HomeMy WebLinkAbout01/19/2011 AgreementDANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: January 20, 2011
TO: Jerry Barnett, Director
Project Management
ATTN: Ann Riger
Contracts Administrator
FROM: Pamela G. Hanc 4ck,..
At the January 19, 2011, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Item C29: Approval of an Agreement for Consulting
Services with Edward Dugger & Associates, P.A., for an Acoustic Study in the Courtrooms at the
Freeman Justice Center.
Enclosed is a duplicate original of the above -mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney
Fina
Filee
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AGREEMENT
FREEMAN JUSTICE CENTER ACOUSTICS
CONSULTING SERVICES
This AGREEMENT dated the 19"' of January, 2011, is entered into by and
between MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ("County') and
EDWARD DUGGER & ASSOCIATES, P.A.. (Consultant).
WHEREAS, The construction of the Freeman Justice Center in Key West was
completed in September 2008; and
WHEREAS, complaints from the 16'h Judicial Circuit have been ongoing
regarding the acoustics in all courtrooms; and
WHEREAS, Edward Dugger & Associates, P.A. submitted a proposal for the
Courtrooms Acoustic Study; and
NOW, THEREFORE, in consideration of the mutual covenants and payment
contained herein, the parties have entered in to this agreement on the terms and
conditions set forth below:
Scope of Work
Consultant shall provide a comprehensive overview of the prominent room acoustics
issues for Courtrooms A, B, C, D, E, and F, providing the following Basic Services:
• Consultant shall make one (1) site visit to tour and take acoustic measurements
of the existing six courtrooms. Consultant shall spend approximately one hour in
each courtroom taking acoustic measurements and documenting the existing
conditions. Consultant shall prepare a written summary of their visit and acoustic
measurements, which will be general enough for pricing from a General
Contractor.
• Immediately following the Courtroom tour, the Consultant shall meet with the
Director of Project Management to confirm elements for the acoustic success of
the facility. Consultant shall be able to provide a verbal summary of their testing
during this meeting.
• Consultant shall review existing architectural plans, specifications, and other
documentation to assess acoustical aspects of the design.
• Consultant shall provide general acoustical design guidance as related to
Courtroom Acoustics as outlined in the current GSA — U.S. Courts Design Guide.
I
• Consultant shall provide acoustical calculations to confirm the existing/renovated
Speech Intelligibility Index values per the current GSA — U.S. Courts Design
Guide.
• Consultant shall provide general calculations for the type and quantity of acoustic
materials required to improve the acoustic conditions, including the resulting
acoustic characteristics.
• If needed, Consultant shall be involved during the Construction Administration
and Commissioning Phases at an additional fee for the additional work.
Additional Services
• Meetings, presentations, or site visits in excess of those included in Basic
Services.
• Assistance in the selection process for other members of the Design or
Construction team.
• Analysis of noise transmitted to adjacent sites and recommendations for control
of that noise.
• Environmental surveys of either airborne or ground -borne noise from air, rail, or
highway/street traffic.
• Definition, acquisition, administration or monitoring of acoustics laboratory testing
of any acoustical finishes or furnishings.
• Review or testing of alternative equipment or systems submitted by Construction
Contractor for approval after bidding.
• Preparation of final record documents.
Agreement Period
This Agreement shall commence within ten (10) calendar days after the date of
issuance by County of the Notice to Proceed. The Consultant shall accomplish
Completion of the Project within Sixty (60) calendar days thereafter.
Contract Sum
The contract sum is Four Thousand Nine Hundred Dollars and 001100 ($4,900.00)
payable after completion of the work. Invoice shall be submitted listing Monroe County
Board of County Commissioners as payer, and Edward Dugger & Associates, P.A. as
payee. Invoice shall be itemized with a description of the work performed in enough
detail so that each item is distinguishable from other listed items. The adequacy of the
description shall be determined by the Clerk of Courts as agent for the County for
purposes of payment of invoice. If the invoice does not meet the contract
requirements, the Clerk of Court must reject the invoice within 20 business days after
the date on which the payment request or invoice is stamped as received by the Clerk.
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The rejection must be written and must specify the deficiency and the action necessary
to make the payment request or invoice proper. The contract amount is the total amount
to be paid for the project. Payment will be made at the conclusion of the agreement and
shall be in accordance with the Florida Local Government Prompt Payment Act, Section
218.735, Florida Statutes, the Monroe County Code and this Agreement.
Reimbursable Expenses
Reimbursable expenses are expected to include car travel from Consultant's office to
Freeman Justice Center (540 miles @ $0.445/mile (240.30); 2 night stay at a hotel for 2
people @ $125./night ($500.00); and per diem for 2 people for three days ($117.00).
Any additional reimbursable expenses shall be in accordance with Monroe County Code
Sections 2-106 to 2-117. The invoice shall include a travel voucher prepared by both
participants shall be completed before reimbursement; and all expenses, of whatever
nature, shall be properly itemized on the invoice with accompanying documentation to
verify the expense.
Direct expenses shall be charged as follows:
• Actual cost for necessary postage, long distance telephone calls, overnight or
expedited delivery and couriers,
• facsimiles at $.25 per outgoing page,
• photocopying at $.15 per page,
• photo documentation, personal background check/fingerprinting, expense for
computer generated drawings and plotting when used in conjunction with the
project, and charges for use of specialized test equipment (if required) shall be
approved by County Facilities Development prior to incurring the expense and
shall not be reimbursable without County approval.
Additional Services — Fees
Services outside the Basic Services shall be provided on an hourly basis at the
following rates:
• Principal Consultants $200.00 per hour
• Consultants $120.00 per hour
• Technical Support $80.00 per hour
Insurance Requirements
Consultant shall provide proof of insurance by issuing the County original Certificates of
Insurance for Workers' Compensation, General Liability, Vehicle Liability, and
Professional Liability. Monroe County Board of County Commissioners must be listed
as additionally insured on all liability insurance except Workers Compensation.
Insurance limits are detailed as attached on Exhibit "A".
Hold Harmless/indemnification
Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, the Consultant covenants and agrees that he shall defend, indemnify and
hold the COUNTY and the COUNTY's elected and appointed officers and employees
harmless from and against (i) any claims, actions or causes of action, (ii) any litigation,
administrative proceedings, appellate proceedings, or other proceedings relating to any
type of injury (including death), loss, damage, fine, penalty or business interruption, and
(iii) any indemnified party by reason of, or in connection with, (A) any activity of
Consultant or any of its employees, agents, consultant's in any tier or other invitees
during the term of this Agreement, (B) the negligence or willful misconduct of Consultant
or any of its employees, agents, consultants in any tier or other invitees, or (C)
Consultant's default in respect of any of the obligations that it undertakes under the
terms of this Agreement, except to the extent the claims, actions, causes of action,
litigation, proceedings, costs or expenses arise from the intentional or sole negligent
acts or negligent acts in part or omissions of the COUNTY or any of their employees,
agents, consultants or invitees (other than CONSULTANT). Insofar as the claims,
actions, causes of action, litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the term of this Agreement, this section will survive the
expiration of the term of this Agreement or any earlier termination of this Agreement.
In the event the completion of the project (including the work of others) 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 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 following items are included in this contract:
a) 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 pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the Consultant
shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS,
running from the date the monies were paid to Consultant.
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b) Governing Law, Venue, Interpretation, Costs, and 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 this Agreement, the County and Consultant agree that venue shall lie in
the appropriate court or before the appropriate administrative body in Monroe County,
Florida. The Parties waive their rights to trial by jury. The County and Consultant agree
that, in the event of conflicting interpretations of the terns 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, pursuant to Section XVI of
this agreement.
c) 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.
d) 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 and court costs as an award against the
non -prevailing party, and shall include attorney's fees and courts costs in appellate
proceedings.
e) Binding Effect. The terns, 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.
f) 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 action, as required by law. Each party agrees that it has had
ample opportunity to submit this Contract to legal counsel of its choice and enters into
this agreement freely, voluntarily and with advise of counsel.
g) Claims for Federal or State Aid. Consultant and County 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.
h) 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 the issue or issues
are still not resolved to the satisfaction of the parties, then any parry shall have the right
to seek such relief or remedy as may be provided by this Agreement or by Florida law.
This Agreement is not subject to arbitration.
i) 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 parry, 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.
j) 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 discrimination 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: 1) 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 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.
k) Covenant 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.
1) 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.
m) No 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 Consultants 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.
n) 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
Statutes, and made or received by the County and Consultant in conjunction with this
Agreement; and the County shall have the right to unilaterally cancel this Agreement
upon violation of this provision by Consultant.
o) Non -Waiver of Immunity. Notwithstanding the provisions of Sec. 286.28,
Florida Statutes, the participation of the Consultant and the County 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.
p) 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 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.
q) Legal Obligations and Responsibilities: 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 any
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.
r) Non -Reliance by Non -Parties. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any
third -party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the 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.
s) Attestations. Consultant agrees to execute such documents as the County
may reasonably require, to include a Public Entity Crime Statement, an Ethics
Statement, Non -Collusion Affidavit and a Drug -Free Workplace Statement.
t) No Personal 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 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.
u) 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 and any of the parties hereto may
execute this Agreement by singing any such counterpart
v) 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.
w) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the
policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have
the opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its Consultant
agree to ensure that DBE's have the opportunity to participate in the performance of the
Agreement. In this regard, all recipients and consultant's shall take all necessary and
reasonable steps in accordance with applicable federal and state laws and regulations
to ensure that DBE's have the opportunity to compete and perform contracts. The
County and Consultant and subconsultants shall not discriminate on the basis of race,
color, national origin or sex in award and performance of contracts, entered pursuant to
this Agreement.
Execution by the Consultant must be by a person with authority to bind the entity.
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WHEREOF, each party caused this Agreement to be executed by its duly
on the day and year first written above.
BOARD OF COUNTY COMMISSIONERS
. KOLHAGE, Clerk OF MONROE COUNTY FLORIDA
6r' t
ourory
By: By:
Deputy Clerk M or/C an
(SEAL) CONSULTANT
Attest: EDWARD DUGGER & ASSOCIATES, P.A.
BY By:
Print 4eM _� Print Name: WiwgA �4ro 21ydo, ;�Title:< Title: XiA-) egG10Z—
Date: I D f 3 r 1 (Z) Date: 3 � �� � � 01
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STATE OF FLORIDA � _ O
COUNTY OF YY � s=s —
On this36y of 1 C 20 10, before me, the undersigned notary public, personally appearedbOl I i .,,.
t �"w-^S r known to me to be the person whose name is subscribed above or who
produced as identification, and acknowledged that he/she is the person
who executed the above contract with Monroe County for the Acoustic Study at the Freeman Justice
Cent r in Key West for the purpose-s ther in contained.
-. j. _-
Notary Public _
(-Y1 re-t, L > ; " My commission expires: I 1
Print Na ` e
MARGARET L. TIERNEY
# 6 "•Mary Public, State of Florida
Commission# DD924354
My comm. expires Sept 16, 2013
MONROE COUNTY ATTORNEY
PRO ED AST
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NATI EENE CASSEL
ASSISTANT COUNTY ATTORNEY
Date- ��
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DUGGEDW3
ACORD. CERTIFICATE OF LIABILITY INSURANCE
D1/03/2011 1MIDDDI'Y"
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WANED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
ISU Suncoast Insurance Assoc
Box 22668
Tampa, FL 33622-2668
813 289-5200
CONTACT
NAME
H N 813 289-5200 A or 8132894561
LAC,P.O.
ADDRESS:
CUSTOMER IDS.
INSURE AFFORDING COVERAGE
NAIC#
INSURED
Edward Dugger & Associates PA
4490 SW Long Bay Dr
Palm City, FL 34990
INSURER A: Travelers Casualty and Surety C
19038
XL Specialty Company
INSURER 13. S il p ty II�nY
37885
INSURER C:Old Dominion Insurance Company
40231
INSURER D -
INSURER E -
INSURER F -
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
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TYPE OF INSURANCE
POOL
POLICY NUMBER
M�MIDY EFF
POLICY EXP
LIMITS
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GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE IF —X1 OCCUR
BPG3057B
01125f2011
01125f2012
EACH OCCURRENCE
$1 000 m
PREMISES Ea occurrence
$50,000
MED EXP (Any one person)
$5 000
PERSONAL & ADV INJURY
$1 000 000
GENERAL AGGREGATE
s2,000,000
GEM- AGGREGATE LIMIT APPLIES PER
POLICY PRO- 7 LOC
JECT
PRODUCTS - COMPIOP AGG
s2,000,000
$
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AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
BPG3057B
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11251 01
01125f2012
COMBINED SINGLE LIMIT
(Ea accident)
$1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
X
X
$
E
UMBRELLA LIAB
EXCESS UAB
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
$
AGGREGATE
$
DEDUCTIBLE
RETENTION
$
$
A
WORKERS COMPENSATION
AND EMPLOYERS LIABILITY
ANY PROPRIETOPJPARTNER/EXECUTIV YIN
OFFICERIMEMBER EXCLUDED?
(Mandatory in NH)
II yes describe colder
DESCRIPTION OF OPERATIONS below
NIA
UB5663Y51010
1/02/2011
01/02/201
X 1NC STAMIT OTH-
El. EACH ACCIDENT
$5w,wo
E.L. DISEASE - EA EMPLOYEE
$500,000
F I DISEASE - POLICY LIMIT
s500 000
B
Professional
Liability
DPS9686583
9/12/2010
09/12/2011
$1,000,000 per claim
$1,000 000 annl agar.
DESCRIPTION OF OPERATIONS I LOCATIONS i VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Professional Liability is written on a claims made and reported basis.
Certificate holder is additional insured as respects to the General and Auto Liability.
Monroe County Hoard of County
Commissioners Attn Ann M. Riger
Engineering/Project
Devlp/Wastewater
1100 Simonton St., Rm 2-216
Key West, FL 33040
ACORD 25 (2009109) 1 Of 1
#S293680/M292677
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
VAP -2 L 06-O - Aa
01988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
LMS
PUBUC 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
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 contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may
not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list."
of the city of
yfzs A AJ ' , FCC1124 19,4 according to law on my oath, and under penalty
of perjury, depose and say that;
1.) I am � 0 �,JA A0 D t'ch�z _ A. the bidder making the Proposal for the
project described as follows:
2.) the prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or with
any competitor,
3.) unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder and will not knowingly be
disclosed by the bidder prior to bid opening, directly or indirectly, to any other
bidder or to any competitor, and
4.) no attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the
purpose of restricting competition;
5.) the statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained
in this affidavit in awarding contracts for said project.
(Signature of Bidder)
STATE OF-F—t t�)!-', J - 'L I c::,
DATE
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me,
(name of individual signing)---)
affixed his/her signature in the space provided above on this S s day of
20 l C>
7 - --
OTARY PUBLIC
My Commission Expires: -
MARGARET! ''IZRNEY
Notary Public, :hate of Florida
Commission# DD924354
My comm. expires Sept 16, 2013
WAT413MWMAP3Lq_ZM$jM:4_' 1' 1 1 V � 1 f "1
1 1 4 1 ' li
ETHICS CLAUSE
I L- _/AAN 'DL""t� DbU602- warrants that belit has not eanployed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employce in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terininate 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,
conunission, percentage, gift, or consideration paid to the former County officer or employee.
zL
(signature)
Date: 31 Vez , `) a
STATE OF 4576 1 '. cJ '-�
COUNTY OF !'-+ , �
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this(5b day of
cc-,'�i , 20ry
NOTARY PUBLIC
My commission expires:
MARGARET L TIERNEY
aotary Puhiic. State of Florida
zX Commission# DD924354
OMB - MCP FORM #4 1 = I My comm. expires Sept.16, 2013
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
E0 i,JA Y14::> T)JCv6 FY- t- SS C) I rJ T S
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that
will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance
programs, and the penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or arty
state, for a violation occurring in the workplace no later than five (S) days after such conviction.
S. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is so
convicted.
6. Make a good faith effort to continue to maintain a drug free workplace through implementation of this
section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
Bidder's Signature
31
Date
OMB - MCP#5
EXHIBIT "A" 2005 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT: ACOUSTICS — FREEMAN JUSTICE CENTER
BETWEEN
MONROE COUNTY, FLORIDA
AND
EDWARD DUGGER & ASSOICATES, P.A.
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$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 companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self -
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
WC1
Administration Instruction
#'7500
2005 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: ACOUSTICS — FREEMAN JUSTICE CENTER
BETWEEN
MONROE COUNTY, FLORIDA
AND
EDWARD DUGGER & ASSOCIATES, P.A.
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 shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of 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.
GL1
Administration Instruction
#7500
2005 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: ACOUTSTICS — FREEMAN JUSTICE CENTER
BETWEEN
MONROE COUNTY, FLORIDA
AND
EDWARD DUGGER & ASSOCIATES, P.A.
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
Owned, Non -Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
N91
Administration Instruction
#7500
2005 Edition
PROFESSIONAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: ACOUSTICS — FREEMAN JUSTICE CENTER
BETWEEN
MONROE COUNTY, FLORIDA
AND
EDWARD DUGGER & ASSOCIATES, P.A.
Recognizing that the work governed by this contract involves the furnishing of advice or services
of a professional nature, the Contractor shall purchase and maintain, throughout the life of the
contract, Professional 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.
The minimum limits of liability shall be:
$250,000 per Occurrence/$500,000 Aggregate
PRO1
Administration instruction
#7500