03/24/1993 Agreement
1Bannp 1.. Itolbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
MEMQBAHI!.YM
TO:
Larry Keys,
Morrison-Knudsen/Gerrits
~.
Isabel C. DeSantis, Deputy Clerk ~ .~.
FROM;
DATE:
April 30, 1993
~~ .tAl
On }Fril It, 1993 - The Board of County Commissioners
authorized execution with Gonzalez Architects of the following
Contracts:
Contract JS-99C, for design of a new 40,000 square foot
facility to be constricted at Jackson Square to house Monroe
County JUdiciary;
Contract JS-99G, for conceptual design for renovation
of the Old Monroe County Courthouse for the Clerk of the court;
Contract CG-101, for design of construction of a Monroe
County Public Works Garage, approximately 10,800 square feet, to
be located on stock Island;
Contract JS-99D, for design of renovation of the Monroe
County Courthouse Annex at Jackson Square, for the Monroe County
Judiciary;
Contract JS-99B, for design of renovation of the Lester
Building at Jackson Square for relocation of the State Attorney,
Supervisor of Elections, and one County Commission Chamber;
Contract JS-99F, for design and site placement of
temporary facilities and interim occupancy of Courthouse Annex
building at Jackson Square for County JUdiciary, Clerk of the
Court, and the Sheriff's Court Support Department, during
rehabilitation of the Jackson Square Complex;
Contract JS-99A, for design relocation of the Jackson
Square Sheriff's facility to a new location at the new detention
facility.
cc: County Attorney.
County Administrator w/o document
Finance Director
File
AlA Document B141/CMa
Standard Form of Agreement Between
Owner and Architect
\f7Jere tbe Constructioll .\tanager is .vOT a Constmctor
1992 CONSTRUCTION MANAGER-ADVISER EDITION
THIS DOCl',l1E.\T HAS 1.11PORTAST LEGAL COSSEQCESCES, COSSCLTATIOS ~'ITH AS
ATTORSl:T IS ESCOCRAGED \'OTH RESPECT TO ITS CO.\1PLETIOS OR .\10DIFICATIO.\'
TlJis document is intended to be uSl'd in conjulIClioll witb tbe 1992 editimlS of
.-IIA Documellts 8801/C.l1a, AIOI/CJla Qlld A201/C.\1a,
AGREEMENT JS-99 C
AlE * 93001.04
made as of the
~lf~
day of
~~
in the year of
BETWEEN the Owner: Monroe County Board of County COl1lDissioners
/,\,,,1/,' ,,,"l ",ldreSS) 500 Whi tehead Street
Key West, Florida 33040
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and the Architect:
Gonzalez Architects
3130 Northside Drive
Key West, Florida 33040
(305) 294-3748
(-,",,,,It' (/lId ilddress)
for the following Project:
!/nt-,';Illt' dl'r,illed ,,('-,(n/HJ."l r~l J'n'!l'd /"l,l!!fJ11. address allcl..\"pt' J
Design of new 40,000 square foot facility to be constructed at Jackson Square to house Monroe
County Judiciary.
The Construction ~lanager is: Morri son-Knudsen/Gerri ts
/SOIl1,' <l1Ii1 address) P.O. Box 5283
Key West, Florida 33045
(305) 292-7845
The O\yner and .\rchitect agree as set forth helmy,
(:\~"\\ ~:~ht lq-~. ll):-\ll. ; lU'),2 h\' Tht: .-\mt.:'flcan In...llwtc: of .\.n:hlIcd:'o, 1-."':; "'t",y Y\ lfh A\-,:;~uc'. :\ \X \\'.l..h!n~t(ln. [) l~ ..!()()oh-':;..!l)2 RC"prodw:lIon, Ifrhe ffiJrt'nJ: ht'rt'\I1
llf "u~"'lJI1lJ..1 4WHJtJun (lr J[... pr()\"l~HlI1" \"\"lllhlUr the wrITtt:'n pt'rmiS~H)!) 01 tilt: .\I.\. n\';.Hc~ tht: l.-tIP\'fl~ht IJw'" (If [he l"nHeJ S[~lte'i JnJ will ~U~tI.."C[ the \'i. ..iiOf ill
k~~il pfllselution
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AlA DOCUMENT B141/CMa . O\X~ER,""RCHITECT AGRED1E'\T . CO,\qRl'CfION ~t~NAGER.
,~D\'JSER EDlTIO", . 1992 EDITIO'\ . AI.~~ . f 19<)2 . THE ,~~IERIC~", IV;TlTl'TE OF ARCHITECfS,
,-,,, 'f'\ \['R~: \\1'''1' ,\\' \\'\'HI'r,T<" OC 2'"''''',''2<)2 . WARNING: Unlicensed
q~,11/rM::>_100? 1
2.4.4 The :\rchllect shall assist the Owner and Con<truction
\bn.l~er in the prepJrJtion of the necessary biddin~ infor-
11l;1t1l ;0, biddlOg forms, the Conditions of the Contracts. and
the forms of :\greemem between the Owner and the Con-
trad"rs The\rchitect shall Jssist the Construction \Ianager
in Is,ulOg hidding documel1ls to hidders and conducting pre-
hllJ conferences wnh prospective bidders, The Architect. with
the ~lssistJIKe llf (he Cunstruetion :l.lanager. shall respond to
questlllOS frnm bidders, Jnd shall issue Jddenda,
2.4.5 The ,\rchllect shall Jssist the Owner and Construction
\Lllu~er in conneClll)J1 with the Owner's responslhility for
filing'documents required for the approval of gm'ernmental
aUllll1rnies !1a\ing jurisdiction O\'er the Project.
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The .\rchitec!. following Ihe Owner's appro\'Jl of the
Construction Documems and of the Construction \LmJger's
):lIest estimate of Construction Cost, shall assist the Construc-
ti"n \Llnager 10 ohtaining hids or negotiated proposals ;1Od
a"i,t In preparing contracts for construction,
2.6 CONSTRUCTION PHASE-ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
2.6.1 The ,\rchitect's responsibility 10 provide Basic Services
for the Construction Phase under this Agreemem commences
with the aW:lfd of the Comract for construction and terminJtes
Jt the earlier of the issuance to the Owner of the fiml Project
Certificate for P"Jymem or 60 days after the date of Substan-
tial C,)mpktilln of the \X'ork,
2.6.2 The .\rchitect shall pro\'ide administration of the Con-
tract for construction in cooperation with the Construction
\Ianager as set forth bdow and in the edition of AlA Docu-
ment ,\2OJ/C\la, GenerAl Conditions of the Contract for Con-
struction, Construction \Ianager-Adviser Edition. current as
of the date of this Agreement.
2.6.3 Duties. responsibilities and limitations of authority of
the ,\rchitect shall not be restricted. modified or extended
without written agreement of the Owner and Architect with
consem of the Contr3ctorS Jnd the Construction \Ianager.
\\'hich consent sh311 not he unreasonably withheld,
2.6.4 The ,\rchitect shJlI he J representati\'e of Jnd shall
Jd\'lse :lnd consult with the Owner (I) during construction
until final payment 10 the Comractors is due. and 12) JS an
.\dditional Service Jtthe Owner's direction from time to time
during the correction period described in the Contr3Cts for
Construction The .\rchitect sh3ll have authorit\- t,) Jct on
hehalf uf the Owner unly to the extent provided in this Agree-
ment unless otherwise modified by written instrument,
2.6.5 The Architect shall visit the site at intervals appropriate
to the stage of construction or a~, 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
manner indicating that the \Xbrk when completed will be in
accordance with the Contract Documents, Howe\'er, the
,-\.rchirect '11311 nllt he required to make cxhJustin: or con-
lInuous un-'lIe inspectiuns to check the quality or Lju3ntity
of the \,\'ork, On the h3sis of on-site obsen'ations 3S an
architect. the :\rchitect sh311 keep the Owner informed of the
progress and qU;llit\' of the Wurk. and shall endea\'or to
guard the Owner against defects and deficiencies in the
Work, (\lore ('xlells/n' s/Il' Tl'prl'St'lltalioll may b.! agreed 10
as all A,llllliu/lal .'len'/ce, as desaihed ill paragrapb 3.!)
2.6.6 The Architect shall not ha\'e control over or charge of
Jnd shall not be responsible for construction means. methods,
techniques, sequences or procedures. or for safetv precautions
Jnd progr3ms in connection with the Work. slOce these are
the Contr3ctorS' responsibility under the Contracts for Con-
struction, The Architect shall not be responsible for the Con-
tractors schedules or failure 10 carr\' out the Work in Jccor-
dance with the Contract Documents, The Architect sh3ll not
he resr<1nsible for the pert'()f\l1ance hv the Construction \lan-
agel' of the services required h\' the Cunstructl< ,n \lJnager's
agreement with the Owner, The Arcl11lcct shall not h3\'e con-
trol o\'er or charge of acts or omissions of the Contractors,
Subcontractors, or their agents or employees. or of 3ny other
persons performing services or portions of the \X'ork,
2.6.7 The Architect shall at all times have access 10 the Work
wherever it is in preparation or progress,
2.6.8 Communications b\' and with the Architect's consul-
tants ,hall he through the ,\rchitect
2.6.9 Based on the Architect's obsen'3tions and evaluations
of e3ch Contractor's ,\pplication for Pa\'ment. the ,\rchi-
tect shall re\'iew 3nd certify the Jmounts due the respec-
ti\'e Contractors,
2.6.9.1 The Architect's certification for payment shall con-
stitute a representation to the Owner. based on the Architect's
observations at the site as pro\'ided in SuhpJragraph 2,6,':;,
on the recommendations of the Construction \13nager and
on the data comprising the Contraetors' Applications for 1>;1\'-
ment. that. to the best of the Architect's knowledge, infor-
mation ;lnd belief. the \1(()rk has progressed to the point indi-
cated and the quality of the '-"'ork is in accordance with
the Contract Documents, The foregoing representations are
subject to an evaluation of the Work for conformance with
the Contract Documents upon Substantial Completion. to
results of subsequent tests and inspections. to minor devia-
tions from the Contract Documents correctable prior to
completion and to specific qualifications expressed by the
Architect. The issuance of a Certificate for Payment sh31l
further constitute a representation that the Contr3ctor is
entitled to p3yment in the 3mount certified,
2.6.9.2 The issu3nce of a Cenific;lte for P"J\'ment shall not
be 3 representation that the .\rchitect has (I) made exh3usti\'e
or continuous on-site inspections to check the qUJlity or qU3n-
tity of the Work, (2) re\-iewed construction means. methods.
techniques. sequences or procedures, (.3) re\'iewed copies of
requisitions recei\'ed from Subcontractors and material sup-
pliers and other data requested by the Owner t(l .;ubstantiJte
the Contractor's right to pa\'ment or (-I) 3scertalOed how or
for what purpose the Contractor has used mone\- pre\'iously
paid on account of the Contract Sum,
2.6.10 The Architect shall ha\'e authority. after notification
to the Construction ~Ianager. to reject '-"'ork which does not
conform to the Contract Documents, \1('hene\'er the Architect
considers it necessary or 3d\'isable for implement.1tion of the
intent of the Contract Documents, the Architect will ha\'e
authority, upon ".rillen authoriz:ltion from the Owner, to
require Jdditional inspection or testing nf the \1('ork in
JccordJnce with the pruvisions of the Contract Ducuments,
whether m not such \X()rk is f3bric3ted, inst;llkd or com,
pleted However, neither this 3uthoritv of the Architect nor
a deciSion m3de in good f3ith either to exerd;e or not 10 exer-
ise such authority shall give rise to J duty or responsibilitv
AlA DOCUMENT 8141JCMa . OWNER-ARCHITECT ....GREE.\IE:o.IT · COJl;ST~U..1l0N MA.\;AGER-
,~D\lSER EDITION' 1992 EDmaN' A1A~ . ~1992' ruE ,\.\IERIC.\.\; tNSTITl'TE OF ARCHITECTS,
I-,'~ NEW YORK AVENl'E, N,\\'.. \X:~SHI"GTON, DC 20()O6-~292 . WARNING: Unlicensed
c~c!ocoovina violates U.S, coovright laws and will subject the violator to legal prosecution,
'l
~1.11/r.M::!..1qq,
TER~1S AND CONDITIONS OF AGREEMENT BET\X'EEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SERVICES
1.1.1 The ,\rchitect's services consist of those services per-
furmed hy the Architect. .\.rchitect's employees and Architect's
consult3nts JS enumerated in Articles 2 and 3 of this Agree-
ment Jnd any other services included in Article 12,
1.1.2 The :\rchitect's services shall be provided in conjunc-
tion with the services of a Construction Manager as described
in the edition of AlA Document B80l/CMa, Standard Form
of Agreement Between Owner and Construction Manager.
current as of the date of this Agreement,
1.1.3 The ,\rchitect's sen'ices shall be performed as expedi-
tiously :.IS IS consistent with professional skill and care Jnd
the orderh' progress of the \Xork, The Architect shall submit
for the Owner's 3pproval and the Construction Manager's
information a schedule for the performance of the Architect's
services which may be adjusted as the Project proceeds, and
sh:.lll include allowances for periods of time required for
the Owner's Jnd Construction Manager's review and for
approval of suhmissions by authorities having jurisdiction over
the Project, Time limits established by this schedule approved
hy the Owner shall not. except for reasonable cause, be ex-
ceeded by the Architect or Owner,
1.1.4 The services covered by this Agreement are subject to
the time limitations contained in Subparagraph I I. 5, I.
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The .\rchitect's BJsic Sen'ices consist of those de,
scrihed in PJragraphs 22 through 2,6 and any other ser-
\'ices identified in Article 12 as part of Basic Services. and
include normal structural. mechanical and electrical engineer-
ing services,
2.2
SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall re\'iew the program. schedule and
construction budget furnished by the Owner to ascertain the
requirements of the Project and shall arrive at a mutual under-
standing of such requirements with (he Owner,
2.2.2 The Architect shall review with the Owner and Con-
struction ~lanager proposed site use and improvements; selec-
tion of materials. building systems and equipment; and
methods of Project deli\'ery.
2.2.3 The :\rchitect shall revie..... with the Owner and Con-
structiun \bnager altern;Hi\'c approaches to design and con-
struction of the Project.
2.2.4 Based on the mUlU:llh' aweed-upon program, schedule
Jnd construction budget requirements, the Architect shall
prepare. for approval by the Owner. Schematic Design Docu-
ments consisting of drawings and other documents illustrat-
ing the SCJle Jnd relationship of Project components,
2.2.5 At intervals appropriate to the progress of the Schematic
Design Phase and mutually agreeable to the Owner. Construc-
tion :-'lanJger and Architect. the Architect shall provide schem-
Jtic design studies for the Owner's review and the Construc.
tion Manager's information,
2.2.6 In the further development of the drawings and speci-
fications during this and subsequent phases of design, the
Architect shall be entitled to assume the accuracy of the esti.
mates of Construction Cost which are to be provided by the
Construction Manager under the Construction Manager's
agreement with the Owner,
2.2.7 Cpon completion of the SchematiC Design Phase. the
Architect shall provide drawings, outline specifications and
other documents for the Owner's approval and the Construc-
tion :-'lanJger's information,
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents
and any adjustments authorized by the Owner in the progrJm.
schedule or construction budget, the Architect shall prepare
Design De\'elopment Documents for the Construction \lan-
ager's revIew and the Owner's approval. The Design De\'e1op-
ment Documents shall be based upon data and estimates
prepared by the Construction Manager and shall consist of
drawings and other documents that establish and describe the
size and character of the Project as to architectural, structural.
mechanical and electrical systems, materials and such other
elements as may be appropriate,
2.3.2 At intervals mutually agreeable to the Owner, Construc-
tion ~fanager and Architect, the Architect shall provide draw-
ings and other documents which depict the current status of
design development for the Owner's review and the Construc-
tion Manager's information,
2.3.3 l'pon completion of the Design Development Phase,
the Architect shall provide drawings, outline specifications Jnd
other documents for the Owner's approval and the Construc-
tion Manager's information.
2.4
CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Docu-
ments and any further adjustments authorized by the Owner
in the scope or quality of the Project or in the construction
budget, the Architect. utilizing data and estimates prepared
by the Construction Manager, shall prepare. for approval by
the Owner, Construction Documents consisting of Drawings
and Specifications setting forth in detail the requirements for
the construction of the Project.
2.4.2 At inten'als mutually agreeable to the Owner. Construc-
tion :-'laoJger and Architect, the Architect 5hJII provide Draw-
ings Jnd SpecificJtions for the Owner's :Jnd [he Conslruction
\lanJger's review.
2.4.3 l'pon completion of the Construction Documents Phase,
the Architect shall provide Construction Documents for the
Owner's approval and the Construction ~fanager's information,
AlA DOCUMENT B141/CM8 . OWNER.,..RCHtTECf AGREE~ENT . CONSTRVCIlON ~lo\NAGER.
,\D\'ISER EDITlO,\; . 1992 EDITIO,\;. AI..." . -st992 . THE ....\.IERICAN I,\;STlTlTE OF ARCHITECTS,
1-" -;F\\' \"~Rl\\\T-;n: -;\\' \\'\'11 I "CTn'\; , Dr 2I)nn(;.';2l)2 . WARNING: Unlicensed
C't......'" !".._ ...""',,""
Ill' the Architect to the Construction Manager. Contractors.
SulxontrJctors. material and equipment suppliers. their agents
llr emplnyees nr other persons performing portions of
the \'fork
2.6.11 The.. ,\rchitt"ct shall reyiew and appro\'e or take ,Hher
;Ippropn.lle action upon Contractors' submittals such as Shllp
DrJwin~s, Product ();Ila and Samples, butllnlv for the limited
purpllse of (heckin~ for conformance with information ginc"n
and the design cOIKept expressed in the Contract Dncuments,
The .\rchuect's action shall he taken \vith such reasonable
promptness as tll CJuse no dda\' in the Contractor" \X'ork or
in <.'olblfu<.'tion b\' the Owner's ,)wn forces, while Jllowin~
sutficienr time in the ,\r<'llllect' professional lud~ment to per-
mit adequate re\'iew, Ik\'iew of such submlllals is not (on-
ductnt 1', lr the purpose l)f determining the accuracy and com.
pleteness (If Olher details such as dimensions ;md quantitieS
or for substantiating instructions for inst.1l1ation or perfor-
nunce oj equipment or systems designed by the Conrractors.
all of \\'hil:h remain the responsibility of the Contractors to
the extent required by the Contract Documents, The Archi-
tect's rt'Ylew shall not constitute approval of safet\' precau.
tll Ins llr. unkss otherwise speCifically st;lted h\' the ,\rchitect,
,)1' construction means, methnds, techniques, sequences or
pr()<.'cdure' Tht' ,\rchllect's apprm'al of J spcClfic item shall
not ind1l'ate ,lppmyal of an assembh' of which the item is a
C< lmp' >neIll, \X'hcn professional certification of performance
characteristics of materials. systems or equipment is required
hy the C,1I1tract Documents. the Architect shall be entitled
III reh' upon SUdl certification to establish that the materials,
systems or equipment will meet the performance criteria
required b\' the Contract Documents,
2.6.12 The ,\rchitect shall re\'iew and si~n or take other
appropriate action on Change Orders and Construction
Change Directin:s prepared by the Construction ~tll1ager for
the Owner's approval and execution in accordance with
the Contract Documents,
2.6.13 The .\rchitect may authorize minor changes in Work
not im'ol\'ing an adjustment in a Contract Sum or an exten.
sion llf a Contract Time which are not inconsistent with
the intent of the Contract Documents, Such changes shall
he effccted by written order issued through the Construc.
tion ~lanJ!!.er,
2.6.14 The ,\rchitect. a~si~ted hy the Construction ~IJnJger.
~Iull <.'onduct inspections to determine the dJte or datl."s of
'uhstantl.lI Completion and the date of final complelIon, The
Architect shall forward to the Owner warranties Jnd similar
suhmituls requircd by the Contract Documents which ha\'e
heen recei\ed from the Construction ~I:mager, The .\rchitect
shall issue a final Project Certificate for Paymcnt upon com-
pliance with the requiremcnts of the Contract Documents
2.6.15 The Architect shall interpret and decide malters 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,
2.6.16 Interpretations and decisions of the Architect shall be
consistent with the intent of and reasonably inferable from
the ContrJCl Documents and shall be in writi~g or in the form
of dra\\lI1gs, \\'hen nuking such interpreutions and initial
d<.'C1sions, the ,\rchitect shall endel\'()r to secure faithful per.
formance bv both Owner and Contractors, shall not show par.
tia!it\' to either, and shJII not be liahle for results of interpreta.
tions or decisions so rendered in good faith,
2.6.17 The .\rchitect's decisions on matters relJting to
aesthetiC effect shall he final if consistent with the intent
expressed in the Contract Documents,
2.6.18 The .\rchitect shall render written decisions within J
reasonahk timc on all claims. disputes (lr ,llher matters in
que'lIon betwcen the Owner and Contr;Ktors relating to the
execution or prngress of the \XlJrk as pflwided in the Con-
trJCl Documents,
2.6.19 The ,\rdlllens decisions on daim~, disputes or other
matters. including those in question between the Owner and
Conrr.Jclllrs, exccpt for those reLltin~ III aesth<.'tic effect as pro.
\'itled in ~uhparagrarh 2.h,!-, slull he ,ub\ect to arhitrJtioc
as pnwided in this ,\greement and in the Contract Documents
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The sen'lce' Je,<.-ribed in this ,\nick; Jre not includ<.'J
in BJsic Services unkss so identified in ,\rucle 12, and th<.'\
,hall be paid for h\ the Owner as prm'ided 111 this ,\grcemen;,
in Jeldition to the compensation for Basic :'ervices, The ser-
\'ice~ descrihed under Paragraphs .1.,2 Jnd .'-i shall onlv be
pnwided if authonzed or contirmed in writing by the O\\:ner.
If sen'ices described under Contingent Additional SerYices
in Paragraph :'>':'> :He required due to circumsun<:es bcvond
the ,\rchitect's control. the Architect shall notify the O~vner
prim to commencing such sen'ices, I f the Owner deems that
Stich sen'ices des<.'rihed under P'Jragraph :'5 Jre not required,
the Owner shall gl\'c prompt writtcn nOlite to the Architect
I f the Owner indicates in writing that all or part of such Con.
tingent .\dditional Sctyices are not required, the Architect shall
have no obligation to provide those sen'ices,
3.2 PROJECT REPRESENTATION
BEYOND BASIC SERVICES
3.2.1 If more extensi\'e represcntation at the site than is
described in Subparagraph 2,6,; is required. the Architect shall
pro\'ide one or more Project Representath'es to assist in car.
f\'ing out such additional on-site responsibilities,
3.2.2 Project Representati\'es shall be selected, emplm'ed and
directed b\' the ,\rchitect. and the ,\rchitect shall be compen.
sated therefor as a!!.reed b\' (he Owner and ,\rchitcct The
duties, responsibilities and iimiutions of authority of Prnject
Representati\'es shall be as described in the edition of AlA
Documcnt 8:'52 current as of the date of this .\greement,
unless otherwise agreed,
3.2.3 Through the ohsef\'Jtions by sUl.'h Project Represen.
tati\'es. the .\rchitect shall endea\'()r to pru\'ide further pro.
tection for the Owner against defens and del1ciencies in the
~'ork. but the furnishing of such project representation shall
not modify the rights, responsibilities or obligations of the
Architect as described elsewhere in this .\greement,
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 ~Iaking re\'isions in Drawings, Speciiications or other
el, )n:ments \\'hen SUe'll re\'isions are:
.1 inconsistent ....'ith appro\'als or instructions prt"\'ioush'
gi\'en b\' the Owner, including re\'isions nude net:.
essar\' hy Jdiustmel1ls in the O\\'nefs program or Proj.
ect budget:
AlA DOCUMENT B141/CMa . OW:-;ER.ARCHITECf ,~GREE;>'IEST . COSSTRl'C.l'Ol' ;>.t""AGER-
AD\lSER EDITIO~. 1992 EDlT10!ll. AL~" . @1992. THE ,...\IERJC,...'" I:-.ISTlTL'TE OF ARCHITECTS,
I-,~' "EW YORK .~\'E:-;t'E. SW, W,~SH1!1lGTO!ll, DC 2()()()(,-"292 . WARNING: Unlicensed
ohotocopVi"<l violates V,S, copyright laws and will subject the violator to legal orosecution,
8141/CMa-1992 4
.2 requesled b\' the Owner hecause the Construction
~tanager's estimate of Construction Cost exceeds the
Owner's budget. except where such excess is due to
changes initiated hy the Architect in scope. capacities
of basic systems. or the kinds and quality of materials.
finishes or equipment:
.3 required hy the enactmem or revision of codes, laws
or regulations subsequent to the preparation of ~uch
documents: or
.4 due to changes required as a result of the Owner's
failure to render decisions in a timelv manner,
3.3.2 pf()\'iding sen'ices required because of Significant
changes m the Project including. but not limited to, changes
in size, qualit\" complexity. the Owner's or Construclion
:\lanager's schedule. or the method of bidding or negotiating
and contracting for construction, except for services required
under Subparagraph 5,2,),
3.3.3 Preparing Dr:lwings, Specifications and other documen-
tation and supporting data, evaluating Contr:lctor's proposals,
and providing other services in connection with Change
Orders and Construction Change Directh'es,
3.3.4 Pro\'iding services in connection with e\'aluating sub-
slllutions proposed by Contractors and making suhsequent
re\'isions to Drawings, Specifications and other documenta-
tion resulling therefrom,
3.3.5 Providing consultation concerning replacement of \Xork
damaged by fire or other cause during construction. and fur-
nishing services required in connection with the replacement
of such Work,
3.3.6 PrO\'iding services made necessary by the termination
or default of Ihe Construction ~lanager or a Contractor, by
major defects or deficiencies in the Work of a Contr:lctor, or
by failure of performance of either the Owner or a Comrac-
tor under a Contract for Construction,
3.3.7 Pro\'iding services in evaluating an extensive number
of claims submitted by a Contractor or others in connection
with the Work,
3.3.8 Providing services in connection with a public hear-
ing. arbitration proceeding or legal proceeding except where
the Architect is party thereto,
3.3.9 Preparing documents for alternate, separate or sequen-
tial hids or providing services in connection with hldding,
negotiation or construction prior to the completion of the
Construction Documents Phase,
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing :malvses of Ihe Owner's needs and program-
ming the requirements of the Project.
3.4.2 Pro\'iding financial feasibility or other special studies,
3.4.3 Providing planning surveys, site evaluations or com-
parati\'e studies of prospective sites,
3.4.4 Pnwiding special surveys. em'ironmental studies and
submissions required for approvals of governmental authori-
ties or others having jurisdiction over the Project.
3.4.5 Pro\'lding services retati\'e to future facilities, ,\',terns
and equipment.
3.4.6 Pnwiding services to investigate existing conditions or
facilities or to make measured drawings thereof.
3.4.7 Pro\'Jding services 10 \'enfy the ;lccuracy of drawmgs
or olher mformation furnished by the Owner,
3.4.8 Pro\'iding coordination of construction performed
by the Owner's own forces and coordination of services reo
quired in connection with construction performed and equip-
ment supplied by the Owner.
3.4.9 Pnwiding services in connection with the work of
separate consultants retained by the Owner,
3.4.10 Providing estimates of Construction Cost.
3.4.11 Pro\'idin~ detailed quantit\' ,urwv' or im'entones of
m:.lterial :.Ind equipment,
3.4.12 Pro\'iding analyses of owning and operating com,
3.4.13 PrO\'iding imerior design and other similar services
required for or in connection with the selection. procurement
or installation of furniture. furnishings and related equipment
3.4.14 PrO\'iding sen'ices for planning tenant or rental spaces,
3.4.15 Makmg investigations, in\'Cntorie, of m:lleri:.l1s or
equipment. or valuations and detailed apprais:.lls of eXist,
ing facilities,
3.4.16 Prep:.lring a set of reproducible record drawings sho\\'.
ing significant changes in the Work made during construc-
tion based on marked-up prints, drawings and other data fur-
nished by Contractors,
3.4.17 Pro\'iding assistance in the utilization of equipment
or systems such as testing. adjusting and halancing, prepara-
tion of oper:.ltion and maintenance mJnu:.lb, trammg per,on-
net for operation Jnd maintenance, and consultation dur,
ing operation,
3.4.18 Providing services after issuance to the Owner of the
final Project Certificate for p..Iyment, or in the absence of a
final Project Certificate for Pa"ment, more than 60 davs after
the date of Substantial Completion of the \Xork, .
3.4.19 Providing services of consultants for other than archi-
tectural. structur:ll, mechanical and electrical engineering por-
tions of the Project provided as a part of Basic Services,
3.4.20 Pro\'iding any other services not otherwise included
in this ,\greement or nor customarily furnished in accordance
with generally accepted architectural practice,
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide full information regarding
requirements for the Project. including a program which shall
set forth the Owner's objecth'es. schedule. constraints and
criteria, including space requirements and relationships,
flexibility. expandability, special equipment. systems, and
site requirements,
4.2 The Owner shall establish and update an overall budget
for the Project based on consultation with the Construcrion
~lanager and the Architect. which shall include the Construc.
tion Cos!. the Owner's other costs and reasonable contingen-
cies related to all of these co'!s,
4.3 If requested by the Architect. the Owner shall furnish
evidence that financial arrangements have been made to fulfill
the Owner's obligations under this ,\greement.
5 B141/CMa-1992
AlA DOCUMENT B141/CMa . O\'C\ER.ARCHITECf AGREDIE=,"T . CO:\STRl Lila='" ~IA:\AGER,
AD\lSER EDITtON' 1992 EDITION' AlA"' . @1992 . THE A.\IERICA." t:\STITI'TE OF ARCHITECfS,
1-35 NEW YORK AYE:\l'E, N,\l', \HSHINGTO:o,:, D.C 2f)()()6.S292 . WARNING: Unlicensed
photocopying violates US. copyright laws and will subject the violator to legal prosecution.
4.4 The Owner shall design:ue a represenuti\'e authoflzed
to act on the Owner's behalf with respect to the Project. The
Owner or such authorized represenutive shall render deCI-
sions in a timely manner pertaining to documents submitted
h\' the ,\rchitect in order to a\'oid unreasonable dela\' in the
orderl\' and sequential prngress of the Archllect's servICe"
4.5 The Owner sh:1I1 retam a construction manager to admin-
ister the Project. The Construction ~Ianager's services, dUlles
:l11d responsihilities will he as described in the edition of ,\1.\
Document B801/C~la, Standard Form of Agreement Between
Owner and Construction ~Ianager. current as of the date,)f
this ,\greement. The Terms and Conditions of the Agreement
hetween Owner and Construction ~Ianager shall he fur.
nished to the Architect and shall nO! be modified without writ.
ten consent of the .\rchitect. which consent shall nO! be
unreasonably withheld, The Architect shall not be responsi-
ble for actions taken by the Construction ~Ianager,
4.6 The Owner shall furnish surveys describing physical
characteristics. legal limitations and utility locations for the
Sill' of the Project. and a wrHlen legal description of the site,
The sur\'t'\'S aOlI legal inforl1ution shall include. as applicable,
grades and lines of streets, alleys, pa\'ements and adjoinmg
property and struClures: :IJjacent drainage: rights.of.wa\',
restrictions, easements, encroachments, zoning. deed restric-
tions. boundaries and contours of the site; locations, dimen-
sions and necessary data peruining to existing buildings, other
improvements and trees; and information concerning available
utility services and lines, both public and pri\'ate, above and
below grade. including inH'rts and depths, All the informa-
tion on the sun'ey shall he referenced to a Project benchmark,
4.7 The Owner shall furnIsh the services of geotechnical
engineers \"hen such sen'ices are requested b\' the Architect.
Such services may include but are not limited to test borings,
test pits, determinations of soil bearing values, percolation
tests, evaluations of hazardous materials, and ground corro-
sion and resistivity tests. including necessary operations for
anticipating subsoil conditions, with reports and appropriate
professional recommendations,
4.7.1 The Owner shall furnish the services of other con-
sultants when such services are reasonably required by the
scope of the Project and are requested by the Architect,
4.8 The Owner shall furnish <tructural. mechanical. chemical.
air ;md water pollulinn tests, tests for hJ7.:lrdous materials, and
other laboratory and environmental tests. inspections and
reports required by law or the Contract Documents,
4.9 The Owner shall furnish all legal. accounting and insur-
ance counseling sen'ices as may be necessary ;1l any time for
the Project. including :Iuditing sef\'ices the Owner ma\' require
to \'erify the COl1lraClor's Application for P'Jyment or to ascer-
tain how or for what purposes the ConrraclOr has used the
money paid by or on behalf of the Owner,
4.10 The services, information. surveys and repons required
by Paragraphs -1,6 through -1,9 shall be furnished at the
Owner's expense, and the ArchiteCl shall be entitled to rel\'
upon the accuracy and completeness thereof.
4.11 Prompt wrillen notice shall be gi\'en bv the Owner
to the .\rchitcCl and Con-rruoion ~Ianager if the O\"ner
becomes :Iware of an\' fault dr ddeCl in the Project or non-
conformance with the Contract Documents,
4.12 The pmposed language of certificates or certifications
requested of the Architect or Architect's consultants shall be
submilled to the Architect for review and approval at1east 1-1
da\'s prior 10 execution, The Owner shall not request cenifi.
cations that would require knowledge or services beyond the
scope of this Agreement.
4.13 The Owner shall furnish the required information ane
sen'ices and shall render approvals and decisions as expedl-
tiollsly as necessary for the orderly progress of the Architect's
services and Work of the Contractors,
4.14 The Owner shall furnish the Architect copies of wnt-
ten communications with the Construction ~Ianager ane
Contractors
ARTICLE 5
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 The Construction Cost shall be the total cost or eSli.
mated cost to thc Owner of all e1emel1ls of the ProJect
designed or specified bv 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 pro-
\'ided for by the Architect, plus a reasonable allowance for
the Contractors' overhead and praHt. In addition. a reasonable
allowance for contingencies shall be included for market con-
ditions at the time of bidding and for changes in the ,fork
during construction, Construction Cost shall also include the
compensation of the Construction ~1anager and Construction
~lanJger's consultants,
5.1.3 Construction Cost does not include the compensation
of the Architect and Architect's consultants, the costS of the
land, rights-of-way, financing or other costs which are the
responsibility of the Owner as provided in Paragraphs -II
through -1,-1 and -1,6 through 4.14,
5.2
RESPONSIBILITY FOR
CONSTRUCTION COST
5.2.1 The ,\rchitect's re\'jew of the Owner's Project budl:t'l
and ()f preliminary estimates of Construction Cost or det.1iled
estimates of Construction Cost prepared by the Construction
~Ianager is solely for the Architect's guidance in the Archi-
tect's preparation of the Construction Documents, Accor-
dingly, the .\rchitect cannot and does not warrant the accuracy
of the estimates of the Construction Manager. or warrant o'r
represent that bids or negotiated prices will nO! vary from
the Owner's Project budget or from any estimate of Construc-
tion Cost or evaluation reviewed by the Architect.
5.2.2 No fixed limit of Construction Cost shall be established
as a condition of this Agreement,
5.2.3 In the e\'ent that the Construction Manager's estimate
or the 100....est bona fide bid or negotiated proposal recei\'ed
by the Owner exceeds the Owner's budget for reaSOI15
mher than those described in Paragraph 55, the modi'
fil;llIon of COl1lraCl DOL'llll1entS shall be the limit of the
:\rchitect's responsibilit\' The Architect shall be entitled to
compensation in accordance with this Agreement for all
sef\'ices performed whether or not the Construction Phase
is commenced,
AlA DOCUMENT B141/CMa . O\);'''ER.....RCHITECf ....GREH1ENT . CO:-;QRCCflON \I....:'<AGER.
....D\'lSER EDITIO'" 1992 EDITIO". ,\1.\" . S!992' THE ,\.\lERIC\:-; I:-;STtTl'TE OF ,\RCHITECfS,
1-<< 'F\\' YORK \\'Eo..:,'F 0..:\\ T"IlIo..:CTno..: DC C"'"I',;C"c. WARNING: Unlicensed
ARTICLE 6
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The Dra\Yin~s, Specifications Jnd OIhn docull1l'l1!S pre-
pared b\' the Archlll'Cl tilr this ProJect Jre IllSlruments of the
,\rchllect S sernce for use solely with respect to this Prolect
.lI1d, unless othl'rwisl' pro\'ided. the Architect shall be deemed
rhe Juthor \)f these JucUml'lllS and shall retain all common
LlW, SUlutor\, and mher resen'eo ri~hrs, includin~ lhl' COP\'-
ri~hl. Thl' Owner shall he permitted 10 rl'llin copies, mclllding
rl'producihle copies, ,)1' lhl' ,\rchllect s DraWIngs, Spl'clfica-
U\J1b .1110 urhl'r d\ ),'UI11L'nt.s for In fu rll1.1l I< )J1 and rl'fLTl'lh'l' 111
cnnnl'L'unn \Yirh the \)\\'ne(s use ;md \>c,-upanc\' of 111<: Pnll-
ed, Thl' ,\rchitl'ct's Dr;m'ings, Specific.IlI<>Ib or uther docu-
l11enlS shall not be used b\' the Owner or others on \>ther proj-
,cts, for additions to this Project or for completion \11' this
Project by mhers, unkss the Architect is Jdiud~ed ro be in
ddault under this _\gn:emel1!, except by agreemel1! ill writing
and with appropriate compensJtion to the _\rchIll'ct,
6.2 Suhmission ur distribution \11' JOClll11el1!S to ll1n:t iltllLi.il
rl'gU/;llOf\' requirements or for similar purposes in ,-onne,'-
uon \\'I[il the I'nlject IS not to he construed as puhlicarion
111 dnngatlon nf till' ,\rchitect's resef\l'J rights,
ARTICLE 7
ARBITRATION
7.1 Claims, disputes ,Ir Illher matters in question het\\een the
panies to this Agn:ement arising Out oi or relating to this
,\greemenl llr hreach [hereof shall be subject to ;ll1d decided
by arbitrJtion in Jccordance with the Construction Industry
Arbitration Rules of the American Arbitration Association cur-
rently in effect unless the parties mutually agree otherwise
7.2 Demand for arbitration shall be filed in writing with lhe
olher pany to this Agreement and with the _\merican ,\rbitra-
tion _\ssociation, ,\ demand for ;lrbitrJtion shJlI he mJde
within J reasonJble time after the claim. dispute or mher mJt-
ler in question hJS arisen, In no e\,ent shall the demJnd tilr
JrbitrJtion be nude after the dat, when IllSlitution of legal
or equit;lble proceedings based on such dJllll, Jispute or other
matter in queslIon \\\iuld be harred b\' [h, Jpplicable sUtut,s
of limitations,
7.3 :-;0 JrbitrJtion Jflsing out oi nr relJting to thi:; _\greemel1!
shall include, by cunsolidation, joinder or in any OIher nun-
ner, In additional person or entit\' not J pJn\' 10 thIS c\gree-
ment. except by wrilten consent contJining J specific refer-
ence to this Agreement signed b\' the Owner, Architect. Jnd
any other person or entity sought to be joined, Consent to
arbitration il1\'ol\'ing an additional person or entity shJII not
constitule consent to arbitration of any claim, dispute or other
mJller in question nor described in the wrillen consent or
with J person or entity not nJmed or described therein, The
foregoing Jgreement to Jrbitrate Jnd other Jgreements ro
arhitrate \\'ith an Jdditional person or entity duly consented
to by the panies to this _\greement sh:u1 be specificalh' enforce-
Jbk in JccordJnce with Jppliclble IJW in Jm' coun ha\'ing
jurisdiL'li\)!1 thereuf
7.4 The award rendered by rhe arbitrator ,If JrbilfJtors shall
be fin;l!. and judgment ma\' be eIllered upon it in ac'-,JfdJnce
with applicable law in any coun hJ\-ing jurisdiction thereof
ARTICLE 8
TERMINATION, SUSPENSION OR
ABANDONMENT
8.1 This ,\greem,Ill I11J\' he termw.ated h\' ellhc.:r pJny upon
not less than s<..'\en dJ\'," \\'fllten nC'!lce should lhe other pan\'
f;lIl substanlJalh' t(1 periorm in ac,-'lrdal1ce with the terms (;i
thIS ,\greement through no iau!t oi the part\' initi:lling
IIK'terminalJon, '.
8.2 If the Prol,ct is suspended h\ the O\\'ner tilf m\lre thJn
51) ,'onSeCUrl\', eLi\s, the _\rchite,-: ,lull h, ,'ompen'Jt,J for
'l'f\'ic,s pnfi lImed pnl1r to III )(IC,: ,i such sUSPL"llsl< >!1 \X'hen
the Project IS r,sumcd, the ,\rchlle..t5 compens;llion shJII be
,'quitJbly Jdjust,d [(l pC<l\'ide f\ l~ ;:xpenses incurr,d in the
iIllerruptiol1 :lnd r,sumption Ill' r;.e ,\rchitect" SL"f\'I,'es,
8.3 This Agreement mJY be ternllnJted b\- the Owner upon
not less Ih;1l1 se\'CI1 dJYs' wrillel; notice to the Architect in
the e\'ent that the Project is perr.;an,nth' Jhandoned, If the
Project is Jbandoned by the OW~er ior more than 90 con-
secuti\'e c1:!\'s, the ,\rrhitert nl;l\' te:11linate this ,\gn:emcnt hY
gil'll1g wrilfen 11\ H ice,
8.4 Failure ()f the (hnler to nuke: ;1J\'m,l1[s 10 till' ,\rchiteCl
111 Jcu)rdal1c, \\Ilh this ,\greem,:,,[ shall he consl<.kred ,sub-
stJntiJI nOl1p,rfurmance Jnd ca,:-<: ti)r terminJtiun,
8.5 Ii the Owner iJils to mJke pJ~;ment when due the ,\rchi-
rect for seryiccs and expenses, the: :\rchitect may. upon seven
dJ\-s' wrillen notice to the Ownc, suspend pertt)rmance of
,S,f\'ices undcr this ,\greement, l'nkss p;lyment in iull is
recei\'ed b\' the ,\rchllect within Se\'en dJ\'s of the date of th,
l1<Hke, the susp,nsionshall IJke el:',ct withuul furrher notice,
In the e\'L'nt oi a suspension of 'ef\'ICes, the Architecr shall
ha\'e no li:lbilit\' to rhe Owner f. r del:!\' or danlJge CJUSL'd
the Owner bec~use oi such suspension of ser\'ic~s,
8.6 In the ewnt of termination not the iJult of lhe Architect.
lhe Architect shall be compensared tt)r sef\'ices performed
prior to terminJtion. together with Reimbursable Expenses
then due and JII TerminJtion Ex;:>enses as defined in PJra-
grJph ~,-,
8.7 Termination Expenses are ir. addition to compensJtion
for BJsic and ,\dditional Services, :md include expenses which
Jre directly Jltributahle to termina::un, TerminJtion Expenses
shJII be compuled JS J percentJ!!e >>f the t\1(a) compensJtion
ior BJSIC SL'f\'icL"S and ,\ddirional Sernces eJrnecl to [11, rime
ni termil1ation, JS t(lllll\YS:
.1 T\\'ent~' percell! of the total c"mpensation tilr BJsic and
AdditionJ] Sef\'ices e:lfl1ed h-' JatL' if termination occurs
before or cluring the prede<ign, site JnJlysis, or Sche-
mJtic Design Phases; or
.2 Ten percent oi thL' tmal c.':11pensation tilr BJ~IC Jnd
_\dditionJI Sef\'ices earned Ie' JJte if terminJtion occurs
during the Design De\'e1ormenr PhJse; or
.3 Fh'e percent of the tOlal cumpensation for Basic and
Additional Services earned ro date if termination occurs
during any subsequent phase,
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 L'nless otherwise prm'ided, t:-,:s ,\greement shall be g.1\'-
erned b~- the IJ'<\' of the place w~c're the Project is louted,
9.2 Terms in this _\greemem 5h.;:1 h;1\'e the SJme meaning
as those in the edition of _\1.\ Dxumel1l _\201!C~la, Gen-
7 8141/CMa-1992
AlA DOCUMENT 8141/CMa . O\X'~ER-ARCIIITEcr ,\GREDIE\T . CO~STRl'(..TIO~ ~I.\\_\GER-
AD\'ISER EDlTIO\ . 1992 EDITION. AlA! . os 1992 . THE A_\IER:C....'i I\STlTlTE OF ,\RCHlTECfS,
]-,~' \E\l" YORK ,\\'E\l'E. \W, \X'ASHI\GTO\, DC 21}0<<--"292 . WARNING: Unlicensed
photocopying violates US, copyright laws and will subject the violator to tecal D'Os..cution,
erJl Cllndllillns of the COOlrJct for Construction, Construc-
tion \lJn3p.er-,\d\'iser Edition, current :as of the date of
thiS ,\p.rel'lllent.
9.3 C.luses' lf JCllon ht'tw't't'n the pani...s to this ,\greemel1l
pl'nal11l11~ to Jcts or failures [<1 Jct shall he deemed (0 hJ\'e
.lCCfllt'd Jnd the Jppliclhk statutes of lllnllations shall com-
1l1t'nce to run not Litt'r than "'lIher the date ,11' ~ubslJl1lial
COl11j'ktt\lI1 for acts or fJilures to act llCcurring prior to
SuhsL1I1tial Clllllplellon, or the date of ISSUJnce of the final
I'fl1i,'ct Cl.rtltlC~lle for Pa\'l11elll fllf acts llf f~lilures tn Jct occur-
rtl1~ ,lIter suh-t,lI1t1.ll Compktll1l1
9.4 The Owner and ;\rchitect wai\'e all rights Jg;linst each
lHher Jnd J!!-Jinst the Construction :'>Ianager. ClmtrJClOrs, Jnd
the consultallls. Jgents and employees of any of them for
uam~ll!eS, hut onh' to the extelll co\'ered tw property insurJnce
dunn'\! construciion, except such fights Js the\' nlJY ha\'e to
tht' p;,'ceeds llf such insurance JS set forth in the edition of
,\1\ O. ,cU!nent ,\.211l.C:'>IJ, Genefal Cnnditions l,f the COlllfJct
fllf C. 'lbtrUcti,)I1, COl1stfuction \!Jluger,,\d\'isef Edition, CUf'
ft'nt .1- 1)1' tht' date of this ,\greel11t'Ill, The O\\'nef ;lIld ,\fchitect
t';lch -lull reljui fe slmiLir w;li\'t'fs ffl1ll1 tht'lr C'lIbtructinn
\l.lI1.ll:er. C,1I1tCIl'tllfS, consultants, agents, Jnd persons nr t'n,
tities . .lwardt'd st'parate contclctS administered under the
Owner's own forct's,
9.5 The Owner and ,\rchitec!. respecti\'ely, hind themsel\'es,
their pJrtl1ers, successors, Jssil!ns and legal representati\'es to
the l,ther p;lrt\' [() this ,\greement and to the partners, suc-
ceSSl.rS, assigns Jnd kgal represelllall\'es or such other
part\' \\ith respect (0 all cO\'enJnts of this .\greement, :\either
Owner nor .\rchitect SI13ll assign this Agreemelll without the
written consent nf the other,
9.6 This Agreement represents the entire and integrated Jgree-
melll hetween the Owner and Architect and supersedes all
prior negntiJtions, represenutions or Jgreemel1ls. either writ-
ten ,lr orJ!. This ,\greemeOl may he Jmended only hy writ-
ten instrumelll signed h\' hoth Owner and ,\rchitec!.
9.7 \, lthing c. lI1ta1l1ed 111 this ,\greelllelll shall create J cnn-
trJctuJl relationship with nr J cluse ,,1' Jction in b\ur of a
third f'Jrt\' Jgainst either the Owner nr ,\rchllec!.
9.8 l'nless otherwise pf(wided in this _\greement. the Archi-
tect and ,\rchitects consultants shall hJ\'e no responsihility
for the di-co\'er\', presence, handling, n:mO\'JI ,lr disposal of
,lr expllsUfe nf persons to hJl.2rdous materiJb in an\' form
at the Project site, mcllluing hut nO! limited lLl ashestoS,
Jsbestos products. polychlorinated biphen\'IIPCB) or other
toxic substances,
9.9 The Architect shall ha\'e the right 10 include representa-
tion- l)i the design of the Projec!. including pholOgraphs of
the exterior 3nd interior, among the Architect's promotionJI
and prllit'ssional materiJls, The ,\rchite,'t's materiJIs shJIl not
1I1c!uck the (h\'nl'r's cllnfidl'ntul or pr,)prielJf\ information
it the l)\\'nel' has pre\iouSh ad\is<.:d tl~<.: ,\rch:!eCl in \\Titing
of [he ~p<.:,'it'ic infornution cllnsidered hy the O\\'ner to be
conlid<.:ntialllf proprietar\' The Owner ~hall pro\'ide profes-
sion.tl credit for the ,\rchitect ,1Il the ,',lI1slfuc'tion sign Jnd
in the promotional materials fur the Project.
10.1
ARTICLE 10
PAYMENTS TO THE ARCHITECT
DIRECT PERSONNEL EXPENSE
10.1.1 Direct Personnel Expense is defIned as the direct SJb-
fies of the .\rchitect's personnel engJged on the Project and
the portion,)f the cost of their mandatory Jnd customary con-
tributions and bendlts related thereto, such JS employment
tJxes and other StalUlOry employee bendlts, insurance. sick
lea\'e, holida\'s, \';KJtions. pensions and similar contributions
:1I1d hl'ndits,
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses are in addition to compensa-
tion for Basic and AdditionJI Services and include expenses
incurred b\' the .\rchitect and Architect's employees Jnd con-
sultants in the interest of the Project. :as identified in the
following Clauses,
10.2.1.1 Expense of tr:lI1sportJtion in connection with the
Prolec!. e'Xpenses in connectilll1 with authorized out"lf,tl,wn
tra\'eL long-disunce clllnmunications: and fees pJid for se,'ur,
ing Jppro\'JI of authorities ha\'ing jurisdiction O\'er the PflJlect.
10.2.1.2 Expense of reproductions. postage. express deli\'-
eries. electronic facsimile tr.msmissions and handling of DrJw,
ings, Specitications Jnd other documents,
10.2.1.3 If authorized in Jd\'ance by the Owner, expense of
O\'ertlme work requiring higher than regubr rates,
10.2.1A Expcn'iC' of rendering.s. models and mock-ups request-
ed hy the Owner,
10.2.1.5 Expense of additional insurance coverage or limits,
including professional liability insurance. requested by the
Owner in excess of thJt normally carried by lhe Architect and
.\rchitect's consultants,
10.2.1.6 Expense of computer-aided design and drJfting equip-
ment time when used in connection with the Project
10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
10.3.1 .\n initiJI pJ\'ment as set forth in Paragraph 11.1 is the
minimum payment under this Agreement,
10.3.2 Subsequent pa\'ments for Basi<: Sef\'ices shall be made
monthly and, where applicahle. shall he in proportion to ser-
\'ices performed within each phase of service. on the basis
set forth in SuhparJgraph \1,2,2,
10.3.3 If and to the extent that the time initially established
in SubpJragraph 1\.:;,1 of this Agreement is exceeded or
extended through no fault of the Architect, compensation for
any sef\'ices rendered during the additional period of time
shJlI h<.: c, )\llpllt<.:d in the nlJnner set forth in SubparJ'
grJph 1l..~.2
10.3.4 \\'hen compensJtion is based on a percentage of Con-
struction Cost Jnd In\' portions of the Project are deleted or
otherwise not constructed. compensation for those portions
AlA DOCUMENT B141/CMa . OW:'>ER,,\RCHITECT ,\GREDIE:'>T . CO:'>STRU...JO:'> ,t;\..'I;,\GER,
,\D\l"ER EDITI0:-i' 1992 EDlTIOI" '\1.\' . ;:1'>92' THE ,...\lERIC\:\ I~STlTlTE OF ARCHITECfS,
I_'~ ,,\\' ""RK \\['I;I'E ,,\X' \\'\-1l1'l;c.TI''I; DC c'>flIK',<;c')c . WARNING: Unlicensed
"11 ~_ I-.~_" ''''ro ,.;.....11......... t,.., ICl""~' r'lrT""C;t>>("I_lti0r"1
8141/CMa-1992 B
of the Project shall be payable to the extent ser\'ices are
performed on those portions. in accordance with the schedule
set forth in SuhparaRraph 112,2, hased on (I) the lowest bona
nde bids or neROliated proposals, or (2) if no such bids or
prnposals are receh'ed, the most recent estim:lle of Construc-
tion Cost prepared by the Construction ~lanager for sllch 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 Addition:11 Ser-
\'ires and fm Reimhursahle Expenses shall he made 111<,nrhl\'
upnn presentation of the Architect's statement of sen'ICes
rendered or expenses I11curred
10.5 PAYMENTS WITHHELD
10.5.1 :'\0 deductions shall he m:lde ir,)m the Archilect's com-
pensation on account of penall\', liqUIdated tbmages or (Hher
sums withheld irom payments to Contractors, or on account
of the cost of changes in the \X'ork other than those for which
the Architt'ct has been found to he liahle
10.6 ARCHITECT'S ACCOUNTING RECORDS
10.6.1 Records of Reimburs:lhle Expenses and expenst.s per-
taining to Additional Seryices and ,nnces performed (In thl'
hasis of a multiple of Dlrl'ct Per', ,nnel Expensl' shall hl'
:II'ailahk to the Owner or the O\\'l1l'f' authof!zed represen'
t:IlI\T at mutually cO!1\'eniel1l tllllC'
ARTICLE 11
BASIS OF COMPENSATION
The O\\ner shall compensate the ,\rchitect as follo\\"
11.1 ,\'> I'>ITIAL P,W:--IE:\T of Zero------------------------------u---------------- Dolbrs ($0-------------
sh:1I1 he made upon execution of this :\greemenr and credlll'd to the Owner's account at fmal p:llml'nt.
11.2 BASIC COMPENSATION
11.2.1 FOR BASIC SERVICES, as descrihed in Article 2, and am' other seryices included in Article 12 :IS part of Basic SerYices,
Basic Compensation shall he computed as follows
t/ll....erf "dSI.... uj 0'111/1('11.\'111011, ,,,ducllll~ sIlIW/lllt'd sum...., mu/tlflh....; IJT Ilt'n'ell/ages. awl it/ell/ll\" p"as('s III U'h,t"!' /Ic,nh I/Iar nlt'f/lllc!'" "I (fJIIJI't'''.\a(lnn "fllJ/r
'/ Jh.(.t'...StlTl')
7% of the estimated Construction Cost. For the execution of this Agreement, the estimated Construction
Cost is $4,815,800.00.
11.2.2 Where compensation is based on a slipulated sum or percentage of Construction Cost. progress paymel1ls for Basic
Sen'ices in each phase shall lotal the followinR percel1lages of the total Basic Compens:llion pJyahle:
(IIIserf tlddllrUllal /1!JlIses as appruprttl/t')
Scht:nutic Desi~n Ph;lse:
Design DC\'e1upmen[ Phase:
Construction Documents PhJse:
Bidding or :'\egotiation Phase:
Construction Phase:
percent ( 15 ",,)
pnn-nt I 25 "" I
percent ( 35 %)
percent ( 5 ";, I
percent I 20 ";,)
Tntal Basic Compt:nsation:
one hundrni pl"fcent 1100"-,,)
11.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SER\ ICES, as descflbed III Paragraph,~ 2, compl'nsatlon shall he COIll-
puted as follows Compensation shall be on an hourly basis per the schedule below, or a negotiated fixed
fee at the time of request for services.
Project Architect
$65 per hour
AlA DOCUMENT B141/CMa 0 O\X'~ER-ARClflTECT AGREE\IE;<;T 0 CO;<;sTRlcno~ \IA;<;At;ER,
AD\'ISER EDITION 0 1')9~ EDITIO:'<lo AlA" oSl992 0 TIlE ,-\,\lERIC"';<; I;<;STITl'TEOF ARCHITECTS,
I-,~o :"E\X' YORK AYE~l'E, ~.\X', \X'ASlll;<;GT()~, DC 2()()()()-o292 0 WARNING: Unlicensed
pholocopying violales U,S. copyrighl laws and will subject Ihe violalor to legal prosecution,
B141/CMa-1992 9
11.3.2 FOR ADDITIO:'iiAL SER\.ICES OF THE ARCHITECT. as described in Articles." and 12. other than (\) Additional Project
Representation, ;IS described in P'JragrJph ~,2, and (2) services included in Article 12 as part of Basic Sen'ices. but excluding
sen'ices of consulunts. compensJtion shall be computed as follows:
,111,,'rl h,w< "I """,,,,''',<''11..11, IIIcI"di"~ ralo',< ,lIId..r ",,,1111'''-' of Dirt"'/"",.,./J",,..I f,\'{>t.",.. I/Jr PrlllCl{><lI,< alld o-mpIOl'Ws. ami id,,"lil.l' l'nllCl{><lI,< ,lIId da.<SIll'
~"n/'" .\'tV\. 11 n't/urn'" 'e/ell/lf" ,'/)('Uf!l' ,t'rnt"l'_' :u II'hllh/klrtiol/i,T mel/lod.; III (om/1l'"...,ltloll apf>'-'o, ~I IW(l'ssarr I
Compensation shall be on an hourly basis per the schedule below. or a negotiated fixed fee at the time
of request for services.
Principal
Project Director
Team Manager
Project Architect
Interior Designer/Space Planner
Administrative/Clerical
Civil/Structural Engineer
Mechanical/Electrical Engineer
Cost Estimator
Landscape Architect
Staff Architect
$120 per hour
$100 per hour
$ 85 per hour
$ 65 per hour
$ 65 per hour
$ 35 per hour
$ 75 per hour
$ 75 per hour
$ 75 per hour
$ 65 per hour
$ 55 per hour
11.3.3 fOR ,\DDlTIO:-;AL ~ER\'ICES OF CO:-;Sl'LT,\:-\T~, indllLling Jdditional suucwrJl. mt:duniCJI Jnd dn'uical engineer,
ing st:rvice' Jnd thost: pmddeJ under ~ubparJgrJph :'>,~,l<) or identirkd in .\nick 12 JS pan of Additional ~en'ices. a multipk
of one point zero five--l 1.05---) times the amounts billed to the Architect for such sen'ices,
(Jdenll{l' S/k'O);( Iyp..'s "I t'ollsulttllllS III . \rttdc.' /.!. U n'(/uirl'tI_)
11.4 REIMBURSABLE EXPENSES
11.4.1 FOR REI:--lBl'RSABLE EXPE:'ii~ES, as described in ParJgraph 10,2. and Jny other items included in Article 12 as Reimbur-
sahle Expenses. J multiple of zero---------------------------------------( 0------) times the expenses incurred hy
the .\rchitecl. the .\rchitect's employees and consultants in the interest of the Project.
11.5 ADDITIONAL PROVISIONS
11.5.1 IF THE B.\SIC SER\'ICES cO\'ered by this Agreement ha\'t~ not been completed within twenty-four------- ( 24-----1
months of the dJtc hereof. through no fJult of the Architect. extension of the Architect's services beyond that time shall he
compensated as pnwided in SubparJgraphs 10..3,5 and 11..~,2,
11.5.2 Pa\'meOlS are due and pJvahle ) days from the date of the Architect's inn)ice, AmOU0l5
unpJid l days after the in\'oiL'e d:llc shall bear interest at the rJte cntereJ helmy, ,)r III tht: ~Ihsence
thereof at the Iq~;ll rJte prc\'Jiltng from time to time Jt the principal place of business of the ,\rchileCI.
({IIS(:,.I rale UJIIlIt'rt.'.,'/ agreed upOIl J
II ,'lilT It II. < .,,,,1 r"i""','''"'II/.' IIlId,'r "'" F<'i/l',',/I hllrl' III /.,'1/.1/1/).: ,4<'1,'1111.1,/1' "III/l' 11<1<11"".,1 '''",'"IIIl'r ,redt/I<III' ,/".1 "rlll'r rl'glllllll' ,'" ,1I11>e 'l/'II<'r', <1".1
,~rd'II,'<1" 1"'l1Id/,,/1 ri",,',' "I h"SllIess :/'" 1..',1/1"" '111>e 1"'''Il'<1 <111l1 1'/,'1'11'1>,"'" ""/\ '/I/l'<1 :1>1' /'t/I,d"r '1 rll/S /,""11.,/,,1/ 'I,<'d/ll "',~t/I ,/.1, ,,,' ,,1><1/1'" ,..: "hlt/II/".1
lorh 1"""_'/'('(( lu dd,:tJi,n... IIr mudi/lt:.il; II.'. Llud illsu re,l!.tlrdlllg n"III,rf..'IIlt'Il/.\ such 0.' urzttl'll disc/uslIn.'..;; ur lUUlen; I
11.5.3 The rates Jnd multiples set forth for AdditionJI Sen'ices shall be Jnnually adjusted in accordance with normal salarv
re\'ie\y prJClices of the Architect. '
AlA DOCUMENT B141/CMa . O\'l''\EK\RClIlTECT .\GRED1E'\T . CONSTRl'CTIO," \l.\:'ol.\GER-
\[)\ ISER EDITlO",,' P)~ EDITIO,"' ,\1.\' . ,; I')<)~' THE ,nlERIC\'\ INQlTl.TE OF .\RCHITECfS,
,_~.:: '<!"\_ \I"\I;L \\_~"'\l F '\"\'\ \\\>l'l'\{~Tn" DC ":(11111/,-':;21)2 . WARNING: Unlicensed
~1~1'r.M::l-1qq? 10
ARTICLE 12
OTHER CONDITIONS OR SERVICES
,/","'".I.,,,'.,{>,,,,,,, ':' ",ht., ,,""'H'<, "I.,,,,,!,, ...M,'","a/ S.."".'(" 11,(/,,,1..,, U'II/'''' HU,<lC Cum".'"'''''''''' .."d "".'" ",...1'/''''''10>1$ Iv '''''/>oP"..''' .."J n,m""",.I'
.'I..n ;,''''',,\ ,,,dlu/..,,J :" lbl~ ."'l:rt't'"h'PII J
The attached Supplellelltal Tel'1lS and Conditions. pages 1 through 10. a.end. supplellellt or clarify these
-TERMS AID COIDITIOIIS OF AGREEMEIT BETWEEJI OWNER AND ARCHITECT. AlA Doc.-ent Bl41/CMa-1992 Edition-.
Acceptance by execution of this doc..-ent constitutes an acknowledgment that the individual executing
the doc~t has the capacity to consent to the tenus of this AgreeEl1t.
-------
---
-=-
--
--
==------
--~
(Seal)
R/J5
Attest: Danny t. Kolhage. Clerk .
BY: JJoo.bl C. JD~
DATE: 03 - :2. ~- 9J
This Agreement entered into as of the day and year first wrinen abO\'e,
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mAIlf)"/ Cha/,.,,,..n
(JJrr"!t'" name {lH.'~rth.)1
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CAUTION: You should sign an original AlA document which has this caution printed in red,
An original assures that changes will not be obscured as may oc~ur when documents are reproduced.
See Instruction Sheet for Limited license for Reproduction of this document.
AlA DOCUMENT B1411CMa . O'ir:-;ER.,~RCH1TEcr .~GREDIE"'T . CO~STRI'cnO!' ~I."'''AGER.
,~O\'l'ER ,0ITIO'\ . 1992 EDITIO'\ . AI.~' . ~,1<)<)2. THE A~IERIC~\; I\;STITI'TE OF ,\RCHlTECTS,
, . '-")J1_Ct,)I""~, 1I...1;....e..~e""
SUPPLEMENTAL TERMS AND CONDmONS
1. Paragraph 1.1.2 - delete reference to AlA Document B801/CMa and insert: "AlA
Document B801-1980, Standard Form of Agreement between Owner and
Construction Manager as amended and executed by the Owner."
2. Paragraph 2.2.3 - delete in its entirety and insert: "During this and subsequent
phases of design, the Architect shall review with the Owner and Construction
Manager alternative approaches to the design and construction of the project and
shall incorporate changes requested by the Owner at no additional cost to the
Owner."
3. Add Paragraph 2.2.8 - "In this phase and subsequent phases of design, the
Architect shall interface and coordinate the design with the local public utilities to
provide complete construction documents meeting the requirements of the utility
companies. "
4. Add Paragraph 2.2.9 - "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 Architect of its responsibility for the accuracy,
adequacy, fitness, suitability and coordination of its work product."
5. Paragraph 2.3.1 - delete the remainder of the sentence after "character of the
Project" in this paragraph and insert "as to architectural, structural, mechanical,
electrical, plumbing, civil and landscape architecture, materials and such other
elements as may be appropriate."
6. Paragraph 2.4.1 - add to the end of the sentence; "including compliance with all
applicable Federal, State and local government regulations and laws."
7. Paragraph 2.4.4 - delete the last sentence and insert "The Architect, with the
assistance of the Construction Manager, shall respond to questions from Bidders
and others. Responses to these questions shall be provided to the Construction
Manager within three (3) working days of the Architect's receipt of these
questions. The Construction Manager will issue the appropriate addenda."
8. Paragraph 2.4.5 - delete in its entirety and insert: "The Architect is responsible
for the coordination and filing of all documents and permits required for the
approval of the local, state and federal governments, with the exception of the
building permit. The Architect is responsible for providing all documentation
required to obtain a building permit."
Contract JS-99 C
Page 1 of 10
9. Add Paragraph 2.5.2 - ''The Architect shall provide to the Construction Manager
for bidding and construction phases, complete packages of specifications and
drawings as requested by the Construction Manager, but in an amount not to
exceed a total of 30 complete sets."
10. Paragraph 2.6.2 - delete in its entirety and insert: "The Architect shall provide
administration of the Contract for construction in cooperation with the
Construction Manager as set forth below and in the edition of AIA Document
A201/CMa, General Conditions of the Contract for Construction, Construction
Manager-Advisor Edition, as amended by the Owner."
11. Paragraph 2.6.4 - add the following sentence to the end of the paragraph: ''The
representatives of the Architect assigned to the Project shall be subject to the
approval of the Owner and shall not be changed without the approval of the
Owner."
12. Paragraph 2.6.5 - delete the first sentence and insert: ''The Architect shall visit
the site at intervals of a minimum of once every two weeks 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 manner indicating that the Work
when completed will be in accordance with the Contract Documents."
13. Paragraph 2.6.11 - delete the second sentence and insert: ''The Architect's action
shall be taken with such reasonable promptness as to cause no delay in the
Contractors' Work in construction by the Owner's own forces, while allowing
sufficient time in the Architect's professional judgement to permit adequate
review, but in no case shall this review exceed fifteen (15) calendar days after
receipt thereof."
14. Paragraph 2.6.14 - delete the remainder of the paragraph after the first sentence
and insert: ''The Architect shall forward to the Owner, through the Construction
Manager, warranties and similar submittals required by the Contract Documents
which have been received from the Construction Manager. The Construction
Manager shall issue to the Architect for approval a final certificate(s) for payment
upon compliance of the requirements with the Contract Documents."
15. Paragraph 2.6.15 - delete in its entirety and insert: 'The Architect, in consultation
with the Construction Manager, shall interpret and decide matters concerning
performance of the Owner and Contractor under the technical requirements of
the Contract Documents on written request of either the Owner, Construction
Manager or Contractor. The Architect's response to such request shall be made
with reasonable promptness but shall not exceed seven (7) calendar days."
Contract JS-99 C
Page 2 of 10
16. Paragraph 2.6.16 - delete the last sentence and insert: "When making such
interpretations and initial decisions, the Architect shall endeavor to secure faithful
performance by the Owner, Architect and Contractor, and shall not show partiality
to any party."
17. Paragraph 2.6.18 - delete in its entirety and insert: "After consultation with the
Construction Manager, the Architect shall render written decisions within fifteen
calendar days on all claims, disputes or other matters in question between the
Owner and Contractors relating to the execution or progress of the Work as
provided in the Contract Documents."
18. Subparagraph 2.6.19 - delete in its entirety and insert: "The Owner's decision shall
be final on any claims, disputes, or other matters, including those in question
between the Owner and the Contractor( s), after consultation with the Architect
and Construction Manager."
19. Add Paragraph 2.6.20 - "All written communications to the Contractors shall be
forwarded through the Construction Manager."
20. Add Paragraph 2.6.21 - "The Architect shall prepare a set of reproducible record
drawings showing all changes in the Work made during construction based on
marked-up prints, drawings and other data furnished by the Contractors."
21. Paragraph 3.1.1 - delete after the first sentence and insert: ''The services
described in this Article 3 shall only be provided if authorized and confirmed in
writing by the Owner. If the Architect determines that additional services
described in this Article 3 may be required, the Architect shall promptly notify the
Owner of the nature, extent and the cost of such services."
22. Paragraph 3.4.4 - delete in its entirety.
23. Paragraph 3.4.13 - Add to the end of the Paragraph: ''Providing Interior Design
Services such as the following:
_ Inventorying existing furniture, fixtures, and equipment and furniture, fixtures
and equipment lay-outs to determine possible reuse, relocation and expanded
needs.
_ Developing schematic furniture, fixtures and equipment plans for approval.
_ Making selections of recommended furniture, fIxture and equipment appropriate
to needs.
_ Submitting statements of probable project cost.
_ Preparing necessary bidding and procurement documents for furniture, fIxtures
and equipment.
_ Assisting the Owner in coordinating delivery and installation of work.
_ Visiting project premises on installing days and review final placement of all
items. Inspecting to determine all furniture, fixtures and equipment are installed
in accordance with Contract Documents."
Contract JS-99 C
Page 3 of 10
24. Paragraph 3.4.16 - delete in its entirety.
25. Paragraph 3.4.19 - delete in its entirety and insert: "Providing services of
consultants for other than architectural, structural, mechanical, electrical,
plumbing, civil and landscape engineering portions of the Project provided as a
part of Basic Services."
26. Paragraph 3.4.20 - delete in its entirety.
27. Paragraph 4.3 - delete in its entirety.
28. Paragraph 4.4 - 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."
29. Article 5.1.3 - delete in its entirety and insert: "Construction Cost does not include
the compensation of the Architect and Architect's consultants, the Construction
Manager and Construction Manager's consultants, the costs of the land, rights-of-
way-, financing or other costs which are the responsibility of the Owner as
provided in Article 4 of this Agreement."
30. Paragraph 6.1 - delete in its entirety and insert: ''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
Contractor's obligations and liabilities for the Contract Site will not carry to
subsequent sites."
31. Paragraph 6.2 - delete in its entirety.
32. Article 7 - delete in its entirety and insert: "Article 7 - Claims and Disputes.
7.1 Should any claims be asserted against the Owner by virtue of any deficiency
or ambiguity in the plans and specifications provided by the Architect, the
Architect agrees and warrants that he shall hold the Owner harmless and shall
indemnify him from all losses occurring thereby and shall further defend any claim
or action on the Owner's behalf."
33. Paragraph 8.7 - Delete in its entirety and insert: "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."
Page 4 of 10
Contract JS-99 C
34. Paragraph 9.2 - delete "...current as of the date of this Agreement." and insert "as
amended by the Owner."
35. Paragraph 9.4 - delete "...current as of the date of this Agreement." and insert "as
amended by the Owner."
36. Paragraph 9.6 - after "This Agreement" in the first sentence insert ", which
includes the attached Supplemental Terms and Conditions,".
37. Add Paragraph 9.10 - "Insurance." and the following subparagraphs:
"9.10.1 Following award, but prior to execution of the contract, the Architect shall
provide satisfactory evidence to the Owner, that the Architect, 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 Architect will also ensure that all
consultants and subconsultants in any tier have obtained the same insurance as
specified.
9.10.2 Delays in the commencement of work resulting from the failure of the
Architect 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.
9.10.3 The Architect, 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 Architect 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.
9.10.4 The acceptance and/or approval of the Architect's insurance shall not be
construed as relieving the Architect from any liability or obligation assumed under
this contract or imposed by law.
9.10.5 Indemnification and Hold Harmless
The Architect 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
Contract JS-99 C
Page 5 of 10
expenses (including attorney's fees) which arise out of, in connection with, or by
reason of services provided by the Architect or any of its consultants or
consultants in any tier, occasioned by the negligence or other wrongful act or
omission of the Architect or its consultants in any tier, their employees, or agents.
The first ten dollars ($10.00) of remuneration paid to the Architect is for the
indemnification provided for the above.
The extent of liability is in no way limited to, reduced, or lessened by the
insurance requirements contained elsewhere within this agreement.
9.10.6 Workers' Compensation. The Architect shall obtain Workers'
Compensation Insurance with limits sufficient to respond to the applicable state's
statutes.
In addition, the Architect shall obtain Employers/ Liability Insurance with limits of
not less than:
$ 500,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease, each employee
$1,000,000 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 AM. Best Company.
If the Architect has been approved by the Florida's Department of Labor, as an
authorized self-insurer, the County shall recognize and honor the Architect's
status. The Architect shall be required to submit a Letter of Authorization issued
by the Department of Labor and a Certificate of Insurance, providing details on
the Architect's Excess Insurance Program.
If the Architect participates in a self-insurance fund, a Certificate of Insurance will
be required. In addition, the Architect will be required to submit updated
financial statements from the fund upon request by the County.
9.10.7 General Liability. The Architect 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
Contract J5-99 C Page 6 of 10
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
$ 5,000 Medical Payments
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
$ 10,000 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.
9.10.8 Vehicle Liability. The Architect 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
Contract JS-99 C
Page 7 of 10
9.10.9 Architect's Errors & Omissions Insurance. Recognizing that the Work
governed by this Agreement involves the furnishing of architectural services, the
Architect 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 Architect arising out of the Work governed by this
contract.
The minimum limits of liability shall be:
$1,000,000 per occurrence"
Contract JS-99 C
Page 8 of 10
CERTIFICATE OF INSURANCE
MONROE COUNTY
In consideration of the premiums charged on the insurance policies shown in this certificate, this certificate is issued to the certificate holder shown below. This
certiticate does not amend, extend or alter the coverage afforded by the policies listed below except as shown below.
NAME. ADDRESS OF INSURED: COMPANIES AFFORDING COVERAGES
Company Lea... A
Company lAter B
NAME A ADDRESS OF AGENCY: Company lAter C
Company lAter D
Company Leaer E
ThiI ;olD c:enil'y that the insurance policies listed beIaw have been issued ID the insured and are enforad at this time. It is asreed thatllOllC of tbcse poIi<:ies will be cancelled or changed without providing 60 days
wriuen nocice of such cancellation of change ID the c:enirlC8te bolder. elI<epl 30 days Cor Wort.en' Compensation.
COL11l. TYPE OF INSURANCE I'OUCY II EFFECTIVE DATE EXPIRATION DATE ALL UMITS IN TIiOUSANDS
General Liability General Aggl'egate $
C Commercial General Liability Products-Comp/Ops Aggregate $
C Oaims Made C Occurrence
C Owner's A ContraclOn ProtectiYe Penonal A Aclvertiaing Injul)' $
C X. C. U, Coverages Eacb Occurrence $
C Broad Form Propeny Damage Fire Damage (any one fire) $
C Independent ContraclOn Medical &pense $
C Blanket Contra<:tll8l (any one penon)
Automobile Liability Bodily lnjul)'
C Any AUlD (Eacb Penon) $
C All owned AutOl (Eac.b Accident) $
C Scbeduled AutOl Property Damage $
C Hired AutOl Bodily Injul)' and Property $
Damage Combined
C Non-Owned AutOl
E=ss Liability
C Umbrella Form Bodily Injul)' and Property $
C Other than Umbrella Form Damage Combined
C Oaims Made
C Occurrence
Wort.e.... Compensation and Wort.en' Compensation Stawtory
Emplnyen' Liability
Employers' Liability $
Other $
Commenta: Monroe County, Monroe County Board or County Commissione... and Morrison-KnudsenlGerrita are named IS additional insureds with respect ID the General Uability. Vebicle Uability. ProCessional
Liability and E=ss Uability Policies.
Name and Address oC the ~rtificate Holder: Dale Issued:
Monroe County
c/o Morrison-Knudsen/Gerrits Authorized Representative:
5090 College Road Addr...:
Key West. Florida 33040
Telephone:
38. Paragraph 10.2 - delete in its entirety.
39. Paragraph 10.4 - revise to read: "PAYMENTS ON ACCOUNT OF
ADDITIONAL SERVICES."
40. Paragraph 10.4.1 - delete - "...and for Reimbursable Expenses".
41. Add Paragraph 10.5.2 - "The Architect shall pay, to each of his consultants, not
later than the end of the calendar month in which each payment is made to the
Architect, the representative amount allowed the consultant on account of the
services performed by his consultant's interest therein. The Architect shall, by an
appropriate agreement with each consultant, also require each consultant to make
payments to his subconsultants in a similar manner. The Owner may withhold
payments due to the Architect upon proper notice of nonpayment from
consultants or subconsultants until such time as the nonpayment notice is resolved
to the satisfaction of the Owner."
42. Paragraph 11.5.2 - delete in its entirety.
43. Paragraph 11.5.3 - delete in its entirety.
44. Add Paragraph 11.6 - "In accordance with Paragraph 11.2.2, progress payments for
Basic Services in each phase 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 Architect
shall provide documentation as requested by the Owner and Construction
Manager to substantiate the requested percentages of the total Basic
Compensation payable for each phase."
Contract JS-99 C
Page 10 of 10
MORRISON/
KNUDSEN - S TRANSMITTAL LETTER
KNUDS
CORPORATION
Morrison Knudsen/Gerrits,A Joint Venture TRANS NO.
PREY.TRANS.NO,
P.O.Box 5283, Key West,Florida 33045-5283 DATE 4 ,
MK JOB NO. IS
PROJECT: SHEET OF
CLIENT: NEW TRANSMITTAL❑ RESUBMITTAL
ACTION
TO: Approved as submitted. A
Approved except as noted.Resubmission not required. B
Approved except as noted. Resubmission required. C
Disapproved—Resubmission required. D
ATTN: See Remarks. E
WE ARE SENDING:
`❑ HEREWITH '- SENT VIA: MESSENGER ❑ BLUEPRINTER Lii 1ST CLASS Li OTHER
❑ UNDER SEPARATE COVER __= SPEC.DEL. ❑YOUR PICK UP J UPS
FOR YOUR:
IS APPROVAL ❑ REVIEW&COMMENTS ❑ CORRECTION
❑ INFORMATION/USE ❑AS REQUIRED ❑ABOVE ACTION
❑ RECORDS ❑
❑ PREPARE COST ESTIMATE AND SUBMIT QUOTATION BY
THE FOLLOWING:
❑ CONTRACT DRAWINGS ❑ SHOP DRAWINGS ii SAMPLES
❑ SPECIFICATIONS ❑ LETTER -- PRODUCT LITERATURE
❑ CHANGE ORDER ❑AS-BUILTS
DRAWING,SPECIFICATIONS, REV. NUMBER
OR ITEM NUMBER NUMBER/ OF COPIES TITLE OR DESCRIPTION ACTION
DATE
� �.
( t
L i
7,r),
f"}"A" f
cm
REMARKS r< t..t 1 4 lCcsX�.c T '�c_F � t✓f (/ r- <' ?r ,
. 0-)(, tj..k \ I v'� U.V AL 'C' f ct_ `'`-� '�,�'fit >� lQ..L( .A r'
C.': e° aL1t_Gd 1 k �0_c _ y< K 4L n f CQ ! Gc
COPY TO
ADDRESSEE:SIGN&RETURN COPY NO.2 TO ABOVE ADDRESS
VERY TRULY YOURS THE ABOVE LISTED DOCUMENTS HAVE BEEN RECEIVED BY:
MORRISON KNUDSEN CORPORATION
COMPANY NAME:
BY: NAME&TITLE:
TITLE: DATE REC'D.:
CBC142/90(MK/GERRITS) COPY#1(Orig.to Addressee)COPY#2(Return Copy to MK/Gerrits)COPY#3(MK/Gerrits File Copy) #2397a/91
411bC MORRISON
KNUDSEN /-:< RR TRANSMITTAL LETTER
CORPORATION
Morrison Knudsen/Gerrits,A Joint Venture TRANS NO.
PREY.TRANS.NO.
P.O.Box 5283,Key West,Florida 33045-5283 DATE 1 (0 ef 3
MK JOB NO. <.›
PROJECT.
SHEET 1 OF
CLIENT NEW TRANSMITTAL❑ RESUBMITTAL
e�.�-_; _6` ACTION
TO:
Approved as submitted. A
Approved except as noted.Resubmission not required. B
Approved except as noted.Resubmission required. C
Disapproved—Resubmission required. D
ATTN: See Remarks. E
WE ARE SENDING:
C HEREWITH _ SENT VIA: MESSENGER ❑ BLUEPRINTER 0 1ST CLASS 0 OTHER
UNDER SEPARATE COVER SPEC.DEL. ❑YOUR PICK UP ❑ UPS
FOR YOUR:
14APPROVAL ❑ REVIEW&COMMENTS ❑ CORRECTION
❑ INFORMATION/USE ❑AS REQUIRED ❑ABOVE ACTION
❑ RECORDS ❑
❑ PREPARE COST ESTIMATE AND SUBMIT QUOTATION BY
THE FOLLOWING:
❑ CONTRACT DRAWINGS ,❑ SHOP DRAWINGS ❑ SAMPLES
II L❑ SPECIFICATIONS ETTER ❑ PRODUCT LITERATURE
❑ CHANGE ORDER ❑AS-BUILTS ❑
DRAWING,SPECIFICATIONS, REV. NUMBER
OR ITEM NUMBER NUMBER/ OF COPIES TITLE OR DESCRIPTION ACTION
DATE
+
'.,i / 1
r ., LQj /j( f e /VCJ ZCc.S L
fff / (/�' /I .
err
j.L--1 _ IS„z-..�d-( ( ns/
REMARKS A/ t-E v-r 11'i i --(y 12 ci010 1 .
, A._et e-4 --74" 0-P a..."-4 0_,
COPY TO /R '-LJ ""/ " I (J• 1 ��] .3,424 - .
ADDRESSEE:SIGN&RETURN COPY NO.2 TO ABOVE ADDRESS i;yl,; .
VERY TRULY YOURS THE ABOVE LISTED DOCUMENTS HAVE BEEN RECEIVED BY:
MORRISON KNUDSEN CORPORATION
COMPANY NAME:
Wet/47.-W
BY: NAME&TITLE:
TITLE: DATE REC'D.:
CBC142/90(MK/GERRITS) COPY#1(Orig.to Addressee)COPY#2(Return Copy to MK/Gerrits)COPY#3(MK/Gerrits File Copy) N2397a,91
•
•
Co KNUDSEN
RRITS TRANSMITTAL LETTER
KNUDSEN
CORPORATION
Morrison Knudsen/Gerrits,A Joint Venture TRANS NO.
PREY TRANS. NO.
P.O.Box 5283,Key West,Florida 33045-5283 DATE
, -. MK JOB NO.
PROJECT .
SHEET ( OF
CLIENT: NEW TRANSMITTAL❑ RESUBMITTAL I
ACTION
TO: ''`. Approved as submitted. A
Approved except as noted.Resubmission not required. B
Approved except as noted.Resubmission required. C
j Disapproved-Resubmission required. D
ATTN: 1'!'. (..t Le 19, .re r See Remarks. E
WE ARE SENDING:
❑ HEREWITH M SENT VIA: IV MESSENGER ❑ BLUEPRINTER ❑ 1ST CLASS 0 OTHER
E UNDER SEPARATE COVER ❑ SPEC.DEL. ❑YOUR PICK UP ❑ UPS
FOR YOUR:
($_APPROVAL ❑ REVIEW&COMMENTS ❑ CORRECTION
❑ INFORMATION/USE ❑AS REQUIRED ❑ABOVE ACTION
❑ RECORDS ❑
❑ PREPARE COST ESTIMATE AND SUBMIT QUOTATION BY _
THE FOLLOWING:
❑ CONTRACT DRAWINGS ❑ SHOP DRAWINGS ❑ SAMPLES
❑ SPECIFICATIONS LILETTER ❑ PRODUCT LITERATURE
❑ CHANGE ORDER ❑ AS-BUILTS ❑
DRAWING,SPECIFICATIONS, REV. NUMBER
OR ITEM NUMBER NUMBER/ OF COPIES TITLE OR DESCRIPTION ACTION
DATE
7 Orel;
a k14 t 'za
f (r 1 �
1^.,, ! 0 t" I _✓�S re : Qrr-.�. • C.t trc 1 u', des cs cL�
REMARKS +
i/ _d 4j( a±r-A—t16---,ok Y-62
, V..- .
COPY TO
ADDRESSEE:SIGN&RETURN COPY NO.2 TO ABOVE ADDRESS
VERY TRULY YOURS THE ABOVE LISTED DOCUMENTS HAVE BEEN RECEIVED BY:
MORRISON KNUDSEN CORPORATION
COMPANY NAME:
BY: e - NAME&TITLE:
TITLE: DATE REC'D.:
CBC142l90(MK/GERRITS) COPY#1(Orig.to Addressee)COPY#2(Return Copy to MK/Gerrits)COPY#3(MK/Gerrits File Copy) #23970/91
April 2, 1993
SEIY.IN
COMPANY
INSURANct
Monroe county
Morris/Knudsen-Gerritts
P.O. Box 5283
Key West, FL 33045
RE: Gonzalez Architects
County Projects: 93001.01 Sheriff's Office Building
93001.02 Public works Garage
93001.03 Lester Building Renovation
93001.04 NeW Judiciary Building 3ackson Square
93001.05 Renovation of Courthouse Annex
93001.06 Tax collectors Office
93001.07 Interim Trailers Jackson Square
93001.08 Clerk of the Courts Office
To Whom it May Concern:
With regard to the above referenced projects, please allow this
letter to serve as confirmation that Gonzalez Architects currently
maintains a professional liability policy for the firm with limits
of $250,000. A current certificate of insurance is attached for
this policy with this letter.
It is understood the Monroe County is requiring minimum limits of
$1,000,000 on this policy. Mr. Gonzalez has advised us of this
requirement and that the projects are scheduled to beqin construc-
tion in the fall. We are by this letter advising the firm's annual
renewal of october 23, 1993, we will propose limits of professional
liability at the required amount and can issue certificates of
insurance reflecting the increase at that time.
I trust the above meets with the requirements of your division of
risk management. Should you have any questions, please feel free
to call.
FEW:dm
Ene.
btc'bllshed 1945
~ A$W~l(
8125 NW, 53 Street Suite 200 . p,o eox 025220 . Miami. Florida ~3102.5220
,,,,.,1:.\ "0' .MOr, . 8~~W!l'd (30S)76~-6771 . Telex 510600~OC5 . Fax (305) 593.6993
~
PRODUCER nos CERTlnCATE IS ISSUED AS A MATl'ER or INfORMATION ONLY AND CONnRS
NO R1GHl'S UPON TIlE CERTlnCATE HOLDER. TIDS CERTlnCATE DOllS NOT AMEND,
Seitlin & Company EXTEND OR ALTER TIlE COVERAGIl AITORDIlD BY TIlE POLlClIlS BilLOW.
P. O. Box 025220
Miami, FL 33102-5220 COMPANIES AFFORDING COVERAGE
COMPANY A
LIl'lTIlR
CODE StJB.CODll A af at N ~MPANY
B
g~~' ,r...""- R
INSURIID t
}~<JI co~ C
,fI \.,J. L~\
Gonzalez Architects ("! ~~:e..r .~ COMPAIA'\
I ,~~ b D
3130 Northside Drive 1""1 ''l:.1c' ) ~ , LIl1TEI(
Key West Fl 33040 \0. f! " lotoMP .\NV ,
,. Tudor Insurance Co.
\', LIlTI# E
:::pnVERAGR~t',',',:,:,:,:",:::{"",:",:,:,:",:"",:,:",:",:,:::,:{",:,:,:,:,t:,:,:,:,:,:,:,::t":,:,,,t:':,:,:':' ,,:" :::::,t"":,,,'::,:::?;:m~,:,:,:,:,:,:,:,::':'::':':'!":~it:",:{{,::::":",:",:,:":,,::,,,,,,:,:,:,t:,,:,,:':':':':':""':":"":':':':':':"""'::":':':':':,t",::",:,:,:,:,:":""""":,:,:,:,:,:,,,,:,,,,:,:':':':':':':':"':"':':':':':':':':':""':':':':':':,t,:":,:,:,:,:,:",!:",:,,!,!,!,!,!,!,t:,,,,:,,!,:,:,:,:,:t::",,:
TIllS IS TO CERTlIY THAT TIlE POLlClIlS or INS ==:HAVE BEEN ISSUED TO TIlE INSURIID NAMIlD ABOVE roll. TIlE POLICY PIlRlOD
INDICATIlD NOTWITHSfANDING ANY REQUlRIlMIl , ~'OJl.CO mON or ANYCONI'RACI' OR OTHIlR DOCUMIlNr WITH RIlSPIlCl' TO WlDCH TIDS
CERTlnCATE MAY BIl ISSUED OK MAY PIlRTAIN, TIlE AITORDIlD BY TIlE POLlCIIlS DIlSCRIBIlD HIlRllIN IS SUBJIlCl' TO ALL THIl TERMS,
IlXCLUSIONS AND CONDmONS or SUCH POLlCIIlS. LIMITS SHOWN MAY HAVE BEEN RIlDUCIlD BY PAID CLAIMS.
CO TYPE or INSUKANCE POLICY NUMBIlK POLICY Ilrn:CI'IVIl POLICY IlXPIRATlON
TI ALL LIMITS IN THOUSAND8
DATE (MMIDDIYY) DATE (MMIDDIYY)
~ENERAL LIABILITY G ENIlRAL AGGRIlGATE
COMMERCIAL GENIlRAL LIABILITY In....
I I CLAIMS MADIl 0 OCCUR. I .",nlVv
OWNllR'S .. ~~'SPKar. IlA CH 0CCUJUlIlNCIl
-
,
-
t ,> " ..
~UTOMOBI~ CUi.iJ.in . CO MBINIlD 173DS
I SIN GLIl
ANY AurO ->:;0' .,..... LI Mrr
- I
ALL OWNllD ftfrO~'..,.. ~ BO DILY
- I. pro f "' c: :-: , ~'} 1'""1 \ , .; a ,~. , j ty ~~ ;>1' ')<j~ INJUKY
SCHIlDULIlD AU1'08> -~,,' or , ; , ,
- Aurot,:':,'r..:::' the oljgrs-'.p . .,21 .; f,1'j C 'j <; t.ile: . ) .' , 1 (pR. PIlR.)
c' BO OILY
WRIlD '\ 11w;s
- .'- , I ns~r ance 2AVcti ab 1 e for c "- pre:!- INJUKY
- NON.oWNllD ~., sented wi th1 n he pol i t) j1'I:f ~.v<1 for (pR. ACC.)
f'.l- .~
GAltAGIl LI ~_~''" al 1 operat1 ons of the imoun ki PR OPllRTY
-
D AMAGIl
.'
RCESS UAB......, .' I IlACH AGGRIlGATE
OCCUIUUlNCll
OTHIlR THAN UMBR. roRM
STATurORY
WORKERS' COMPENSATION (Il.~CH ACCIDENI')
AND
EMPLOYERS' LIABILITY (DISIlASIl-POL. LIM.)
(DISIlASIl-EA. IlMPL.)
E OTHER AEL0002453 10/23/92 10/23/93
Prof. Liability $250,000 Ea. Claim
$250,000 Ann. Agg.
DESCRIPTION OF OPERATIONSlLOCA TIONSlVEHICLESlSPECIAL ITEMS
{CEl1iMCAfttli().U)mt',',!,!,:(;:::::,:,:,:,~,:::,:,~,:,:,:,:r:,'':':':':'!':;:::'::!::::':':':':':':':'!:!'!;:::"':"':::':,:,:,:,:,:,:,!,:,!,:;:::,:::::::,:,:(,:,:,:,:,:,:,:,,::,:::':':':, .. : : .., ;~:;:;:~:;:;:~:~:j:j:j:~:~:~:~:;:;:;:~j:j:j:j:;:j:j:j:j:~:~:;:j:j:j:j:j:j:j:j:j:~~:j~j:1:~:~:j:j:j:j:j:j:j:j:j:j:~:jjj:j~j:j:j:j:j:j:r:j:~j:j:j:1:~:~:j:j:j:j:j:j:j:;:;:;:tfj:jj;:;:;:;:;:;:r:j:;:;:j:j:j:j:j:j:;:j:;:;:j:j:j:j:r:j:j:j:jj{
..
~mmmm SHOULD ANY orTHIl ABOVE DIlSCRIBIlD POLlClIlS BIl
j~Ifm CANCIlLLIlD BllroRll TIlE
Monroe County 11,:,:,1:,1,1 IlXPIRATlON DATE THIlRllOr, THIl ISSUING COMPANY WILL IlNDIlA VOK TO
Risk Manager MAIL 30 DAYS WRITI'IlN NanCE TO TIlE CERTlnCATE HOLDIlR NAMIlD TO TIlE
P. O. Box 5283
j~~j~~jj[j~jj LIln', Bur rAILUKIl TO MAIL SUCH NOTICE SHALL IMPOSIl NO OBLIGATION OK
Key West, Fl. 33045
LIABILITY or ANY ItIND UPON TIlE COMPANY, ITS AGENI'S OK RIlPRIlSIlNr ATIVIlS.
.:.:.:.:.:.:.
:.:.:.:.:.:.:
;:;:::;:::;:: AUTHORIZED ImPRESENT ATIVE 1 Jt k,G~ ~/
.:.:.:.:.:.:.
:::;:::;::::: cE
;.:.;.:.:.:.: c,~ ,,~,~J,~'
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.... ..' .. .. .:::;:::::::::::::::::::::;:::;:::::::::::::::::::::::::;:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.:::::.:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
oKy.~rTY ~O~~~E
(305) 294-4641
Monroe County Risk Management
Wing II, Room 207, P.S.B.
5100 College Road
Key West, FL 33040
j, A/'I/l/\ A J /~,. / '-
j U f -,yr ,J>y' l/ PJ'vC(lc' r~Jj!
BOARD OF COU{JTY COMMISSIONERS
MAYOR, Jack London, District 2
Mayor Pro Tern, A Earl Cheal, District 4
Wilhelmina Harvey, District 1
Shirley Freeman, District 3
Mary Kay Reich, District 5
April 14, 1993
Mr. Franklin E. Wheeler, CPCU
Vice President
seitlin & Company
P.O. Box 025220
Miami, FL 33102
Re: Gonzalez Architects
Professional Liability Insurance
Dear Mr. Wheeler:
-~
This is to confirm our conversation yesterday during which the
following issues were discussed and resolved:
1. In your April 2, 1993 letter to Morrison
Knudsen/Gerritts you indicated that Gonzalez Architects
would raise their Professional Liability limits from
$250,000 to the contractually required $1,000,000 at
annual renewal on Oc,tober 23, 1993, since construction
would not begin until the fall.
2. I inquired if the policy was claims made and would the
$1,000,000 in limits be applied back to the retro date on
Mr. Gonzalez's policy. This is crucial since the actual
design phases will occur prior to construction and the poli-
cy's renewal date is in October. You indicated in the affir-
mative that the $1,000,000 would be taken back to retro
date.
I requested that you forward me a current Certificate of Insur-
ance, and indicate that "retro date" on the policy. I received
your fax of the certificate, but there was no mention of the
retro date.
2
Page 2
Mr. Franklin Wheeler
Gonzalez Architects
If anything contained in this letter is different than what was
agreed, please advise. I am also not going to accept the term
"propose" the higher limits on renewal. Please respond and ad-
vise that you will "provide" or "bind" the $1,000,000 limits on
renewal.
Sincerely,
O fV::) /
\ \ /7 ( )" ." ..
, \/(yv \,/'\;,--c--- )',. / C, 'l)L. '\ /
Donna J. Perez', ARM /J
Risk Manager
cc: County Attorney
Morrison-Knudsen/Gerrits
Interisk Corporation
DJP/kb
LEFWGONZ/txtperez
:::;: . .\. ......... \lllllillillli'ilsui"Nml aW14}\Od~:j;S) ISSUE DATE (MMIOD/Y)/
4"..... s: :,:",.....::,:::.;:...}..,:':::}:;::::,:::::;::.,..;.:,\,:'. 04 /07 /93
PRODUCER 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
EY WEST INSURANCE INC.
104 FLAGLER AVENUE
EY WEST FL 33040
A FIDELITY & CAUSALTY CO OF N.Y.
LETTER
B
INSURED LETTER
ONZALEZ ARCHITECTS C Risk Mgmt. &: Loss Control
OSE GONZALEZ: DBA LETTER
130 NORTHSIDE DRIVE COMPANY D
EY WEST, FL 33040 LETTER
COMPANY E
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 BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLlvIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE
POLICY NUMBER
POLICY EXPIRATION
ATE (MM/DD/Y)/ DATE (MM/DD/Y)/
3/15/93 3/15/94
LIMITS
GENERAL AGGREGATE $ 1
PRODUCTS-COMP/OP AGG. $ 1
PERSONAL & ADV. INJURY $ 1
EACH OCCURRENCE $ 1
FIRE DAMAGE (Anyone fire) $
MED.EXP. (Anyone person) $
COMBINED SINGLE
LIMIT $
BODILY INJURY
(Per person) $
BODILY INJURY
(Per accident) $
PROPERTY DAMAGE
$
EACH OCCURRENCE $
AGGREGATE $
BOX7199225(03)
MMERCIAL GENERAL LIABILITY
LAIMS MADE [iJOCCUR
OWNER'S & CONTRACTOR'S PROT
BOX7199225(03)
03/15/93 03/15/94
ALIL OWNED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
weRKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
EACH ACCIDENT $
DISEASE-POLICY LIMIT $
DISEASE-EACH EMPLOYEE $
OTHEIpROPERTY
DESCRIPTION OF OPERATION~~ICLESISPECIAL ITEMS
ERTIFICA~DEl tS"~ED AS ADDITIONAL INSURED.
P~<;1$",~n<>i\I}
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL...3..0.-- 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.
,m.>~g~(li~);<""""
~L-
>;:.,..:.:.........:~A99~'9QRpgR~T.~'~
" .'
.
SEIY.IN
COMPANY
INSURANCE
April 20, 1993
Ms. Donna J. Perez
Arm Risk Manager
Monroe County Risk Management
Wing II, Room 207, P.S.B.
5100 College Road
Key West, FL 33040
~(.,; Iii";' ~
, t '~j ( . f ,
Y~;L;)' -~
.._~__..__u..._..
RE: Gonzalez Architects
Professional Liability Insurance
Your Letter of April 14, 1993
Dear Mr. Perez:
This letter will confirm that the current retroactive date of
coverage on Mr. Gonzalez's professional liability insurance policy
is October 14, 1987. When Mr. Gonzalez selects $1,000,000 of
professional liability coverage for Gonzalez Architects, it will
apply back to the retroactive date of coverage, October 14, 1987.
This letter will confirm that we will certainly provide limits up
to $1,000,000 for professional liability insurance for Gonzalez
Architects renewal date of October 23rd, 1993. I cannot advise
that we will bind these limits until we receive a check.
If you have any questions regarding this letter, please do not
hesitate to give me a call.
FEW:dm
Ene.
Established 1945
~ A;s~~x
~ Inlerrl<.llI0Ili11
.._-------_...-._-------~-_._-----~._-".- ------,---..-------~._.._- --- -- ------ - ~-- -------_.-
8125 NW, 53 Street, Suite 200 . P.O. Box 025220 . Miami, Florida 33102-5220
(305) 591-0090 . Broward (305) 763-6771 . Telex 5106003005 . Fax: (305) 593-6993
cr:sv
.\. ....~...'..... I" ':.'.,.:.'...:......,..,............,........111111111~
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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
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ISSUE DATE (MMIODty)/
PRODUCER
EY WEST INSURANCE INC.
104 FLAGLER AVENUE
EY WEST FL 33040
COMPANY A FIDELITY & OF N.Y.
LETTER
COMPANY B
LETTER
ONZALEZ ARCHITECTS COMPANY C
OSE GONZALEZ: DBA LETTER
130 NORTHSIDE DRIVE COMPANY D
EY WEST, FL 33040 LETTER
COMPANY E
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 REQUIREMENJ:, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICA I E 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 POllvIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EXPIRATION
TYPE OF INSURANCE POLICY NUMBER LIMITS
ATE (MM/DDty)/ DATE (MM/DDty)/
BOX7199225(03) 3/15/93 3/15/94 GENERAL AGGREGATE $ 1
MMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ 1
LAIMS MADE [iJOCCUR. PERSONAL & ADV. INJURY $ 1
OWNER'S & CONTRACTOR'S PROTo EACH OCCURRENCE $ 1
FIRE DAMAGE (Anyone fire) $
MED.EXP. (Anyone person) $
AUTOMOBILE LIABILITY COMBINED SINGLE
NY 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
AND EACH ACCIDENT $
EMPLOYERS' LIABILITY DISEASE-POLICY LIMIT $
DISEASE-EACH EMPLOYEE $
OTHEIpROPERTY BOX7199225(03) 3/15/93 03/15/94
DESCRIPTION OF OPERATlONS/LOCATIONSNEHICLES/SPECIAL ITEMS
ERTIFICATE HOLDERS ARE NAMED AS ADDITONAL INSUREDS WITH RESPECT TO THE
ENERAL LIABILITY
MONROE CO., MONROE CO.
BOARD OF CO. COMM &
MORRISON-KNUDSEN/GERRITS
5090 COLLEGE ROAD
KEY WEST FL 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL...3..0.-- 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.
d<<}-.;)If/f-/07 C
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at!I.sdFl~tslCE QMVf ,Q()2m9< ISSUE DATE (MMIODty)/
~..>> 04/06/93
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
PRODUCER
EY WEST INSURANCE INC.
104 FLAGLER AVENUE
EY WEST FL 33040
COMPANY A UNASSIGNED
LETTER
COMPANY B
LETTER
ONZALEZ ARCHITECTS COMPANY C
OSE GONZALEZ: DBA LETTER
130 NORTHSIDE DRIVE COMPANY D
EY WEST, FL 33040 LETTER
COMPANY
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 POLlvIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFFECTIVE POLICY EXPIRATION
TYPE OF INSURANCE POLICY NUMBER LIMITS
TR ATE (MMIODty)/ DATE (MM/DDty)/
GENERAL LIABILITY GENERAL AGGREGATE $
OMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $
LAIMS MADE DOCCUR. PERSONAL & ADV. INJURY $
OWNER'S & CONTRACTOR'S PROT, EACH OCCURRENCE $
FIRE DAMAGE (Anyone fire) $
MED, EXP. (Anyone person) $
AUTOMOBILE LIABILITY COMBINED SINGLE
NY AUTO LIMIT $
LIL 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 UMBRELILA FORM
WORKER'S COMPENSATION 51500358 4/01/93 4/01/94
AND
EMPLOYERS' LIABILITY DISEASE- POLICY LIMIT
DISEASE-EACH EMPLOYEE
OTHEIpROPERTY
DESCRIPTION OF OPERATlONS/LOCATlONSNEHICLES/sPECIAL ITEMS
MONROE CO., MONROE CO.
BOARD OF CO. COMM &
MORRISON-KNUDSEN/GERRITS
5090 COLLEGE ROAD
KEY WEST FL 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL....4.5..-- 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.