Backup Documents 09/11-12/2012 Item #16D1016D10
MEMORANDUM
Date: September 19, 2012
To: Diana De Leon, Contract Technician
Purchasing Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Contract #12 -5923 "Eagle Lakes Community /Fitness Design
Services"
Contractor: Victor J. Latavish Architect, P.A.
Attached, is an original copy of the contract referenced above, (Item #16D10)
approved by the Board of County Commissioners on Tuesday, September 11, 2012.
The second original contract will be held on file with the Minutes and Record's
Department in the Board's Official Records.
If you have any questions, please contact me at 252 -8411.
Thank you.
Attachment
r
Memorandum
Purchasing Department artment
3327 Tamiami Trail East
Naples, Florida 34112
Telephone: (239) 252-8941
FAX: (239) 252 -6700
Email: RhondaCummings acolliergov.net
www.colliergov. neUpu rchasing
Subject: Contract #12 -5923 "Eagle Lakes Community /Fitness Design Services"
Date: September 11, 2012
From: Diana DeLeon for Rhonda Cummings, FCCN, CPPB, Procurement Strategist
To: Ray Carter, Manager Risk Finance
This Contract was approved by the Board of County Commissioners on September 11, 2012 agenda
item 16.D.10.
The County is in the process of executing this contract with Victor J. Latavish Architect, PA.
Please review the Insurance Certificate(s) for the referenced Contract.
• If the insurance is not in order please contact the vendor /insurance company to obtain a proper
certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the
County Attorney's office via the attached Request for Legal Services.
• If the insurance is in order please acknowledge your approval and send to the County Attorney's office via
the attached Request for Legal Services.
If you have anZqus, please contact me at the ove fe ed information.
Insuran Ap
Manager isk Finance Signature Da (e
DATE RECEIVED
SEP 12 2012
RISK M11 MCEMENT
(Please route to County Attorney via attached Request for Legal Services)
V\� V
G /Acq uisitions/ AgentFormsandLetters /RiskMgmtReviewofl nsu ra nce4/1 5/2010/16/09
16D10
Contract #12 -5923
Eagle Lakes Community /Fitness Design Services
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this L[f:�L day of .,,62
20 k-J,, by and between the Board of County Commissioners for Collier County,
Florida, a political subdivision of the State of Florida (hereinafter referred to as the
"COUNTY" or "OWNER ") and Victor J. Latavish Architect, PA authorized to do
business in the State of Florida, whose business address is 4100 Corporate Square,
Suite 100, Naples, FL 34104 (hereinafter referred to as the "CONSULTANT').
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Architectural
Consulting services of the CONSULTANT concerning Eagle Lakes
Community /Fitness Design Services (hereinafter referred to as the "Project "),
said services being more fully described in Schedule A, "Scope of Services ",
which is attached hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of
those services; and
WHEREAS, the CONSULTANT represents that it has expertise in the type
of professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and
provisions contained herein, the parties hereto agree as follows:
ARTICLE ONE
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CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Architectural
Consulting services in all phases of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set
forth in the Scope of Services described in detail in Schedule A. The total
compensation to be paid CONSULTANT by the OWNER for all Basic Services is
set forth in Article Five and Schedule B, "Basis of Compensation ", which is
attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of
this Agreement all such licenses as are required to do business in the State of
Florida and in Collier County, Florida, including, but not limited to, all licenses
required by the respective state boards and other governmental agencies
responsible for regulating and licensing the professional services to be provided
and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided
hereunder relate to a professional service which, under Florida Statutes, requires
a license, certificate of authorization or other form of legal entitlement to practice
such services, it shall employ and /or retain only qualified personnel to provide
such services to OWNER.
1.5. CONSULTANT designates Victor J. Latavish, AIA, a qualified licensed
professional to serve as the CONSULTANT'S project coordinator (hereinafter
referred to as the "Project Coordinator "). The Project Coordinator is authorized
and responsible to act on behalf of the CONSULTANT with respect to directing,
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coordinating and administering all aspects of the services to be provided and
performed under this Agreement. Further, the Project Coordinator has full
authority to bind and obligate the CONSULTANT on all matters arising out of or
relating to this Agreement. The CONSULTANT agrees that the Project
Coordinator shall devote whatever time is required to satisfactorily manage the
services to be provided and performed by the CONSULTANT hereunder. The
Project Coordinator shall not be removed by CONSULTANT from the Project
without OWNER'S prior written approval, and if so removed must be immediately
replaced with a person acceptable to OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a
written request from Owner to promptly remove and replace the Project
Coordinator, or any other personnel employed or retained by the CONSULTANT,
or any subconsultants or subcontractors or any personnel of any such
subconsultants or subcontractors engaged by the CONSULTANT to provide and
perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be
immediately replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the
type of professional services that will be performed pursuant to this Agreement
and has extensive experience with projects similar to the Project required
hereunder. The CONSULTANT agrees that all services to be provided by
CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S
review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance
with all applicable laws, statutes, including the Local Government Prompt
Payment Act (218.735 and 218.76 F.S.) as amended in the 2010 legislative
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session, ordinances, codes, rules, regulations and requirements of any
governmental agencies, including the Florida Building Code where applicable,
which regulate or have jurisdiction over the Project or the services to be provided
and performed by CONSULTANT hereunder. In the event of any conflicts in
these requirements, the CONSULTANT shall notify the OWNER of such conflict
and utilize its best professional judgment to advise OWNER regarding resolution
of each such conflict. OWNER'S approval of the design documents in no way
relieves CONSULTANT of its obligation to deliver complete and accurate
documents necessary for successful construction of the Project.
1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced
(task) amount for the following: Tasks not completed within the expressed time
frame, including required deliverables, incomplete and /or deficient documents,
failure to comply with local, state and /or federal requirements and /or codes and
ordinances applicable to Consultant's performance of the work as related to the
project. This list is not deemed to be all- inclusive, and the County reserves the
right to make sole determination regarding deductions. After notification of
deficiency, if the Consultant fails to correct the deficiency within the specified
timeframe, these funds would be forfeited by the Consultant. The County may
also deduct or charge the Consultant for services and /or items necessary to
correct the deficiencies directly related to the Consultant's non - performance
whether or not the County obtained substitute performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third
person, firm or organization, without OWNER'S prior written consent, or unless
incident to the proper performance of the CONSULTANT'S obligations hereunder,
or in the course of judicial or legislative proceedings where such information has
been properly subpoenaed, any non - public information concerning the services to
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be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of
its employees, agents, subconsultants and subcontractors to comply with the
provisions of this paragraph. CONSULTANT shall provide OWNER prompt
written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific
geographic area must be submitted in an AutoCad Digital Exchange File (DXF)
format on a CD or DVD, drawn in the Florida State Plane East (US Feet)
Coordinate System (NAD 83/90). The drawings should either reference specific
established Survey Monumentation, such as Certified Section Corners (Half or
Quarter Sections are also acceptable), or when implemented, derived from the
RTK(Real -Time Kinematic) GPS Network as provided by OWNER. Information
layers shall have common naming conventions (i.e. right -of -way - ROW,
centerlines - CL, edge -of- pavement - EOP, etc), and adhere to industry standard
CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through a Change Order to this Agreement,
CONSULTANT shall furnish or obtain from others Additional Services of the types
listed in Article Two herein. The agreed upon scope, compensation and schedule
for Additional Services shall be set forth in the Amendment authorizing those
Additional Services. With respect to the individuals with authority to authorize
Additional Services under this Agreement, such authority will be as established in
OWNER'S Purchasing Policy and Administrative Procedures in effect at the time
such services are authorized. These services will be paid for by OWNER as
indicated in Article Five and Schedule B. Except in an emergency endangering
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life or property, any Additional Services must be approved in writing via an
Amendment to this Agreement prior to starting such services. OWNER will not be
responsible for the costs of Additional Services commenced without such express
prior written approval. Failure to obtain such prior written approval for Additional
Services will be deemed: (i) a waiver of any claim by CONSULTANT for such
Additional Services and (ii) an admission by CONSULTANT that such Work is not
additional but rather a part of the Basic Services required of CONSULTANT
hereunder. If OWNER determines that a change in the Agreement is required
because of the action taken by CONSULTANT in response to an emergency, an
Amendment shall be issued to document the consequences of the changes or
variations, provided that CONSULTANT has delivered written notice to OWNER
of the emergency within forty -eight (48) hours from when CONSULTANT knew or
should have known of its occurrence. Failure to provide the forty -eight (48) hour
written notice noted above, waives CONSULTANT'S right it otherwise may have
had to seek an adjustment to its compensation or time of performance under this
Agreement. The following services, if not otherwise specified in Schedule A as
part of Basic Services, shall be Additional Services:
2.1. Preparation of applications and supporting documents (except those already
to be furnished under this Agreement) for private or governmental grants, loans,
bond issues or advances in connection with the Project.
2.2. Services resulting from significant changes in the general scope, extent or
character of the Project or its design including, but not limited to, changes in size,
complexity, OWNER'S schedule or character of construction; and revising
studies, reports, design documents or Contract Documents previously accepted
by OWNER when such revisions are required by changes in laws, rules,
regulations, ordinances, codes or orders enacted subsequent to and not
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reasonably anticipated prior to the preparation of such studies, reports or
documents, or are due to any other causes beyond CONSULTANT'S control and
fault.
2.3 Providing renderings or models for OWNER'S use.
2.4 Investigations and studies involving detailed consideration of operations,
maintenance and overhead expenses; the preparation of feasibility studies, cash
flow and economic evaluations, rate schedules and appraisals; and evaluating
processes available for licensing and assisting OWNER in obtaining such process
licensing.
2.5. Furnishing services of independent professional associates and consultants
for other than the Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of
CONSULTANT and directed by OWNER, other than visits to the Project site or
OWNER's office.
2.7 Preparation of operating, maintenance and staffing manuals, except as
otherwise provided for herein.
2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in
any litigation, or other legal or administrative proceeding, involving the Project
(except for assistance in consultations which are included as part of the Basic
Services to be provided herein).
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2.9 Additional services rendered by CONSULTANT in connection with the Project,
not otherwise provided for in this Agreement or not customarily furnished in
Collier County as part of the Basic Services in accordance with generally
accepted professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as
OWNER'S representative with respect to the services to be rendered under this
Agreement (hereinafter referred to as the "Project Manager "). The Project
Manager shall have authority to transmit instructions, receive information,
interpret and define OWNER'S policies and decisions with respect to
CONSULTANT'S services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the
CONSULTANT that would have the effect, or be interpreted to have the effect, of
modifying or changing in any way whatever:
(a) The scope of services to be provided and performed by the
CONSULTANT hereunder;
(b) The time the CONSULTANT is obligated to commence and
complete all such services; or
(c) The amount of compensation the OWNER is obligated or
committed to pay the CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests
submitted by the CONSULTANT for payment for services and
work provided and performed in accordance with this
Agreement;
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(b) Provide all criteria and information requested by CONSULTANT
as to OWNER's requirements for the Project, including design
objectives and constraints, space, capacity and performance
requirements, flexibility and expandability, and any budgetary
limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by
placing at CONSULTANT'S disposal all available information in
the OWNER'S possession pertinent to the Project, including
existing drawings, specifications, shop drawings, product
literature, previous reports and any other data relative to the
Project;
(d) Arrange for access to and make all provisions for CONSULTANT
to enter the Project site to perform the services to be provided by
CONSULTANT under this Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects
discovered by the OWNER with respect to the services to be
rendered by CONSULTANT hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent
to the execution of this Agreement upon written Notice to Proceed from OWNER
for all or any designated portion of the Project and shall be performed and
completed in accordance with the Project Milestone Schedule attached hereto
and made a part hereof as Schedule C. Time is of the essence with respect to
the performance of this Agreement.
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4.2. Should CONSULTANT be obstructed or delayed in the prosecution or
completion of its services as a result of unforeseeable causes beyond the control
of CONSULTANT, and not due to its own fault or neglect, including but not
restricted to acts of nature or of public enemy, acts of government or of the
OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock -outs,
then CONSULTANT shall notify OWNER in writing within five (5) working days
after commencement of such delay, stating the specific cause or causes thereof,
or be deemed to have waived any right which CONSULTANT may have had to
request a time extension for that specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of CONSULTANT'S services from any cause
whatsoever, including those for which OWNER may be responsible in whole or in
part, shall relieve CONSULTANT of its duty to perform or give rise to any right to
damages or additional compensation from OWNER. CONSULTANT'S sole
remedy against OWNER will be the right to seek an extension of time to its
schedule provided, however, the granting of any such time extension shall not be
a condition precedent to the aforementioned "No Damage For Delay" provision.
This paragraph shall expressly apply to claims for early completion, as well as
claims based on late completion. Provided, however, if through no fault or
neglect of CONSULTANT, the services to be provided hereunder have been
delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be
equitably adjusted, with respect to those services that have not yet been
performed, to reflect the incremental increase in costs experienced by
CONSULTANT, if any, as a result of such delays.
4.4 Should the CONSULTANT fail to commence, provide, perform or
complete any of the services to be provided hereunder in a timely manner, in
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addition to any other rights or remedies available to the OWNER hereunder, the
OWNER at its sole discretion and option may withhold any and all payments due
and owing to the CONSULTANT until such time as the CONSULTANT resumes
performance of its obligations hereunder in such a manner so as to reasonably
establish to the OWNER's satisfaction that the CONSULTANT'S performance is
or will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to
continue performing Work under this Agreement or any payment issued by
OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER
may have against CONSULTANT for delay or any other damages hereunder.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the
OWNER for services rendered hereunder by CONSULTANT shall be as
prescribed in Schedule B, entitled "Basis of Compensation ", which is attached
hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by
OWNER, CONSULTANT shall deliver to OWNER copies or originals of all
records, documents, drawings, notes, tracings, plans, Auto CADD files,
specifications, maps, evaluations, reports and other technical data, other than
working papers, prepared or developed by or for CONSULTANT under this
Agreement ( "Project Documents "). OWNER shall specify whether the originals or
copies of such Project Documents are to be delivered by CONSULTANT.
CONSULTANT shall be solely responsible for all costs associated with delivering
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to OWNER the Project Documents. CONSULTANT, at its own expense, may
retain copies of the Project Documents for its files and internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without
requiring OWNER to pay any additional compensation, CONSULTANT hereby
grants to OWNER a nonexclusive, irrevocable license in all of the Project
Documents for OWNER'S use on this Project. CONSULTANT warrants to
OWNER that it has full right and authority to grant this license to OWNER.
Further, CONSULTANT consents to OWNER'S use of the Project Documents to
complete the Project following CONSULTANT'S termination for any reason or to
perform additions to or remodeling, replacement or renovations of the Project.
CONSULTANT also acknowledges OWNER may be making Project Documents
available for review and information to various third parties and hereby consents
to such use by OWNER.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation
which concern or reflect its services hereunder. The records and documentation
will be retained by CONSULTANT for a minimum of five (5) years from (a) the
date of termination of this Agreement or (b) the date the Project is completed,
whichever is later, or such later date as may be required by law. OWNER, or any
duly authorized agents or representatives of OWNER, shall, free of charge, have
the right to audit, inspect and copy all such records and documentation as often
as they deem necessary during the period of this Agreement and during the five
(5) year period noted above, or such later date as may be required by law;
provided, however, such activity shall be conducted only during normal business
hours.
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ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall
indemnify and hold harmless OWNER, its officers and employees from any and
all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of CONSULTANT or anyone
employed or utilized by the CONSULTANT in the performance of this Agreement.
This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph 8.1.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance
under the Contract Documents, insurance of the types and in the amounts set
forth in SCHEDULE D to this Agreement.
9.2 All insurance shall be from responsible companies duly authorized to do
business in the State of Florida.
9.3 All insurance policies required by this Agreement shall include the following
provisions and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile
policy, Professional Liability policy, and the Workers
Compensation policy, provided by CONSULTANT to meet
the requirements of this Agreement shall name Collier
County Government, Collier County, Florida, as an
additional insured as to the operations of CONSULTANT
under this Agreement and shall contain a severability of
interests provisions.
9.3.2. Companies issuing the insurance policy or policies shall
have no recourse against OWNER for payment of
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premiums or assessments for any deductibles which all are
at the sole responsibility and risk of CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary
to any insurance or self - insurance program carried by
OWNER applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by
CONSULTANT shall not apply to any insurance or self -
insurance program carried by OWNER applicable to this
Project.
9.3.4. The Certificates of Insurance must read: For any and all
work performed on behalf of Collier County, or
reference this contract number.
9.3.5. All insurance policies shall be fully performable in Collier
County, Florida, and shall be construed in accordance with
the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights
against each other for damages covered by insurance to the extent
insurance proceeds are paid and received by OWNER, except such rights
as they may have to the proceeds of such insurance held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance
policies required hereunder must meet the following minimum
requirements:
9.5.1. The insurance company must be duly licensed and
authorized by the Department of Insurance of the State of
Florida to transact the appropriate insurance business in
the State of Florida.
9.5.2. The insurance company must have a current A. M. Best
financial rating of "Class VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by
CONSULTANT'S own staff, unless otherwise authorized in writing by the
OWNER. The employment of, contract with, or use of the services of any other
person or firm by CONSULTANT, as independent consultant or otherwise, shall
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be subject to the prior written approval of the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between
the OWNER and any such other person or firm. Nor shall anything in this
Agreement be deemed to give any such party or any third party any claim or right
of action against the OWNER beyond such as may then otherwise exist without
regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT
intends to assign to the Project to perform the Services required hereunder. Such
personnel shall be committed to this Project in accordance with the percentages
noted in Schedule F. CONSULTANT also has identified each subconsultant and
subcontractor it intends to utilize on the Project in Schedule F. All personnel,
subconsultants and subcontractors identified in Schedule F shall not be removed
or replaced without OWNER'S prior written consent.
10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants
or subcontractors. By appropriate written agreement, the CONSULTANT shall
require each subconsultant or subcontractor, to the extent of the Services to be
performed by the subconsultant or subcontractor, to be bound to the
CONSULTANT by the terms of this Agreement, and to assume toward the
CONSULTANT all the obligations and responsibilities which the CONSULTANT,
by this Agreement, assumes toward the OWNER. Each subconsultant or
subcontract agreement shall preserve and protect the rights of the OWNER under
this Agreement with respect to the Services to be performed by the subconsultant
or subcontractor so that the subconsulting or subcontracting thereof will not
prejudice such rights. Where appropriate, the CONSULTANT shall require each
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subconsultant or subcontractor to enter into similar agreements with its sub
-
subconsultants or sub - subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party
beneficiary of each contract entered into between CONSULTANT and each
subconsultant or subcontractor, however nothing in this Agreement shall be
construed to create any contractual relationship between OWNER and any
subconsultant or subcontractor. Further, all such contracts shall provide that, at
Owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver
of any and all claims, except for insurance company subrogation claims, by it
against OWNER arising out of this Agreement or otherwise related to the Project,
and except those previously made in writing in accordance with the terms of this
Agreement and identified by CONSULTANT as unsettled at the time of the final
payment. Neither the acceptance of CONSULTANT'S services nor payment by
OWNER shall be deemed to be a waiver of any of OWNER'S rights against
CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement
and such default will be considered cause for OWNER to terminate this
Agreement, in whole or in part, as further set forth in this section, for any of the
following reasons: (a) CONSULTANT'S failure to begin services under the
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Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timely perform the services to be
provided hereunder or as directed by OWNER, or (c) the bankruptcy or
insolvency or a general assignment for the benefit of creditors by CONSULTANT
or by any of CONSULTANT'S principals, officers or directors, or (d)
CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes
of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so
terminate this Agreement, in whole or in part, by giving the CONSULTANT seven
(7) calendar days written notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph
12.1 above, it is determined for any reason that CONSULTANT was not in
default, or that its default was excusable, or that OWNER otherwise was not
entitled to the remedy against CONSULTANT provided for in paragraph 12.1,
then the notice of termination given pursuant to paragraph 12.1 shall be deemed
to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against OWNER shall be the same as and be limited
to those afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in
part, without cause upon seven (7) calendar days written notice to
CONSULTANT. In the event of such termination for convenience,
CONSULTANT'S recovery against OWNER shall be limited to that portion of the
fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable
to the termination, but CONSULTANT shall not be entitled to any other or further
recovery against OWNER, including, but not limited to, anticipated fees or profits
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on work not required to be performed. CONSULTANT must mitigate all such
costs to the greatest extent reasonably possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall
deliver to the OWNER all original papers, records, documents, drawings, models,
and other material set forth and described in this Agreement, including those
described in Section 6, that are in CONSULTANT'S possession or under its
control.
12.5. The OWNER shall have the power to suspend all or any portions of the
services to be provided by CONSULTANT hereunder upon giving CONSULTANT
two (2) calendar days prior written notice of such suspension. If all or any portion
of the services to be rendered hereunder are so suspended, the CONSULTANT'S
sole and exclusive remedy shall be to seek an extension of time to its schedule in
accordance with the procedures set forth in Article Four herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to
CONSULTANT within forty -five (45) days after such payment is due or such other
time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise
persistently fails to fulfill some material obligation owed by OWNER to
CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from
CONSULTANT, then CONSULTANT may stop its performance under this
Agreement until such default is cured, after giving OWNER a second fourteen
(14) days written notice of CONSULTANT's intention to stop performance under
the Agreement. If the Services are so stopped for a period of one hundred and
twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons
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performing portions of the Services under contract with the CONSULTANT, the
CONSULTANT may terminate this Agreement by giving written notice to OWNER
of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure
its default within fourteen (14) days after receipt of CONSULTANT'S written
notice, CONSULTANT may, upon fourteen (14) additional days' written notice to
the OWNER, terminate the Agreement and recover from the Owner payment for
Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other
damages from Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained
any company or person, other than a bona fide employee working solely for
CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has
not paid or agreed to pay any person, company, corporation, individual or firm,
other than a bona fide employee working solely for CONSULTANT, any fee,
commission, percentage, gift or any other consideration contingent upon or
resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes,
the CONSULTANT agrees to execute the required Truth -In- Negotiation
Certificate, attached hereto and incorporated herein as Schedule E, certifying that
wage rates and other factual unit costs supporting the compensation for
CONSULTANT'S services to be provided under this Agreement are accurate,
complete and current at the time of the Agreement. The CONSULTANT agrees
that the original Agreement price and any additions thereto shall be adjusted to
exclude any significant sums by which the OWNER determines the Agreement
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price was increased due to inaccurate, incomplete, or non - current wage rates and
other factual unit costs. All such adjustments shall be made within one (1) year
following the end of this Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire
no interest, either direct or indirect, which would conflict in any manner with the
performance of services required hereunder. CONSULTANT further represents
that no persons having any such interest shall be employed to perform those
services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon
either party unless in writing and executed by the party or parties intended to be
bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand,
by fax, or by United States Postal Service Department, first class mail service,
postage prepaid, addressed to the following OWNER'S address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department
3327 Tamiami Trail East
Naples, FL. 34112
Attention: Joanne Markeiwicz, Interim Purchasing /General Services Director
Fax: 239 - 732 -0844
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16.2. All notices required or made pursuant to this Agreement to be given by the
OWNER to the CONSULTANT shall be made in writing and shall be delivered by
hand, by fax or by the United States Postal Service Department, first class mail
service, postage prepaid, addressed to the following CONSULTANT'S address of
record:
Victor J. Latavish Architect, PA
4100 Corporate Square, Suite 100, Naples, FL 34104
Telephone: (239) 643 -1665
Attn: Victor J. Latavish, AIA, President
16.3. Either party may change its address of record by written notice to the other
party given in accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of
OWNER and assume towards OWNER a duty of the highest trust, confidence,
and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of
any terms thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in
part, by CONSULTANT without the prior written consent.of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall
not be deemed to be a waiver of any other breach and shall not be construed to
be a modification of the terms of this Agreement.
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17.5. The headings of the Articles, Schedules, Parts and Attachments as
contained in this Agreement are for the purpose of convenience only and shall not
be deemed to expand, limit or change the provisions in such Articles, Schedules,
Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments
hereto, constitutes the entire agreement between the parties hereto and shall
supersede, replace and nullify any and all prior agreements or understandings,
written or oral, relating to the matter set forth herein, and any such prior
agreements or understanding shall have no force or effect whatever on this
Agreement.
17.7 Unless otherwise expressly noted herein, all representations and
covenants of the parties shall survive the expiration or termination of this
Agreement.
17.8 This Agreement may be simultaneously executed in several counterparts,
each of which shall be an original and all of which shall constitute but one and the
same instrument.
17.9 The terms and conditions of the following Schedules attached hereto are
by this reference incorporated herein:
Schedule A
SCOPE OF SERVICES
Schedule B
BASIS OF COMPENSATION
Schedule C
PROJECT MILESTONE SCHEDULE
Schedule D
INSURANCE COVERAGE
Schedule E
TRUTH IN NEGOTIATION CERTIFICATE
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Schedule F KEY PERSONNEL, SUBCONSULTANTS AND
SUBCONTRACTORS
RFP # 12 -5923 Eagle Lakes Community /Fitness Design Services,
Addenda and Terms and conditions
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the
State of Florida, and by such laws, rules and regulations of the United States as
made applicable to services funded by the United States government. Any suit or
action brought by either party to this Agreement against the other party relating to
or arising out of this Agreement must be brought in the appropriate federal or
state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT /PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained
any company or person, other than a bona fide employee working solely for
CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has
not paid or agreed to pay any person, company, corporation, individual or firm,
other than a bona fide employee working solely for CONSULTANT, any fee,
commission, percentage, gift or any other consideration contingent upon or
resulting from the award or making of this Agreement. At the time this Agreement
is executed, CONSULTANT shall sign and deliver to OWNER the Truth -In-
Negotiation Certificate identified in Article 13 and attached hereto and made a
part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to
exclude any sums by which OWNER determines the compensation was
increased due to inaccurate, incomplete, or noncurrent wage rates and other
factual unit costs.
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19.2 By its execution of this Agreement, CONSULTANT acknowledges that it
has been informed by OWNER of and is in compliance with the terms of Section
287.133(2)(a) of the Florida Statutes which read as follows:
"A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public
entity crime may not submit a bid, proposal, or reply on a
contract to provide any goods or services to a public
entity; may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair
of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a 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 s. 287.017 for CATEGORY TWO for a
period of 36 months following the date of being placed on
the convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of CONSULTANT with full decision - making authority
and by OWNER'S staff person who would make the presentation of any
settlement reached during negotiations to OWNER for approval. Failing
resolution, and prior to the commencement of depositions in any litigation
between the parties arising out of this Agreement, the parties shall attempt to
resolve the dispute through Mediation before an agreed -upon Circuit Court
Mediator certified by the State of Florida. The mediation shall be attended by
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representatives of CONSULTANT with full decision - making authority and by
OWNER'S staff person who would make the presentation of any settlement
reached at mediation to OWNER'S board for approval. Should either party fail to
submit to mediation as required hereunder, the other party may obtain a court
order requiring mediation under section 44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the
other party relating to or arising out of this Agreement must be brought in the
appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is
formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of
1986 as located at 8 U.S.C. 1324, et seg. and regulations relating thereto, as
either may be amended. Failure by the CONSULTANT to comply with the laws
referenced herein shall constitute a breach of this agreement and the County
shall have the discretion to unilaterally terminate this agreement immediately.
* * * * * * * * * * * * * **
Remainder of page intentionally left blank.
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IN WITNESS WHEREOF, the parties hereto have executed this Professional
Services Agreement for 12 -5923 Eagle Lakes Community /Fit ess Design
Services the day and year first written above.
ATTEST BOARD OF COUNTY
COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Dwight .Brock, C!e k
B
Dater
hest as to C4t(Vft b;
j I9A41 a 04 94,.
Approved as to form and
Ie ufficienc ; - �__
Scott Teach
Deputy County Attorney
e 4.4 i s
Witness
Elizabeth Diaz, Office Manager
Typed Name and Title
Witness
Lynell Owens, Notary
Typed Name and Title
By: _..
Fred W. Coyle, Cha air i n
Victor J. Latavish, President
Typed Name and Title
26
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12 -5923 Eagle Lakes Community /Fitness Design Services
SCHEDULE A
SCOPE OF SERVICES
The Consultant will design an 8,000- 10,000 square foot building(s) that will be used as a
community and fitness center. A future pool expansion site is to be adjacent to the
proposed building(s). The project will require all necessary permits (Federal, State,
South Florida Water Management District, County SDPA and building permits). The
design will incorporate all utilities, site development and parking.
The one story structure of approximately 8,000 to 10,000 square feet building area, with
accessible entrance route, parking, site lighting, landscaping, irrigation, and facilities
including but not limited to the following spaces:
• Fitness Center
• Men and Women Locker Rooms
• Men and Women Restrooms with Showers
• Office near main Entrance
• Multipurpose Community Center with folding partition
• Community Center Storage
• Community Center Restrooms
• Catering Kitchen
• Janitor
• HVAC Equipment
• Electrical equipment
• IT Equipment Room
• Area Designated for Future Swimming Pool
• Area Designated for Future Outdoor Equipment
• Area Designated for Future Restrooms, Showers and Lockers
27
Task 1. Preliminary Design
• Pre - Design Meeting with County Staff
• Design Program
• Preliminary Site Plan
• Preliminary Floor Plan & Elevations
• Occupant Load Calculations
• Plumbing Load Calculations
• Powerpoint and Printed Presentations
• Preliminary Budget Estimate
• Design Progress Meetings (2)
• Presentation Meetings (2)
• Design Review Revisions
Task 2. (2) Geotechnical Engineering
Task 3.
• Soil Borings (3) for Building
• Auger Tests (2) for Parking
• Collier County Permits
• Geotechnical Report
Contract Documents
• Architectural Design
• Building Floor Plan
• Code Compliance Review
• NFPA Life Safety Plan
• Exterior Elevations
• Interior Elevations
• Finish Schedules
• Color Selections
• Reflected Ceiling Plan
• Roof Plan
• Building Sections
• Wall Sections and Details
• Accessory Schedules
• Door and Window Schedules
• Casework Details
• Accessibility Details
• UL Fire Rated Assembly Details
• Collier County Fire Assembly Details
• Collier County Vertical Standards
• Design Development Review
• Final Document Review and Report
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• Structural Engineering
• Foundation Plan and Schedules
• Roof Framing Plan and Schedules
• Load Calculations
• Wind Load Diagrams
• Structural Sections and Details
• Flagpole Foundation Permit Detail
• Dumpster Enclosure Permit Details
• HVAC Engineering
• Energy Calculations
• HVAC Plan
• HVAC Equipment Schedules
• HVAC Details
• Plumbing Engineering
• Plumbing Plan
• Equipment Schedules
• Domestic Water Riser Diagrams
• Sanitary Riser Diagrams
• Fire Protection Engineering
• Fire Protection Plan
• Riser Diagram and Schedules
• Coordinate ENFD Flow Test
• 61G15 Permit Criteria
• Electrical Engineering
• Site Lighting Plan
• Coordination with Landscaping
• Electrical Floor Plan
• Lighting Plan
• Systems Plan for CCTV, Card Readers, IT
• Load Calculations
• Riser Diagrams
• Panel Schedules
• Fixture Schedules
• Lightning Protection
• Technical Specifications
• General and Supplementary Conditions
• AIA Masterspec /CSI Format Specifications
• Permit Approval Appendix
• Product Approval Appendix
• Geotechnical Report Appendix
Task4 Site Design, Civil Engineering, and Permit Phase Services
• Predesign Services
• Review Available As -Built Documents
• Prepare Preliminary Site Plan
• SDPA Preapplication Meeting
• FDEP Preapplication Meeting
• Survey
• Prepare Survey of extent of Work Area /SDPA Application
• Site Planning
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• Preliminary Site Design O
• Coordinate Architectural, Civil, Site Lighting, and Landscape Desi D 1
• Design Review Meeting with County Staff
• Design Review Revisions
Civil Engineering
• Prepare Site Engineering Plan
• Presubmittal Review and Revisions
• Prepare and submit SDPA Application
• Traffic Impact Statement (TIS)
• Site Clearing Plan
• Site Development Plan
• Site Utilities Plan
• Schedules and Details
• Prepare and submit FDEP Permits
• ERP Water Management Permit Modification
• Water Management Calculations
• Engineers Report and Responses
• FDEP Water and Sewer Permits
• SDPA Architectural Review
• Prepare administrative deviation application
• LDC Architectural Elevations and color samples
• Landscape Design
• Permit and Bid Documents
• Landscape Plan
• Base Bid and Alternate Bid Schedules
• Irrigation Plan and Schedules
• Coordination with Site Lighting
• Construction Closeout Certification
• Collier County Pre - Construction Meeting
• Site Engineering Permit Closeout Services
• Record Drawings based on Contractors As -Built Survey
• Permit Closeout Engineers Certification
• Building Permit Application Documents
• Simultaneous SDP Review Application Meeting
• Prepare and submit Collier County Building Permit Application
• Prepare and submit Certified Checklist
• Prepare and submit Sealed Application Letter
• Submit Florida Product Certificates for Roof, Windows, Doors, Louvers
• Respond to Permit Review Comments and RFI
Task 5. Bid Phase Services
• Issue completed documents after approval of permits
• Prepare Base Bid and Alternate Bid Schedule
• Attend Prebid Meeting
• Respond to Online Q &A up to twice weekly
• Prepare Addenda
• Review Bids and Alternates
• Attend Bid Review
30
Task 6. Construction Administration 16010
General Construction Administration
• Preconstruction Meeting (1)
• Review Contractors Construction Schedule
• Review Schedule of Values
• Prepare Submittal and Shop Drawing Schedule
• Review Contractors Submittal and Shop Drawings
• Review Contractors Monthly Payment Certificates (8)
• Review Proposed Change Orders
• Respond to Contractors Requests for Information
• Review Contractors Closeout Documents
• Update Record Plans with Contractors Revisions
• Onsite A/E Construction Administration Services
• Observe Work Progress and Prepare Field Reports weekly (28 total)
• Attend OAC Meetings onsite twice monthly (14 total)
• Substantial Completion Meeting and Punch list Review (1)
• Final Completion Meeting (1) and Punch list Review (2)
Task 7. Reimbursable Expenses:
• Copies
• Plotting Materials
• Postage
• Courier and Shipping
Task 8. Additional Services provided on a Time and Materials as- needed basis, when
requested by County
• Additional Field Reports /Meetings weekly (28 trips)
• Threshold Inspectors Documents
• Prepare and submit Threshold Inspection Plan
• Prepare and submit Owner /Engineer Contract
• Submit Structural Inspectors Qualifications
• Threshold Inspectors Services
• Observe Structural Work onsite (12 trips total)
• Prepare Certified Inspection Reports (12 reports total)
• Prepare Closeout Documents required by Building Official
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SCHEDULE B
BASIS OF COMPENSATION
LUMP SUM AND TIME AND MATERIALS
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice a progress report reflecting the Project design and construction status, in
terms of the total work effort estimated to be required for the completion of the Basic Services
and any then - authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage complete
of each item.
B1.1.1 All monthly status reports and invoices shall be mailed to the attention of Tony
Ruberto, Senior Project Manager, 3335 Tamiami Trail East, Naples, FL 34112.
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the lump
sum payments for Tasks 1 — 6 and Time and Material for Tasks 7 - 8 to CONSULTANT in
accordance with the terms stated below. Payments will be made in accordance with the
following Schedule; however, the payment of any particular line item noted below shall not be
due until all services associated with any such line item have been completed to OWNER'S
reasonable satisfaction.
TASK
LUMP SUM FEE FOR:
FEE
PAYMENT SCHEDULE
1.
Preliminary Design
$ 29,480.00
Monthly Upon Percent Complete of
Task
2.
Geotechnical Report
$ 3,100.00
Monthly Upon Percent Complete of
Task
3.
Construction Documents
$ 66,860.00
Monthly Upon Percent Complete of
Task
4.
Site Design and Permits
$ 68,890.00
Monthly Upon Percent Complete of
Task
5.
Bidding Phase
$ 3,400.00
Monthly Upon Percent Complete of
Task
6.
Construction Administration
$ 32,920.00
Monthly Upon Percent Complete of
Task
TASK
TIME AND MATERIALS
Not to Exceed
7.
Reimbursable Expenses
$ 3,350.00
As work progresses
TOTAL
Basic Services - Lump sum and
$208,000.00
Time and Materials
8.
Additional Services
Not to Exceed
As requested by County
$ 16,120.00
TOTAL FEE (Total Items 1- 8)
Not to Exceed
$224.120.00
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B.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of Two Hundred Four
Thousand Six Hundred Fifty Dollars ($204,650.00) and Time and Material for Reimbursable
Expenses, Three Thousand Three Hundred and Fifty Dollars ($3,350.00) to be paid to
CONSULTANT for the performance of the Basic Services. Other fees include Additional
Services based on Time and Material shall be, Sixteen Thousand One Hundred Twenty
Dollars ($16,120.00) to be paid to CONSULTANT for the performance of County directed
Additional Services.
B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER
agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based
on the services to be provided and as set forth in the Amendment authorizing such
Additional Services. The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services
without OWNER'S prior written approval.
B.2.4. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed
under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out -of- pocket expenses incurred in the performance of all such
services.
B.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one invoice
per month for all fees earned that month for both Basic Services and Additional Services.
Invoices shall be reasonably substantiated, identify the services rendered and must be
submitted in triplicate in a form and manner required by Owner. Additionally, the number
of the purchase order granting approval for such services shall appear on all invoices.
B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non - payment under the legal doctrine of "laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
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shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and Project name and shall not be submitted more than one time monthly.
B.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
B.3.4 Unless specific rates have been established in Attachment 1, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
B.3.4.1 Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without
mark -up by the CONSULTANT, and shall consist only of the following items:
B.3.4.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and
Specifications.
B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by OWNER.
Such expenses, if approved by OWNER, may include coach airfare,
standard accommodations and meals, all in accordance with section
112.061, F.S. Further, such expenses, if approved by OWNER, may
include mileage for trips that are from /to destinations outside of Collier
or Lee Counties. Such trips within Collier and Lee Counties are
expressly excluded.
B.3.4.1.3. Permit Fees required by the Project.
B.3.4.1.4 Expense of overtime work requiring higher than regular rates approved
in advance and in writing by OWNER.
B.3.4.1.5 Expense of models for the County's use.
B.3.4.1.6 Other items on request and approved in writing by the OWNER.
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SCHEDULE B
CONSULTANT'S HOURLY RATE SCHEDULE
Principal Architect
$185.00
Senior Architect
$160.00
Structural Engineer
$150.00
Mechanical Engineer
$150.00
Electrical Engineer
$150.00
Geotechnical Engineer
$150.00
Civil Engineer
$150.00
Landscape Architect
$125.00
Senior AutoCAD Drafter
$100.00
Estimator
$ 85.00
Field Administrator
$110.00
Clerical
$ 55.00
END OF SCHEDULE B
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SCHEDULE C
PROJECT MILESTONE SCHEDULE
Project time to begin after issuance of Notice to Proceed
Tasks 1 — 4 Design /Permit Phases
Review /Contingency
Tasks 5 Bidding Phase
Contracts
Review /Contingency
Tasks 6 — 8 Construction Administration
Closeout Documents /Punch list
210 days
60 days
30 days
30 days
30 days
210 days
30 days
Total estimated time from Notice to Proceed is 600 days
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16010
SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements
or their equivalents. If CONSULTANT has any self - insured retentions or deductibles under any
of the below listed minimum required coverages, CONSULTANT must identify on the Certificate
of Insurance the nature and amount of such self- insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self - insured retentions or
deductibles will be CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the services until the date of completion and acceptance of the Project by the OWNER or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the
OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages
and limits required hereunder. In addition, certified, true and exact copies of all insurance
polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
certificates shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until at least thirty (30) days prior written notice has been given to
the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty -four (24)
hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in
coverages or limits received by CONSULTANT from its insurer, and nothing contained herein
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shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in
the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or
self insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not constitute
approval or agreement by the OWNER that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and maintain, until
the completion of the subconsultant's services, insurance of the types and to the limits specified
in this Section except to the extent such insurance requirements for the subconsultant are
expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand,
OWNER has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall
be under no obligation to purchase such insurance, nor shall it be responsible for the coverages
purchased or the insurance company or companies used. The decision of the OWNER to
purchase such insurance coverages shall in no way be construed to be a waiver of any of its
rights under the Agreement.
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1601E
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of
the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a
material breach by CONSULTANT and OWNER may terminate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? X Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one, if applicable)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
X $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER and the
policy shall be so endorsed.
37
16010
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
Applicable X Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
Applicable X Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? X Yes No
(1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance
by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the
following:
General Aggregate $300,000
Products /Completed Operations Aggregate $300,000
Personal and Advertising Injury $300,000
Each Occurrence $300,000
Fire Damage $ 50,000
General Aggregate $500,000
Products /Completed Operations Aggregate $500,000
Personal and Advertising Injury $500,000
Each Occurrence $500,000
Fire Damage $ 50,000
38
16D10
X General Aggregate $1,000,000
Products /Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage $ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects
away from premises owned by or rented to you." Applicable deductibles or self - insured
retentions shall be the sole responsibility of CONSULTANT. Deductibles or self- insured
retentions carried by the CONSULTANT shall be subject to the approval of the Risk
Management Director or his /her designee.
(3) The OWNER, Collier County Government, shall be named as an Additional Insured
and the policy shall be endorsed that such coverage shall be primary to any similar coverage
carried by the OWNER.
claims.
(4) Coverage shall be included for explosion, collapse or underground property damage
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Applicable X Not Applicable
(7) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Applicable X Not Applicable
39
16D10
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? X Yes No
(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less
than:
X Bodily Injury & Property Damage - $ 500,000
Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? X Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the performance of professional services under this
40
16010
Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under
this insurance. Such insurance shall have limits of not less than:
$ 500,000 each claim and in the aggregate
X $1,000,000 each claim and in the aggregate
$2,000,000 each claim and in the aggregate
$5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(3) The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to OWNER of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty -
four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material
change in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20 %) reduction in the aggregate limit of any policy, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
41
VALUABLE PAPERS INSURANCE
16010
(1) In the sole discretion of the County, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
PROJECT PROFESSIONAL LIABILITY
(1) If OWNER notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and
OWNER'S insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT'S professional
liability policy. If no credit is available from CONSULTANT'S current professional policy
underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next
renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent
professional liability policies that renew during the term of the project policy). CONSULTANT
agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for
the provision of project- specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self - insured retention and the risk of uninsured or underinsured
consultants.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
C. Current deductibles /self- insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
42
16D10
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
43
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
16D10
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Victor J. Latavish Architect, PA hereby certifies that wages, rates and other factual
unit costs supporting the compensation for the services of the CONSULTANT to be provided
under the Professional Services Agreement, concerning 12 -5923 Eagle Lakes
Community /Fitness Design Services are accurate, complete and current as of the time of
contracting.
Victor J. Latavish Architect, PA
BY:
TITLE: President
DATE: August 30, 2012
44
SCHEDULE
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
Victor J. Latavish Architect, P.A. —
Liebl & Barrow Engineering, Inc. -
Burgess, Brant, Consulting Engineers -
S.R. Stafford Engineering, Inc. -
Universal Engineering Sciences -
Q. Grady Minor & Associates, PA -
JRL Design Studios, LLC -
45
Architect
100%
Structural Engineer
80%
Mechanical Engineer
80%
Electrical Engineer
80%
Geotechnical Engineer
5%
Civil Engineer
80%
Landscape Architect
80%
16010
CERTIFICATE OF LIABILITY INSURANCE
ATE
D ( /Y
no /nA]'7n4 9
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER Phone (360) 598 -3700 Fax: (360) 598 -3703
CONTACT MICHAEL J. HALL & COMPANY
MICHAEL J. HALL & COMPANY
NAME.
ARCHITECTS & ENGINEERS PROFESSIONAL INSURANCE PROGRAM, IN
PHONE (360) 598 -3700 IF�x (360) 598 -3703
E-M N. Ea" A, " °)
19660 10TH AVENUE N.E.
E -MAIL
ADDRESS
POULSBO WA 98370
INSURER(S) AFFORDING COVERAGE NAIC #
S
INSURER Lloyd's Of London
PERSONAL & ADV INJURY
INSURED
GENERAL AGGREGATE
Victor J Latavish, Architect
INSURER B
PRODUCTS - COMP /OP AGG
4100 Corporate Sq Ste 100
PRO -
POLICY '..... JECT LOC
Naples, FL 34104 -4703
INSURER C
C011181NED SINGLE LIMIT
iEa acadentj
INSURER D'
ANY AUTO
BODILY INJURY (Per person)
INSURER E
ALL OWNED SCHEDULED
INSURER F
COVERAGES CERTIFICATE NUMBER: 167709 RFVIQIl1AI All IMOCC.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADD L. SUBS. POLICY EFF POLICY EXP
LTR `NVD NUMBER
INSR ....POLICY
(MWDWYYYY) (MMIDDIYYYY)
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
5
COMMERCIAL GENERAL LIABILITY
DAMAGE to RENTED
PREMISES IEa ocairence)
S
CLAIMS -MADE OCCUR
MED. EXP Any one person)
S
PERSONAL & ADV INJURY
S
GENERAL AGGREGATE
S
GEN'L AGGREGATE LIMIT APPLIES PER
PRODUCTS - COMP /OP AGG
$
PRO -
POLICY '..... JECT LOC
5
AUTOMOBILE LIABILITY
C011181NED SINGLE LIMIT
iEa acadentj
$
ANY AUTO
BODILY INJURY (Per person)
$
ALL OWNED SCHEDULED
AUTOS AUTOS
BODILY INJURY (Per accident)
S
HIRED AUTOS '.NON -OWNED
PROPERTY DAMAGE
$
.....:AUTOS
(per accaenh
S
UMBRELLA LAB OCCUR
EACH OCCURRENCE
5
EXCESS LAB CLAIMS -MADE
AGGREGATE
S
DED RETENTION S
S
WORKERS COMPENSATION
WC STATU- OTH
AND EMPLOYERS' LIABILITY
TORY LIMITS ER
S
ANY PROPRIETOR /PARTNERIEXECUTIVE YIN.
E L. EACH ACCIDENT
$
OFFICER/MEMBER EXCLUDED?
N/A
(Mandatory in NH)
E.L. DISEASE -EA EMPLOYEE
$
If y- cl S ,Ibe under
DESCRIPTION OF OPERATIONS —ow
E . DISEASE - POLICY LIMIT
S
A Professional Liability Claims Made Form HLA0021/012 04/18/12 04118/13
$1,000,000 per claim
$1,000,000 aggregate
DESCRIPTION OF OPERATIONS i LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks
Schedule, if more space is required)
Contract #12 -5923 - Eagle Lakes Community /Fitness Design Services
CERTIFICATE HOLDER CANCELLATION
The Board of County Commissioners
of Collier County
3301 E Tamiami Trail
Naples, FL 34112
Attention:
ACORD 25 (2010/05)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
1 rte r,wr%u name ana logo are registered marks of ACORD
Geoff Bollert
N. All rights
16010
Oerfift2 a of Insurance
yr This certifies that Sta#e Farm F1te and Casualty Company, aruemirmwn. lllinols
State Farm General Insurance Company, 8a*,4ngton, nww*
State Farm Fig and Casualty Company, Auras, Ontario
sarRane� x State Farm Florida Insurance Company, Winner Haven, Florida
State i^arm Lloyds, oauers, Texas
insures the I011avring policyholder for the c*verages indicated Wov
Policyholder . Vktor J Latawiah Architect, PA
Address of policyholder 4100 Corporate Sq Ste 100, Narples, FL - PWAM"1W
Lecaton of operations same as above
Description of opera#ions Archftct
The policies listed below have been issuer) to the policyholder for the policy periods shewm The insurance described fn these policies is
subject to all the terms, exclusions, and conditions of those policies_ The limits of liability shown may have t em reduced by any paid claims,
Policy Number ype of Insurance
i8- J9�53�i2 -6B pr�ehensNe
ness liabilityrod .9 - Completed
ontractual Liability
ersonal injury
dvertising Injury
17r3B I[@ ilmbmlk
17 Other
and Employers Liability
Number Type of lnsumncs
Date ' Exoratlion Date
112 111?J4043
02!11
Weedve Gate 1 Eapir dort late
tat Inning Of p011a'y parlod)
1 r3 ='+cTK atrn.A+e ur~ IMIJIVANGE r: NOT A CONTRACT OF INSURANCE AND NEITHER AF R—MI TiYE'LY
NMENDS, EXTENDS OR ALTERS IM COVERAGE APPROVED BY ANY POLICY MCRIBED HEREIN.
Name and Address of Certification Holder
Idiftnal Insumd:
1E BOARD OF COUNTY COMMISSIONERS OF COLLIER
NTRACT 12 -5923
kGLE LAKES COiMMUNITYfFITNESS DESIGN SERVICES
101 E TAMIAM9 TRAIL
okPLES, FL 34112
i
If any of the described policies are canceled before
their expiration date, Stake Farrne wiii try to mW1 a
written notice to the certificate holder 30 days
before cancellation. If we hall to mail such notice, no
obligation or liability will .,to imposed on State Farm or
its agents or represata
Signatum of Auftri entative
AGENT 09MW12
Tltr® caft
TED K BURKHAkROT
Agent Name
Te42phoft Number (230) 774 -64M
A W* Casa sUM
Agent Caft
AF O Cade F6a9
Joap6.i4 OR- t-`-t
BODILY INJURY ANE
PROPER TY I]AMAGl
Cam, �1
Each O
Occurrence
/
$ 1,0OR0 0,000.0
General Aggregate
$ 2,000,000.01
Product - Completed
$ 2,900,0011,01
Dperstions Aggregate
I1 II-JU D
R RTY D MAGE
(Combined Single Limit)
Each Occurrence
$ 1,000,000.01
±9gregate
$ 11000,000,01
Pert i - Workers Compensation - Stp"cry
'art 11- Emp oyers Lieblltty
Each Accident
$ 700.040_Di
Disease- EsCh Employee
$ 100,000,0(
Disease - Polio Limit
$ 5001000.0
1 r3 ='+cTK atrn.A+e ur~ IMIJIVANGE r: NOT A CONTRACT OF INSURANCE AND NEITHER AF R—MI TiYE'LY
NMENDS, EXTENDS OR ALTERS IM COVERAGE APPROVED BY ANY POLICY MCRIBED HEREIN.
Name and Address of Certification Holder
Idiftnal Insumd:
1E BOARD OF COUNTY COMMISSIONERS OF COLLIER
NTRACT 12 -5923
kGLE LAKES COiMMUNITYfFITNESS DESIGN SERVICES
101 E TAMIAM9 TRAIL
okPLES, FL 34112
i
If any of the described policies are canceled before
their expiration date, Stake Farrne wiii try to mW1 a
written notice to the certificate holder 30 days
before cancellation. If we hall to mail such notice, no
obligation or liability will .,to imposed on State Farm or
its agents or represata
Signatum of Auftri entative
AGENT 09MW12
Tltr® caft
TED K BURKHAkROT
Agent Name
Te42phoft Number (230) 774 -64M
A W* Casa sUM
Agent Caft
AF O Cade F6a9
Joap6.i4 OR- t-`-t