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1st Amendment 10/21/2015FIRST AMENDMENT TO AGREEMENT FOR DESIGN OF A SCENIC OVERLOOK AT THE BIG PINE SWIMMING HOLE This First Amendment is made and entered into this 21 day of October 2015, between Monroe County, a political subdivision of the State of Florida, and LITTLEJOHN ENGINEERING ASSOCIATES, INC. for the Design of a Scenic Overlook at the Big Pine Swimming Hole. ACKNOWLEDGMENTS: Title to the property above described as Big Pine Swimming Hole ( "Premises ") is held by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida ( "Trustees ") and is managed by the Florida Department of Environmental Protection, Division of Recreation and Parks, Office of Greenways and Trails (hereafter "DEP" or "Sublessor "). A Sublease Agreement between the Sublessor and Monroe County (hereafter e "County" or "Sublessee ") dated 1�?!�1� exists for the purpose of the Sublessee to manage the Premises only for the conservation and protection of natural and historical resources, and for resource based public outdoor recreation which is compatible with the conservation and protection of these public lands, as set forth in section 259.032 (11), Florida Statutes. Sublessor requires Sublessee to prepare and submit a Management Plan for the Premises in accordance with section 253.034, Florida Statutes, designating the related uses necessary for the accomplishment with the conservation and protection of these public lands. Sublessee shall not proceed with any 4 ° development of the Premises until the Management Plan required has been submitted to and approved by the Sublessor. The County entered into an Agreement with Littlejohn Engineering Associates, Inc., (hereinafter "Consultant "), for professional services to design and permit a scenic overlook at the Premises which will be funded by the Sublessor. WITNESSETH In consideration of the covenants and conditions set forth herein, this First Amendment shall revise the Agreement between the County and the Consultant as follows: WHEREAS, on the 15 day of April, 2015, the County and the Consultant entered into an Agreement to employ the professional services of Consultant to design and permit the scenic overlook at the swimming hole on Big Pine Key; and WHEREAS, Consultant's scope of services is divided into a two phased approach which are described in the Agreement as Attachment A. Phase I focuses on public input and presentations. Phase II concentrates on construction documentation; and WHEREAS, the County desires for the Consultant to develop the Management Plan for the submission to and approval by the Sublessor of the Sublease Agreement; and WHEREAS, Consultant also wishes to amend Article VII, paragraph 7.1.1 of the Agreement to reflect ° their fee schedule as outlined in Attachment A; and WHEREAS, Consultant's insurance agency requires three minor revisions to the insurance requirements outlined in the Agreement of April 15, 2015; and NOW THEREFORE, in consideration of the mutual promises contained herein, the County and Consultant agree as follows: 1. Consultant shall develop a Land Management Plan using the Florida Department of Environmental Protection's (FDEP) format intended for the Trustees leases and subleases of SCENIC OVERLOOK AT THE BIG PINE SWIMMING HOLE conservation properties, in accordance with the requirements of §253.034 and §259.032, Florida Statutes, and FDEP Rule 18- 2.021. 2. Consultant and its sub consultant, Terramar Environmental Services, Inc., will develop the management plan using the FDEP form and include relevant site data required for the plan. County shall provide a copy of the Sublease Agreement, current and potential future uses of the Premises, current and future cost estimates for management of the Premises, and a description of any public or local government involvement or participation in the development of the plan. 3. Article VII paragraph 7.1.1 of the Agreement dated April 15, 2015 shall be revised to reflect the fee scheduled as outlined in Attachment A as follows: The County shall pay the Consultant monthly in current funds for percentage of progress completed for each task as defined below: • Development of a Land Management Plan $6,500.00 • Phase I Public meeting/conceptual master plan $9,000.00 Phase II Site Survey $8,956.00 Environmental review and permitting $14,000.00 75% Construction Documents $43,024.00 100% Construction Documents $19,265.00 Final Bidding Documents $5,755.00 Total not to exceed X106,500.00 4. Article VIII paragraph 8.2 and paragraph 8.3 (D) and (E) of the Agreement dated April 15, 2015 shall be revised as follows: 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to do business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing thirty (30) days notice to'the County prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the County and shall be in a form acceptable to the County. 8.3 (D) Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the Consultant or any of its employees, or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors, and a Blanket Contractual Liability Endorsement with $300,000.00 per Person, $500,000.00 per Occurrence, $200,000.00 Property Damage or $500,000.00 Combined single Limit. 8.3 (E) Professional liability insurance of $1,000,000.00 per claim/$2,000,000.00 aggregate. If the policy is a "claims made" policy, Consultant shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. SCENIC OVERLOOK AT THE BIG PINE SWIMMING HOLE 5. The remaining terms of the Agreement, not inconsistent herewith, shall remain in full force and effect. All other terms and conditions of the Agreement dated April 15, 2015, apply to this First Amendment. IN WITNESS WHEREOF, each party caused this First Amendment to the Agreement to be executed by its duly authorized representative. BOARD OF COUNTYCOMMISSIONERS Y HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA 0 'S0� By: °� S .9y uty Clerk May Chairman _ Date: in Ws CONSULTANT LITTLE ENG E G ASSOCIATES, INC. By: Title: A->�� N�fJ NtAf�� Date: 2-A- 140 fS MONROE COUNTY ATTORNEY 4ZZ: FORM i - IO ASSISTANT COUNTY A TTORNEY Date: SCENIC OVERLOOK AT THE BIG PINE SWIMMING HOLE ' A D Y) ATE IJAWDOMY k �� C ERTIFICAT E OF LIABILITY INSURANCE � 9,11/2015 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 AFFORDEO.BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE ODES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORT�3NT: if the cot- ificate holder is an ADDITIONAL INSURED, the policy(les) mural be endorsed. if SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, cermin policies may require an endorsement. A stntament on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER MME: INSURE PHONE , (419)781 -1115 FAx 2607 GL,ENWOOD AVENUE A012FI� •TN?EAD0W5 @YtaStJRE- taC.COM PO BOX 31508 INSUREP AFFOROINO'COVERAGE NA:G RALEIGH NC 27622 INSURE OAK FIRE INS CO 125515 INSURED tusuRERe:TRAVELERS PROP CAS CO OF AMER E5574 S6.2M INC tusuREac:PHOENIX INS CO 5623 LITTLEJOHN E14GINEER-ING ASSOCIATES INC INSURER D: 1515 EDGEWATER DRIVE STE 200 INSURER E. ORLANDO FL 32604 INSURER F: COVERAGES CERTIFICATE NUMBER: FL -15/16 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 1 INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VIATH 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 – — 01 — — — I ,3AI7C CUrIMM 61AV Whk= RFCAI RFr11 irrn RV PAV) rl A M-� S"'�" iPE OF INSURANCe THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN POLICY NUMBER Pt3UCY EFF YfrtOl7+vWY POL:CY EXP I -2 fIYYY umfTs OENERALUAaILITV REPRESENTATIVE 1100 S�NTON STREET KEY WEST, E 33040 t EACH OCCURRENCE S 1, 0C f A AL LLAI)ILmr X COMMERCUU CFNEP� OLC,R CLA:IASPRALiE != 1 E30 - X '0 13287x679 7/OI/2015 7fOS/2015 TO R Pa camsES re , t. t a 1,000,000 ME0 E:lp(A.:tyans ixrsml S 10, 0001 PERRSONAL3 dA4 INJURY 5 1, 000 , 010 GENERAL AGGREGATE 2 2, 000, 0031 4 GEKL AGGREGATE OMIT APR IIE S PER � E PRODUCT9 COMP,^OP AGG S 2 , pOO , QOpJ $ - POLICY Ps fS I ' } .LCC ) ( AUTOUOEILEL!AMILE7Y MIiIN +3rySiNLaLtLllir ,], OOD 0001 9CI3tLY Nd QRY (p" ,7ti stall 5 ' 13 X ANY AUTO j ALL OWHE'.J tiCHEDLi:.eD j J AI;TCS AUTOS 1 r NON - OVMEJ H(RED AUTO$ ALf'OS I X tt 33 #3 10- a2>37a68o f I 7>02 /2010 _ i 07/01/2016 90atLY !NJUt?Y (Par S - --j ;PM rare MAArE 4 i/ra7s<acrarmd mcaarut _ 5 I X UAABAM.LA LIAR X • OCCUR EACH 3CCURRENCt .5 5 , QOp , 0001 B excassuAa c alSalACE UP a297x692 TAo2 /seas �/ a1 -o13 aGGA B 5 5, pQd., 0 00 CEO RETENTIONS 3 ! 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INS025 The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE NTH THE POLICE PROVISIONS Y.ONROE. COUNTY SOCC ATTN ANN RIGEs"a REPRESENTATIVE 1100 S�NTON STREET KEY WEST, E 33040 TRACY t�.`SLIOWS /TRACY d ACORD 25 (2010105) �w 9yotg-zuTU At k mu t.vl:rvrLA I Ivry. ;AN rigr1w rase"Ou. INS025 The ACORD name and logo are registered marks of ACORD ;.' ' Client#: 29s . -i 80i__.iEINC DATE @IM100JYYYY) ACORD. CERTIFICATE OF LIABILITY INSURANCE 9/11/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMIATiVELY 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 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). BB8T insurance Services, inc 3318 West Friendly Ave., Ste' 400 Greensboro, NC 27410 �"R "I So: 804.678 -5026 F Arc No , 888.751.3010 as Ess: INSURERS AFFORDING COVERAGE NAIL 0 INSURER A. XL Specialty insurance Company 37885 INSURED - Littlejohn Engineering Associates Inc. 1935 21 st Ave. South Nashville TN 37212 INSURERS.- TT CURRENCE COMMERCIAL GENERAL LIABILITY PRE0.11 xcu e y .�� CLAIMS -MADE OCCUR } PERSO NAL &ADV IN JURY — : INSURER C• ( 5 INSURER D GENERAL AGGREGATE_ INSURER E: GEN'L AGGREGATE UMR APPLIES PER. ; PRODUCTS • COMPIOP AGG —� POLICY ; LOC _ I I pIN;OSING L AUTOMOBILE LIABILITY ' j j p ` � ' r�n� }� # T 0 I 1 I 'fppIN LJ ( .,{ Y YCpQA .....- ,..r.�.� .-- .... -..- ANY AUTO } t � �� BODILY INJURY (Per D erson) ALL OWNED SCHEDULED D� C BODILY INJURY (Per acrSdenQ ; AUTOS AUTOS WRl I NON OWNED i +6 4 PROPRTY;DUU Zdd HIRED AUTOS AUTOS x IPerawd�tr INSURER F: S COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMEDA13OVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT CERTIFICATE MAY BE ISSUED. OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TO WHICH THIS THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLIC LIMITS SHOWN MAY HAV BEEN REDUCED BY PAID CLAIMS. INSR r DDL'SUSIC - POLICY EFF POLICY EXP LIMITS LTR - TYPE OF INSURANCE gp - POLICY NUMBER MtY1tODMFYY MMf0WY GENERAL LIABILITY T" EACH OCCURRENCE I S S TT CURRENCE COMMERCIAL GENERAL LIABILITY PRE0.11 xcu e y .�� CLAIMS -MADE OCCUR } PERSO NAL &ADV IN JURY — S ( 5 S GENERAL AGGREGATE_ S GEN'L AGGREGATE UMR APPLIES PER. ; PRODUCTS • COMPIOP AGG —� POLICY ; LOC _ I I pIN;OSING L AUTOMOBILE LIABILITY ' j j p ` � ' r�n� }� # T 0 I 1 I 'fppIN LJ ( .,{ Y YCpQA .....- ,..r.�.� .-- .... -..- ANY AUTO } t � �� BODILY INJURY (Per D erson) ALL OWNED SCHEDULED D� C BODILY INJURY (Per acrSdenQ ; AUTOS AUTOS WRl I NON OWNED i +6 4 PROPRTY;DUU Zdd HIRED AUTOS AUTOS x IPerawd�tr S Y is S 1$ UMBRELLA LIAR OGCUR j I EACH O CCURRENCE a S a i) EXCESS W CLAIMS -MADE! AGGREGATE RET NTI 5 •4YORKEitSCOMPENSATION �.._— ..'- - - - - —+ _ O' TH- } AND EMPLOYERS' LIABILITY Y ) N } ANY PROPRIETORIPARTNER IEXECUTIVE! E.L. EACH ACCIDENT OFFICERiMEMBER EXCLUDED? !NIA} "i (Mandatary In NHi — ! E.L. DISEASE - EA EMPLOYEEI } 5 S 5 _ ... ... it es. deaaibe under i _ DESCRIP OF OPERATION below _ ..__ __. _ _ _ E.L. DISEASE. POLICY LIMIT A Professional E ' Di 89724643 V � Y 7/0112015 07/01120lq $5,000,000 Per Claim Liability f $5,000,000 Aggregate $250,000 Deductible DESCRIPTION OF OPERATIONS 1 LOCATIONS /VEHICLES (Attach ACORD 101, Additional Retuarhs Schedule, It mote space Is required) When required by written contract, thirty days notice of cancellation-of this policy will be provided to certificate holder for any reason other than non - payment of premium. Project: Big Pine Key Swimming Hole Project Manager: Keith Oropeza Project #: 20141338 Monroe County BOCC Attn: Ann Riger 1100 Simonton St. Key West, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTNORMOD REPRESENTATIVE ®1988 -2010 ACORD CORPORATION. All rtgnts reserveo. ACORD 25 (2010/05) ' 1 of i The ACORD name and logo are registered marks of ACORD #514789170/M14436132 JB13