termination costs to cover all overhead and profit. The Owner shall have sole discretion in determination of allowable termination costs." Paragraph 9.5 - Delete in its entirety. Paragraph 9.7 - Delete in its entirety. CG-001 Page 2 of 6 Add Paragraph 10.4 - "Insurance" and the following subparagraphs: "10.4.1 Following award, but prior to execution of the contract the Design/Builder shall provide satisfactory evidence to the Owner, that the Design/Builder at their own expense, has obtained the limits of insurance specified under this Paragraph. The insurance form included in this section is to be executed, unmodified, and submitted as the certificate of insurance. The Design/Builder will also ensure that all consultants and subcontractors in any tier have obtained the same insurance as specified. 10.4.2 Delays in the commencement of work resulting from the failure of the Design/Builder to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this contract and penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time. 10.4.3 The Design/Builder, and all consultants shall maintain the required insurance throughout the entire term of this contract and any extensions specified. If any coverages are required to remain in force after final payment, a certificate evidencing continuation of such coverage shall be submitted along with the application for final payment. 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 Design/Builder to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended. 10.4.4 The acceptance and/or approval of the Design/Builders insurance shall not be construed as relieving the Design/Builder from any liability or obligation assumed under this contract or imposed by law. 10.4.5 Indemnification and Hold Harmless. The Design/Builder covenants and agrees to indemnify and hold harmless Monroe County, Monroe County Board of County Commissioners, and Morrison-Knudsen/Gerrits from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County and Morrison-Knudsen/Gerrits) 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 Design/Builder or any of its consultants or subcontractors in any tier, occasioned by the negligence or other wrongful act or omission of the Design/Builder or its consultants or subcontractors in any tier, their employees, or agents. The first ten dollars ($10.00) of remuneration paid to the Design/Builder is for the indemnification provided for the above. CG-001 Page 3 of 6 CERTIFICATE OF INSURANCE MONROE COUNTY In consideration of the premiums charged on the insurance policies =town in this certificate, this certificate is issued to the certjficate bolder tlbown below. This —e .. _h ss— ...w,. — of e!de t tsv the policies listed below cxcevt as shown below. u ccr taic outs urn .......... ............ o..,...._ �.�-�- -- i COMPANIES APFORDWG ODVERAGES NAME t ADDRESS OF QiSURFD 1 1 Compaq lama A i Compaq leas B i I NAME A ADDRESS OF AGENCY: Company lens C i i Compaq lever D i I Company Lever E 1 This is to certify that the insurance policies listed below have bens issued to the WK%-cd and are enforced at this time It is sgreed that Done of these policies will be aocesed or changed without providing 60 days wrinen mum 0( soh cancellation of change to the certificate holder, except 30 do" for Woman' ComperratioD. CO LTR TYPE OF INSURANCE POLICY i EFFECTIVE DATE EXPIRATION DATE All. UMrIS IN THOUSANDS General Liability General Aggregate f o Commercial General (lability Products-Comp/Ops Aggregate f O Claims Made 0 Occurrence Personal A Advertising Injury f O owners it Contractors Protective O X C. U. Coverages Each Ooatrtenoe f O Broad Form Property Damage Fire Damage (any one fire) f O Independent Contractor Medical Expense (-y one pew) f O Blanket Conuaau it Automobile Liability Bodily Ind (Each Pasco) O Any Auto (Each AcW-) f O A0 owned Moos O Scheduled Autos Property Damage f O Hired Autos Bodily lop" and Property f Damage Combined 0 Non4)wned Autos Excess Liability o Umbrella Form Bodily Injury and Property f O Other than Umbrella Form Damage CombOed f O Claims Made a Oetwrence Worts' Compensation and Wormers' Compensstion Statutory Employers' liability f Employers' liability Other f Comments: Monroe County. Monroe County Board of County Commissioners and Morrison-KnudsentGerrits are named as additional insureds with respect to the General Liability, Vehicle Liability, Professional Liability and Excess Liability Policies Name and Addreu of the Certificate Holder. Date Issued: Monroe County c/oMorrison-Knudsen/Gerrits Authorized Representative: 5090 College Road Address: Key West, Florida 33040 Telepb— The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 10.4.6 Workmens Compensation. The Design/Builder shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state's statutes. In addition, the Design/Builder shall obtain Employers/ Liability Insurance with limits of not less than: $ 200,000 Bodily Injury by Accident $ 500,000 Bodily Injury by Disease, each employee $ 500,000 Bodily Injury by Disease, policy limits 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 Design/Builder has been approved by the Florida's Department of Labor, as an authorized self -insurer, the County shall recognize and honor the Design/Builder's status. The Design/Builder shall be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Design/Builder's Excess Insurance Program. If the Design/Builder participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Design/Builder will be required to submit updated financial statements from the fund upon request by the County. 10.4.7 General Liability. The Design/Builder shall obtain General Liability Insurance with the following minimum coverages: a. Premises Operations b. Products and Completed Operations C. Blanket Contractual Liability d. Personal Injury Liability e. Expanded Definition of Property Damage f. Medical Payments The minimum limits acceptable shall be: $ 500,000 Combined Single Limit (CSL) $ 5,000 Medical Payments CG-001 Page 5 of 6 If split limits are provided, the minimum limits acceptable shall be: $ 250,000 per Person $ 500,000 per Occurrence $ 50,000 Property Damage $ 5,000 Medical Payments An Occurrence Form policy is preferred. If coverage is provided on a Claims Made Policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of the Work by the County. 10.4.8 Vehicle Liability. The Design/Builder shall obtain Vehicle Liability Insurance with following minimum coverages: a. Owned, Non -Owned, and Hired Vehicles b. Medical Payments The minimum limits acceptable shall be: $ 100,000 Combined Single Limit (CSL) $ 5,000 Medical Payments If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $ 100,000 per Occurrence $ 25,000 Property Damage $ 5,000 Medical Payments 10.4.9 Architects Errors and Omissions Liability Insurance. Recognizing that the Work governed by this Agreement involves the furnishing of architectural services, the Design/Builder shall purchase and maintain, throughout the life of the contract, Architects Errors and Omissions Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Design/Builder arising out of the Work governed by this contract. The minimum limits of liability shall be: $ 500,000 per occurrence " Add Paragraph 10.5: "At no time will the Owner be obligated to award a Part 2 Services Contract to the Part 1 Services Design/Builder, regardless of the outcome of the Part 1 effort." CG-001 Page 6 of 6 9MORRISON RRrM KNUDSEN A JOINT VENTURE P.O. Box 5283 Key West, Florida, 33045-5283 (305) 292-7845 LETTER OF TRANSMITTAL DATE: _ JOB NO.: ATTENTION: RE: WE ARE SENDING YOU X Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints ❑ Plans f-1 ('nnv of letter ❑ Change order ❑ ❑ Samples the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION _. 43 THESE ARE TRANSMITTED as checked below: ()(For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE REMARKS: I ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints 19 ❑ PRINTS ,RETURNED �AFTER LOAN TO US COPY TO: SIGNED: EN6500 #4654190 MONROE COUNTY In omen eation of the plrmlumt durgod on the immlee polidea shown In (hit certiftte, this artiMate is issued to the orrtilicate holder shown below. 'This .A- _......._,.A .-#—A ..' wtry the ertwrraee Afforded bw the polides listed below except ss shown below. RAW s ADDRM OF VMRAD: i COMPANMS APPORDWO COVER4001M \ Carver lot Associates L-W A Security Ins Co of Hartford P.O. Box 18645 IC-* Tampa, FL 33679-8645 P'4' L0fef ° St Paul Fire & Marine Ins Co HA1MM A ADDRrM OP AOEUCY: >,\ � . , , ^� J Inc. Par'' c Fla Transp Bldrs Assoc cnmpery Utter D Suncoast Insurance Associates, P .O. Box 22668 � t Tampa, FL 33622-2668 9bil i1 to artily that the, insurance, poriciee listed below bow bean bared to the brand and sra mroned at slob rhos. It is speed that none of Mae polkia will be arxelled without PrOM4640dar widen nodes of ►veb a00e40on of AMP to the eeNnaa bcli.r, e,scapl to eve tax wertew ccopene""L *See form SC-100 attached. OO L7p TYPE OP INSURANCE POLICY I BFPECllVii DATE P.XPIRATION DATE ALL LiMTPS IN TI(OUSANl7S General ILbYhy General A1HirgAw 12,990 B 1XComascid Oene,ral uabluy Binder5537 04-01-93 04-01-94 Produrtao0=0'ope AWeVW 12,000 a Clalma Made K Oteurrwm O Owner's A Contrsctnra Pro mKv Pereonat A Adf«ti►inj lnjwy 51,000 O X G. V. CoMera►a Pweh Oeoueena s 1,000 i(Bnwd Pam Ptopem Damp Pke Damp (any one &-t) = 1 000 O kwgwtdenl Contromn Medical EtPenee arm p (am arm t 5 tXDlanket cwws twt B Automobile Usbliy Binder553 04-01-93 04-01-94 Bodily t,jt„ y p Any Auto (PArh Perxx+) i G All awned Autos (Each AeeldenU t O SebWMW Auto& Property bamase S K HM Auto& Bodily Injury and Propaq 11, 000 Damp Combined C[ Non.Owoed Auta lame Liability O UmbtWa Norm noddy 1nJury end PrgviV f 0 Other than Umbrella Fnrm Demate Combined O CLima Mads C 000u rwm wort'"' Compensation and inder5538 04-01-93 01-01-94 worsen' Compena wn Sastutory „' tlab ty s 100 C Employs.' Uabiliy A other Professional Liability PL891895- 03-25-93 03-25-94 500 F"mentat Monroe County, Monroe Ceuny Board of Owny C4amiabn rV and M«rGat-K%WJ'tft*#Mu are named a additlowai buuredt With MP$a to the Oeneral Uabn'4Vehkle Ualm y, :, Name and Addres of the Certirxaw Haider. Date IMued: 04-02-93 _ .44 Monroe County c/o Morrison-Knudsen/Oerrils Authaize,d Repr.sentetive e !LJ( 600 N. Westshore Blvd. , Ste. 300 5090 College Rand Addrse: Key west, nrtlidn 33040 Tampa, FL 33609 Tekptwn : 813 / 289-5200 NAMED INSURED: Carver & Associates Certificate amendment form SC-100 Pursuant to Florida Law: Statute 627.728 for Automobile policies Statute 627.4133 for all other policies IN THE EVENT OF CANCELLATION, THE CERTIFICATE HOLDER WILL RECEIVE NOTICE THIRTY ( 30 ) DAYS PRIOR TO CANCELLATION.,, FOR WORKER'S COMPENSATION AND . SI%Ty'60) DAYS PRIOR TO CANCELLATION FOR PROFESSIONAL LIABILITY AND GENERAL LIABILITY. THIS AMENDMENT DOES NOT APPLY TO NOTICE OF CANCELLATION FOR NONPAYMENT OF PREMIUM. IN THIS EVENT, THE CERTIFICATE HOLDER WILL RECEIVE NOTICE TEN (10) DAYS PRIOR TO CANCELLATION. AUTHORIZED -REPRESENTATIVE Nothing herein contained shall be held to vary, waive, alter or extend any of the terms, conditions, agreements or declarations of the policies listed on the certificate other than as herein stated. CERTIFICATE OF INSL7RANCE MONROE COUNTY In cotpMe melon of the premiums chinaf on the bwww a polic ss sboi n in thB cectiacate, this eertitkate is Isued to the cergfkate holder shows blot. nis oatlf)mte does not amend, ai=W at alter the: ommge afforded by the polkies Wted below to cW as shown below. MAKE A ADDAW OF OWNED. � COMPANTO MfbRDW OOMAOIX Sowesco DevelopmAt Corporation `J Com"VLAW A 940 Chalmer , Maryland Casualty Maxco,' Isl anq, FL;. j33837 Y�J LwwB N Travelers Ins. Co. NAME ! ADORM OF AIRENCY: J .' ` LOWN C Ital iant� 1n5.ufiance Services, inc. -fi9415 PO Box Tampa, FL 33679 ryl� ; c.4.p" t+taW is Tab it to attda that the hump a po0da toad bdw hne been rued to the loured and me enforced at the time. It i spaed the none d thew paid- *9 bo an*" Or dmkpd Mhb A XvA ft 0 d" adtten nodoe of aah moodwioa of dwdV to tbo @wLdkm boWw, a mpt 30 kayo fat Wattaea' C.Ompmutlod 00 LYR TYPE OF VOURANCB POLICY a BPPocnve DAW W WMATION DA18 ALA, tiUM IN' "OMANDg Oeowd Wbfflq tst-wW AWepte 1 11000, A p ndmmor . - � o E C A Pttaat C4atPppe Ada a Ow" Mae o t7ttetffmal 7 2 9 9 2 7 2 9 9 3 19000, O Ptwoaal A Alw dWas 1g M 1 1.000, 13 x to U. oww"" Sate oaarsana f 1 000 O &=d rat- Pea,-tj DoV Plt. Damp (.ter ON fkv) 1 50, 0 Wepwdeot Oaattaums Meaty 4� O Bw" Coot"" 5, O AM ANO (1lar6 ►-etrt) f a M aaeai Ant" O Sdm&JIW Atuee D—F i A Hk d wwa. - . __ E C A 16810187 7 29 92 7 29 93 no*,*" -d Pima ty DumpC40blow f 1,000, NoaOattNAata. - Zwm thblaq a u-be.k rat„ sash, tnF.r a w rtapwtr f O Odw thae U-bncaa rate Dauap Canbiead 17 Ch" Mae 13 Oeetttanea B Watim. comps "tion ani 6 UB WMtwe CVw" w = SWAM F Ip'°qa" 691v8492 2 8/8/92 8/8/93 , e.piayw. LlabRtp f 1,000I otaw -7 f Comoaeta Mom* Own% Mow" Q%m Bored of Q" comwYtfoaaa atd Moattoo•RoadMQad4 arc amw w 8"0-w b wM& eitb raapett to ttte General LAWib. V"dt LhW w, Pta(ewI=W L MOW and Bow 1Ab6gr Pull :1- Now wW Akitw of dw C«,Ibwa liewr. Date ttatetd 3 / 2 3 / 9 3 Monme County 0o Manison-Keudw,10errlts Aathonwd Repmmta0w.- I t a l i a n o Insurance Services, Inc. 5M W tie Road ,A*vw PO Box 18425 �• Key West, F)ori b 33040 Tampa = FL 13679 , .> • - . �.:, _.. , `�.. t813) 831- 7799 Td"b— Seitlin & Company P. 0. Box 025220 Miami, FL 33102-5220 CODE INSURED Steven Feller PE Inc. 2701 W Oakland Park Blvd. Suite 310 Ft. Lauderdale FL 33311 COMPANY A LETTER COMPANY B f� SUB -CODE LETTER COMPANY C LETTER COMPANY D,1,,Ag__ ��� ea __yr LETTER �l �t�h" COMPANY LETTERS E Security Ins. Co. of Hartfo 1r7`� air THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISPED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THIs'TOE7CT%GKuuu INDICATED NOTKTTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANYCONTRACT OR OTHER DOCUMENT WITH RESPECT TO WINCH 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 POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDrM DATE (MM/DD/YY) LT GENERAL AGGREGATE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY PERSONAL CLAIMS MADE a OCCUR. OWNERS & CONTRACTOR'S PROT. EACH OCCURRENCE AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-01AWED AUTOS GARAGE LIABILITY For prnt the agar iT)SUra(►C s t all S S i !1J131 1 i mw : :. " l ieli t i iYai�r„71, c , h i t iif! pe 1 t 1 OIL Of the l i ty core-, the otal � g D ciai-Bs pre- Cy p2 r i pQ far i "w.ed COMBINED SINCLB LIMIT BODILY INJURY (PR. PER.) BODILY INJURY PROPERTY DAMAGE EXCESS LIABILITY OTHER THAN UMBR. FORM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER Prof. Liability DESCRIPTION OF OPERATIONS/LOCATIONS/VEIIICLES/SPECIAL ITEMS PROJECT: Maintenance garage at Marathon Site Monroe County ATTN: Martel Farr 10600 Aviation Boulevard Marathon, FI. 33051 STATUTORY EACH I AGGREGATE (EACH ACCIDENT) (DISEASE-POL. LIM.) (DISEASE -EA. EMPL.) $500,000 Ea. Claim $500,000 Ann.Agg. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUr FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUT110R17.ED EPRESENTATIVE -- _.