Loading...
Item C32 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 18. 2006 Division: Engineering Bulk Item: Yes ~ No Department: Facilities Development Staff Contact Person: Jerry Barnett AGENDA ITEM WORDING: Approval of an Agreement with MBI/K2M Architecture, Inc. for consultant services associated with the redevelopment of the Old Tavernier School for purposes of a Community Meeting Hall. ITEM BACKGROUND: Our Agreement with MBI/K2M Architecture, Inc. falls under the continuing contract for professional services for Monroe County construction projects not to exceed $1,000,000.00. Because their fee exceeds $25,000.00, BOCC approval of the Agreement is required. PREVIOUS RELEVANT BOCC ACTION: On May 19, 2004, the BOCC approved an annual contract with MBI/K2M for architectural services, and on May 18, 2005 and May 16, 2006, the BOCC approved to renew the contract for a one-year period. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval as stated above, with the effective date in September, 2006. TOTAL COST: $32.500.00 BUDGETED: Yes -.lL No COST TO COUNTY: $32,500.00 SOURCE OF FUNDS: One-Cent Infrastructure REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year APPROVED BY: County Atty ~ OMB/Purchasing ~ Risk Management _X_ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM Revised 8/06 MONROE COUNTY FACILITIES DEVELOPMENT MEMORANDUM TO: David Koppel County Engineer FROM: Ann Riger, Contracts Administrator Facilities Development DATE: October 3,2006 RE: Agenda Item - Professional Services with MBIIK2M AGENDA ITEM WORDING: approval of an Agreement with MBI/K2M Architecture, Inc. for consultant services associated with the redevelopment of the Old Tavernier School for purposes of a Community Meeting Hall. ITEM BACKGROUND: Our Agreement with MBI/K2M Architecture, Inc. falls under the continuing contract for professional services for Monroe County construction projects not to exceed $1,000,000.00. Because the fee for MBI/K2M is over $25,000.00, the Clerk of Court's office recommended BOCC approval. PREVIOUS RELEVANT BOCC ACTION: On may 19, 2004, the BOCC approved an annual contract with MBI/K2M for architectural services for professional services for construction projects not to exceed $1,000,000.00, and on May 18,2005 and May 16, 2006, the BOCC approved to renew the contract for a one-year period. CONTRACT/AGREEMENT CHANGES: There are no changes to report. STAFF RECOMMENDATIONS: Approval as stated above. Thank you. If you have any questions, please contact me at ext. 4439. AR MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: MBIIK2M Contract # - Effective Date: September, 2006 Expiration Date: Contract Purpose/Description: Constultant services for the redevlopment of the Old Tavernier School for purposes of a Community Meeting Hall. Contract Manager: Ann Riger 4439 Facilities Develop/Stop #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/18/06 Agenda Deadline: 10/03/06 CONTRACT COSTS Total Dollar Value of Contract: $ 32,500.00 Budgeted? YesC8J No 0 Account Codes: Grant: $ N/A County Match: $ N/ A Current Year Portion: $ $30,000.00 24000-560620-CG0608-530310- _ - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Division Director Changes Needed YesO NoU YesO NoG YesO NoO /,/" Yes[}(NoO Date Out RiskManagement )3~1 [) 3.b{J1 i r) ({Ii (\ ~ \11'\ O.M.B./Purtl1asihg County Attorney Comments: OMB Form Revised 2/27/01 MCP #2 m I k m II ARC HIT E C T U R E, INC. CONSULTANT SERVICES AGREEMENT specifications are allowed, except for those charges for postage between the Architects branch offices and between the Architect and his consultants. Reimbursable expenses will be allowed at the rates listed per Renewal Contract of May 16, 2006, without an added 10%. Reproductions will be reimbursed beyond the first 8 signed and sealed full size sets, and one full size reproducible set, one 11 x 17 reproducible set, and 4 project manuals. D. The Consultant shall submit monthly invoices for services rendered. Payment of the invoice is due within 30 days after date on invoice. APPENDIX A The following is an expanded Scope of Work (fee includes): . Existing conditions survey of all accessible areas. . Existing conditions drawings including elevations and floor plans. . Preliminary building floor plans and site plan for approval by community and Client. . Material and system research - engineering. . Construction Documents including architectural, mechanical, electrical, plumbing, minor structural, and civil engineering in both drawing and specification form. . Civil engineering includes performance based aerobic treatment plant and full drainage design, including all site design elements such as sidewalks, parking, and accessible path. . Construction Administration services include responding to Contractor questions, shop drawing review, and a maximum of (3) field visits during the construction phase. . Up to three (3) community meetings will be attended under this agreement. STIPULATION . Client shall provide a current survey of the entire property prepared by a State of Florida licensed surveyor. Survey can be no older than June of 2006. . Client shall provide all front end specification documents to Consultant for inclusion in the project manual. . Structural renovation of existing building structure other than to facilitate the design is not included. . Consultant takes no responsibility for any unknown conditions, not readily accessible during the existing condition survey). SCHEDULE The Consultant shall complete the work as required by the County, Please sign and return this proposal for the work to proceed, Additionally, please issue a purchase order number for accounting 1 billing purposes, Director 08/10106 In . - Title - Date cc: file DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk By: Mayor/Chairman RENEWAL CONTRACT (Annual contract for Architectural Service) This renewal is made and entered into this ] 61h day of May 2006 BETWEEN MONROE COUNTY, BOARD OF COUNTY COMMISSIONERS (the "Owner") and MBIJK2M ARCHITECTURE (the "Architect") in order to renew the agreement between paJ1ies dated May] 9, 2004, and as renewed on May] 8, 2005 as follows: 1. In accordance with the original contract of May 19, 2004, more particularly, Page 1, Paragraph 5, "services will include an annual contract, commencing the effective date of this agreement and ending one year thereafter, with options for the County to renew on an annual basis three consecutive times". This is the second renewal of this contract. 2 The term of this renewal contract shall commence May 19, 2006, and is subject for renewal again on May 19, 2007. 3. Article VII of the original contract, paragraph 7.1.1 shall be amended to reflect the following personnel: NAME Michael B. Ingram Harry D. Keagler Scott C Maloney Kevin Terra Jim Fish Dana Zimmer Robert Donaldson Rusty Elferdink Craig Pennington Tara Pesta Tanya Oldja Jeni McKinniss Bojan Miocinovic lke Edeani Dee McKenzie Maryanne Johnson Lina Robles Renee Washburn FUNCTION Principal, Architect, I Principal, Architect I Project Manager, Archt II Project Manager Project Manager Proj ect Manager Project Manager Constmction Administrator Draftsman I Draftsman I1 Draftsman II Draftsman II Draftsman II Draftsman II Admin i strative/Cleri cal Administrative/Clerical Admini strati ve/Cleri cal Administrative/Clerical 4. For the performance of the optional additional services and contingent additional services described in Article IV the architect/Engineer shall be paid at revised hourly rates as follows Principal Architect I Proj ect Manager! Architect II Proj ect Manager Construction Administrator Draftsman I Draftsman II Admini strati ve/CI eri cal $215.00/hour $185.00/hour $120.00/hour $120.00/hour $95.00/hour $70.00/hour $55.00/hour 5. Article VIII, of the original contract, paragraph 8.2.1 shall be amended to reflect the following rates for reimbursable items as follows: In house prints In house prints In house prints In house prints In house prints Mileage Mailing/Shipping License Fees Parking Mailing/Shipping Blueprint reproduction Printing Consultant Fees 24 x 36 black/white II x 17 black/white 11 x17 color 8.5 x 11 color 8.5 x 11 black/white $2.50 per page $0.40 per page $1.50 per page $1. 10 per page $0.20 per page $0405/mile Cost Cost Cost Cost Cost Cost Cost + 10% . In all other aspects, the original contract between Owner and Architect dated May 19, 2004, and renewed on May 18th, 2005 remains in full force and effect. :~":-:: ,<:'- - '. . " INWITNESSW:Hf'~REOF, the parties have hereunto set their hands and seal, the day and year first written above. DANNY L KOLHAGE, CLERK J~ 4./" t, B ~~J-v':.':t.,f:f/,(Sif#v~~r(/ L/ -. Deputy Clerk Date &> BOARD OF COMMISSIONERS By Mayor/Chairman Date o"~t. l ~ flIj ARCHITECTURE, INC. March 28, 2006 Monroe County Engmeering Division Facilities Development Department Ms. Ann M. Riger, Contracts Administrator 1100 S11110nton Street Room 2-216 Key West, FL 33040 VIA FACSIMILE: 305-295-4321 Re: Monroe County Archltectllral Services Contract Dear Ms. Riger: mbi I k2m Architecture, Inc. is pleased to accept Monroe County's offer for the second one year renewal of contract for Architectural Services for Monroe County. Please find listed below current hourly rates for 2006 along with staff names and titles, a current Certificate of Insurance is enclosed. Principal/Architect I ~~rojee! Manager /Architect II Proj ect Manager $215.00/hour $185.00/hour $120.00/hour Construction Administrator Draftsman I -^-"._--,~--,--"'~-_._~.._,-"~-~-,~._--~-"-~-- Draftsman II $120.00/hour $95.00/hour _.~ --,-,~~-~~-----,--- $70.00/hour Michael B. Ingram, Harl::LI2.1Zeagler Scott C. Kevin Terra, Jim Fish, Dana Zimmer, Robert Donaldson Elferdink Craig Pennington -. -----------_._,,- Tara Pesta, Tanya Oldja, Jeni McKinniss, Bojan Miocmovic, Ike Edeani Administrative / Clerical $55.00/hour Dee McKenzie, Maryanne Johnson, Lina Robles, Renee Washburn We appreciate the opportunity to provide shoul~J~ave any questions I '~'(m be / I Sintere.ly, 'I !t II .1 \ j mbl'! . m and look forward to workmg with the County If you 2SLJ-4011. l' , , , ((II 111' [(I Ii CERTIFICA 1 ~ OF lABiliTY iNSURAr\ OPID Y K2MDESl 08 08 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. E 06 PRODUCER Talbot Insurance Partners 9930 Johnnycake Ridge Road Mentor OH 44060 Phone: 440-942-2152 Fax:440-942-2204 mbi / k2m Architecture Scott C. Maloney, R.A. 2530 Superior Ave #302 Cleveland OH 44114 INSURHl A INSURER [J INSlmER Sta te Auto InsUranC(2 NAIC# 25135 443C INSURERS AFFORDING COVERAGE INSURED CNA INSURUi D COVERAGES rHE POLlCIf:S OF INSURANCE LISTED BELOW HAVE BEEN ISSUU) TO INSlml-D NAMED ABOVI, FOIl THE POliCY PERIOD ANY REOUIREMENT. Tf:RM OR CONDITION OF ANY CONTRACT or, OTH[R DOCUMENT WITH RESP[CT TO WHICII rillS C[RTIFICAT[ MAY BE ISSUED OR MAY PERTAIN. THEe INSURANCf: AFFOF<DEeD BY THE POLlCI[S DI'SCFmlED HICFlEIN IS SUBJECT ro ALL THE TEF,MS. EXCLUSIONS AND CONDITIONS OF SUCH POLlCI[S AGGR[GATf: LIMITS SHOWN MAY HAV[ 8[EN REDUC[D BY f'AID CLAIMS LTR GENERAL LIABILITY X COMMEflClAL GENEllAL CLAIMS MADE A X Business Owners GEN'L ,~GGREGATE LIMIT APPLIES PER X LOC AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS A X HIi~[~D AUTOS A X NON-OWNED AUTOS GARAGE LIABILITY ANY I\UTO EXCESS/UMBRELLA LIABILITY X OCCUR CLAIIAS MADF POLICY NUMBER LIMITS [ACH OCCURIJENCf: $ 1 000 000 000 000 000 000 M[D EXP BOP2202233 08/08/06 08/08/07 GENERALAGGREGAT[ - COMP/Of' AGG SINGL [ LIMIT $1,000,000 INJURY (Fer person) BOP2202233 BOP2202233 08/08/06 08/08/06 08/08/07 08/08/07 lJODIL Y IN.JUWI (reef accident) PROP[R fY DAMAC;E (Fer accirlenl) $ TH/\N ONLY AUTO ONLY - FA EACH OCCUIJRENCE AC;C;PEC;AT[ DEDUCT IlllE RETENTION A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY /\NY BOP2202233 08/08/06 08/08/07 000 000 OOG 000 000 000 E & 0 5-401 87-62 04/13/06 04/13/07 Per Claim 3,000,000 3 000 000 j DESCRIPTION OPERATIONS / LOCATIONS / VEHICLES / ADDED BY ENDORSEMENT / SPECIAL Certificate holder is also named as additional insured. Ohio Harker's Camp #1493325 as provided by Scott C. Haloney mbilk2m Archi -tE~cture . _.____~_._.~____~_'.._.__.._w__w____.____._______."._.__..._.___""^_____..,. .,_"__.,..,_~__~__~.._________~~_.~._,___"_._.____._____---..---...-',--. _.~.._._.____._w"_____ ----y---"'..----.--.-..,.-.-. CERTIFICATE HOLDER CANCELL/\ TION 1:vlCl1 1 OS SHOULD .l>.NY OF THE ABOVE OESCHIF3ED POLICIES BE CA~":CELLED BEFORE: THF: EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOH TO MAIL 10 DAYS WHITTEN r\jO"TlCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT F/\ILURE TO DO SO SHALL Monroe County Attn: Paulette Harper 1100 Simonton St. Key st FL 33040 IMPOSE NO OBLIGATION OR LIABILITY OF P,NY 1<:[1'-10 UPON T1--lE Ij'-,-:SUREH, ITS AGENTS OR F\EPF-\ESENT ATIVES AUTHORIZED FH:::PRESENTATIVE YvonrH:? ]\of. JGB N~OFm 25 (2001/08) 04/07/2005 11:15 13[ fl'2 MBr i<:2f'..j mil k ARCHITECTURE, INC. April 7, 2006 Monroe County, Florida Attn; Paulette Harper 1100 Simonton Street Room 2~216 Key West, FL 33030 VIA FACSIMILE: 305-295-4321 REIMBUR~L\BLES FOR 2006 Receipts wiU IJ e provided with invoices 24 x 36 1: hick/white 11 x 17 t hrck/white 11 x 17 co .or 8.5 :x 11 ~(,lor 8.5 :x 11)J Elck/white If you should have any questions please give me a call. Sincerely, m!;i I k2m Architecture, lizc. PI. ej/ C v~__--- 7I{-~f/i'~ Dee Me KeT1zi e l/ Director of cc: \\1 1 ()8 111.5\Sharcd\C1cvc1fJnd\Job~\2006\r\,j[lnTc1C F'?-\GE 01 ("C'/\/I \'__ L... , i I/') ".- I (r( (;:;'-J f) I~ "I $2,50 $ 40 $1.50 $1.10 $ .20 e1' a e $.405 / mile Cost Cost Cost Cost Cost Cost i' 1 0% /:1 '} ::! tIC Rcnl~v/3j rOT 2006\04-07--n6 RCl(rlhur~13hk c:tpcn;;cs fOT ~Zr)O(,-doc i I' 10 j I CONTRACT FOF~ PROFESS10N.Al SERVICES BETWEEN OWN R AND ARCHITECT/ENGINEER 2004 EDITION These contract documents should be used only after consultation with counseL The documents are not intended as legal advice appropriate to any specific situation, nor do they purport to address all issues which may arise between the cont,-acting parties. The document~ should be amended or supplemented where appropriate. THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT/ENGINEER (the "Contract") is made and entered Into by MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (the "Owner") and MBIIK2M TEAM ' This contract is executed under seal and shall be effective on the date executed by the last party to execute it. The professional services required by this Contract are to be rendered for the small projects consisting of remodeling, roofing, ADA compliance, or renovations of building and other capital renovations of building and other capital improvements, in which construction costs do not exceed $1,000,000.00. Services will include an annual contract, commencing the effective date of this agreement and ending one year thereafter, with options for the County to renew on an annual basis three consecutive times. Thes~ services shall include, but not be limited to: Preparation and cornpletion of the design prograrll for space requirements and relationships, schematic design, design development, preparation of contrElct documents for bids, preparation and advertisement for Request for Bids, tabulation and review of bids, recommendation of contract awards, cost estimating during design and eJocurnent preparation, administration of contract docurnents, consultation and on-site inspections during construction, review and recommend approval of contractor invoices, preparation and submittal of perrl1it applications, zoning applications, public p,-esentations and presentations to the County Commission. NOW, THf':::REF in cons statt~d hc=:min, cmcJ for other- ackIlCJ\Nlc?d ane! of the mutual promises, ccwencmts I-lei vail lable con Oil, s IlC) r ncJ a~]I"eern ills c:y of y FORM OF A(3F<.EEMENT AI={TIClE 1 1.1 REPHESENTATIONS AND WARRANTIES By executing this Contract, the Architect/Engineer makes the following express represen and warranties to the Owner: 1.1.1 The Architect/Engineer is a professional qualified to act as the Architect/Engineer for Project and is licensed to practice Architecture/Engineering by all public entities having jurisdiction over the Architect/Engineer and the Project; 1.1.2 The Architect/Engineer shall maintain all necessary licenses, permits or other authorizations necessary to act as Architect/Engineer for the Project until the Architect/Engineer's duties thereunder have been fully satisfied; 1.1.3 The Architect/Engineer has become familiar with the Project site and the local conditiol under which the Project is to be designed, constructed, and operated; 1.1.4 The Architect/Engineer shall prepare all documents required by this Contract including, but not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. The Architect/Engineer warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional construction co~ due to missing or incorrect design elements in the contract documents; 1.1.5 The Architect/Engineer assumes furl responsibility to the extent allowed by law with regards to his performance and those directly under his employ as Architect/Engineer of Record. 1.1.6 The Architect/Engineer's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The Architect/Engineer shall submit, for the Owner's and Construction Manager's information, a schedule for the performance of the Architect/Engineer's services which may be adjusted as the Project proceeds if approved by the Owner, and shall include allowances for periods of time required for the Owner's and Construction Management's review, and for approval of submission by authorities havingjurisdidion over the Project. Time limits established by this schedule and approved by the Owner may not be exceeded by the Architect/Engineer except for delay caused by events not within the control of the Architect/Engineer or foreseeable by him. In the event the ArchitectlE does not conform to the schedule, then the Architect/Engineer may be assessed a charge up to one percent (1 %) of the fee per week until the \Nork product is produced in an acceptable Illannel-. The penalty shall apply on Iy to the completion of dOCUtilents required fOI bidcJill~J, saie! date bein~J met with the ivery of one Final set to the II aSSfjSS the a e only it is rminee! that work: IleJ h is sub nel is 110t th ull III Ifl I ARTUClE II ~'"--_._--~...,-~~ SCOPE j\i~CFJlTECT/ENGiNEER'S BASIC SEF~Vi 1 DEFINlliON 2. '1.1 Architect/Engineer's Basic Services consist of those described in Paragraphs 2.2 through 2.8, and other services identified as part of Basic Services, and include normal, civil, structur~a!) n18chanical) and electrical engine8rlrlg services. L.:,'I.L The Design for Construction shall include, but shall not necessarily be limited to, plan: and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Design for Construction sf-: be accurate, coordihated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorizatic to the contrary is given by the Owner. The ArchitecVEngineer shall be responsible for design;1 the Project in accordance with the analyses and recommendations of the geotechnical information furnished per Article 4.4. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect/Engineer shall review the program, schedule and construction budget furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The ArchitectJEngineer shall review with the Owner and Construction Manager: proposed site use and improvements, req ui~ed permits, zoning, selection of materials, building systems and equipment; and method of Project delivery. 2.2.3 The ArchitecUEngineer shall review with the Owner and Construction Manager alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget req uirements, the Architect/Engineer shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documellts illustrating the scale and relationship of Project components. 2.2.5 At levels of completion of 25%,50% and 75% of the Schematic Design Phase, the Architect/Engineer shall provide schematic design studies for the Owner's review and the Construction Manager's ilTfoniiation PI"I}~SE f<EOUlf~EIV1ENrS 2.3.-' The Schematic Design Phase services shall respond to program requirements and consist of preparation of: conceptual site and building plans, preliminary sections and elevations, development of approximate dimensions, areas and volumes, concept sketches required to explain the design intent to the owner. Perspective renderings and models, jf required by the Owner, will be billed as an additional service as billed as a reimbursable expense if that service is performed by additional consultants after the Owner's written appro The Architect/Engineer shall perform the following design phase tasks: a. Structural Design/Documentation services during the Schematic Design Phase consisting of recommendations regarding basic structural materials and systerr analyses, and development of conceptual design solutions for: a predetermine structural system and alternate structural systems. b. Mechanical Design/Documentation services during the Schematic Design Phas, consisting of consideration of alternate materials, systems and equipment, and development of conceptual design solutions for: energy source (s), energy conservation, heating and ventilating, air conditioning, plumbing, fire protection, special mechanical systems, process systems, and general space requirements. c. Electrical Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate systems, recommendations regarding basic electrical materials, systems and equipment, analyses, and development 01 conceptual design solutions for: power service and distribution, lighting, telephones, fire detection and alarms, security systems, electronic communications, special electrical systems, and general space requirements_ d. Civil Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate rnaterials and systems and development of conceptual design solutions for: on-site utility systems, off-site utilities work, fire protection systems, drainage systems, sewage treatment, and paving. 2.4 DESIGN DEVELOPMENT/DOCUMENT PHASE 2.4.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the ArchitectJEngineer shall prepare Design Development Documents for the Construction Manager's review and the Owner's approval The Design Development Documents shall consist of drawings and other eiocuments that establish and describe the size and character of the Project as to ClI-chitectural/enQineering, structural, mechanical and electrical systems, materials and such other- elements as Illay be appropriate 11 Mallage 1- !lei 0 r 2.4.3 Upon completion of the Design Development Phase, the Architect/Engineer shall pn drawings, outline specifications and other documents for the Owner's approval and the Construction Manager's information. The ArchitecUEngineer shall provide an estimate of anticipated costs in accordance with the design development phase. 2.4.4 The Design Development Documents must be approved in writing, by the Owner prio ArchitecUEngineer continuing to the Construction Documents Phase. 2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS To satisfactorily perform the design development phase requirement, the Architect/Engineer must complete the tasks set forth in paragraphs 2.5.1 - 2.5.13. 2.5.1 Floor Plans - This consists of general plans, overall coordinating plans, and plan enlargements for important and special areas. Data required: a. Building perimeter (footprint) and exterior wall type, thickness and composition fixed. b. Structural grid or system. c. Major mechanical/electrical systems determined and their requirements reflectec and indicated on plans. d. Indicate building core - elevators, stairs, etc. e. All internal partitions of appropriate thickness indicated. f. Floor, slab, and level elevations. g. Typical door types. h. Typical partition types. I. Built-in furniture items - special furniture and equipment (early clarification of what is "NIC" and "by owner"). Larger scale (e.g., ;;';:"), Key areas, lobby, entries, public plaza, major corridors, special spaces, etc. Required: All surfaces (floor, wall, and ceiling treatments), furniture indication, and layout. k. Evacuation routes identified (to include locating necessary posting of evacuation route plans). 2.5.2 General Elevations a. Total full-height facades including roof structures. b. All fenestration c. Overall vertical building and floor heights. d. Indicate cross-refemnce points with sections. e. Indicate setbacks, building profiles, expansion joints, etc. r Indicate treatment of visible mechanical equipment g. System impact (pl'ecast concrete, stone, panel systems, rnetal/glass curtain wall, etc) pl-operly selected by adequate technical investigation .2.5.3 Sf:cti II s - nation" type Detail \j\jall Ie !lulld I IlCJ trmsVf;lse "builcling CJ, ) Domin te ful ilt f. g. Mechanical penetrations Parapet design. ct (furring, . ) 2,5Jj, Details - Large scale (1-1/2", 3") as required. Indicate key conditions. a. Window types: divisions, pattern, mullion profiles, vent detail, glazing type, jamb/head, plan section. b. Hollow metal (typical only; keyed to plans and schedules). c. Frame types (typical only; for compatibility and profife). d Stair types - egress, public, exterior (including railing design) Metal and glass '.^Jalls) borrovved lights, etc.; for division, profile, and glazing~ f. Interior partition types (typical only; keyed to plans and schedules). g. Built-in furniture items, receptions, desks, work tops, counters, cabinet types, display cases, recesses, wardrobes, millwork, etc. 2.5.5 Interior Elevations Typical and special spaces, interfEiced with, and cross-reference to, floor and reflected ceiling plans, Indicate: a. Breaks. b. Leve/changes. c. Pertinent vertical dimensions. 2.5.6 Reflected Ceiling Plans - Typical and special space. Integrated plans reflecting structural, mechanical, and electrical impacts. Plans to indicate: a. Lighting layouts. b. Soffits, coves, furrings. c. Skylight locations. d. Ceiling materials. e. Acoustic treatments. f. Heating and ventilating register, diffuser locc=ltions. g. Sprinklers. h. Access panels. 2.5.7 Schedules - Schedules to be nonrepetitive and comprehensive, with specific keying to floor plans and elevations. a. Interior finishes. b. Doors and frames. c. Preliminary hardware d. Window/glazing. 2.5.8 Specifications - Comprehensive, abbreviated methods, materials and systerns descriptions in tune with drawings. Use CSI format with applicable section numbers. Include all consultant portions as well as those special supplementary conditions specific to the project. 2.5.9 Pre1iminary Estimate of Construction Cost - Adjustnlent of [he prclinlinCiI-Y ccmstl'Llctio!l cost at the end of sche Ign ate of 2,5:10 Structural Design Development Set a. tiS the same scale as the b III ns, incluc! cI Ions rlDlneer-i ci m cj slab II 8. All column points established f. Final column schedule g. Preliminary details and sections to acJequately indicate structural system h, Preliminary details of major unique conditions that impact on scheme (as determined by the ArchitecUEngineer) 1. Details indicating accommodation with mechanical/electrical at areas of maj( interface ). Design development specifications k. Any necessary recommended adjustments to the preliminary estimate of construction cost. 2.5. '11 Mechcmicai/Eiectticai Design Devei()plllent Set a. Typical floor plans. Systems representation in diagrammatic (nondetailed) sty major items of equipment indicated, their space requirements and interface requirements with other systems. Indicate: major shafts (sizes), chases, mechanical rooms and electric closets, and convector/fan coil locations, etc. b. Required punctures: wall, slab, and beam c. Terminal plans (lobby, ceHar, roof) with items of heavy equipment shown in diagrammatic style, with their space requirements indicated: (1) Boiler/heater spaces (include clear height requirements), (2) Transformer vaults (approved obtained from local utility company), (3) Switchgear, emergency generator, wat storage tanks, fire pumps, etc" (4) Roof cooling towers, major air-conditioning and air-handling equipment, packaged units, etc. d. Locations of major roof-air handling equipment: cooling towers, exhaust fans, ete, e. Preliminary details of major and unique conditions that impact on scheme (as determined by the ArchitecUEngineer) f. Data to be developed in conjunction and in coordination with the project team: "I. Integrated diagrammatic lighting plans indicating all overhead mechanical and electrical equipment for typical floor and special spaces 2. Cuts and explanatory information for interior visual iterns such as: louvers, registers, heating/cooling units, and cabinets. 3. Exterior louver requirements and proposed locations. 2.5.12 Site Design Development Set a Builcling location plan--building tied down clirnensionally with pertinent adjacencies, stl-eet lines and grades, property Jines, required setbacks, easements, rights of way, manholes, sewers, hydrants, light standards, etc., interfaced with survey. b. Main entry level datum elevation with key extE)I-ior wacles at building perinleter c. Site cJeveloplllent grading and landscaping plans d. Ovel-all pl'eliminal-Y site grading and cJefirlExJ design of extern:]1 nts, properly comdinatmi and intel-faced with nical/e I fell lity rltry points I , vaults, access to f. fJ I i III n el r b u i icJi n 9 i (I lit Ii (] n k. Design cJeveloprnent specifications I. Any necessary adjustments to the preliminary estate of construction cost. 2.5.13 Other Consultants' Design Development Sets--As appropriate to the Project 2.5.'i4 Limitations - The above list of drawings represents, in general, the requirements of Project. 2.6 CONSTRUCTiON DOCUMENTS PHASE 2.0.1 Based on the approved Design Development Documents and any further adjustmentc: authorized by the Owner in the scope or quality of the Project of in the construction budget, tr- Architect/Engineer shall prepare, for approval by the Owner and Construction Manager, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. 2.6.2 The Architect/Engineer shall provide Drawings and Specifications for the Owner's and the Construction Manager's review. 2.6.3 Upon completion of the Construction Documents Phase, the Architect/Engineer shall provide Construction Documents for the Owner's and Construction Manager's approval. Once approved the Architect/Engineer shall provide the Owner two (2) complete signed and sealed sets of construction drawings and the technical specifications saved electronically in Adobe Acrobat file (,pdf) format. Any and all files used to create the technical specifications need to be submitted saved as an Adobe Acrobat file (.pdf) fomat, including but not limited to; technical sections, reports such as, asbestos, geotechnical, soils, paint, and photographs. The Architect/Engineer shall provide an estimate of anticipated costs in accordance with the construction development phase. 2.6.4 The Architect/Engineer shall assist the Owner and Construction Manager in the preparation of the necessary bidding information, bidding forms, the Conditions of Contracts, and the forms of Agreement between the Owner and the Contractors. 2.6.5 The Architect/Engineer-'s construction documents (plans, specifications, ete) will conform to a/l written codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to receive all permits when applied for. If permits are denied, then the Architect/Engineer will conform the construction documents in such manner to receive permits upon such plans. Work required by the Architect/Engineer to conform the documents to federal, state, city, county, or agency specifications to allow them to be approved shall be completed at no charge or cost to the Owner. 27 "' BIDDiNG OR N ON PHJ\SE II Architect/Engineer, with the assistance of the Construction Manager, shall respond to ques from bidders, and shall issue addenda. 2.7.3 The ArchitecUEngineer shall, on behalf of the Owner, file all necessary documents required to secure building permit. Assistance with securing a development approval will be the form of providing schematic drawings. 2.8 CONSTRUCTION PHASE ~ ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.8.1. The Architect/Engineer's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for construction and terminates with the issuance to the Owner of the final Project Certificate for Payment includinc the submission of all project close out documents by the ArchitecUEngineer and Contractor. ~ The Architect/Engineer will administer the Owner/Contractor contract as provided for in that document. The Architect/Engineer agrees to perform a project check prior to the end of the warranty period as a part of the contract. The check shall not exceed one working day unless additional time is approved by the Owner. 2.8.2 The Architect/Engineer shall at all tim'es have access to the Work whenever it is in preparation or progress. 2.8.3 The Architect/Engineer shall, as contemplated herein and in the Construction Contract, but not otherwise, act on behalf, and be the agent, of the Owner throughout construction of the Project. Instructions, directions, and other appropriate communications from the Owner to the Contractor shall be given to the Contractor by the Architect/Engineer or Construction Manager. 2.3.4 Upon receipt, the Architect/Engineer shall carefully review and examine the Contractor's Schedule of Values, together with any supporting documentation or data which the Owner or the Architect/Engineer may require from the Contractor. The purpose of such review and examination shall be to protect the Owner from an unbalanced Schedule of Values which allocates greater value to certain elements of the Work than is indicated by such SUpporting documentation or data, or than is reasonable under the circumstances. If the Schedule of Values were not found to be appropriate, or if the supporting documentation or data is deemed to be inadequate, and unless the Owner directs the Architect/Engineer to the contrary in writing, the Schedule of Values shall be returned to the Contractor fOl- revision of supporting documentation or data. After making such examination, if the Schedule of Values is found to be appropriate as submitted, or if necessary, as revised, the Architect/Engineer shall sign the Schedule of Values thereby indicating its informed belief that the Schedule of Values constitutes a reasonable, balanced basis for payment of the Contract Price to the Conti-actor. The Architect/Engineer shall not approve such Schedule of Values in the absence of such belief unless directed to clo so, in writing, by the Owner. 2.8.6 The Architect/Engineer shall initially approve periodic and final payments owed to th Contractor under the Construction Contract predicated upon inspections of the work and evaluations of the Contractor's rate of progress in light of the remaining contract time and sr issue to the Owner Approvals of Payment in such amounts. By issuing an Approval of Payn to the Owner, the Architect/Engineer reliably informs the Owner that the ArchitecUEngineer t made the inspection of the work required, and that the work For which payment is approved i reached the quantities or percentages of completion sho\Mn, or both, that the quality of the Contractor's work meets or exceeds the requirements of the Construction Contract, and that d Ih t 'CI,'fiO/lc nf the ConC+r'10+';~h r~h+r~~+ .he n"vn~~ ;~ aLl: -t 't ... , un er. e ,erms anD con ..." ,~~, u,~ 110, C.c..o,,,-," '--"-,"l/0vl, l/l IJV I el /0 UI/gd eo 0 (flaKe payment to the Contractor of the amount approved. 2.8.7 The issuance of a Certificate for Payment shall not be a representation that the Architect/Engineer has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work. (2) reviewed construction means, methods, techniques, sequences or procedures. (3) reviewed copies of requisitions received from Subcontractors 3J material suppliers and other data requested by the Owner to substantiate the Contractor's righ to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract SUm. 2.8.8 The Architect/Engineer shall have authority, after notification to the Construction Manager, to reject Work, which does not conform to the Contract Documents. Whenever the Architect/Engineer considers it necessary or advisable for implementation of the intent of the Contract Documents the Architect/Engineer will have authority, upon written authorization from the Owner, to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. 2.8.9 The Architect/Engineer shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect/Engineer's action shall be taken with such reasonable promptness as to cause no delay in the Contractor's Work or in construction by the Owner's own forces, while aI/owing sufficient time in the Architect/Engineer's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractors, all of which remain the responsibility of the Contractors to the extent required by the Contract Documents. The Architect/Engineer's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect/Engineer, of construction means, methods, techniques, sequences, or procedures. The ArchitectJEngineer's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of per'forrnance characteristic of materials, illS or equiprn8lJt is requirecJ by the Contract Documents, the shall be to rely upon such n to establish t th rna \Jvill rneet per-For-mance u by thi? Contract Documents. II take appropriate action Drl submittals wrthin14 ca 8[1;'111 rllc11ntail1 a tra th submittals \Nhich shall inclc! I Ilclrll cj III II red c-'" ~.:> I II Owner's approval a execution in accordance with the Contract Docurnents. Architect/Engineer to take appropriate action within 7 calendar days, 2.8.11 The Architect/Engineer shall promptly provide appropriate interpretations as neceSSi for the proper execution of the work as long as there is no change in Contract price. 2.8.12 The Architect/Engineer shall require inspection or reinspection and testing or retestin the work, to include architectural/engineering, structural, mechanical and electrical engineeri portions of the work, in accordance with the provisions of the Construction Contract whenevE appropriate. 2.8.'13 The f'\rchitect/Engiheer, assisted by the Construction Manager, shall conduct inspectic to determine the dates of Substantial Completion and the date of Final Completion. The Architect/Engineer shall submit to the Owner a list comprised of incomplete and/or unacceptal items required by the Contract Documents to include architectural/engineering, structural, mechanical and electrical engineering portions of the work. The ArchitecUEngineer shall forward to the Construction Manager warranties and similar submittals required by the Contrac Documents which have been received from the Contractor. The ArchitecUEngineer shall issue a final Project Certificate for Payment upon compliance with the requirements of the Contract Documents. 2.8.14 The Architect/Engineer shall interpret and decide matters concerning performance of thE Contractor under the requirements of the Contract Documents upon written request. The Architect/Engineer's response to such requests shall be made with promptness and within seven (7) days of receipt of request. 2.8.15 Interpretations and decisions of the Architect/Engineers shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings and submitted on proper Construction Change Directives. 2.8.16 The Architect/Engineer shall render written decisions within a reasonable time on all claims, disputes or other matters in question between Owner and Contractors relating to the execution or progress of the Work as provided in the Contract Documents. 2.8.17 Duties, responsibilities and limitations of authority of the Architect/Engineer shall not be restricted, modified or extended without written agreement of the Owner and Architect/Engineer. 2.8.18 The Architect/Engineer shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due and (2) as a Basic Service at the Owner's direction from time to time during the correction period described in the Contract for Construction. This advice and consultation shall be limited to verbal comment on actions of the Owner and shall not necessitate filing of records, forms, or revisions to drawings, without additional compensation 2.8,19 The She)ll transmit to the ONrler all rTlanuals, opf;!-ating instructions, Llilt plans, wananties, guarcHltec:;s and documents arid thirlgs uired by the Construction Contract submitted by the Contractor the contract documents. The Architect/Engineer shall not have control over or charge of al omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.8.21 The ArchitecVEngineer shall testify in any judicial proceeding concerning the design construction of the project when requested in writing by the Owner, and the Architect/EnginE shall make available to the Owner any personnel or consultants employed or retained by thE Architect/Engineer for the purpose of reviewing, studying, analyzing or investigating any clail contentions, allegations, or legal actions relating to, or arising out of, the design or constructi of the project. Testimony will be provided as part of the basic services when in defense of claims fot- actions of the Architect/Engineer, unless otherwise prevented by counsel of the Architect/Engineer and which time it would be subject to subpoena_ For other claims against the Owner, the Architect/Engineer will do this under an expert witness with compensation. 2.8.22 The Architect/Engineer shall review any as-built drawings furnished by the Contractor and shall certify to.the Owner that same are adequate and complete_ 2.8.23 The Architect/Engineer shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Architect/Engineer or its consultants, or both. 2.8.24 The ArchitectlEngineermust reimburse the Owner for any added costs paid by the Owner during construction that were incurred as the result of any omission, deficiency, or conflict in the work product of the Architect/Engineer, its cOhsultants, or both. This added expense is defined as the difference in cost from that which the Owner wo uld have paid if the work was included in the bid, and the actual cost presented by the Contractor_ ARTICLE III 3.1 GENERAL 3.1.1 The services described in this Article 11/ are not included in Basic Services. They shall be paid for by the Owner as provided in this agreement as an addition to the compensation paid for the Basic Services but only if approved by the Owner- befol-e commencement. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in subparagraph 28.5 is requil'ed, the ArchitectJEngineer shall provide one or more project rept-esentatives to assist in carTying Clut sLlch additional on~site responsibilities 3.4 OPTIONAL i-\DDITIONAL SERVICES 3.4.1 cl Ilee! cl OI-IrWell III I !lcJ ITlent C) '-' ,\_J I 3.4.4 Providing assistance in the utilization of equipment or systems such as testing, adjl and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.5 Providing planning surveys, site evaluations or comparative studies of prospective 51 3.4.6 Providing special surveys or environmental studies required for approvals of governmental authorities or others having jurisdiction over the project. 3.4.7 Providing service relative to future facilities, systems and equipment 3.4.3 Providing detailed estimates of the construction cost (an item by item enumeration an analysis of all the costs that go to make up the ArchitecUEngineer's final estimate described il paragraph 5.'1). 3.4.9 Making investigations, inventories of materials or equipment, or valuations and detaile< appraisals of existing facilities. 3.4.10 Providing services of consultants for other than architectural/engineering, civil, structure mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.11 Providing any other services not otherwise included in this Agreement Or not customaril' furnished in accordance with gener81/y accepted architectural/engineering practice. - 3.4.12 Providing assistance with public agencies requiring formal review of project and preparation of documents, reports, studies, renderings, models, payment of fees, applications and other material necessary to seek such approval. 3.4.13 Providing representation before public bodies in conjunction with approval of project, upon approval by owner. 3.5 CONTINGENT ADDITIONAL SERVICES 3.5.1 Makin~J revisions in Drawings, Specifications or other documents when such revisions are: a. Inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's pmgram or PI-oject budget; Required by the enactment or- revision of codes, laws or regulations subsequent to the preparation of such documents and not reasonably anticipated; or- Due to required as a result uf O'-^mer's Failure to re cisions In a til1lE;/y rnalHler. b_ c 3.5.2 bu t !lot Jim In Cl!- F)roviding consultation concerning replacement of work damaged by fire or other ca during construction, and furnishing services required in connection with the replacement of work. 3.5.4 Providing services in connection with public hearings. ARTICLE IV OWNER'S RESPONSIBILITIES 4.1 The Owner shall establish and update an overall budget for the Project based on consultation with the Construction Manager and the Architect/Engineer, which shall include if Construction Cost, the Owner's other costs and reasonable contingencies related to all of the: costs. 4.2 The Owner shall designate the Construction Manager to act on the Owner's behalf witt respects to the Project. The Owner or Construction Manager shall render decisions in a timel) manner pertaining to documents submitted by the Architect/Engineer in order to avoid unreasonable delay in the orderly and sequential progress of the Architect/Engineer's services 4.3 The Owner shall furnish surveys describing physical characteristics, legal limitations an utility locations for the site of the Project, and a written legal description of the site. The survey: and legal information shall include, as applicable, grades and lines of streets, alleys, pavements, and adjoining property and structures; adjacent drainage; rights-of-way; restrictions easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths All the information on the survey shall be referenced to a Project benchmark. 4.4 The Owner shall furnish the geotechnical tests when requested by the Architect/Engineer. Such tests may include, but not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials and ground corrosion and resistively tests, including necessary operations for anticipating subs~il conditions, with reports and appropriate professional recommendations. 4.5 The Owner shall furnish aI/legal, accounting and insurance counseling services as may be necessary at any time fOI- the Project, including auditing services the Owner may require to verify the Contractor's Application for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the owner. 4.6 The services, information, surveys and reports shall be furnished at the Ovvllei-'s expense, and the Arch ineer- shall be entitled to rely upon the accuracy and completeF1E;ss thereol. n till () II iV1 to In Pmj ct 01- norl least '/4 days prior to execution, The Owner shall not request certifications that would reqL knowledge or services beyond the scope of this Agreement. 4.9 The Owner shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the ArchitecUEngineer's services and work of the contractors. 4.10 The Owner shall furnish the ,L'l.,rchitectJEngineer copies of written communications. 4.11 The Ovvner's fevimv of any documents prepared by the ArchitecUEngineer or its consultants shall solely for the purpose of determining whether such documents are generall consistent with the Owner's criteria, as and if, modified. No review of such documents shall relieve the ArchitecUEngineer of responsibility for the accuracy, adequacy, fitness, suitability I coordination of its work product. 4.12 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. ARTICLE V CONSTRUCTION COST 5.1 Contemporaneously with the submission of the Design of Construction, the ArchitecUEngineer shall submit to the Owner in writing its final estimate of the contractor's anticipated price for constructing the Project. Once submitted, the final anticipated price estimate shall be adjusted by the Architect/Engineer to reflect any increase or decrease in anticipated price resulting from the change in Design for Construction. 5.2 The Construction Cost shall be the total estimated cost to the Owner of all elements of the project designed or specified by the ArchitecUEngineer. 5.3 The Construction Cost shall include the cost at current mar"ket rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the ArchitecUEngineer, plus a reasonable allowance for the Contractor's overhead and profit. 5.4 Construction cost does not include the compensation of the Architect/Engineer a nd the Architect/Engineer's consultants, the costs of land, rights-of-way, financing or other costs which are the responsibility of the Owner 5.5 The Architect/Engineer agrees that, should the bid for construction of the project exceed it's estimate by ten percent ('10%) or more, it will redesign, redraw and/or rebid, at no additional or expense to the Owner, Lmtil the bids are within the stated limits 6..1 I r,JDEIVl N i F! ,I\TI CJ N D HOLD Hi\FML.E.s.s G II cJi Iy ! II Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the ' Architect/Engineer in any tier, occasioned by the negligence, errors, or other wrongful act 01 omission of the Architect/Engineer in any tier, their employees, or agents. The first ten dol/e ($10.00) of remuneration paid to the Architect/Engineer is for the indemnification provided fe above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Should any claims be asserted against the Owner by virtue of any deficiency or ambiguity in the pians and specifications provided by the Architect/Engineer, the Architect/Engineer agrees and warrants that he shall hold the Owner harmless and shall indemnify him from aI/losses occurring thereby and shaH FLIt-ther defend any claim or action on the Owner's behalf. ARTICLE VII 7.1 PERSONNEL 7.1.1 The Architect/Engineer shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this contract, the parties anticipate that the following named individuals will perform those functions as indicated: NAME Michael B. Inqram Scott C. Maloney Harry D. Keaq/er Peter Oliver Martv Herrin Jen; McKinniss FUNCTION Principal, Sr. Architect Project Liaison, MqrlArcht II Architect 'I Architect Draftsperson Draftsperson NAME Robert Burrows Tara Pesta Boian Miocinovic Maryanne Johnson Lina Robles Karrie Williams FUNCTION Draftsperson Drafts person Draftsperson Adm_ Assist. Adm. Assist. Bus. Dev.Mqr. So long as the individuals named above remain actively employed or retained by the Architect/Engineer, they shall perform the functions indicated next to their names. ARTICLE VlII 3.1 PAYMENTS 8.1.1 For its assumption and perFormances of the duties, obligations and responsibilities set forth herein, the Architect/Engineer shall be paid monthly, in accordance with the following schedule: (A) The Architectural/Engineering fee shall be based on the following criteria: 1. 2. 3. Schematic Design Design Development Phase Construction Documents Phase or Negotiation Phase 15 percent 30 percent 30 per"cent rJ 4 r ~) nil A acJjustrnent will be made when construction is complete. (8) For the performance of the optional additional services and contingent adcJi1 services described in Article III of this contract, provided same are first authorized it writing by the Owner, the ArchitecUEngineer shall be paid hourly at the rates identifi Exhibit B, or as negotiated. (C) If the Architect/Engineer's duties, obligations and responsibilities are materia changed through no fault of the Architect/Engineer after execution of this contract, romr.ensatinn ril'a to tha !'>rrohl.torot/En"ir.aer "'ha'l he ~qu;f~h/" ~~JJ'u~fed e:fh-- UPW"~ v , /'-' ' U'-' I '-4 1'-" l .......... f \......f L........VU ::::ill Ie., 0 I I 1J G IlQLJJY aU..::Jl , It It:n a downward. (0) As a condition precedent for any payment due under this contract, the Archite Engineer shall submit monthly, unless otherwise agreed in writing by the Owner, an invoice to the Owner requesting payment for services properly rendered and l-eimbursable expenses due hereunder. The Architect/Engineer's invoice shall descril: with reasonable particularly the service rendered. The Architect/Engineer's invoice sh be accompanied by such documentation or data in support of expenses for which payment is sought that the Owner may require. 8.2 REIMBURSABLE EXPENSES 8.2.1 Reimbursable expenses include expenses incurred by the Architect/Engineer in the interest of the project: a. Expense of transportation submitted by Architect/Engineer, in writing, and living expenses in connection with out-of-county travel authorized by the Owner, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Fees paid for securing approval of authorities having jurisdiction over the project; c. Reproductions as requested only by the Owner (beyond 8 signed and sealed full size sets, plus one full size reproducible set, and one 11 x 17 reproducible set); d. Postage and handling of Drawings and Specifications; e. Renderings and Models requested by the Owner. ARTICLE IX 9.1 APPLICABLE LAW 9,1,'1 This contract is gOlJemecJ by the laws of the State of Flu ;1 U I this contl"act must be in Monroe County, VenUE? tor Iitigcltion t: LiM 1\1 DESI ~.}l i-', f\. r\J 10.1 The Drawings, Specifications and other documents prepared by the ArchitecUEngil for this project are instruments of fheArchitecUEngineer's service for use solely with respe this project, and the Architect/Engineer shall be deemed the author of these documents an shall retain all common law, statutory and other reserved rights, including reproducible COpl of the Architect/Engineer's Drawings, Specifications and other documents shall not be usee the Owner or others on other projects, or for completion of this project by others, unless the Architect/Engineer is adjudged to be in default under this Agreement, except by agreement writing and with appropriate compensation to the ArchitecUEngineer. 10.1.2 Submission or distribution of documents to meet official regulatory requirements or fc similar purposes in connection with the project is not to be construed as publication in derogation of the Architect/Engineer's reserved rights. 10.1.3 The As-Built drawings and specifications may be furnished by the contractor to the Owner in electronic format in addition to the original As-Built documents. 10.1.4 The Owner may utilize the construction documents, As-Built documents, etc_ as requirE for reference on any necessary future work on the site. ARTICLE XI 11.1 SUCCESSORS AND ASSIGNS 11.1.1 The Architect/Engineer shalf not assign its right hereunder, accepting its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the Owner. Subject to the provisions of the immediately preceding representatives to the other and to the successors, assigns and legal representatives of such other party. ARTICLE XII 12.1 NO THIRD PARTY BENEFICIARIES 12.1,1 Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. ARTICLE XIII 13.1 INSURANCE ARTICLE XIV TERMINATION 14.1 Either party hereto may terminate this contract upon giving seven (7) days written r to the other in the event that such other party substantially fails to p~rform its mat~rial_ obligations set ~~rth herein_ Termin.ation expenses include a!! expenses tIll date of term:nat:on and any additiOnal serVices reqUired in order to : performance of services, subject to audit for verification. "14.'1."' Monroe County's pel-formance and obligation to pay under this contract is continger upon an annual appropriation by the Board of County Commissioners and the approval of th Board members at the time of contract initiation and its duration_ ARTICLE XV ENTIRE AGREEMENT 15.1 This contract consists of the form of agreement (Articles I-XVI), the exhibits that are attached and made a part of the contract, and the documents referred to in the form of agreement as a part of this contract In the event any conflict between any of those contract documents, the one imposing the greater burden on the ArchitecUEngineer will control. 15.2 A person or affiliate who has been place on the convicted vendor list following a conviction for public entity crime may not submit a bid on contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 0 the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list ARTICLE XVI Added Requirements 16.1 The following items are part of this contract a) Arch ineer- shall maintain all books, reco and c10curnents directly pertinent to performance undel- this Agreement in accordance with generally accepted accounting principles consistently applied Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each par-ty to this ent fOI- p recorcls purposes durinq the tE::rm of the reernent rlei ur- yea rs followi ternllllatiOll this reement. If n employee! by ih or ClEnk cJetc::ITn that Il~J ei- pimiuiHlt to this ent ITl 0 n mon contracts made and to be performed entirely in the State. In the event that any cause of or administrative proceeding is instituted for the enforcement or interpretation of this Agree the County and Architect/Engineer agree that venue will/ie in the appropriate court or befol appropriate administrative body in Monroe County, Florida. The Parties waive their right~ trial by jury. The County and Architect/Engineer agree that, in the event of conti interpretations of the terms or a term of this Agreement by or between any of them the I shall be submitted to mediation prior to the institution of any other administrative or proceeding. ) S \/~rabill't\1 If any term r-r-':Je'-.-:H-.f ,...,...,....,ri;t;,...,~ or ~~~'v;,...;,...,... -"' ~'-' A c e e II J' I J t..........,.., \.....1\.....1 Jle.tlll., vVII~f IVII ~IU lvlUl, u, udS ,greernen the application thereof to any circumstance or person) shall be declared invalid unenforceabie to any extent by a court of competent jurisdiction, the (emaining ter covenants, conditions and provisions of this Agreement, shall not be affected thereby; and e remaining term, covenant, condition and provision of this Agreement shall be valid and shall enforceable to the fullest extent permitted by law unless the enforcement of the remair terms, covenants, conditions and provisions of this Agreement would prevent accomplishment of the original intent of this Agreement. The County and ArchitecUEngin, agree to reform the Agreement to replace any stricken provision with a valid provision tl comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Architect/Engineer agree that in t, event any cause of action or administrative proceeding is initiated or defended by any pal relative to the enforcement or interpretation of this Agreement, the prevailing party shall ! entitled to reasonable attorney's fees, court costs, investigative, and out-ot-pocket expenses, c an award against the non-prevailing party, and shall include attorney?s fees, courts cost investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedinc initiated and conducted pursuant to this Agreement shall be in accordance with the Florid Rules of Civil Procedure and usual and customary procedures required by the circuit court ( Monroe County. e) Binding Effect. The terms, covenants, conditions, and provIsIons of thi~ Agreement shall bind and inure to the benefit of the County and Architect/Engineer and thei respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other thEll the execution, delivery and per-forrnance of this Agreement have been duly authorized by 2111 ary County and carpOl-ate action, as requir-ed by law. g) Claims for Federal or State Aid. ArchitectJEngineel- and County agree that each shall be, and is, empowel-ed to apply for, seek, and obtain federal and state fUhds to further- the pur-pose of this Agreement; provided that all applications, requests, ~Jrant proposals, and funding solicitatiorls shall be approved by each party prior to submission a ments County and Al-chitect/En(]ineer to resolved by meet ;::me! con If no l-e50lutiOl1 carl ag (1 011 Issue CH h II ciiscus not 11 I I t It I I I'l! I"eement, County and Owner agree to participate, to the extent required by the other pa all proceedings, hear-ings, processes, meetings, and other activities related to the substar this Agreement or provision of the services under this Agreement. County and C specifically agree that no party to this Agreement shall be required to enter into any arbitr proceedings related to thiS Agreement. j) Nondiscrimination. Architect/Engineer and Owner agree that there will bE discrimination against any person, and it is expressly understood that upon a determination court of competent jurisdiction that discrimination has occurred, this Agreement automati( terminates without any further action on the part of any party, effective the date of the c order. Architect/Engineer or Owner agree to comply with all Federal and Florida statutes, ail local ordinances, as applicable, relating to nondiscrimination. These include but are limited to: 1) Title VI of the Civil Rights Act of 1964 (PL B8~352) which prohibits discriminal on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, amended (20 USC ss. 1681-'1683, and 1685~1686), which prohibits discrimination on the ba of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 use s. 794), wh prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) T Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse ar Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amende relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 use ss. 690dd-3 and 290ee-3), as amended, re/atin to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act c 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental 0 financing of housing; 9) The Americans with Disabilities Act of 1990(42 USC s. 1201 Note), a~ maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to thE parties to, or the subject matter of, this Agreement; 11) Monroe County COde Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, farnilial status or age. k) Covenant of No Interest. Architect/Engineer and Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreen18nt, and that only interest of each is to perform and receive benefits as recited in this Agreement I) Code of Ethics County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual t-elationship; and disclosure or use of eel-tain infol-mation. I\Jo Sol yment The Areh neeI' and Owner \tvanant tl1eJt in If, it has noither ernployed Ilor l-Ejtained any conlp nyor- person, other- than ;:1 1J~)r]'3 fell' it, to solicit or secur-e this 1l1E:nt and that it ha not iel 1_ fll , illel 01- finn, 1- 11 ift, n) Public Access. The Architect/Engineer and Owner shall aI/ow and J reasonable access to, and inspectionaf, all documents, papers, letters or other materials possession or under its control subject to the provisions of Chapter 119, Florida Statute::: made or received by the Architect/Engineer and Owner in conjunction with this Agreemeni the Architect/Engineer shall have the right to unilatet-ally cancel this Agreement upon via/ati this provision by Owner. 0) Non-Waiver of Immunity_ Notwithstanding he provisions of Sec. 286.28, Fie Statutes, the participation of the Architect/Engineer and the Owner in this Agreement ana acquisition of any commercial liability insurance coverage, self-insurance coverage, ar I government liability insurance pool coverage shall not be deemed a waiver of immunity to extent of liability coverage, nor shall any contract entered into by the County be require< contain any provision for waiver. p) Privileges and Immunities. All of the privileges and immunities from /iabij exemptions from laws, ordinances, and rules and pensions and relief, disability, workE compensation, and other benefits which apply to the activity of officers, agents, or employees any public agents or employees of the County, when performing their respective functions une this Agreement within the territorial limits of the County shall apply to the same degree a extent to the performance of such functions and duties of such officers, agents, volunteers, employees outside the territoria/limits of the County. q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional ( Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving an participating entity from any obligation or responsibility imposed upon the entity by law excet: to the extent of actual and timely performance thereof by any participating entity, in which cas, the performance may be offered in satisfaction of the obligation or responsibility. Further, thi: Agreement is not intended to, nor shall it be construed as, authorizing the delegation of thE constitutional or statutory duties of the County, except to the extent permitted by the Florid;:: constitution, state statute, and case law. r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the Architect/Engineer and the Owner agree that neither the Architect/Engineer nor the Owner or any agent, officer, or employee of either shall have the author-ity to inform, counsel, or otherwise indicate that any particular- individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. s) Attestations. ArchitecUEngineer agrees to execute such rllE;nts Owner may reasonably req to include a F:Jublic Entity Crime Stc'1tement, an Statenlent, alld a Workplace Staterllent. t) CICC;(JlilecJ to b County ill hi nly II ~jo I Liability CClV(:;llclnt or No coven nt Il Il s II fJ of !\;10lll-0 MOllroe illty lit I' ,i constitute one and the same instrument and any of the parties hereto may executE Agreement by singing any such counterpart. v) Section Headings. Section headings have been inserted in this Agreement matter of convenience of reference only, and it is agreed that such section headings are I part of this Agreement and will not be used in the interpretation of any provision of Agreement. w) Prior to the execution of this agreement, the ARCHITECT/ENGINEER shall furnish the O\/JNER Certificates of Insurance indicating the following coverages or in excess thereof: Workers's Compensation in the amount of statutory limits; Employers Liability is $100,000 pel occurrence, $500,000 per property damage, $100,000 per person; General Liability (Premise~ Operations, Products and Completed Operations, Blanket Contractual Liability, Personal Injur Liability, Expanded Definition of Property Damage) with $500,000 per Person, $1,000,000 per Occurrence, $100,000 Property Damage or $1,000,000 Combined Single Limit; Vehicle Liabi/i should extend a liability for owned, non-owned and hired vehicles with coverage of $50,000 pE person; $100,000 per Occurrence, $25,000 Property Damage or $100,000 Combined Single Limit; Architects Errors & Omissions with $1,000,000 per Occurrence/$3,000,000 Aggregate; Engineers & Omissions with $1,000,000 per Occurrence/$3,000,000 Aggregate. SWORN STATeMENT UNDER ORDINj.,\NCE 1"\10. 10~1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE rrants that he/it has not employed, retained or otherwise had on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. '10-1990 or any County officer or employee in violation of Section 3 of Ordinance NO.1 0- 1990. For beach or violation of this provision the County may, in its discretion, deduct from tr contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the fonner County officer or employee. i J 1. ii, )!AM(~1i0 j>()(~i~IAL C) (Signature) " 1/ Date: ~// <1:/ z; ( G '~ S TATE 0 F~)\)0':"U'i'~)_____ COUNTY O-F___'\~\ e~,}-;~~,,________ ~/ J tj'L/\L/. to (or affirmed) before me on_=__J__L_(~__Jciate) by I, J allle of affiant). He/She i per'sonally known to rne. ~---~-' My cornrnissiorl expires IN WITNESS WHEREOF, each patty has CaUsed this Agreement to be executed by its du authorized representative this /9"0. u _ day 01--2227____ _______ BOARD OF COUNTY COMM'SSIONE OF MONROE COUNTY, FLORIDA BY:~~1 .( ~~ Mayor;\thairman Date: S-/9-0Y Date: 0-/9' -os! (Seal) Attest: By;!J;UrVt/?IZ< / &/ItVt/ulrPvJ __ , /' - /! C, 1/ ARC7CT/ENG~.NE_~>~ 4 BY:_/Ut.GlC~7-l/) ~mt!L.' ,--,' l/ Title- EXl-IIB IT A State Fee Curves (2 Pages) ." [. ." Q J;J , TI r.", "PT 'TJ "'" XJ :-::t :::r. "T1 =::J " jl I " l.... -= '. . J "T'I -rr ::;;r ;;;C ~ .:::z::1 :::-::J z:J:: .-+ -'T1 :'-:J t:::! :::t:J' i:> II i~,. ;: J I " .iI 7T. t "7. ,:J ~ I r11 ' , F r I ,-' .}I>. en I i i;I J.J Ci e. "I G::i I;;Ji4;.iJ ...:t ~;J"J. [A/f' ~""'-"--r-.-..-I-=.g,=,~. .:.::., .'.~: ..~,:..i;l?5ti:-' ~=.- - - '._'~-_~M>~'~,,~~ _~~ ~ --:-'~- , F :.......-: . J , ,-., f ;-~ , .~' A I.... I ." I' I. ..,( I j I '" I ,I::;> 'f ..L~ . I . , r I" n_ r?' ,,- 1/ r !OF. -r. I I ' I (,J ! I I .^'.-.''.. f. T. -~~7"'. ~~-f__-.---.._ T.~ . -: - . ,'", ,! , . . ~. . ~ T <;-,.-. T J , , I I I" f. -I' f'T II elf '. ; . . I I , ,. '"i~ 'I I" . . . . "'-. - . ,". 0", _'. '...'.'-..'...'."...--'.....'...:... . '. .,:'. . '. ' . ...." :::'"-~ . - > :.: ",.' ". ", -. ..' . : .' ,- -. ..". ' " : . . ," d' '" .. _. ., ." .'. "", ..".".. ,- -'.. .. -,. ,_. .0 . .' , ." . . ~ . - . , -;-" "T. I' r .-- ~"f , . ,T j; -.r j. , ...::: "- =-,c: "- 'D (J . 'I I, -;" f f : , , ; ,/ ", I ITT , i' . .. ; I . . -- , I t. , .'C .-- : go .. /" . .. e :'1:: :3: r- ('~ :J Cl :z: <n -w r... Q == _~ Co EXHIBIT B Fixed HOLlrly Rates i'l :-! LJ [ :: I I jO rnb j k'2 fT',] AR;::;jI~fCTUR[ ch;:'Jel Inigr'cJm CJ ~":) ;~::~ ,~] ;~: c:'-! 1 f; c? ~~(JMr?(JE (;Otff8liWi ~ifi5@~gdJCf1l(Jft/ !1MNtlG IiiIfi MAY t;-7fiU\ IIllJii'fM"". " ~~>,C:5:Ii -"","mf1\! - ~3 RATES as of January 2004: Principal, Architect / $150.DO/hour Architect 11 $12D.DO/hour Draftsman J $ 95. DO/hour Draftsman II $ 55_DO/hour Administrative Services $ 55. DO/hour I"'f []4 . 1 rYl tJ i 1(2 rr) AJi:~fI+EC1UHI:. [': Blue Prints Copies Mileage License Fees Mailing/Shipping Parking gf-" rn I CJ .s c! ;:J c:;? 1 E:-; L? ReiMBURSAi9Les: Photographic documentation Printing Consultant Fees 2.50 .25 .3S/miIe cost cost cost cost cost cost + 10% M@M~ U;@nV~11 Ultlil MAY f ?MZ ~ JNSUf~ANC~:: PRODUCEI, THIS IS AS A OF iNFORMATlm ONLY AND CONFERS NO r';;IGHTS UPON THE CERTIFICA TE H~LDE~. THIS CERTIFICATE DOES NOT AMEND, EXTEND OF AL fER rHE COVERAGE AFFORDED BY THE POLICiES BELO' Talbot Insurance A::Jency 38109 Euclid Avenue Willoughby OR 44094 Phone:440-942-2152 Fax:440-942-2204 INSURERS AFFORDING COVERAGE NAIC # INSURED K2M Designi Inc. Harry Keag er 408 West St. Clair, Cleveland OH 44113 INSURER A: CNA Insurance ~._.._---~"~"~~----"-~-,-~-,~-_._,~--"--_._- INSURER B: S ta te Au to Insurance INSURER C: eS'513 Suite 230 --~~-~-- ~- ---- ---~---- INSURER 0: INSURER E; COVERAGES THE POLICIES OF INSURANCE liSTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEO'ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CO~ITRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Tf\JSK ----"-'~.-"-_.---.,----,------,----- ----".-"',.--,~,---- L TR NSR TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY POLICY EFFECTIVE" DATE MM/DDIYY) LIMITS X Business Owners BOP2202233 08/08/03 08/08/04 EACH OCCURRENCE $ 1 , 000 , 0 tJf\MAGc J U RE1'TTEIT"~-"~ ~- PRErv1ISESif'.".."~~."':.".':''''''L_ ~~92~QQQ ~ED~P (Any on~on) $ 5 J 0 0 O~_ PERSONAL & ADV INJURY :;; 1 , 00 0 ,_Q GENERAL $~ OOO~_ F'~~-=-COMP/OP!,:~~ $ 1, OOO~I B x COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR x LOC AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON.OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $l,OOO,OC BODIL Y INJURY (Per person) $ B B BOP2202233 BOP2202233 08/08/03 08/08/03 08/08/04 08/08/04 BODILY INJURY (Per accident) $ ~~~'---"-~-- OCCUR ClAlrvlS MADE PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY I\LlTO AUTO ONL Y , EA ACCIDENT _._-------~,~,~---,--~,-_.- OTHER THAN AUTO ONL y. EA ACC EXCESS/UMBRELLA LIABILITY AGG EACH OCCURRENCE $ $ $ $ ,;GGREGATE DEDUCTIBLE RETENTION WORI\ERS COMPENSATION ,\ND EMPLOYERS' LIABILITY BOP2202233 3 08/08/04 EL B If yes, describe under SP EC IAL PROVISIONS below OTHER EL DISEASE" EA EMPLOYEE' EL. DISEASE" POLICY LIMIT _~J:L_O 0 (),{Qgg_ $ 000 000 A Archi teet I s Prof.. Errors & Omissions SF'A254018762 04/13/05 Oecurrenc / Architect J s ProFessional Errors Archi tee t's of fice - consul ting ADDED BY & Omissions I Liability ERTIFIC,i\TE HOLDER CANCELLATiON (I f\~ ITl b i 1'< 2 m ARC HIT E C T U R E 604 WHITEHEAD STREET KEY WEST, FLORIDA 33040 r~~ LETTER OF TRANSMITTAL J TO: Chery/Ingraham DATE: 6/15/04 FROM: Michael Ingram RE: Insurance Forms FAX: 295-4321 ENC: ACORD Certificate Ohio Workers' Compensation Dear Cheryl, Forthcoming are copies of the insurance information that was sent directly to the Risk Management Department via the United states Postal Service. We have decided that it may be more timely to fax you the information as well. The ACORD Certificate of Liability Insurance shows our liability coverage, references Worker's Compensation (see below) and Errors and Omissions. Please note that there me no company cars owned by MBI/K2M. You will a/so see a certificare from the Bureau of Workers' Compensation from the state of Ohio. Per a conversotion that one of our Directors (Harry Keagler) had with the Risk Management Deportment, we were told that the Ohio Certificote will meet the needs of this Corrrroct We did ottempt to obtain Florida WOI-kers' Compensotion os well, but \Nere told by the state that MBI/K2M did not hove enough employees working in Florida to meetrhe minimum required to provide coveroge. If you hove any questions, please contact our offices at 305-294-4011 or 305--292-7722. Iv\ichoel ;\/\ ;\ J .,irci.",""""'~:I;;';"=::'_~:':r:"':;=''01~<o:,'''''=.o.==''"""l'''''':o..."""",",,,w.''''''''=''";====7!"UO=,~",~"'V2""''''t'=,~:.'''-.tl"",1==,",,,,=- S..Rl$'rJ:~,rl"'\l''''''''' 0''''. }i.w,m. ffO'f" II" -'.J' O' . " J!;"""- ce' \. ". .... . ,-, , "tr. ~. " ~, . ' ',' " lPU.JREAU Of;' '~VORKERS' CO.~iPEE~lSATHION COLUMBUS, OHIO 43215-2256 CERTIFICATE OF PREMIUM PAYMENT This certifies that the employer listed below has paid into the State Insurance Fu required by lavv. Therefore, the employer is entitled to the rights and benefits fund for the period specified. For more information call1-800-0HIOBWC. THIS CERTIFICATE MUST BE CONSPICUOUSLY POSTED. POLICY NO. AND EMPLOYER PERIOD SPECIFIED BELOW 1372880 K2M S 408 W SAINT CLAI CLEVELAND "QH 230 www.ohiobwc.com 9A=T~ THIS CERTIFICATE MAY BE REPRODUCED AS NEEDED It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Heguirel11ents, be waived or modified on the foJJowing contract. k'2M Pft5IGM~~ _YI~JNUI~& A ll_ S:~'llO~L f - ~------ (-Od. Wi[11-r, I} r: A i\ /'-rn {'J..:-r +-_ Address of ConIractof ~ -\" ,~~ 1 \'Vt'\V ~ I't-'\VIU 1 _"_ _ .;;J _. 1([(, \,Q ~ ~ l' ! ff."O ~I P A ? 70 trL______ ~f~$-":t 7J II WDf(k- lNC LIJOf2s GoNS-rVJCtlON fetJ]~T5 hW- AI f- ~~f0\llee-} .to~ PI?-{)~1?if[~_ \HJ~~ ~ $; 1.0 M ( L-{,A oN,-- Hilllg~ f",,)~r _;run L{ e",~I~ee,'} r=- c . WrKr" C rr-L"":) noT Q_JJu I Q b Ie- 1{.r ~ &fJ f WbJ\''tlot-.l ~ Contractor: ,j J" Contract for: ~ Phone: '-1- Scope of Work: Reaso n for Waiver: /- PoJicies Waiver will apply to: x Signature of Contractor: Risk Ivlanagement Date County Administra tor appeal: Date: 1996 Edilion MO:NROE COUNTY, JTjJ)RIDA Request For Waiver of Insurance Requirements ,:----- ..~. i~ Appr~d ---J~ \~----}Not Approved _~_____ _~::!5_L/e:://~&:::..-ttcl~<c> ___~_~______ ~~ai~l':'~l~Z___ ___ ---- Approved: Not Approved: Board of County Cmnmissioners appeal Not Approved: Meeting Dille fnstructicil ii471J9 ] ApprDved 10,1