09/20/1995 Agreement
J.lannp 1.. ~o(tJagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA~ 33050
TEL. (305) 289-6027
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
MEMQBAHJ2YM
TO:
Bob Herman, Director
Growth Management Division
Isabel C. DeSantis, Deputy Clerk!).C.e.
October 23, 1995
FROM:
DATE:
At the Board of County Commissioner's meeting of September 20,
1995, the Board granted approval and authorized execution of a
Contract: between Monroe County and CH2MHill, Inc. for the
completi.on of the Marathon Wastewater Facilities Plan.
Attached hereto is a fully executed duplicate original of the
subject Contract for return to the Engineer.
Should you have any questions, please do not hesitate to contact
me.
CC: County Attorney
County Administrator
Finance
vFile
CONTRACT FOR A WASTEWATER FACILITIES PLAN
THIS CONTRACT is entered into by MONROE COUNTY, a political subdivision of
the State ()f Florida, whose address is the Marathon Government Center, 2798 Overseas
Highway, J'Aarathon, Florida 33050, hereafter the County, and CH2MHILL, INC., a Florida
corporatic)n, whose address is 800 Fairway Drive, Suite 350, Deerfield Beach, Florida,
33441 , herteafter the Engineer.
Sec:tion 1. The Engineer represents that it is professionally qualified to produce
the waste'Nater facilities plan for the middle Florida Keys, described in greater detail in
Section 3 ()f this contract. The wastewater facilities plan is referred to throughout the
2 ...."
rest of this contract as the plan. Portions of the plan are referred to &r T~ks, ~bta~,
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or work pr()ducts.
Section 2.
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The Engineer must commence work on the plan by 2cfSeptem(ir, 1 ~5,
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A.
and satisfolctorily complete and deliver the plan by 18 May, 1997.
B. The coral reefs adjacent to the Florida Keys are an ecological treasure of
this state ()nd the country as well as being the backbone of the County's tourist
economy. The reefs are also slowly being damaged by sewage and septic pollution.
The plan is an essential step in ending that pollution and restoring the health of the
reefs. The plan commencement and completion dates are also subject to the time
constraints for submittal of an application for priority listing with the State Revolving
Loan pro~~ram administered through the Florida Department of Environmental
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Protection. Therefore, timely completion of the project is of the utmost importance to
the County.
See:tion 3.
A. The planning area covered by this contract is from the Seven Mile Bridge
up to and including Conch Key.
B. The Engineer must carry out and complete the plan as follows:
1. Task I - Review of Existing Documentation
a. The Engineer must review existing documentation including,
but not lirrlited to, the Monroe County and City of Key Colony Beach Comprehensive
Plans, the Florida Keys National Marine Sanctuary (FKNMS) Draft Management Plan, the
FKNMS Welter Quality Protection Plan Phase I and II Reports and the Implementation
Plan for thE~ Water Quality Protection Plan.
b. The Engineer must assess the current status of the Water
Quality Pn)tection Plan Implementation and activites, Pollution Loading Reduction
Goal studies, the HRS Alternative On-site Sewage Disposal System Study and other
local, regi()nal, and national efforts to reduce nutrient loading from wastewater. The
Engineer rnust determine the usefulness of those products in relation to the goals,
objectives, and policies of the Monroe County 2010 Comprehensive Plan and those of
the Key Cc)lony Beach Comprehensive Plan. The Engineer must also review the tracer
study by J()hn Paul, et aI., and consider what has been done and what needs to be
done vis a vis the requirements of the Marathon Area Wastewater Facilities Plan.
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c. The Engineer must then prepare a summary of the
documents described in tasks I (a) and (b) and assess their applicability to the
Marathon Area wastewater facilities plan.
d. In order to assist the Engineer in carrying out tasks I (a)-( c), at
the requ€.st of the Engineer, the County must promptly provide the Engineer with a
current C()py of the Monroe County 2010 Comprehensive Plan--both technical and
policy do(:uments, a copy of the Key Colony Beach Comprehensive Plan, and a
current CQIPy of the County's rate of growth ordinance.
2. Task II. The preparation of a Marathon Area Wastewater Facilities
Plan.
a. General Discription - The Marathon Area wastewater
facilities pllan must be prepared by the Engineer in such a way to evaluate feasible
wastewatE~r treatment, collection, and disposal alternatives that meet applicable
water quality and public health criteria. The Engineer must evaluate alternatives for a
20-year pl()nning period based on goals defined in the County's Comprehensive Plan
for nutrien1" removal and water reuse. Feasibility must be assessed on the basis of cost
effectivenE~ss. The three aspects of wastewater noted above--treatment, collection
and disposal--must be considered separately by the Engineer in the various work
products olnd then together in the plan.
b. Subtask II A - Wastewater Flow, EDU Projections, and Service
Area.
( 1 ) The Engineer must establish wastewater flow and
equivalent dwelling unit (EDU) projections for the planning area for a 20-year planning
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period. The Engineer must use Florida Keys Aqueduct Authority water use records,
Monroe Pllanning Area Enumeration Districts (PAEDs), Monroe County property records,
and Monroe County Comprehensive Plan permanent and seasonal population
projections to establish the wastewater flow and EDU projections.
(2) By using the information generated under Subtask II
A(b) (1) and reviewed under task I, the Engineer must identify the Marathon Area
wastewat<<3r facilities plan service area. Then the Engineer must establish wastewater
flow and EDU projections for the identified service area for the 20-year planning period.
(3) The Engineer must submit, for review and approval by
the County, a technical memorandum summarizing the approach and projections
used by the Engineer in identifying the Marathon Area wastewater facilities service
area. As a result of acknowledged time constraints, the Engineer may proceed to
subsequent Subtasks prior to complete review and approval of the technical
memorancJum by the County. However, upon completion of the County's review, the
Engineer \Nill make make any needed changes in the document based on the
County's fCJctual assessment of its content or make any necessary adjustments in their
project din3ction based on that same assessemnt.
(4) In order to assist the Engineer in carrying out Subtasks
II A( 1 )-(3), at the request of the Engineer, the County must promptly provide the
Engineer \^v'ith a current Monroe County Comprehensive Plan, permanent and seasonal
population projections, a current copy of the Rate of Growth Ordinance, the Florida
Keys Aque(juct Authority water use records for the most current 12-month period for the
entire planning area, an electronic base map with parcel identification numbers, the
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Property Appraiser's database (linked to parcel numbers or base map), the planning
department database (linked to parcel numbers or base map), and the building
official's database {linked to parcel numbers or base maps}.
c. Subtask II B - Wastewater Treatment Plant Siting Analysis.
{ 1 } The Engineer must identify all sites in the service area
that are Ibetween 5 and 1 0 acres for decentralized wastewater treatment plants
{WWTP} and more than 10 acres for a centralized WWTP. Those sites must be identified
on the base map. The Engineer must use the selection criteria listed below and narrow
the site list down the three 5 acre sites and three 1 0 acre sites. The selection criteria,
which must be tabulated for the six sites, are:
{a} map location;
{b} present zoning;
{c} adjacent land uses;
{d} neighborhood character
{e} environmental considerations (terrestrial and aquatic
habitats, wildlife, water quality, etc.);
(f) ownership {public or private};
{g} development constraints'
(h) proximity to the potential service area; and
(i) market value.
The Engineer must rank the six potential decentralized and centralized WWTP sites and
make prelirninary WWTP site recommendations.
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(2) A technical memorandum that summarizes the
evaluation process and recommends the six WWTP sites must be submitted by the
Engineer to the County for review and approval.
In ()rder to assist the Engineer in carrying out Subtask II B ( 1 ), at the request of the
Engineer, the County must promptly provide the Engineer with FMRI HRS permit and
cesspit lo(:ations on aerial photos and the most recent aerial photos of the service
area.
d. Subtask II C - Inventory Wastewater Treatment Plants In The
Planning J\rea.
( 1 ) The Engineer must evaluate the up to 70 existing
wastewatE~r management facilities under FDEP jurisdiction that are in the planning
area. The engineer must visit all facilities with design flows equal to or exceeding 0.020
MGD (ap~)roximately 20). Evaluation of the remaining facilities may be based on
information provided by FDEP. The Engineer must identify all facilities on a base map.
(2) Based on information provided by FDEP, the Engineer
must comloile a summary of current violations, consent orders, current enforcement
actions and relevant special permit conditions that may impact the continued
operation ()f any of the WWTPs.
(3) In order to assist in the evaluations conduced in other
Subtasks, the Engineer must rank the facilities on the basis of age, condition of the
facility, reuse capabilities, and excess capacity.
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(4) The Engineelr must submit to the County for review
and approval a technical memorandum that summarizes the wastewater facilities
targeted for utilization or replacement.
(5) In order to assist the Engineer in carrying out Subtask II
C, upon the request of the Engineer, the County must promptly provide the engineer
with the I()cations of all FDEP permitted treatment plants on an electronic base map
(AutoCad or compatible format).
e. Subtask II D - Planning Area Characteristics.
(1 ) The Engineer must summarize the existing
documentation of the climatological, geologic, topographic, hydrologic and
institutionall characteristics of the planning in a report to the County for its review and
approval.
f. Subtask II E - Wastewater Treatment Alternatives.
( 1 ) The Engineer must prepare a technical memorandum
outlining a wide range of possible wastewater treatment alternatives. The engineer
must evaluate a maximum of three alternatives in depth. In the memorandum, the
Engineer n1ust discuss the alternative methods for removing critical nutrients such as
nitrogen and phosphorus compounds to AWl standards (5/5/3/1 BOD/TSS/N/P). The
pros and c:ons to effective disposal of these compounds must be addressed. The
memoranc~um must also contain a discussion of feasible water conservation practices.
(2) The Engineer must prepare a technical
memorancjum, for County review and approval, that summarizes the wastewater
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treatment alternatives and evaluates cost, benefits, and the feasibilty associated with
the three most feasible alternatives.
(3) In order to assist the Engineer in carrying out Subtask II
E, at the r1equest of the Engineer, the County must promptly provide the Engineer with
copies of (111 ordinances that require water conserving plumbing facilities.
g. Subtask II F - Collection Alternatives.
( 1 ) The engineer must prepare a technical
memoraneJum outlining feasible wastewater collection alternatives. The Engineer must
give consideration to the future needs of areas currently treating wastewater with on-
site systerrls and to those areas that currently have on-site collection systems such as
package treatment facilities. The Engineer must evaluate the feasibility and cost
effectivenless of wastewater collection alternatives for a 20-year planning period. The
Engineer must consider both centralized and decentralized approaches. The
justification for recommended alternatives must be presented. The evaluation of each
wastewatE~r collection alternative must include:
(a) Discussion of applicable source collection and transmission
technologies; including gravity sewers, septic tank effluent
pumps (STEP), grinder pumps, and vacuum systems;
(b) Utilization of existing collection systems;
(c) Evaluation of centralized and decentralized approaches to
wastewater collection and treatment;
(d) Inclusion of "problem areas" into the system (cesspits or
high-density septic tank development);
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(e) Discussion of regionalization of existing WWTPs, including
minimum establishment of criteria for acceptance of private
systems for connection to or for ownership by the utility;
(f) Evaluation of benefits, feasibility and cost for the three most
promising wastewater collection alternatives.
(2) The Engineer must also provide a discussion of
septage rYlanagement regionalization for septic systems remaining in use.
(3) In order to assist the Engineer in carrying out Subtask II
F, if requested by the Engineer, the County must promptly provide the Engineer with
locations cJf all FDEP permitted wastewater treatment plants on an electronic base
map (Autc)Cad or compatible format) and a current copy of the Monroe County 2010
ComprehE~nsive Plan, both the technical and policy documents.
h. Subtask II G - Disposal Alternatives.
( 1 ) In establishing feasible alternatives, the Engineer must
address all categories of effluent disposal (reuse, ground water and surface water).
The Engineer must provide technical memorandum outlining wastewater disposal
alternatives. In order to assess the feasible alternatives, the following evaluations must
be made:
(a) An inventory of existing and potential sites for reuse of
reclaimed wastewater within the Planning Area.
(b) An evaluation of the possibilities for deep well injection for
effluent disposal.
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(c) An evaluation of the feasibility of shallow well (Class V)
injection for effluent disposal.
(d) An evaluation of the possibilities for surface water disposal of
effluents. Waster quality impacts must be evaluated as well
as the possibilities of receiving NPDES permits. It is widely
recognized that surface water discharge is not advisable
and NPDES permits would be difficult if not impossible to
obtain in South Florida, the Florida Keys, and the FKNMS. The
alternative must however be addressed.
(e) The need to dispose of sludge including the possibility to
dispose of such nutrient stripping by-products as Alum/P04
will be considered. This evaluation will include the feasibility
and cost effectiveness of handling all sludge and septage
from the Marathon Area at a centralized WWTP that would
be built to serve the service area.
(2) The Engineer shall provide an evaluation of benefits,
feasibility, (Jnd costs for the three most promising wastewater disposal alternatives.
(3) In order to assist the Engineer in carrying out Subtask II
G, at the nequest of the Engineer, the County must promptly provide the Engineer with
all the sluejge and septage annual disposal records, broken down on a month-by-
month basis, at the Cudjoe Key, Long Key, and Key Largo facilities for the past 5 years.
j. Subtask II H - Facility Management Alternatives.
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( 1 ) The Engineer will inventory the existing institutional
structure(s) that operate and maintain wastewater facilities. A discussion of typical
operating and maintenance costs as well as typical management problems will be
undertakes. This activity will involve discussions with wastewater operators, regulatory
agencies, and other technical resources, as well as members of the Technical Advisory
Committee.
(2) The Engineer will investigate and describe potential
institutioncll entities, in addition to existing ones, that may be considered for
managerrlent of the wastewater facility. Regulatory, financial, and management
perspectiv'es will be evaluated relative to effectiveness and feasibility of
implementation. Other factors that need to be addressed, as identified during the
research r~)hase will be included in the discussion of potential options.
(3) As a result of activities B. 2. j. (1) and (2) above, the
Engineerr 'will provide a technical memorandum outlining the alternatives for facility
management, and will contain a preferred option for consideration by the Board of
County CClmmissioners.
k. Subtask III - Prepare a Draft and Final Facilities Plan.
(1 ) The Engineer must provide both a draft and final
WastewatE~r Facilities Plan that incorporates each of the Subtasks required above.
Though each of these Subtasks may simply be provided as "chapters" in the Facilities
Plan, a thc)rough synthesis of the chapters must be provided by the Engineer that
integrates leach into a complete and whole package for purposes of implementation.
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(2) A cost analysis of the alternatives must be provided
by the Engineer in the Facilities Plan. The costs, benefits, and economic feasibility of
the alternatives discussed in the reports required above (Subtasks II A, through II H.)
must be (]nalyzed. Since the process of reviewing alternatives is iterative and the
Board of Commissioners will review many alternatives initially, preliminary economic
feasibility analyses need not be as detailed as analyses for alternatives that are
ultimately selected by the Commission for implementation.
(3) The planning area extends from the Seven Mile
Bridge to (::onch Key. Within this planning area, the proposed "service area" will be
identified ()nd justified. The areas that are ultimately to be served under this wastewater
facilities plan must be identified by the Engineer. The principle reasons for limiting the
planning (Jrea to a smaller service area must be based on a cost/benefit feasibility
analysis.
(4) The Engineer must provide an implementation plan
that outlines the phasing options for wastewater collection, treatment, and disposal
alternatives to be selected by the Board of County Commissioners.
(5) The Engineer must prepare a preliminary plan for
utility staffing, including personnel and man-hours required for operation, maintenance
and administration.
(6) The Engineer must promptly and satisfactorily address
comments resulting from the required submittal of the Wastewater Facilities Plan to the
State Clearinghouse, Executive Office of the Governor for interdisciplinary review in the
final Wastewater Facilities Plan.
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I. Subtask II J - Submission of Draft Facilities Plan to state
Revolving Loan Program For Funding.
( 1 ) The Engineer must prepare an application for review
by the Cc)unty and submit the application, after authorization by the County, to the
State Rev()lving Fund loan program.
(2) Other project funding options, such as Community
Development Block Grants and Farmers Home Administration grants and loans, may be
available C.lS well. These will be identified by the Engineer in Subtask III. Applications to
these funding sources may be made as an amendment to this work authorization.
3. Task III - Five Year Capital Financing Plan.
a. The engineer must prepare a five year capital financing
plan that i(Jentifies how the necessary wastewater facilities will be financed.
4. Task IV - Public Participation Program.
(a) The Engineer and the County must conduct a public
participatic)n program so that local input is received as part of the the decision making
process prior to the adoption by the affected local governmental entities of the
wastewater facilities plan and the five year capital financing plan. The Engineer will be
responsiblE~ for completing one public meeting which involves the entire project
planning area and an additional 6 public meetings which involve individual sub-areas
of the project planning area.
5. Task V - User Charge System and Draft User Charge Ordinance.
a. The engineer must prepare a user charge system (UCS) and
draft a user charge ordinance (UCO).
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6. Task VI- Draft Sewer Use Ordinance
a. The Engineer must prepare a draft sewer use ordinance.
7. Task VII- Draft Dispute Resolution Ordinance
The Engineer must prepare a draft dispute resolution ordinance.
8. Task VIII - Basis of Design Memorandum.
a. As a component of the Wastewater Facilities Plan, the
Engineer I'nust prepare a preliminary design report consisting of a Basis of Design
Memorandum that includes:
(a) Service area description,
(b) Design EDUs, flows and loads;
( c ) Wastewater characteristics;
(d) Treatment Process Description including:
1 . Treatment level
2. Unit processes
3. Unit operations
4. Conceptual site plan for selected site
(e) Wastewater collection system design criteria and
conceptual design.
(f) Effluent disposal system design criteria and conceptual
design.
(g) Preliminary estimate of construction cost.
9. Task IV - Meetings with Board of County Commissioners and
Technical Advisory Committee.
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a. Meetings must be held with the Monroe County Board of
County Commissioners and the Technical Advisory Committee to report project status
and receive comments. Meetings included in this task are limited to the following:
1 · Board of County Commissioners: Not to exceed
twelve meetings at BOCC meeting locations.
2. Technical Advisory Committee: Not to exceed six
meetings in Marathon.
C. The following requirements apply to all the Tasks and Subtasks performed
by the Engineer under Section 3 of this contract:
1 · The wastewater facilities plan must be based on a 20-year
planning period.
2. The cost estimates prepared as part of both facilities plans must be
based on order-of-magnitude costs (level of accuracy of +50 to -
30 percent) developed from the conceptual level planning.
3. The evaluation of potential areas for wastewater treatment plants
are not to include site specific investigations.
4. The County and Technical Advisory Committee must review all
draft documents and provide comments to the Engineer with a
two week period after receipt of each draft component of the
project.
5. Deliverables will be provided to the County in the following form:
a. Subtask drafts of technical memoranda: one reproducible
copy must be provided.
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b. Draft Wastewater Facilities Plan: 50 bound copies must be
provided.
c. Final Wastewater Facilities Plan: 50 bound copies must be
provided.
d. The Preliminary Design Report is part of both the draft and
the final Wastewater Facilities Plan.
Section 4.
A. The total compensation due the Engineer for satisfactorily completing the
plan is $314,000, hereafter the contract price. The Engineer may not receive
compensation for any work performed that is not described in Section 3 of this contract
unless the work is approved in writing by the Board of County Commissioners.
B. The partial payment schedule, and Task or Subtask completion dates, are
as follows:
Task Task or Subtask Deliverable Completion Date Amount
No. Payable
I 1. A report which synthesizes the results of other
(jocuments outlining current knowledge, issues,
()nd solutions for wastewater treatment
problems in the Florida Keys October 15, 1995 $7,000
II-A 2. An report outlining Wastewater Flow & EDU
Projections October 30, 1995 $20,000
II-B ~3. A report outlining WWTP Siting Analysis November 15, 1995 $25,000
II-C ~4. A report which summarizes existing
\Nastewater facilities in the planning area. October 30, 1995 $15,000
II-D ,- A report which summarizes Planning Area
~..) .
C:haracteristics. October 15, 1995 $3,000
II-E 6. A report outlining a wide range of possible
vvastewater treatment alternatives. November 30 , 1995 $20,000
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II-F 7. A report outlining feasible wastewater
collection alternatives. November 30, 1995 $30,000
II-G 8. A report outlining wastewater disposal November 30, 1995 $30,000
alternatives.
II-H 9. A report outlining alternatives for Facility
Management. November 30, 1995 $1 0,000
II-I 10. A Draft Wastewater Facilities Plan. February 28, 1996 $45,000
II-I 11. A final Facilities Plan. May 18, 1997 $20,000
II-J 12. Submit Draft Wastewater Facilities Plan for
SRF and other Funding. March 15, 1996 $5,000
III 13. A Draft Capital Financing Plan. February 28, 1996 $10,000
III 14. A Final Capital Financing Plan. May 18, 1997 $2,000
IV 15. A Public Participation Documentation February 28, 1996 $30,000
V 16. A User Charge System and Draft User
Charge Ordinance. February 28, 1996 $20,000
V 17. A Final User Charge Ordinance May 18, 1997 $2,000
VI. 18. A Draft Sewer Use Ordinance February 28, 1996 $5,000
VI 19. A Final Sewer Use Ordinance May 18, 1997 $1 ,000
VII 20. A Draft Dispute Resolution Ordinance February 28, 1996 $5,000
VIII 21. A Preliminary Design Report February 28, 1996 $9,000
C. The payment for Tasks and Subtasks may not be made until the Task or
Subtask has been determined to be satisfactorily completed by the County's Directors
of Marine Resources and Growth Management. A payment must be made in full within
20 days of the determination that the Task or Subtask was satisfactorily completed. The
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Engineer may not receive the final payment until the documents and data have been
turned over as provided in Section 16. The Engineer's subcontractors are not third party
beneficieries under this contract, are not in privity with the County, and may not seek
payment from the County for any amount owed them by the Engineer. A sentence
similar to the preceeding must be in all Engineer/subcontractor/subconsultant
contracts that are funded, in whole or in part, through this agreement.
Sec:tion 5. This contract is funded by an agreement with the State of Florida.
If state funding is terminated, the County may elect to abandon the plan. If the
County so elects, it must immediately notify the Engineer in writing. The Engineer must
cease all work on the plan upon receipt of the County's abandonment letter. The
Engineer must also turn over to the County all plan work product whether complete or
not. The County must then pay the Engineer that portion of the contract price for the
plan that is equivalent to the work turned over minus the amount paid for completed
Tasks or Subtasks previously made. The County's reasonable determination of the
portion of the contract price due is final.
Section 6. The Engineer warrants that all the work constituting the plan will be
performed in a competent and professional manner. The Engineer warrants the
completeness and accuracy of all work constituting the plan. The Engineer must,
without additional compensation, promptly correct any errors, omissions, deficiencies
or conflicts in the work that make up the plan provided that the County has notified the
Engineer within 30 calendar days of the discovery thereof, and within three years after
the completion of the work, and the Engineer's liability thereof shall be limited to such
correction.
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Section 7. The Engineer must have insurance of the amount and type
described in Exhibit A. Exhibit A is attached and incorporated into this contract.
Section 8. The Engineer acknowledges and agrees that public use of any or
all reports or other printed materials, videos, audio recordings, films and photographs
produced as part of this plan may not be restricted under the copyright laws of the
United States of America.
Section 9. Records of the Engineer's direct personnel payroll and other costs
and expenses pertaining to the plan and records of the accounts between the County
and the Engineer must be kept on a generally recognized accounting basis and must
be available to the County or its authorized representative or representatives of the
Florida Department of Environmental Protection (DEP) upon reasonable notice and
during normal business hours. The records also must be in form sufficient to permit a
grant specific audit to be performed in accordance with the rules of the Auditor
General. The Engineer must keep the records for three years following the completion
of the plan. This contract is funded through DEP Contract No. SP333 between the
County and the DEP. A copy of that agreement is attached to this contract as Exhibit B
and incorporated by reference. If any audit, payroll, or other financial recordkeeping
requirement of the County /DEP agreement is in conflict with, or has a stricter or more
detailed requirement than, this Section, then the requirement of the County /DEP
agreement prevails.
Section 1 O. The Engineer warrants that he has not employed or retained any
company or person, other than a bona fide employee working solely for the Engineer
to solicit or secure this contract and that he has not paid or agreed to pay any person,
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company, corporation, individual, or firm, other than a bona fide employee working
solely for the Engineer any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this contract. For the breach
or violation of this provision, the County shall have the right to terminate the contract
without liability and, at its discretion, to deduct from the contract price, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
Section 11. The Engineer may not assign or subcontract its obligations under
this contract without the written consent of the County except for subcontracts with the
following firms:
1 . Lindahl, Browning, Ferrari and Hellstrom, Inc.;
2. Continental Shelf Associates, Inc.; and
3. Katz, Kutter, Haigler, Marks, Bryant & Yon, P.A.
The County's consent to the three subcontractors listed does not in any way relieve or
excuse the Engineer from the complete performance of all his duties and obligations
under this contract.
Section 12. The Engineer acknowledges that all records, data, and documents
created as part of the plan are public records under Chapter 119, Florida statutes. As
a result, they must be made available at a reasonable place and time upon the
request of a member of the public. Failure to do so is a breach of this contract entitling
the County to treat the contract as terminated on the date of the violation of Chapter
119, Florida statutes, with the County's obligation to pay extending only to work
completed as of that date plus amounts previously retained, if any.
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Section 13. The preliminary examination or review by a County officer or a
County employee of any plan work product to determine generally if the plan is
proceeding in accord with Sections 3 and 4 does not constitute a determination of
satisfactory completion. Therefore, the Engineer is not entitled to rely on any
preliminary examination or review as a determination of satisfactory completion or as a
condition precedent to partial or final payment.
Section 14. The Engineer must indemnify and hold harmless the County from
and against all liability, claims and damages, loss, costs and expense arising out of any
negligent act or omission that results in injury to third persons or their property occuring
as a result of carrying out the work required by this contract. If the County is alleged to
be liable on account of such negligent act or omission, then the Engineer must defend
the allegations through counsel chosen by the County with the Engineer bearing all
cost, fees, and expenses of the defense. The Engineer's obligations under this Section
are not vitiated by the purchase of the insurance required by Section 7.
Section 15. The Engineer warrants that the work constituting the plan does not
infringe upon or violate the patent, copyright or trademark of any third person. If a
claim of infringement or violation is made by a third person against the County, the
County must notify the Engineer within twenty days of the date the County received
the claim. The Engineer must then indemnify and defend the County against the third
party's claim bearing all costs, fees and expenses of the defense or obtain the right to
use such patented trademark or copyright material in the work at no additional
expense to the County. The County's failure to timely notify the Engineer is a waiver of
this warranty.
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Section 16. All final data and documents produced or obtained in the course
of preparing the plan whether or not used in the plan are - and will remain - the
property of the County and must be delivered to the County before the County may
make the final payment to the Engineer. The Engineer may retain copies of the
documents and data delivered to the County but the copies must be prepared at the
Engineer's expense.
Section 17. Either party may terminate this contract because of the failure of
the other party to perform its obligations under the contract. If the County terminates
this contract because of the Engineer's failure to perform, then the County must pay
the Engineer the amount due for all work satisfactorily completed as determined by the
County up to the date of the Engineer's failure to perform but minus any damages the
County suffered as a result of the Engineer's failure to perform. The damage amount
must be reduced by the amount saved by the County as a result of the contract
termination. If the amount owed the Engineer by the County is not enough to
compensate the County, then the Engineer is liable for any additional amount
necessary to adequately compensate the County up to the amount of the contract
price.
Section 18. The Engineer is an independent Contractor. Nothing in this
contract may create a contractual relationship with, or any rights in favor of, any third
party.
Section 19. This contract has been carefully reviewed by both the Engineer
and the County. Therefore, this contract is not to be construed against any party on
the basis of authorship.
23
Section 20. This contract represents the parties' final and mutual
understanding. It replaces any earlier agreements or understandings, whether written
or oral. This contract cannot be modified or replaced except by another signed
contract.
Section 21 · The waiver of the breach of any obligation of this contract does
not waive another breach of that or any other obligation.
Section 22. The Engineer warrants that it has not employed, retained or
otherwise had act on its behalf any former County officer or employee subject to the
prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in
violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this
provision the County may, in its discretion, terminate this contract without liability and
may also, in its discretion, deduct from the contract or purchase price, or otherwise
recover the full amount of any fee, commission, percentage, gift, or consideration paid
to the former County officer or employee.
Section 23. This contract is governed by the laws of the State of Florida. Venue
for any disputes arising under this contract must be in Monroe County, Florida.
Section 24. While in the course of preparing the plan, the Engineer may not
discriminate against any employee because of race, age, creed, color, sex or national
origin. The Engineer will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their
race, age, creed, color, sex, or national origin. Such action may include, but need not
be limited to, the following: employment upgrading, demotion, or transfer; recruitment
or recruitment advertising; lay-off or termination; rates of payor other forms of
24
compensation; and selection for training, including apprenticeships. The Engineer must
insert language similar to this Section in any of the Engineer's subcontracts funded
through this contract except for subcontracts for standard commercial supplies and
raw materials.
Section 25. In carrying out the preparation of the plan the Engineer must
comply with the requirements of the Americans With Disabilities Act and federal
regulations issued under that Act.
Section 26. No member, officer or employee of the County during his tenure at
the County or for two years after that may have any interest, direct or indirect, in this
contract or the proceeds from the contract.
Section 27. All communication between the parties should be through the
following individuals:
Monroe County
George Garrett, Director
Department of Marine Resources
2798 Overseas Highway, Suite 420
Marathon, FL 33050
Engineer
Kennith Williams, P .E.
CH2MHILL, INC.
2828 Coral Way, Suite 420
Miami, FL 33145
25
Section 28. This contract takes effect on the date of the signature of the last
party to sign.
IN WITNESS WHEREOF each party hereto has caused this Agreement to be
executed by its duly authorized representative.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
B4kM c. A,A~
Deputy cterk
(SEAL)
Attest:
By
Title
~Ufd
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By~~-E~.v
M r/Chairman
CH2MHILL, INC.
,4,,, rovJ IkA::J -h ~M
p,,:t/ L~Jd ~.~~
'17 H6~
dh 'i-IS'" J
26
Attachment A
I\pril 22. 19(J.1
I sl 1 'filii in~
l\10NROE COUNTY, FLORII)A
INSUIMNCE GIJIDE
TO
CONTRACT ADl\1INISTRATION
GCllcrallnSllrance RC(lui.4clllcnis
for
SUlllllicrs of Goods or Services
As a pre-requisite of the work governed, or the goods supplied under this contract (including the
pre-staging of personnel and rnaterial), the Vendor shall obtain, at his/her own expense, insurance
as specified in any attached schedules, which are nlade.part ()f this contract. 1.he Vendor will
ensure that the insurance obtained will extcnd protection to all Subcontractors engaged by the
Vcndor. As an alternative, the Vendor may require all Subcontractors to obtain insurance
consistent with the attached schedules.
The Vendor will not be permitted to cOlnmencc '\lork governed by this contract (including pre-
staging of personnel and material) until satisfactory evidence of the required insurance has been
furnished to the County as specified below. Delays in the COlnmenccment of work, resulting froln
the failure of the Vendor to provide satisfactory evidence of the required insurance, shall not
extend deadlines specified in this contract and any penalties and failure to perfonn assesslncnts
shall be imposed as if the work cOffilllcnccd on the specified dale and tilnc, except for the
Vendor's failure to provide satisfactory evidence.
The Vendor shalllnaintain the required insurance throughout the entire tenn of this contract and
any extensions specified in the attached schedules. Failure to cOlnply with this provision Inay
result in the immediate suspension of aJI work until the required insurance has been reinstated or
replaced. Delays in the completion of\vork resulting fToln the G,ilurc ()fthe Vendor to nlaintain
the required insurance shall not extend deadlines specified in this contract and any penalties and
failure to perform assessrllents shall be ilnposed as if the work had not been suspended., except for
the Vendor's failure to Illaintain the required insurance.
l'he Vendor shall provide, to the County, as satisfactory evidence oflhe required insurance,
either:
· Certificate of Insurance
or
· A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified C()py of any or all insurance
policies required by this contract.
All insurance policies must specify that they arc not subject to cancellation, non-renewal, rnatcrial
change, or reduction in coverage unless a lllinil11Uln of thirty (30) days prior notification is given
to the County by the insurer.
The acceptance and/or approval of.the Vendor's insurance shall not be constmed as relieving the
Vendor from any liability or obligation assumed under this contract or imposed by law.
^dministralive lnstnJdion
114709.1
17
April 22. 199]
1st I'rinting
The Monroe County Board of County Comlnissioners, its elnployecs and officials will be included
as "Additional Insured" on all policies, except for Workers' COJllpcnsalion.
Any deviations from these General Insurance l{cquirClTICnts 1l1ust be requested in ,vriting on the
County prepared form entitled "I{cquest for \Vaivcr of Insurance Rcqtlirclllcnts" and approved
by Monroe County Risk Managernent.
^drnini:-irative Jnstnk.1ion
114709.1
18
April 22. 1991
I st Printing
ARCIIITECTS ERRORS AND Ol\IISSIONS
LIABILITY
INSURANCE REQUIREl\rlENTS
FOR
CONTRACT
BETWEEN
MONI{OE COUN1~Y, IfLORID,\
AND
Recognizing that the work governed by this contract involves the furnishing of architectural
services, the Contractor shall purchase and maintain, throughout the life ofthe contract,
Architects Errors and Omissions Liability Insurance which will respond to damages resulting from
any claim arising out of the performance of professional services or any error or omission of the
Contractor arising out of work governed by this contract.
1.he minimum limits of liability shall be:
$' ,000,000 per Occurrencel$3,OOO,Ooo Aggregate
^dministrativc Instruction
#4709. J
AEOJ
42
April 22. 199.1
I sl Printing
GENERAL LIABI.I.lITY
INSURANCE RIGQUII{EMEN~rS
FOI{
CONTI{ACT
IJI~~IWEEN
MONI~OE COUN1~Y, FtJOl{IDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
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 shaH be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$ 1,000,000 per Occurrence
$ I 00,000 Property Damage
"
..- -
# '. -;...'~-
An Occurren'ce Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims Jiled on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend Jor a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
Admini5tralivc Instruction
114709.1
GL3
5G
April 22. I <J9J
1st l'rint inl~
WOI{I(ERS' COMPENSA l~ION
INSURANCE Rfi.:QUIRI~1V1 EN'fS
FOR
CONTRAC1'
BErrWEEN
M.ONI{OE COUNrI'Y, FLORIDA
AND
Prior to the conlmencement of work governed by this contract, the (~ontractor shall ohtain
Workers' Compensation Jnsurance with lirnits sul1icicnt to respond to r4'lorida Statute 440.
In addition, the Contractor shall obtain Enlploycrsl Liability Insurance with lilnits ofnollcss than:
$100,000 Bodily Injury by Accident
$500,000 I30dily I~jury by Disease, policy linlits
$100.,000 Bodily Injury by Disease., each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or cOlnpanies authorized to transact business in the
state of I.4']orida and the company or cOlnpanics .nust maintain a nlinirnum rating of A-VI, as
assigned by the A.M.. Best Cornpany.
If the Contractor has been approved by the FI()rida's Department of Labor, as an authorized self-
insurer., the County shall recognize and honor the Contractor's slatus. The Contractor 111ay be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor1s Excess Insurance I)rogranl.
If the Contractor participates in a self-insl1ranc~ fund, a Certificate of Insurance will be required.
In addition, tIle Contractor may be required to submit updated financial statements from the fund
upon request from the County.
Adnlinistrath.c lmtru(.1ion
114709.l
wel
HI
April 22. 199.1
1 st I 'rinlin~;
VEil ICL.E LIABILIrrV
INSURANCE REQUII{EMENrrS
FOR
CONTRACT
8ErrWEEN
MONROE COUN1Y, ({LOll-IDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Cc)ntractor.,
prior to the COlnmenCCltlCnt of work, shull obtain Vehicle I...,iabilily Insurance. Coverage shall be
rnaintained throughout the life of the contract and incJude, as a mininlUln., liability coverage for:
· Owned, Non-Owned, and Ilired Vehicles
The rninimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the nlinimurn limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
~rhe Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
Adn\inistrativc )nstnl~1ion
H4709. t
VLl
75
j~~""""""""""""""""""""""""'"....................~~ff~R~~~~~~~t~lJiit~~lf~R~r~\~il~~~~t~~~f~.i~~~t~~~f~~\Ei~I:~~~:~:~~~r\~~~~~~~~~~~~~~~~~i~~r~~~ir~~~t~~~~~.:E:~~:~~t~~ffffffff~i{{i~ffffffff~m/fffffffmmmi{{~~{{:::::::::::::::::::::::::::::::::::::::::::~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::
1~!~~~JI~~~I~~~III~~I~IIII~I~~~~~
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
JOHNSON & HIGGINS OF COLORADO, INC.
950 17TH STREET, SUITE 1850
DENVER COLORADO 80202
COMPANIES AFFORDING COVERAGE
A TTN: PATRICIA FRAHM
15114-00124 DFB2M DFB
COMPANY A
LETTER ZURICH INSURANCE COMPANY
INSURED
CH2M Hill, INC.
HlllSBORO EXECUTIVE CENTER NORTH
800 FAIRWAY DRIVE
SUITE 350
DEERFIElD BEACH, Fl 33441-1831
COMPANY B
LETTER
APPROVED BY RISK MANAGEMENT
COMPANY C
LETTER
Ry...._
COMPANY D
LETTER
D,~,TE
COMPANY E
LETTER
~Vt~!VER: N/A YES
J#.mRiq;,t.t::::::::::'!!I!::::::::::::::::::::::::I:@::::::::::::::::::@::::::::::::::::::::@::::::::::::::::::::::::::@@:::::::::::::::::::::::::::I::::::::::::::::::::::::::::::::::I:@:::I::::I:@:::::::::::::::::::::::::::::::::::::::::::::::::::::I:@:::::::I::::::::::::::::'::::::::::::::::::@:::I:::::::::::::::::::::::::::::::::::::::::::::@::::::::::::::::::::::r:::::::::::!::::!I:::!I!::@::::@::::::::::::::::::::::::::::::'::::::::::::::::::::!:::::::!I:!!:::::::
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.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MM/DD!YY) DATE (MM/DD!YY)
GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000
A X COMMERCIAL GENERAL LIABILITY SIRU053608 04/01/95 04/01/96 PRODUCTS-COMP/OP AGG. $ 2,000,000
i CLAIMS MADE~] OCCUR. ~. PERSONAL & ADV. INJURY $ 750,000
OWNER'S & CONTRACTOR'S PROT. F-ACH OCCURRENCE $ 750,000
X $250,000 SIR FIRE DAMAGE (Anyone fire) $ 750,000
MED.EXPENSE(Anyoneperson) $
A AUTOMOBILE LIABILITY COMBINED SINGLE
LIMIT $ 1,000,000
X ANY AUTO BAU053605 04/01/95 04/01/96
ALL OWNED AUTOS BODILY INJURY
(Per person) $
SCHEDULED AUTOS BAU053606 (TX) 04/01/95 04/01/96
HIRED AUTOS Rece ved BODILY INJURY
(Per accident) $
NON-OWNED AUTOS
GARAGE LIABILITY Risk Mgrrjt. & Loss Concrol
,/ PROPERTY DAMAGE $
DATE -.>
EXCESS LIABILITY EACH OCCURRENCE $
IN ITIAL
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM
A X STATUTORY LIMITS
WORKER'S COMPENSATION
WCU992020 04/01/95 04/01/96 EACH ACCIDENT $ 1,000,000
AND
DISEASE--POLlCY LIMIT $ 1,000,000
EMPLOYERS'LlABILlTY
WCU053609 04/01/95 04/01/96 DISEASE--EACH EMPLOYEE $ 1,000,000
OTHER
DESCRIPTIONOFOPERATIONS/LOCATIONSNEHICLES/SPECIALITEMS PROJECT NO. 118009.DF.01. PROJECT MANAGER: KEN WILLIAMS/MIA
PROJECT DESCRIPTION: MONROE COUNTY WASTEWATER FACILITIES PLAN FOR THE MIDDLE FLORIDA KEYS. THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS, ITS EMPLOYEES AND OFFICIALS ARE NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR AS RESPECTS AUTOMOBILE
LIABILITY AND AS PER BLANKET ENDORSEMENT TO THE GENERAL LIABILITY POLICY.
];~"IIJI&9Ift!::::::::::::::@:::::::::!::::::::::::@:::::::::!:::::::::::::::::::::::::::::::::!:!:::::!:::::::::::::::::::I::::::::!:::::::::::::::::::::!:::!:!:!:::::!!:::::_~IH!::::::@:!::::::::::::':::::::::::::::::::::':':@:::I::!:::::::I::::::::::::::::::::::::::::I::::I::!::::,::::::::::::::::::::::r::!:::::::::::rr:::::::::::::::':(::::::::::::::::'::::::::::::::::::':::::::rr:,!,:,:::::::::
~!~~J SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
MONROE COUNTY !~~~J EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
A TTN GEORGE GARRETT, DIRECTOR mr: MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
DEPARTMENT OF MARINE RESOURCES ~~i~j LEFT, BUT FAILURE TO MAIL S H NOTICE SHALL IMPOSE NO OBLIGATION OR
2798 OVERSEAS HIGHWAY ~f? LIABILITY OF ANY KIND UPON E COMPANY, ITS AGENTS OR REPRESE JATIVES.
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.
PRODUCER
VAN GilDER INSURANCE CORPORATION
700 BROADWAY, SUITE 1000
DENVER, COLORADO 80203
COMPANIES AFFORDING COVERAGE
15114-00005 DFB3M DFB
COMPANY A
LETTER SECURITY INSURANCE CO OF HARTFORD
INSURED
CH2M Hill, INC.
HlllSBORO EXECUTIVE CENTER NORTH
800 FAIRWAY DRIVE
SUITE 350
DEERFIElD BEACH, Fl 33441-1831
COMPANY B
LETTER
APPRovrq BY RfSK MANAGEMENT
BY_
DATE
COMPANY C
LETTER
COMPANY D
LETTER
COMPANY E
LETTER
:@9WU.I.'-~::::@::::::::::::::::::@:::::::'@:::::::::::::::::::@:::::t:'::::::::::::t::t::'::::::::::::::::::::::::::@::@::::::::::::I:::::::tttt::::::::::::::t:::::::::::::::::::::::::::::::::::::::::::::::::::I@::::::II:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::t:::::::::::::::::::::::::':::::::::::::::::@::::::::::::::::::::I:::::::::::::::::::::::::::::::::"::::::::::::::::t:::::::::::::::@:::::::::::::::::::::::::::::::::::1:::::::
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.
\~/ f, rVER:
N/A
YES
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MM/DDIYY) DATE (MM/DDIYY)
LIMITS
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
-' CLAIMS MADE CJ OCCUR.
OWNER'S & CONTRACTOR'S PROT.
GENERAL AGGREGATE $
PRODUCTS-COMP/OP AGG. $
PERSONAL & ADV. INJURY $
EACH OCCURRENCE $
FIRE DAMAGE (Anyone fire) $
MED. EXPENSE (Anyone person) $
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
A OTHER
PROFESSIONAL
LIABILITY*
SPl700273
04/01/95
COMBINED SINGLE $
LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $
EACH OCCURRENCE $
AGGREGATE $
STATUTORY LIMITS
EACH ACCIDENT $
DISEASE--POLlCY LIMIT $
DISEASE--EACH EMPLOYEE $
04/01/96 $3,000,000 EACH CLAIM AN
IN THE AGGREGATE
Rece ved
Risk Mgmt. & Loss Control
DATE
INITIAL
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS PROJECT NO. 118009.DF.01. PROJECT MANAGER: KEN WILLIAMS/MIA
PROJECT DESCRIPTION: MONROE COUNTY WASTEWATER FACILITIES PLAN FOR THE MIDDLE FLORIDA KEYS.
*FOR PROFESSIONAL LIABILITY COVERAGE, THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY
PERIOD FOR ALL OPERATIONS OF THE INSURED. THE LIMIT WILL BE REDUCED BY PAYMENTS OF INDEMNITY AND EXPENSE.
~~..~0m~illl~m..~mrn.~~.~00gmB...~00mlll~00mBBBB@I@rnB~
!~!!} SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
MONROE COUNTY ~f!~: EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
A TTN GEORGE GARRETT, DIRECTOR !!~!!~~: MAIL~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
DEPARTMENT OF MARINE RESOURCES !~!~~~i: LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
2798 OVERSEAS HIGHWAY {} LIABILITY OF ANY KIND UPON THE CO NY, ITS AGENTS OR REPRESENTATIVES.
(
&- .~
\" .
.t .
~
S\\'ORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES. ON PUBUC EN1"1TI' CRIMES
THIS FO~f ?\1UST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER
AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid, Proposal or ~ntract No.
for Marathon Area Wastewater .facilities Plan
2.
This sworn statement is submitted by
CH2M HILL
[name of entity submitting swom statement]
2828 Coral Way, Suite #440 Miami, FL 33145.
whose business address is
and
(if applicable) its. Federal Employer Identification Number (FEIN) is
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
590918189
statement:
.)
3.
My name is
Michael 0 ~Mynhier
[please print name or individual signing]
Vice President
and my relationship to the
entity named above is
4. I understand that a -public entity crime- as defined in Paragraph 287.133(1)(g), Florida Statutes.
means a violation of any state or.. federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other
state or with the United States, including, but not limited to, any bid or contract for goods or
services to be provided to any public entity or an agency or political subdivision of any other state
or of the United States and involving antitrust, fraud, theft. bribery, collusion, racketeering,
conspiracy, or material misrepresentation.
5. I understand that "convicted" or "conviction- as defined in Paragraph 287.133(1)(b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of
guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty
or nolo contendere.
6. I understand that an -affiliate- as defined in Paragraph 287.133(1)(a), FlOrida Statutes. means:
1. .~ predecessor or successor of a person convicted of a public entity crime: or
2. An entity under the control of any natural person who is active in the management of the .
entity and who h~ been convicted of a public entity crime. The term "affiliate" includes those
officers, directors, executives, partners, shareholders, employees, members, and agents who are active
in the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima facie case that one person controls
another person. A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months shall be considered an
a ffili a tee .
7. .1 understand that a -person- as defined in Paragraph 287.133(1)(e), Florida Statutes; means any
natural person or entity organized under the laws of any state or of the United States with the legal
power to enter into a binding contract and which bids or applies to bid on contracts for the provision
of goods or services let by a public entity, or which otherwise transacts or applies to transact business
with a public entity. The term "person- includes those officers, directors, executives, partners,
shareholders. employees, members, and agents who are active in management of an entity. .
8. Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. [Please indicate which statement applies.]
X Neither the entity submitting this sworn statement, nor any officers, directors, executives, < '
partners, shareholders, empl,?yees, members, or agents ~ho are acti~e in manageme~t of t~e en~ity,
nor any affiliate of the entIty have been charged Wlth and conVlcted of a pubhc enuty cnme
subsequent to July 1, 1989.
I
The entity submitting this sworn statement. or one or more of the officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in management of
the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime
subsequent. to July 1,. 1989, AMI2. [please indicate which additional statement applies.]
There has been a proceeding concerning the conviction before a hearing' officer of
the State of Florida, Division of Administrative Hearings. The final order entered by the
hearing officer did not place the person or affiliate on the convicted vendor list. [Please
attach a copy of the nnalorder.]
_ The person or affiliate was placed on the convicted vendor list. There has been. a
subsequent proceeding before a hearing officer of the State of Florida, Division of
Administrative Hearings. The final order entered by the hearing officer determined that it
was in the public interest to remove the person or affiliate from the convicted vendor list.
[Please attach a copy of the nnal order.]
~
}
_ The persoil or affiliate has not been placed on the convicted vendor list. [please
describe any action taken by or pending with the Department of General Services.]
~~.~
[signature]
Date: J 0 I G, /6f s:
STATE OF _~Q,v, Ja
COUNTY OF ~L
1 \i";i~<<(
PERSONALLY ~PEARED BEFORE ME, the undersigned authority,
~ cJ,~ h. ~ r1 ~ t1 who, after first being sworn by me, affixed his/he,r signature
[name of individual si ing] .
Co day of () if. . 19C{''j
9M11i-r I1k
NOTARYPUBLI(;
in the space provided above on this
My commission expires:
tp.V PlL.
~A~ JEANETTE STONE
o COMMISSION # CC447412
~ ",.4 EXPIRES MARCH 22, 1999
OFf\.cr
For:n PUR 7068 (Rev. 11/89)