02/21/2007 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
February 28, 2007
TO:
Dave Koppel, County Engineer
Engineering Division
ATTN:
FROM:
Ann Riger
Facilities Development
Pamela G. Hanco~
Deputy Clerk CY
At the February 21, 2007, Board of County Commissioner's meeting the Board granted
approval of rescission of Contract between Monroe County and Parsons Brinckerhoff
Construction Services, Inc. for construction engineering and inspection services for Card Sound
Road Bridge repllirs that was awarded on December 20, 2006 and approval of a new Contract
that clarifies hourly rates and contract period with same.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any qu,estions please do not hesitate to contact this office.
cc: County Attorney
Finance
File/
Card Sound Road Bridges Rehabilitation
Standard Form of Agreement
Between Owner and Construction Engineer and
Inspection Consultant
Where the basis afpayment is a STIPULA TED SUM
AGREEMENT
Made as ohhe Twenty First day of February in the year of TWO THOUSAND AND SEVEN.
BETWEEN the Owner:
(Name and address)
Monroe County Board of County Commissioners, ("BOCC")
1100 Simonton Street
Key West, Florida 33040
And the Consultant:
(Name and address)
Parsons Brinckerhoff Construction Services, Inc.
5405 W. Cypress Street, Suite 203
Tampa, FL. 33607
For the following:
Construction Engineering and Inspection (CEI)
For
Card Sound Road Bridges Rehabilitation,
Monroe County, Florida
Oversight for Owner:
Monroe County Engineer, David S. Koppel, P.E.
Monroe County Engineering Division
1100 Simonton Street
Second Floor-Room 2-216
Key West, Florida 33040
There is no "Construction Manager" or "Architect", any reference to these terms in this document or in any
document pertinent to this project means "Owner". Consultant shall be dealing directly with County through
its County Engineer and Engineering Division or his Designee.
11/14/06
STANDARD AGREEMENT BETWEEN COUNTY AND CONSULTANT 00500-1
20070201 smg
Card Sound Road Bridges Rehabilitation
The County and Consultant agree as set forth below.
1.0 PURPOSE:
This scope of services describes and defines the services, which are required for construction
engineering and inspection (CEI), materials sampling and testing, and contract administration for the
construction project listed below.
2.0 SCOPE:
The Consultant shall be responsible for providing services as defined in this Scope of Services, the
referenced Department manuals and procedures.
Services are required for the following project:
CARD SOUND ROAD BRIDGES Rehabilitation Project
Description; Bridge rehabilitation on five (5) bridges located on Card Sound Road, Monroe
County, Florida.
The Consultant shall exercise their independent professional judgment in performing their obligations
and responsibilities under this Agreement. Pursuant to Section 4.1.4 of the Florida Department of
Transportation's, Construction Project Administration Manual (CPAM), the authority of the
Consultant's lead person, such as the Senior Project Engineer, shall be identical to the Department's
Resident Engineer and shall be interpreted as such.
Services provided by the Consultant shall comply with Department manuals, procedures, and
memorandums in effect as of the date of execution of the Agreement unless otherwise directed in
writing by the County.
On a single Construction Contract, it is a conflict of interest for a professional firm to receive
compensation from both the County and the Contractor either directly or indirectly.
3.0 LENGTH OF SERVICE:
The Consultant services for the Construction Contract shall begin upon the date specified by written
notification to proceed by County. The contract term is for a period of Four Hundred Twenty (420)
days from the date specified in the notice to proceed to the Consultant.
The Consultant Senior Project Engineer will track the execution of the Construction Contract such
that the Consultant is given timely authorization to begin work. While no personnel shall be assigned
until written notification by the County has been issued, the Consultant shall be ready to assign
personnel within two weeks of receipt of notification. For the duration of the project, the Consultant
shall coordinate closely with the County and Contractor to minimize rescheduling of Consultant
activities due to construction delays or changes in scheduling of Contractor activities. For estimating
purposes, the Consultant will be allowed an accumulation of thirty (30) calendar days to perform
preliminary administrative services prior to the issuance of the Contractor's notice to proceed and
thirty (30) calendar days to demobilize after final acceptance of the Construction Contract.
11/14/06
STANDARD AGREEMENT BETWEEN COUNTY AND CONSULTANT
00500-2
2007020lsmg
Card Sound Road Bridges Rehabilitation
4.0 DEFINITIONS:
A. Construction Proiect Manager: The County employee assigned to manage the Construction
Engineering and Inspection Contract and represent the County during the performance of the services
covered under this Agreement.
B. Engineer of Record: The Engineer noted on the Construction plans as the responsible person
for the design and preparation of the plans.
C. Consultant: The Consulting firm under contract to the County for administration of
Construction Engineering and Inspection services.
D. Agreement: The Professional Services Agreement between the County and the Consultant
setting forth the obligations of the parties thereto, including but not limited to the
performance of the work, furnishing of services, and the basis of payment.
E. Consultant Senior Proiect Engineer: The Engineer assigned by the Consultant to be in
charge of providing Construction Contract administration for one or more Construction
Proj ects. This person may supervise other Consultant employees and act as the lead Engineer
for the Consultant.
F. Contractor: The individual, firm, or company contracting with the County for performance of
work or furnishing of materials.
G. Construction Contract: The written agreement between the County and the Contractor setting
forth the obligations of the parties thereto, including but not limited to the performance of the
work, furnishing of labor and materials, and the basis of payment.
H. CP AM: Florida Department of Transportation, Construction Project Administration manual;
latest.
I. Deoartment: Florida Department of Transportation
J. F.D.O.T.: Florida Department of Transportation.
K. Countv: Monroe County Board of County Commissioners.
L. Owner: Monroe County
5.0 ITEMS TO BE FURNISHED BY THE COUNTY TO CONSULTANT:
A. The County, on as needed basis, will furnish the following Construction Contract documents
for each proj ect. These documents may be provided in either paper or electronic format.
I. Construction Plans
2. Special Provisions such as project manual addenda
3. Copy of the Executed Construction Contract.
11/14/06
STANDARD AGREEMENT BETWEEN COUNTY AND CONSULTANT
00500-3
2007020 I smg
Card Sound Road Bridges Rehabilitation
6.0 ITEMS FURNISHED BY THE CONSULTANT:
6.1 County Documents:
All applicable documents referenced herein shall be a condition of this Agreement.
6.2 Office Automation:
The Consultant shall provide and have available for their use a computer, modem, printer,
and appropriate software.
All computer equipment shall have/be at a minimum a Pentium 1GB, PCI Bus, 256MB,
512kb cache, 20GB hard drive, 1.44 Floppy drive, 16MB video ram, mouse, 16/40x
CD/DVD Drive, 10110011000 Ethernet NIC, 17" monitor with .28 pitch, and keyboard. The
consultant shall provide a flatbed color scanner.
The Consultant will also be required to obtain monthly Internet access and maintain an e-
mail address for the project.
The Consultant shall use Microsoft Word 2003, Microsoft Excel 2003, and Adobe Acrobat
7.0 or latest version available software.
The Consultant will furnish computer services/software needed for project scheduling,
documentation, and control (Primavera/Suretrak, Claim Digger, etc.). All computer coding
shall be input by Consultant personnel using equipment furnished by them.
Ownership and possession of computer equipment and related software, which is provided
by the Consultant, shall remain at all times with the Consultant. The Consultant shall retain
responsibility for risk of loss or damage to said equipment during performance of this
Agreement. Field office equipment should be maintained and operational at all times.
6.3 Field Office:
Shall be provided for the Consultant's use.
6.4 Vehicles:
Vehicles will be equipped with appropriate safety equipment and must be able to effectively
carry out requirements of this Agreement. Vehicles shall have the name and phone number
of the consulting firm visibly displayed on both sides of the vehicle.
6.5 Field EQuinment:
The Consultant shall supply survey, inspection and testing equipment, essential in order to
carry out the work under this Agreement. Such equipment includes those non-consumable
and non-expendable items, which are normally needed for a CEI project and are essential in
order to carry out the work under this Agreement.
Hard hats shall have the name of the consulting firm visibly displayed.
11/14/06
STANDARD AGREEMENT BETWEEN COUNTY AND CONSULT ANT
00500-4
2007020 I smg
Card Sound Road Bridges Rehabilitation
Equipment described herein and expendable materials under this Agreement will remain the
property of the Consultant and shall be removed at completion of the work.
The Consultant shall retain responsibility for risk of loss or damage to said equipment
during performance of this Agreement. Field office equipment shall be maintained and in
operational condition at all times.
6.6 Licensinl! for Eauipment Operations:
The Consultant will be responsible for obtaining proper licenses for equipment and
personnel operating equipment when licenses are required. The Consultant shall make the
license and supporting documents available to the County, for verification, upon request.
7.0 LIAISON:
The Consultant shall keep the Construction Project Manager informed of all significant activities,
decisions, correspondence, reports, and other communications related to its responsibilities under this
agreement, and seek input from the Construction Proj ect Manager in order for the Construction
Project Manager to oversee the Consultant's performance. Agreement administrative duties relating to
Invoice Approval Requests, Personnel Approval Requests, User ill Requests, Time Extension
Requests, and Amendment and Supplemental Amendment Requests shall be reviewed and approved
by the Construction Project Manager.
8.0 PERFORMANCE OF THE CONSULTANT:
During the term of this Agreement and all supplements thereof, the County will review various phases
of Consultant operations, such as construction inspection, materials sampling and testing, and
administrative activities, to determine compliance with this Agreement. The Consultant shall
cooperate and assist County representatives in conducting the reviews. If deficiencies are indicated,
the Consultant shall implement remedial action immediately upon the approval of the Construction
Project Manager. County recommendations and Consultant responses/actions are to be properly
docwnented by the Senior Project Engineer. No additional compensation shall be allowed for
remedial action taken by the Consultant to correct deficiencies. Remedial actions and required
response times may include but are not necessarily limited to the following:
A. Further subdivide assigned inspection responsibilities, reassign inspection personnel, or
assign additional inspection personnel, within one week of notification.
B. Replace personnel whose performance has been determined by the County to be inadequate.
Personnel whose performance has been detennined to be unsatisfactory shall be removed
immediately.
C. Immediately increase the frequency of monitoring and inspection activities in phases of work
that are the Consultant's responsibility.
D. Increase the scope and frequency of training of the Consultant personnel.
9.0 REOUlREMENTS:
9.1 General:
11114/06
STANDARD AGREEMENT BETWEEN COUNTY AND CONSULTANT
00500-5
2007020lsmg
Card Sound Road Bridges Rehabilitation
It shall be the responsibility of the Consultant to administer and monitor the Construction
Contract and Project, and inspect the Construction Project such that the project is constructed
in reasonable conformity with the plans, specifications, and special provisions of the
Construction Contract.
The Consultant shall observe the Contractor's work to determine the progress and quality of
work, identify discrepancies, report significant discrepancies to the County, and instruct the
Contractor to correct such observed discrepancies.
The Consultant is hereby designated by the County to negotiate Supplemental Agreements.
However, the Consultant must seek input from the Construction Project Manager. The
Consultant shall prepare the Supplemental Agreement as a recommendation to the County,
which the County may accept, modify or reject upon review. The Consultant shall consult
with the Construction Project Manager, as it deems necessary and shall direct all issues which
exceed its delegated authority to the Construction Project Manager for County action or
direction.
The Consultant shall advise the Construction Project Manager of any significant omissions,
substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective
action that has been instructed to be performed by the Contractor. Work provided by the
Consultant shall not relieve the Contractor of responsibility for the satisfactory performance
of the Construction Contract.
9.2 Survev Control:
The Consultant shall check or establish the survey control baseline(s) along with sufficient
baseline control points and bench marks at appropriate intervals along the project in order to:
(I) make and record such measurements as are necessary to calculate and document
quantities for pay items; (2) make and record pre-construction and final cross section surveys
of the project site in those areas where earthwork (i.e., embankment, excavation, subsoil
excavation, etc.) is part of the construction project; and (3) perform incidental engineering
surveys. The Senior Project Engineer will establish the specific survey requirements for the
project prior to construction.
Any questions or requests for "Waiver of Survey" should be directed to the Senior Project
Engineer.
9.3 On-site Inspection:
The Consultant shall monitor the Contractor's on-site construction achVlhes and inspect
materials entering into the work in accordance with the plans, specifications, and special
provisions for the Construction Contract to determine that the proj ect is constructed in
reasonable conformity with such documents. The County will monitor all off-site activities
and fabrication. The Consultant shall keep detailed accurate records of the Contractor's daily
operations and of significant events that affect the work.
Consultant shall be responsible for monitoring and inspection of Contractor's Work Zone
traffic control plan and review of modifications to the Work Zone Traffic Control Plan,
including alternate Work Zone Traffic Control Plan, in accordance with F.D.O.T. procedures.
Consultant employees performing such services shall be qualified in accordance with
11/14/06
STANDARD AGREEMENT BETWEEN COUNTY AND CONSULTANT
00500-6
20070201smg
Card Sound Road Bridges Rehabilitation
F.D.O.T. department procedure.
9.4 Samplinl! and Testinl!:
The Consultant shall perform sampling and testing of component materials and completed
work in accordance with the Construction Contract documents. The minimum sampling
frequencies set out in the Department's Materials Sampling, Testing and Reporting Guide
shall be met. In complying with the aforementioned guide, the Consultant shall provide daily
surveillance of the Contractor's Quality Control activities at the project site and perform the
sampling and testing of materials and completed work items that are normally done in the
vicinity of the project for verification and acceptance.
The Consultant shall be specifically responsible for job control samples determining the
acceptability of all materials and completed work items on the basis of either test results or
verification of a certification, certified mill analysis, DOT label, DOT stamp, etc.
The County will monitor the effectiveness of the Consultant's testing procedures through
surveillance and obtaining and testing independent assurance samples.
Sampling, testing and laboratory methods shall be as required by the Department's Standard
Specifications, Supplemental Specifications or as modified by the special provisions of the
Construction Contract.
Documentation reports on sampling and testing shall be submitted to responsible parties
during the same week that the construction work is done.
9.5 Enl!ineerinl! Services:
The Consultant shall coordinate the Construction Contract administration activities with the
Owner and Contractor.
Services include maintaining the required level of surveillance of Contractor activities,
interpreting plans, specifications, and special provisions for the Construction Contract,
maintaining complete, accurate records of all activities and events relating to the project, and
properly documenting all significant project changes. The Consultant shall perform the
following services:
(I) Schedule and attend, within ten (10) days after the Notice to Proceed, a pre-
service conference for the project in accordance with County procedure. The
Consultant shall provide appropriate staff to attend and participate in the pre-service
meeting.
The Consultant shall record a complete and concise record of the proceedings of the
pre-service meeting and distribute copies of this summary to the participants and
other interested parties within seven (7) days. The Consultant shall submit Action
Request packages for Personnel Approval for immediate staff needs and a
copy/computer file of the final negotiated staffing to the Construction Project
Manager, either at this meeting or within seven (7) days.
(2) Schedule and attend, within ten (10) days after the Notice to Proceed, a Final
11/14/06
STANDARD AGREEMENT BETWEEN COUNTY AND CONSULTANT
00500-7
2007020Ismg
Card Sound Road Bridges Rehabilitation
Estimate informational meeting with the County Engineering Staff. The Consultant
shall provide appropriate staff to attend and participate in this meeting.
(3) Verify that the Contractor is conducting inspections, preparing reports and monitoring
all storm water pollution prevention measures associated with the project.
(4) Analyze problems that arise on a project and proposals submitted by the Contractor,
endeavor to resolve such issues, and process the necessary paperwork.
(5) Produce reports, verify quantity calculations, field measure for payment purposes as
needed to prevent delays in Contractor operations and ensure prompt processing of
such information in order for the County to make timely payment to the Contractor.
(6) Prepare and make presentation before any dispute review boards, including the Board
of County Commissioners, in connection with the project covered by this Agreement.
(7) Provide Public Information services as required to manage inquiries from the public,
public officials, and the news media. Prepare newsletters for distribution to adjacent
property owners. The County Construction Project Manager shall approve all notices,
brochures, responses to news media, etc., prior to release.
(8) Prepare and submit to the Construction Project Manager monthly, a Construction
Status Reporting System (CSRS) report, in a format acceptable to County.
(9) Schedule and conduct a meeting with the County Engineering Office at least 45
calendar days prior to project final acceptance. The purpose of this meeting is to
discuss the required documentation, including as-builts, necessary to close out the
permit(s).
(10) Video tape the pre-construction conditions throughout the project limits. Provide a
digital photo log or video of project activities, with heavy emphasis on potential claim
items/issues and on areas of real/potential public controversy.
(11) The Consultant shall have a digital camera for photographic documentation of
noteworthy incidents or events to cover the following areas:
(a). Pre-construction photographs
(b). Normal and exceptional progress of work
(c). Critical path activities
(d). Accidents showing damage
(e). Unsafe working conditions
(f). Unusual construction techniques
(g). Damaged equipment or materials
11/14/06
STANDARD AGREEMENT BETWEEN COUNTY AND CONSULTANT
00500-8
20070201 smg
Card Sound Road Bridges Rehabilitation
(h). Any activity, which may result in claims
These photographs will be filed and maintained on the Consultant's computer using
the LYNX Digital Photo Management system or equivalent. Copies of photographs
will be electronically transferred to the County at an interval detennined by the
Senior Project Engineer and the Construction Project Manager.
The taking of the photographs shall begin the day prior to the start of construction and
continue regularly throughout this project. Photographs shall be taken the days of
Conditional, Partial and/or Final Acceptance.
10.0 PERSONNEL
10.1 General Requirements:
The Consultant shall staff the project with the qualified personnel necessary to efficiently and
effectively carry out its responsibilities under this Agreement.
Unless otherwise agreed by the County, the County will not compensate straight overtime or
premium overtime for the positions of Senior Project Engineer.
10.2 PersonnelOualifications:
The Consultant shall utilize only competent personnel, qualified by experience, and
education. The Consultant shall submit in writing to the Construction Project Manager the
names of personnel proposed for assignment to the project, including a detailed resume for
each containing at a minimum salary, education, and experience. The Consultant Action
Request form for personnel approval shall be submitted to the Construction Project Manager
at least two weeks prior to the date an individual is to report to work.
Personnel identified in the Consultant technical proposal are to be assigned as proposed and
are committed to performing services under this Agreement. Personnel changes will require
written approval from County. Previously approved staff, whose performance is
unsatisfactory, shall be replaced by the Consultant within one week of County notification.
Before the project begins, all project staff shall have a working knowledge of the current
CP AM and must possess all the necessary qualifications/certifications for obtaining the duties
of the position they hold. Cross training of the Consultant's project staff is highly
recommended to ensure a knowledgeable and versatile project inspection team but shall not
be at any additional cost to the County and should occur as workload permits. Visit the
training page on the State Construction Office website for training dates.
Minimum qualifications for the Consultant personnel are set forth as follows. Exceptions to
these minimum qualifications will be considered on an individual basis. The County Engineer
or designee will have the final approval authority.
CEI SENIOR PROJECT ENGINEER - A Civil Engineer degree and be registered in the
State of Florida as a Professional Engineer (or if registered in another state, the ability to
obtain registration in the State of Florida within six months) and six (6) years of engineering
experience [(two (2) years of which are in major road and bridge construction)], or for non-
11/14/06
STANDARD AGREEMENT BETWEEN COUNTY AND CONSULTANT
00500-9
2007020 I smg
Card Sound Road Bridges Rehabilitation
degreed personnel the aforementioned registration and ten (10) years of engineering
experience (two (2) years of which are in major road or bridge construction). Qualifications
include the ability to communicate effectively in English (verbally and in writing); to direct
highly complex and specialized construction engineering administration and inspection
program; plans and organizes the work of subordinate and staff members; develops and/or
reviews policies, methods, practices, and procedures; and reviews programs for conformance
with County standards. Also must have the following:
Qualification:
FDOT Advanced MOT
Pass the CTQP examination covering the training video "Grouting of Bridge Post-tensioning
Tendons" (If applicable)
Attend the CTQP Quality Control Manager course and pass the examination.
Certifications: None
A Master's Degree in Engineering may be substituted for one (1) year engineering experience.
CEI SENIOR INSPECTOR! CEI SENIOR ENGINEER INTERN - High school graduate
or equivalent plus four (4) years of experience in construction inspection, two (2) years of
which shall have been in bridge and/or roadway construction inspection.
Must have the following:
Qualifications:
CTQP Concrete Field Inspector Level I
CTQP Concrete Transportation Construction Inspector (CTCI) Level II (allbridges) CTQP
Asphalt Roadway Level I (If applicable)
CTQP Asphalt Roadway Level II (If applicable)
CTQP Earthwork Construction Inspection Level I
CTQP Earthwork Construction Inspection Level II
CTQP Pile Driving Inspection (If applicable) CTQP Drilled Shaft Inspection (If applicable)
CTQP Grouting Technician Level I (If applicable)
CTQP Post-Tensioning Technician Level I (If applicable)
FDOT Intermediate MOT
CTQP Final Estimates Level I
Certifications:
Nuclear Radiation Safety
Or a Civil Engineering degree and one (1) year of road & bridge CEI experience with the
ability to earn additional required qualifications within one year. (Note: Senior Engineer
Intern classification requires one (I) year experience as an Engineer Intern.)
Responsible for perfonning highly complex technical assigrnnents in field surveying and
construction layout, making, and checking engineering computations, inspecting construction
work, and conducting field tests and is responsible for coordinating and managing the lower
level inspectors. Work is performed under the general supervision of the Project
11/14/06
STANDARD AGREEMENT BETWEEN COUNTY AND CONSULTANT
00500-10
2007020lsmg
Card Sound Road Bridges Rehabilitation
Administrator.
CEI INSPECTOR! CEI ENGINEER INTERN - High school graduate or equivalent plus
two (2) years experience in construction inspection, one (I) year of which shall have been in
bridge and/or roadway construction inspection, plus the following:
Qualifications: CTQP Concrete Field Inspector Level I CTQP Asphalt Roadway Level I (If
applicable) CTQP Earthwork Construction Inspection Level I CTQP Pile Driving Inspection
(If applicable) CTQP Drilled Shaft Inspection (If applicable) CTQP Final Estimates Level I
Certifications:
Nuclear Radiation Safety
Or a Civil Engineering degree with the ability to earn additional required qualifications within
one year. (Note: Engineer Intern classification requires E.LT. certificate.)
Responsible for performing assignments in assisting Senior Inspector in the performance of
his duties. Receive general supervision from the Senior Inspector who reviews work while in
progress. Civil Engineering graduates must obtain certifications within the first year of
working as an inspector or Engineer Intern. Exceptions will be permitted on a case-by-case
basis so long as qualifications and certifications are appropriate for specific inspection duties.
10.3 Staffing:
Once authorized, the Consultant shall establish and maintain an appropriate staff through the
duration of construction and completion of the project and this contract. Responsible
personnel, thoroughly familiar with all aspects of construction and final measurements of the
various pay items, shall be available to resolve disputed final pay quantities until the
appropriate Construction Contract has been paid off.
Construction engineering and inspection forces will be required of the Consultant at all times
while the Contractor is working. If Contractor operations are substantially reduced or
suspended, the Consultant will reduce its staff appropriately.
In the event that the suspension of Contractor operations requires the removal of Consultant
forces from the project, the Consultant will be allowed ten (10) days maximum to demobilize,
relocate, or tenninate such forces.
11.0 DUALITY ASSURANCE fOA) PROGRAM:
11.1 Onalitv Reviews:
The Consultant shall conduct semi-annual reviews to make certain his own organization is in
compliance with the requirements cited in the Scope of Services. Quality Reviews shall be
conducted to evaluate the adequacy of materials, processes, documentation, procedures,
training, guidance, and staffing included in the execution of this Agreement. Quality Reviews
shall also be developed and performed to achieve compliance with specific QA provisions
contained in this Agreement. The semi-annual reviews shall be submitted to the Construction
Project Manager in written form no later than one (1) month after the review. On short
11/14/06
STANDARD AGREEMENT BETWEEN COUNTY AND CONSULTANT
00500-11
2007020 I smg
Card Sound Road Bridges Rehabilitation
duration CCEI projects (nine (9) months or less), the CCEI shall perform an initial QA review
within the first two (2) months of the start of construction.
11.2 QA Plan:
Within thirty (30) days after receiving award of an Agreement, the Consultant shall furnish a
QA Plan to the Construction Project Manager. The QA Plan shall detail the procedures,
evaluation criteria, and instructions of the Consultant's organization to assure conformance
with the Agreement. Unless specifically waived, no payment shall be made until the County
approves the Consultant QA Plan. Significant changes to the work requirements may require
the Consultant to revise the QA Plan. It shall be the responsibility of the Consultant to keep
the plan current with the work requirements. The Plan shall include, but not be limited to, the
following areas:
A. Ore:anization:
A description is required of the Consultant QA Organization and its functional
relationship to the part of the organization performing the work under the Agreement.
The authority, responsibilities and autonomy of the QA organization shall be detailed
as well as the names and qualifications of personnel in the quality control
organization.
B. Quality Reviews:
The Consultant QA shall detail the methods used to monitor and achieve organization
compliance with Agreement requirements for services and products.
C. Quality Records:
The Consultant will outline the types of records, which will be generated and
maintained during the execution of his QA program.
D. Control of Sub-consultants and Vendors:
The Consultant will detail the methods used to control sub-consultants and vendor
quality.
E. Qualitv Assurance Certification:
An officer of the Consultant firm shall certifY that the inspection and documentation
were done in accordance with FDOT specifications, plans, standard indexes, and
County procedures.
11.3 Qualitv Records:
The Consultant shall maintain adequate records of the quality assurance actions performed by
its organization (including subcontractors and vendors) in providing services and products
under this Agreement. All records shall indicate the nature and number of observations made,
the number and type of deficiencies found, and the corrective actions taken. These records
shall be available to the County, upon request, during the Agreement term. All records shall
be kept at the primary job site and shall be subject to audit review.
11114/06
STANDARD AGREEMENT BETWEEN COUNTY AND CONSULTANT
00500-12
2007020 I srng
Card Sound Road Bridges Rehabilitation
12.0 CERTIFICATION OF FINAL ESTIMATES:
12.1 Final Estimate and As-Built Plans Submittal:
Prepare documentation and records in compliance with the Agreement; Consultant's approved
QC Plan and the County's Procedures.
Submit the Final Estimate(s) and three (3) sets of final as built plans documenting
Contractor's work (one record set with two copies) as follows:
(a) Within thirty (30) calendar days of final acceptance by County; or
(b) Where all items of work are complete and conditional/partial acceptance is
utilized (Lighting, Plant establishment, etc.) for a period exceeding thirty (30)
calendar days, the final estimate(s) will be due on the thirtieth (30th) day
after conditional/partial acceptance by County. A memorandum with
documentation will be transmitted to the County Engineer at final acceptance
detailing any necessary revisions to the pay items covered under the
conditional/partial acceptance.
The Consultant shall be responsible for making any revisions to the Certified Final Estimate.
12.2 Certification:
Consultant personnel preparing the Certified Final Estimate Package shall be CTQP Final
Estimates Level II qualified.
Duly authorized representative of the Consultant firm will provide a notarized certification on
a form pursuant to Department procedures.
13.0 SUBCONSULTANT SERVICES:
Upon written approval by the Construction Project Manager and the County, and prior to performance
of work, the Consultant may subcontract for engineering surveys, materials testing, or specialized
professional services.
14.0 OTHER SERVICES:
Upon written authorization by the County Engineer or designee, the Consultant will perform
additional services in connection with the project not otherwise identified in this Agreement. The
following items are not included as part of this Agreement, but may be required by the County to
supplement the Consultant services under this Agreement.
A. Assist in preparing for arbitration hearings or litigation that occurs during the Agreement time
in connection with the construction project covered by this Agreement.
B. Provide qualified engineering witnesses and exhibits for any litigation or hearings in
connection with the Agreement.
11/14/06
STANDARD AGREEMENT BETWEEN COUNTY AND CONSULTANT
00500-13
2007020 I smg
Card Sound Road Bridges Rehabilitation
C. Provide on- and off-site inspection servIces in addition to those provided for in this
Agreement.
15.0 POST CONSTRUCTION CLAIMS REVIEW:
In the event the Contractor submits a claim for additional compensation and/or time after the
Consultant has completed this Agreement, the Consultant shall, at the written request from the
County, analyze the claim, engage in negotiations leading to settlement of the claim, and prepare and
process the required documentation to close out the claim. Compensation for such services will be
negotiated and effected through a Supplement to this Agreement.
16.0 CONTRADICTIONS:
In the event of a contradiction between the provisions of this Scope of Services and the Consultant's
proposal as made a part of their Agreement, the provisions of the Scope of Services shall apply.
17.0 THIRD PARTY BENEFICIARY:
It is specifically agreed between the parties executing this Agreement that it is not intended by any of
the provisions of any part of the Agreement to create in the public or any member thereof, a third
party beneficiary hereunder, or to authorize anyone not a party to this Agreement to maintain a claim,
cause of action, lien or any other damages or any relief of any kind pursuant to the terms or provisions
of this Agreement.
18.0 COUNTY AUTHORITY:
The County shall be the final authority in considering contract modification of the Contractor for
time, money or any other consideration except matters agreed to by the Contractor through contract
changes negotiated by the Consultant, as authorized in Section 9.1 herein.
19.0 THE CONTRACT AND CONTRACT DOCUMENTS:
The contract between the County and the Consultant, of which this agreement is a part, consists of the
contract documents.
20.0 THE CONTRACT DOCUMENTS:
The contract documents consist of this contract and exhibits, the Request for Qualifications,
Consultant's response, Scope of Work and any addenda, and any other amendments hereto executed
by the parties after the execution of this Agreement.
21.0 ENTIRE AGREEMENT:
This contract constitutes the entire and exclusive agreement between the County and the Consultant
with reference to Construction Engineering and Inspection Services. Specifically, but without
limitation, this contract supersedes any bid documents not mentioned and all prior written or oral
conmmnications, representations and negotiations, if any, between the County and the Consultant.
11/14106
STANDARD AGREEMENT BETWEEN COUNTY AND CONSULTANT
00500-14
20070201 smg
Card Sound Road Bridges Rehabilitation
22.0 NO PRIVITY WITH OTHERS:
Nothing contained in this contract shall create, or be interpreted to create, privity or any other
contractual agreement between the owner and any person or entity other than the Consultant.
23.0 INTENT AND INTERPRETATION:
This contract is intended to be an integral whole and shall be interpreted as internally consistent.
What is required by anyone contract document shall be considered as required by the contract.
(a) This words "includes," or "including," as used in this contract, shall be deemed to be followed by the
phrase, "without limitation."
(b) The specification herein of any act, failure, refusal, omiSSion, event, occurrence or condition as
constituting a material breach of this contract shall not imply that any other, nonspecific act, failure,
refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach
of this contract.
(c) The words or terms used as nouns in this contract shall be inclusive of their singnlar and plural forms,
unless the context of their usage clearly requires a contrary meaning.
24.0 TIME:
The contract time is for Four Hundred and Twenty (420) days from the date specified in the notice to
proceed to Consultant.
25.0 THE: CONTRACT PRICE AND SCOPE OF SERVICES:
The County shall pay, and the Consultant shall accept an amount not to exceed Three Hundred
Eighty-five Thousand Two Hundred Twenty-four and 48/100 Dollars ($385,224.48) as full and
complete payment for all work required by the County. This amount includes work by any
subconsultant. These amounts shall not be modified except in writing and executed pursuant to BOCC
approval.
The County shall pay the Consultant in current funds for the Consultant's performance and the
subconsultant's performance of this Agreement based on time and expense basis at rates negotiated
and agreed upon and shown in Attachment A.
The Consultant is not entitled to receive, and the County is not obligated to pay, any fees or expenses
in excess of the amount of Three Hundred and Eighty Five Thousand, Two Hundred and Twenty
Four Dollars and forty eight cents ($385,224.48) for this contract. Consultant's and subconsultant's
reimbursable expenses are included in this amount and shall not exceed Sixty Four Thousand, Nine
Hundred and Ninety Eight Dollars and eighty seven cents ($64,998.87). The stated amount may
only be modified by an affirmative act of the County's Board of County Commissioners.
The Consultant shall receive reimbursable expenses incurred by the Consultant in the interest of the
project, based on expense of transportation submitted by the Consultant, in writing, and living
expenses in connection with travel authorized by the County, in writing, but only to the extent and in
the amounts authorized by Section 112.061, Florida Statutes or as authorized by the Monroe County
Code, whichever is greater. Other reimbursable items are listed in Attachment A.
11/14/06
STANDARD AGREEMENT BETWEEN COUNTY AND CONSULTANT
00500-15
2007020lsmg
Card Sound Road Bridges Rehabilitation
The Consultant shall be responsible for providing services as defined in the Scope of Services, the
referenced Department manuals and procedures. The Consultant's staff shall exercise their
independent professional judgment in performing their obligations and responsibilities under this
Agreement. Pursuant to Section 4.1.4 of the Florida Department of Transportation's, Construction
Project Administration Manual (CPAM), the authority of the Consultant's lead person, such as the
Senior Project Engineer, and the Consultant's Project Administrator shall be identical to the
Department's resident Engineer and Project Administrator respectively and shall be interpreted as
such.
Services provided by the Consultant shall comply with Department manuals, procedures, and
memoranda in effect as of the date of execution of the Agreement unless otherwise directed in writing
by the County.
On a single Construction Contract, it is a conflict of interest for a professional firm to receive
compensation from both the County and the Contractor either directly or indirectly.
26.0 PAYMENT PROCEDURE:
The County shall pay the Consultant pursuant to the Local Government Prompt Payment Act
following receipt of invoice. Invoice shall be submitted to Monroe County at the end of each month
according to the procedures required by Monroe County. Invoices for personnel shall have the detail
required to indicate the person doing the work, work performed, time and hourly rate per Attachment
A. The premium overtime rate listed for Consultant's personnel is in addition to the normal hourly
rate.
Reimbursable expenses shall be for those items incurred by Consultant and its sub-consultants
indicated on Attachment A, as necessary for the performance of the work. Expenses shall be
reimbursed on an actual cost basis with no mark up by the Consultant. Consultant shall provide
documentation of expenses satisfactory to the Owner.
27.0 GOVERNING LAW:
This contract is governed by the laws of the State of Florida. Venue for all claims or disputes shall be
in Monroe County, Florida. Mediation shall be conducted in accordance with the rules for the
Sixteenth Iudicial Circuit, Monroe County, Florida. This Contract shall not be subject to Arbitration.
28.0 SUCCESSORS AND ASSIGNS:
The County and Consultant bind themselves, their successors, assigns and legal representatives to the
other party hereto and to successors, assigns and legal representatives of such other party in respect to
covenants, agreement and obligations contained in this contract. The Consultant shall not assign this
contract without written consent of the County.
29.0 PUBLIC ENTITY CRIME STATEMENT:
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a 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 construction or repair of a public
11/14/06
STANDARD AGREEMENT BETWEEN COUNTY AND CONSULTANT
00500-16
20070201smg
Card Sound Road Bridges Rehabilitation
building or public work, may not submit bids on leases of real property to public entity, may not be
awarded or perform work as a vendor, supplier, sub vendor, 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 of the Florida Statutes, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list. By signing below the Consultant states that
he/she complies with this paragraph.
30.0 TRENCH SAFETY:
If applicable to the project, the Consultant shall comply with all relevant provisions of the Trench
Safety Act (Secs. 553.60-553.64, Fla. Stat.).
31.0 CONTINGENCY:
Monroe County's performance and obligation to pay under this contract is contingent upon an annual
appropriation by the Board of County Commissioners.
32.0 HOI,D HARMLESS:
The Consultant covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners, its officers, agents, and employees from any and all claims for bodily injury
(including death), personal injury, and property damage (including property owned by 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 Consultant or any of its Subcontractor( s) in
any tier, to the extent occasioned by the negligence, errors, or other wrongful act or omission of the
Consultant or its Subcontractors in any tier, their employees, or agents.
In the event that the service is delayed or suspended as a result of the Consultant's failure to purchase
or maintain the required insurance, the Consultant shall indemnify the County from any and all
increased expenses or lost revenue resulting from such delay. The first ten dollars ($10.00) of
remuneration paid to the Consultant is for the indemnification provided for above. The extent of
liability is in no way limited to, reduced, or lessened by the insurance requirements contained
elsewhere within this agreement. The provisions of this section shall survive the expiration or earlier
termination of this agreement.
33.0 INDI<:PENDENT CONTRACTOR:
At all times and for all purposes under this agreement the Consultant is an independent contractor and
not an employee of the Board of County Commissioners for Monroe County. No statement contained
in thlis agreement shall be construed so as to find the Consultant or any of his/her employees,
contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe
County.
34.0 ASSURANCE AGAINST DISCRIMINATION:
The Consultant shall not discriminate against any person on the basis of race, creed, color, national
origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring,
promoting, terminating, or any other area affecting employment under this agreement or with the
provision of services or goods under this agreement.
11/14/06
STANDARD AGREEMENT BETWEEN COUNTY AND CONSULTANT
00500-17
2007020lsmg
Card Sound Road Bridges Rehabilitation
35.0 ASSIGNMENT/SUBCONTRACT:
The Consultant shall not assign or subcontract its obligations under this agreement. except in writing
and with the prior written approval of the Board of County Commissioners for Monroe County and
Consultant, which approval shall be subject to such conditions and provisions as the Board may deem
necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and
any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless
expressly provided for therein, such approval shall in no manner or event be deemed to impose any
obligation upon the board in addition to the total agreed-upon price of the services/goods of the
Consultant and compensation to County.
36.0 COMPLIANCE WITH LAW:
In providing all services/goods pursuant to this agreement, the Consultant shall abide by all statutes,
ordinances. rules and regulation pertaining to, or regulating the provisions of. such services. including
those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and
regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate
this contract immediately upon delivery of written notice of termination to the Consultant. The
Consultant shall possess proper licenses to perform work in accordance with these specifications
throughout the term of this contract.
37.0 INSURANCE:
Prior to execution of this agreement, and maintained throughout the life of the contract, the
Consultant shall furnish to the County Certificates of Insurance indicating the minimum coverage
limitation as listed below:
A. General Liability - include as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be $500,000. Combined Single Limit
An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made
Policy, its provisions should include coverage for claims filed on or after the effective date of this
contract. In addition, the period for which claims may be reported should extend for a minimum
of 48 months following the tennination or expiration of the contract.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS
ADDITIONAL INSURED.
B. Professional Liability - included as a minimum:
The minimum limits acceptable shall be $500,000. per occurrence.
11/14/06
STANDARD AGREEMENT BETWEEN COUNTY AND CONSULT ANT
00500-18
2007020 I srng
Card Sound Road Bridges Rehabilitation
If the policy is a " claims made" policy, Consultant shall maintain coverage or purchase a
"tail" to cover claims made after completion of the project to cover the statutory time limits in
Chapter 95 of the Florida Statues.
c. Vehicle Liability - include as a minimum:
Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be $300,000 Combined Single Limit (CSL)
If spllit limits are provided, the minimum limits acceptable shall be: $100,000 per Person; $300,000
per Occurrence; and $50,000 Property Damage.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS
ADDITIONAL INSURED.
D. Workers Compensation -limits sufficient to respond to Florida Statute 440.
In addition, the Consultant shall obtain Employers' Liability Insurance with limits of not less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be provided by a company or companies authorized to transact business in the State of
Florida and the company or companies must maintain a minimum rating of A-VI, as assigned by the
A.M. Best Company.
If the Consultant has been approved by Florida's Department of Labor, as an authorized self-insurer,
the County shall recognize and honor the Consultant's status. The Consultant may be required to
submit a Letter of Authorization issued by the Department of Labor and Certificate of Insurance,
providing details on the Consultant's Excess Insurance Program.
If the Consultant participates in a self-insurance fund, a Certificate of Insurance will be required. In
addition, the Consultant may be required to submit updated financial statements from the fund upon
request from the County.
38.0 CONSULTANT'S RESPONSIBILITY:
The Consultant warrants that it is authorized by law to engage in the performance of the activities
encompassed herein, subj ect to the terms and conditions set forth in these contract documents.
Consultant shall at all times exercise independent judgment and shall assume responsibility for the
services to be provided.
39.0 NOTICE REOUlREMENT:
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
David S. Koppel, P.E.
11/14/06
STANDARD AGREEMENT BETWEEN COUNTY AND CONSULT ANT
00500-19
2007020 I smg
Card Sound Road Bridges Rehabilitation
County Engineer
1100 Simonton Street, Suite 216
Key West, FL 33040
40.0 CAl'CELLATION:
In the event that the Consultant shall be found to be negligent in any aspect of service, the County
shall have the right to terminate this agreement after five days written notification to the Consultant.
41.0 GOVERNING LAWS. VENUE. INTERPRETATION. COSTS. FEES:
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and to be performed entirely in the State .In the event that any
cause of action or administrative proceeding is instituted for the enforcement or interpretation of the
agreement, the County and Consultant agree that venue shall lie in the appropriate court or before the
appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to
arbitration. The County and Consultant agree that, in the event of conflicting interpretation of the terms
or a term of this agreement by or between any of them the issue shall be submitted to mediation prior
to the institution of any other administrative or legal proceeding.
42.0 RECORDKEEPING:
Consultant shall maintain all books, records, and documents directly pertinent to performance under
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 other party to this Agreement for public records purposes during the
term of the Agreement and for four years following the termination of this Agreement. If an auditor
employed by the County or Clerk determines that monies paid to Consultant or not paid to County
pursuant to this Agreement were spent for purposes not authorized by this Agreement or wrongfully
retained by Consultant, the Consultant shall repay the monies together with interest calculated
pursuant to Sec. 55.03, FS, running from the date the monies were to have been paid.
43.0 SEVERABILITY:
If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement,
shall not be affected thereby; and each remaining term, covenant, condition and provision of this
Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would
prevent the accomplishment of the original intent of this Agreement. The County and Consultant
agree to reform the Agreement to replace any stricken provision with a valid provision that comes as
close as possible to the intent of the stricken provision.
44.0 ATTORNEY'S FEES AND COSTS:
The County and Consultant agree that in the event any cause of action or administrative proceeding is
initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-
pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, court
11/14/06
STANDARD AGREEMENT BETWEEN COUNTY AND CONSULTANT
00500-20
20070201smg
Card Sound Road Bridges Rehabilitation
costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of
Civil Procedure and usual and customary procedures required by the circuit court of Momoe County.
45.0 BINDING EFFECT:
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit
of the County and Consultant and their respective legal representatives, successors, and assigns.
46.0 AUTHORITY:
Each party represents and warrants to the other that the execution, delivery and performance of this
Agreement have been duly authorized by all necessary County and corporate or individual action, as
required by law.
47.0 CLAIMS FOR FEDERAL OR STATE AID:
County and Consultant agree that each shall be, and is, empowered to apply for, seek, and obtain
federal and state funds to further the purpose of this Agreement; provided that all applications,
requests, grant proposals, and funding solicitations shall be approved by each party prior to
submission.
48.0 ADJUDICATION OF DISPUTES OR DISAGREEMENTS:
County and Consultant agree that all disputes and disagreements shall be attempted to be resolved by
meet and confer sessions between representatives of each of the parties. If no resolution can be agreed
upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at
public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to
the sailisfaction of the parties, then any party shall have the right to seek such relief or remedy as may
be provided by this Agreement or by Florida law. This provision does not negate or waive the
provisions of Paragraph 40 concerning cancellation.
49.0 COOPERATION:
In the event any administrative or legal proceeding is instituted against either party relating to the
formation, execution, performance, or breach of this Agreement, County and Consultant agree to
participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings,
and other activities related to the substance of this Agreement or provision of the services under this
Agreement. County and Consultant specifically agree that no party to this Agreement shall be required
to enter into any arbitration proceedings related to this Agreement.
50.0 NONDISCRIMINATION:
County and Consultant agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discnimination has occurred, this Agreement automatically terminates without any further action on
the part of any party, effective the date of the court order. County or Consultant agree to comply with
all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination.
These include but are not limited to: I) Title VI of the Civil Rights Act of 1964 (PL 88-352) which
prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education
11114/06
STANDARD AGREEMENT BETWEEN COUNTY AND CONSULTANT
00500-21
2007020lsmg
Card Sound Road Bridges Rehabilitation
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20
USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination
Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age;
5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616) as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism;; 7) The Public Health Service Act of
1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et
seq.) as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note, as 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. Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the basis of race,
color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age. 11) Any other nondiscrimination provisions in any Federal or state
statutes which may apply to the parties to, or the subject matter of, this Agreement.
51.0 COVENTANT OF NO INTEREST:
County and Consultant 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 Agreement,
and that only interest of each is to perform and receive benefits as recited in this Agreement.
52.0 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 relationship; and disclosure or use of certain information.
53.0 SOLICITATION/PAYMENT:
The County and Consultant warrant that, in respect to itself, it has neither employed nor retained any
company or person, other than a bona fide employee working solely for it, to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this Agreement. For the
breach or violation of the provision, the consultant agrees that the County shall have the right to
terminate this Agreement without liability and, at its discretion, to offset from monies owed, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration.
54.0 PUBLIC ACCESS:
The County and consultant shall allow and permit reasonable access to, and inspection of, all
documents, papers, letters or other materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statues, and made or received by the County and consultant in
11114106
STANDARD AGREEMENT BETWEEN COUNTY AND CONSULTANT
00500-22
2007020 I srng
Card Sound Road Bridges Rehabilitation
conjunction with this Agreement; and the County shall have the right to unilaterally cancel this
Agreement upon violation of this provision by Consultant.
55.0 NON-WAIVER OF IMMUNITY:
Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation of the County and
the Consultant in this Agreement and the acquisition of any commercial liability insurance coverage,
self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a
waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the
County be required to contain any provision for waiver.
56.0 PRIVILEGES AND IMMUNITIES:
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and
pensions and relief, disability, workers' compensation, and other benefits which apply to the activity
of officers agents or employees of any of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits of the County
shall apply to the same degree and extent to the performance of such functions and duties of such
officers agents, volunteers, or employees outside the territorial limits of the County.
57.0 LEGAL OBLIGATIONS AND RESPONSffiILITIES:
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it
be construed as, relieving any participating entity from any obligation or responsibility imposed upon
the entity by law except to the extent of actual and timely performance thereof by and participating
entity, in which case the performance may be offered in satisfaction of the obligation or
responsibility. Further, this 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
Florida constitution, state statute, and case law.
58.0 NON-RELIANCE BY NON-PARTIES:
No person or entity shall be entitled to rely upon the terms, or any of them, of the 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 County and the Consultant agree that neither the County
nor the Consultant or any agent, officer, or employee of either shall have the authority 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.
59.0 ATTESTATIONS:
Consultant agrees to execute such documents as the County may reasonably require, including a
Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement.
60.0 NO ]'ERSONAL LIABILITY:
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any
member, officer, agent or employee of Monroe County in his or her individual capacity, and no
11/14/06
STANDARD AGREEMENT BETWEEN COUNTY AND CONSULTANT
00500-23
20070201smg
Card Sound Road Bridges Rehabilitation
member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or
be subject to any personal liability or accountability by reason of the execution of this Agreement.
61.0 EXECUTION IN COUNTERPARTS:
This Agreement may be executed in any number of counterparts, each of which shall be regarded as
an original, all of which taken together shall constitute one and the same instrument any of the parties
hereto may execute this Agreement by signing any such counterpart.
62.0 SECTION HEADINGS:
Section headings have been inserted in this Agreement as a matter of convenience of reference only,
and it is agreed that such section headings are not a part of this Agreement and will not be used in the
interpretation of any provision of this Agreement.
63.0 CONTINGENCY STATEMENT:
Monroe County's performance and obligation to pay under this contract is contingent upon an annual
appropriation by the Monroe County Board of County Commissioners.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first
written above in four (4) counterparts, each of which shall, without proof or accounting for the other
counterparts, be deemed an original contract.
:J: '"
C>
:z: ::>
::Un~
o "'.~-
fT1C-<
.."
0'1
BOARD OF COUNTY COMMISSION~~~':
OF MONROE COUNTY, FLOR1iiA~':
~ If), () ~C'f~
By: 'ItY/~
Mayor/Chairman
(SEAL)
. Attest: bANN)' L KOLHAGE, CLERK
"__J__'-':-C'
By.a~
eputy Clerk
FES 2 1 2007
Date:
(SEAL)
Attest:
CONSULTANT:
By:
By:
.4P~~.~
-
Title:
Title: Son/Dj'" v,.('~ tI'S;r!p,J
By:
f!rr;dLl! I~. t1V.t:"'-~
WITNESS
(!/vCt'z d cJ-S
SUSAN M. IMSlEY
ASSIST~NT COU Y ATTORNEY
Date a< - r.;l.() '7
Title:
.....
<=>
<=>
-'
.."
,..,
<:0
N
co
-.,
r-
fT1
c,
-"
'...,
::::J
::n
r"
('")
;::.:::J
:.:::1
c.:J
-0
:x
o
...,
WITNESS
11/14/06
STANDARD AGREEMENT BETWEEN COUNTY AND CONSULTANT
00500-24
2007020lsmg
Card Sound Road Bridges Rehabilitation
END OF SECTION 00500
11/14/06
2007020lsmg
STANDARD AGREEMENT BETWEEN COUNTY AND CONSULTANT 00500-25
STANDARD FORM OF AGREEMENT BETWEEN
OWNER AND CONSTRUCTION ENGINEER AND INSPECTION
CONSULTANT
CARD SOUND ROAD BRIDGES REHABILITATION
ATTACHMENT A
Classification
Billing Rate per Hour
Senior Project Engineer
CSS/Sr. Inspector
Inspector
Public Information Officer
Scheduler
$103.47
$ 64.72
$ 56.79
$ 71.64
$127.12
Classification
Premium Overtime Rate per Hour
CSS/Sr. Inspector
Inspector
$ 14.16
$ 12.43
Subconsultant Classification
Billing Rate per Hour
Inspector (coatings) Bolton Perez
$140.57
Reimbursable Expenses
Expenses shall be reimbursed on an actual cost basis, with no mark up by the Consultant
or sub consultant; reimbursable expenses include, but are not limited to:
VEHICLES/LICENSE/OPERA TION/MAINTENANCE/MILES/SAFETY
EQUIPMENT
PROJECT SUPPORT
TURBIDITY METER
LIGHT WEIGHT ROLL-A-METERS
SAFETY HARNESS
LANYARD
MARINE VESTS
PROTECTIVE CLOTHING
MISC FIELD EQUIPMENT
ELECTRICAL SET UP. WATER TAP
JANITORIAL SERVICES
PEST CONTROL
SECURITY SET-UP
SECURITY MONITORING
UTILITIES
COPY MACHINE
STANDARD FORM OF AGREEMENT BETWEEN
OWNER AND CONSTRUCTION ENGINEER AND
INSPECTION CONSULTANT
CARD SOUND ROAD BRIDGES REHABILITATION
ATTACHMENT A (pg 2)
COPY MACHINE MAINTENANCE
VIDEO CAMERA
DIGITAL. CAMERA
DIGITAL. CARD
NEXTEL. UNITS
AIRTIME RADIO (SPE)(20% tax/fees used)
AIRTIME RADIO (CSS/SR, INS,PI0)(20%tax/fees used)
RADIO/PHONE INSURANCE (PER MONTH)
PHONE INSTAllATION (2 Voice/1 Data) & DSl(incl install)
OFFICE PHONE SYSTEM USE
TEL.EPHONES(SPE,CSS/SR)
L.APTOP
DESK TOP COMPUTERS (P-IV, 2.0 GHz)(including shipping each unit)
NETWORK HUB/ROUTER
UPS BATTERY BACK-UP
LASER PRINTER & FAX
SCANNER
COLOR INKJET PRINTER
SYSTEM MAINTENANCE
MICROSOFT OFFICE
ANTIVIRUS SOFTWARE
PHOTO MANAGEMENT SOFTWARE - THUMBS PLUS
IMAGE TOOL. SCANNING SOFTWARE
PRIMAVERA
TRAVEl.
lODGING/MEAL.S/AIRFARE/RENTAL. CAR/TOllS
PUBLIC INFORMATION EXPENSES
Fliers/fact sheets/ advertisements/ intemeU postage - misc.
Project start-up notification
Card Sound bridge notification
ComputHr and printer
Digital camera
Project Presentations/ projector/ screen
MISC CONSUMABlES/OFFICE FURNITURE/POSTAGE/ETC
ACORD"
CEnTIFICA TE OF LIABILITY INSURANCE
PRODUCER
Senal # 506690
Aon Risk Service~;, Inc. of New York
199 Water Street
New York, NY 10038
PHONE: 86Il-266-7475
FAX: 866467-7847
INSURED
PARSONS BRINCKERHOFF CONSTRUCTION SERVICES, INC
ONE PENN PLAZA
NEW YORK, NY '10119
DATE IMMIDD/YYI
02/22/2007
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BElOW,
COMPANIES AFFORDING COVERAGE
I ~;'M~A"Y AMERICAN CASUA~TY CO, OF REA~~-G PA -;AIC #20427)
COM;ANY XL INSURANCE AMERICA, INC INAIC #24554)
-- ----- -- ----
COM~ANY TRANSPORTATION INSURANCE COMPANY (NAIC #20494)
COMPANY
i 0
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B Y 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.
~~- -- TYPE OF IN~URANCE ---~ POLICY NUMBERI;g;~~~~~;~i~~~ ~~~~Y(~~~~~~;~~N . ---L1MIT~--
A Ci':NERALLlABILlTY GL 2077470945 '11/01/2006 11/0112007 i"""'ERALAGGREGATE_~
X 'COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY (A/S) PRODUCTS _ COMPIOP AGG $
C ~--I CLAIMS MADE 'j:J OCCUR i GL 2077470959 r-~E~SONAL & ~-~V_I_NJURY --_ $
OWNER'S & CONTRACTOR'S PROT iGENERAL LIABILITY-STOP GAP :-EACH OCCURRENCE $
:)( BLANKET CONTRACTUAL L1AEIINCL -;;:IRE DAMAGE (Any on~ fire) $
I _n_ ----- -~r----
MED EXP (Anyone person) $
--- --- ----
A AUTOMOBILE LIABILITY BUA 2077469066
-1
X ANY AUTO COMMERCIAL AUTO
ALL OWNED AUTOS BUA 2077469116 PD
FI ~~~o~ ."'~ AUTO PHYSICAL DAMAGE
HIRED AUTOS $500 DED CaMP
NON.OWNED AUTOS $1,000 DED CaLL
im -------- ---
GARAGE LIABILITY
1--
~___! ANY AUTO
-1-m -- -----
B EXCESS LIABILITY , U S00007 463 LI 06A
:XJ UMBRELLA FORM
i OTHER THAN UMBRELLA FORM
A WORKER'S COMPENSATION AND
A EMPLOYERS' LIABILITY
C
THEPROPRIETORf
PARTNERs/EXECUTIVE
OFFICERS ARE
WC 2077470878 AOS
'wc 2077470900 CA ONLY
~"'q WC 2077470914 RETRO (ORVA,WI)
X INCL
EXCL
OTHER
.3QOo,ooll..
~~OO~~
_1,goO,!JQQ",
1 ,000,000
300,000
5,000
11/0112006
11/0112007
COMBINED SINGLE LIMIT
1$ 2,000,000
1 ----- --
$
-- .--- --
k en " n rp~~~,Y~~:RY
I~ ~ \,'jiOL ~~Ia.~~~~'~i:O~)RY
. J- 9-1 [P - 0 JpROPERTY :AMr:-
$
r----
$
11/0112006
,'~ UTO ONLY - EA ACCIDENT. j $ __
OTHER THAN AUTO ONLY:
--,-------- ----- --. ---
EACH ACCIDENT $
--- --- ----- --
AGGREGATE i $
~~CHOC~U~REN.CE _ -------t-. $;______ ._--J~~o~~
~GR_EGATEf,- 1 ,OOO-,-OQO ..
11/0112007
11/0112006
11/0112006
11/0112006
f2<-l;WCSTATIJ. LJuO~TH-'
~ORY LIMITS _ E~_ _____
-- --,,------,---
_E~ EACH ACCIDENT_ __ $ ___, 1 ,OOQL9~~
EL DISEASE - POLICY LIMIT $ 1 000 000
c------ r--' , .
EL DISEASE - EA EMPLOYEE 1$ 1 000 000
11/0112007
11/0112007
11/0112007
I
DESCRIPTION OF OPERATlONS/LOCATIi:>NSNEHICLES/SPECIAL ITEMS
(PB #173868) CARD SOUND ROAD BRIDGES REHABILITATION, MONROE COUNTY, FL, EXCLUDING WORKERS COMPENSATION, MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS ARE INCLUDED AS AN ADDITIONAL INSURED WITH RESPECT TO LIABILITIES ARISING OUT OF PB'S
OPERATIONS. THIS INSURANCE IS PRIMARY ANO NONCONTRIBUTORY TO ANY OTHER INSURANCE HELD BY THE ADDITIONAL INSURED_ A
WAIVER OF SUBROGATION APPLIES IN FAVOR OF THE ADDITIONAL INSURED_
CERTIFICATE: HOLDER CANCELLATION
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ATTN: DAVIS S, KOPPEL, PE
1100 SIMONTON STREET
KEY WEST, FL 33040
,
ACORD 25-8 (1195)
PARSON_2Q()() 2S'S,FP3PARSONS LIABILITY 06-07.FPS
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KINO UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHOR~EPRESENTA~
7)WL<<.O/~
10242936
@ACORDCORPORATION 1988
POLICY Nill1BER: GL 2077470945 A/S COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
(if no ent.ry appears above, information required to complete this
endorsement will be shown in the Declarations as applicable to this
endorsement. )
WHO IS AN INSURED (Section II) is amended to include as an insured
the person or organization shown in the Schedule, but only with
respect to liability arising out of "your work" for that insured by
or for you"
PB #173668
CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984
Serial #: 506690 Page 2
ADDITIONAL INSURED
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO COVERAGE FORM
THE PROVISIONS AND EXCLUSIONS THAT APPLY TO LIABILITY COVERAGE ALSO APPLY
TO THIS IENDORSEMENT
ANY PERSON OR ORGANIZATION THE NAMED INSURED IS OBLIGATED TO PROVIDE
INSURANCE WHERE REQUIRED BY A WRITTEN CONTRACT OR AGREEMENT
IS AN INS:UREO. BUT ONLY WITH RESPECT TO LEGAL RESPONSIBILITY FOR ACTS OR
OMISSIONS OF A PERSON FOR WHOM LIABILITY COVERAGE IS AFFORDED UNDER THIS
POLICY.
THE ADDIITIONAL INSURED IS NOT REQUIRED TO PAY FOR ANY PREMIUMS STATED IN
THE POLICY OR EARNED FROM THE POLICY. ANY RETURN PREMIUM AND ANY
DIVIDENCI, IF APPLICABLE, DECLARED BY US SHALL BE PAID TO YOU.
YOU ARE AUTHORIZED TO ACT FOR THE ADDITIONAL INSURED IN ALL MATTERS
PERTAINING TO THIS INSURANCE.
THE ADDITIONAL INSURED WILL RETAIN ANY RIGHT OF RECOVERY AS A CLAIMANT
UNDER THIS POLICY.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
PB #173668
This endorsement ill pert of YOIlr pOlicy and takes effect on the effecdve daIS of your policy, unless another
effecllve date is shown below.
Must Be C;ompleted
Complete Only When This EndorSement Is Not Pnepared
With the Poli.cy Or Is NOIto be Effective with the Policy
ISSUED TO: EFFECTiVE
PARSONS BRINCKERHOFF DATE OF THIS
CONSTRUCTION SERVICES, INC. ENDORSEMENT
ENDT. NO.
1
POLICY NO.
B UA2077 469066
C'NA
COuntersigned by
TlilAU {) ~
Authorized Representative
BFBlM22BA05
G-39543A
MARSH CERTIFICATE OF INSURANCE CERTIFICATE NUMBER
NYC-002620866-01
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
MARSH USA, INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
FINPRO POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
1166 AVENUE OF THE AMERICAS AFFORDED BY THE POLICIES DESCRIBED HEREIN.
38TH FLOOR COMPANIES AFFORDING COVERAGE
NEW YORK, NY 1 IJ036
COMPANY
36157-CONST-PL- A ZURICH AMERICAN INSURANCE COMPANY
INSURED COMPANY
Parsons Brinckerhoff B
Construction Services, Inc.
One Penn Plaza COMPANY
New York, NY 101 '19 C
COMPANY
D
COVERAGES ThiS certificate supersedes and replaces any previously issued certificate for the policy period noted below. 2
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDIT10N OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
co TYPE OF INSURANCE: POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MM/DD/YY) DATE (MMIDD/YY)
GENERAL LIABILITY GENERAL AGGREGATE $
-
COMMERCIAL GENERAL LIABILITY PRODUCTS - COMPIOP AGG $
I CLAIMS MADE [] OCCUR PERSONAL & ADV INJURY $
f- OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $
FIRE DAMAGE (Anyone fire) $
MED EXP (Anvone DersOn) $
AUTOMOBILE LIABILITY $
- COMBINED SINGLE LIMIT
- ANY AUTO
- ALL OWNED AUTOS BODILY INJURY $
(Per person}
- SCHEDULED AUTOS
- HIRED AUTOS BODILY INJURY $
(Peraccidant)
- NON-OWNED AUTOS
PROPERTY DAMAGE $
GARAGE LIABILITY ~.( ta.. Q/ AUTO ONLY - EA ACCIDENT $
f-
f- ANY AUTO OTHER THAN AUTO ONLY:
"'~--() 1, EACH ACCIDENT $
f-- l $
" . AGGREGATE
EXCESS LIABILITY ~ EACH OCCURRENCE $
R UMBREllA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND I we STATU., I 10TH.
EMPLOYERS' LIABILITY TORY LIMITS ER
EL EACH ACCIDENT $
THE PROPRIETORI F~'NeL EL DISEASE.POLlCY LIMIT $
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $
OTHER
A PROFESSIONAL LIABILITY EOC 5871036-04 11/01/06 11/01/07 $1,000,000 PER CLAIM
$1,000,000 AGGREGATE
DESCRIPTION OF OPERATlONS/LOCATlONSIVEHICLES/SPECIAL ITEMS
PB #173668 NAIC #16535
Project Name: Card Sound Road Bridges Rehabilitation, Monroe County, FL
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL _--30. DAYS WRITTEN NOTICE TO THE
Monroe County Board CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLfGATION OR
of County Commissioners
Attn: David S. Koppel, P.E. LIABIUTY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE
1100 Simonton Street ISSUER OF THIS CERTIFICATE
Key West, FL 33040 MARSH USA INC.
Dennis M. Baez \...~... ..'" ~........,.
BY:
MM1(3/02) VALID AS OF: 02/22/07