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Item C29BOARD OF COUNTY COMMISSIONERS AGENDA M SUMMARY Meeting Date:January 19, 2011 Bulk Item: Yes X No Division: Administration Department: Proi ect Management Staff Contact Person/Phone ##: kM Barnett X4416 AGENDA ITEM WORDING: 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. ITEM BACKGROUND: The le Judicial Circuit has many complaints about the acoustics in all the Courtrooms at the Freemen Justice Center, since the building's construction was completed. Staff solicited proposals from. three Consulting Service Companies for a study of the Acoustics, and Edward Dugger & Associates, P.A. was the only Consultant to respond. PREVIOUS RELEVANT BOCC ACTION: NIA CONTRACT/AGREEMENT CHANGES: NIA STAFF REC NDATIONS: Approval as stated above. TOTAL COST: $1 goo + Reimbursables INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL of LOCAL PREFERENCE: N/A COST TO COUNTY: $4 900 + Reimbursables SOURCE of S: Fund 307 REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year C� APPROVED BY: County Atty VO urchasing Fisk Management DOCUMENTATION. Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 MONROE COUNTY BOARD OF COUNTY CONM S SIONERS CONTRACT SUMMARY Contract with: Edward Dugger & Assoc Contract # Effective Date: Expiration Date: 01/19/11 Contract Purpose/Description: Consulting Services for the Acoustic Study in the Courtrooms at the Freeman Justice Center Contract Manager: Ann Riger X4439 Facilities Devel/Stop #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 01/19/11 Agenda Deadline: 01/04/11 CONTRACT COSTS Total Dollar Value of Contract: $ 41900 + Reim Current Year Portion: $ Same Budgeted? Yes® No El Account Codes: 307-24003-560620-CE0601-530310 Grant: $ N/A - - - - County Match: $ NIA - - - Lated Ongoing Costs: $ncluded in dollar value above) ADDITIONAL COSTS /yr For: (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Division Director Yeses NoD Risk Manage ent � YesO No0 O.M.B./Purcn� asi� 1-6'1 I Yes[:] Not County Attorney f-'l- J/ Yes❑ Nod Comments: FMB Form Revised 2/27/01 MCP #2 Reviewer Date out AGREEMENT FREEMAN JUSTICE CENTER ACOUSTICS CONSULTING SERVICES This AGREEMENT dated the 19th of Janus , 2011, is entered Into by and between MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ("County") and EDWARD D UGG ER & 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 16tn 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 roam 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 fallowing 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. • 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 S u m The contract sum is Four Thousand Mine Hundred Dollars and 00/100 ($4,900,00) payable after completion of the work. Invoice shall be submitted listing Monroe County Board of County Commissioners as payer, and Edward Lugger & 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 ether 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. 4 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 a@ $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 0 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 rust be listed as additionally insured on all liability insurance except workers Compensation. Insurance limits are detailed as attached on Exhibit "N'. 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 terra 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. 4 ba 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 terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or. legal proceeding, pursuant to Section XVI of this agreement. 0 Severability. if any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent urisdiction, 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 terns, 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 terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Consultant and their respective legal representatives, successors, and assigns. 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 party 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. 1) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, county and Consultant agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Consultant specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. D 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 ail local ordinances, as applicable, relating to nondiscrimination. These include but are net 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; 8) The Comprehensive Alcohol Abuse and alcoholism prevention, Treatment and Rehabilitation Act of 1970 (PL 91- 018), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health service Act of 1912, ss. 523 and 827 (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 Mote), 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. l) 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 11 2.31 3, 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. rn) 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 provisions 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) Ikon -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 ariy 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 thesame 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. 7 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 OBE'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. IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly authorized representative on the day and year first written above. SEAL BOARD of COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, clerk of MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman (SEAL) CONSULTANT Attest: ED ARD DUGGER & ASSOCIATES, PA Title: Tit I e: 6 If-2 1 A.) ef I Pla -L Gate; And :. Title: Date: i 2 I z I ( I cam. Date: '3 I 2f?== ' ( 0 STATE OF FLORIDA COUNTY of Y` On this6bay of 20 10, before me, the undersigned notary public, personally appear" i I 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 w th Monroe County for the Acoustic Study at the Freeman Justice Cent r in Ivey West for the purposes therein contained. do Notary Public My commission expires: Print blame lon ,. MARGARET �L TIERNEY . itary Public, State of Florida Commission# DD324354 My oomm. expires Sept i 6, 24t 3 MONROE COUfVTY ATTORNEY EIS AS T 50w,' � . NATIt0EENE E. CASSEL ASSISTANT COUNTY ATTORNEY Date--L� V' —& r4 i,antfi- 119RO III GG EDW3 ACORD. CE OF LIABILITY INSURANCE DATE (IlIMIDDIYYYY3 110312011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER MMTACT NAME ISU Suncoast Insurance Assoc PHONEi. 813 289-5200 A , No _ 8132894561 P.C. Box 22668 E-MAIL ADDRESS - Tampa, FL 33622-2668 PRODUCER 813 2$9-5200 CUSTOM ER I ©�: INSURER(S) 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 INSURER B : XL Specialty Insurance Company 37885 INSURER c : Old Dominion Insurance Company 40231 ENSURER D - INSURER E. INSURER F - f*A'Ls=nAAC@ k111U0=0_ RFV1_SInN NIJURFR- 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. TYPE OF INSURANCE POLICY NUMBER M�MIDD EFF MMIDD OLIEXP L1MlTS C GENERAL LIABILITY BPG3057B 1/25/2011 01/2512012 EACH OCCURRENCE $1 000 000 PREMISES Ea occurrence $50,000 X COMMERCIAL GENERAL LIABILITY MED E}CP (ft one person) $5,000 CLAIMS -MADE F_x1 OCCUR PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIM[rAPPLIES PER PRODUCTS - COMPIOP AGG $2,000,000 $ POLICY M PRO- F-] LOG C AUTOMOBILE LIABILITY BPG3057B 1/2512011 01/2512012 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY. (Per accident) $ SCHEDULED AUTOS X HIRED AUTOS PROPERTY DAMAGE Per accident) $ X NON -OWNED AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEDUCTIBLE $ $ RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEI?IEXECU YIN OFFICER/MEMBER EKCLUDED? (Mandatory in NH) NIA OTH- E.L. EACH ACCIDENT $500,000 E.L. DISEASE - EA EMPLOYEE $500,000 E. - DISEASE - POLICY LIMIT $500,000 If , describe under DESCRIPTION OF OPERATIONS below B Professional DPS9686583 9112/2010 0911212011 $1,000,000 per claim Liability_ $1,000,000 anni a r. 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. CERTIFICATE HOLDER Monroe County Board of County Commissioners Attn Ann M. Riger Engineering/Project DeviplWastewater 1100 Simonton St., Rm 2-216 Key Nest, FL 33040 CANCELLATION 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 oL%,4;P oit o&.woo AOoo,—� 0 19882009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2936801M292677 LMS PUBUC ENYITV 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." NON-COLLU rw■�r rrr.�rr r.r.rr■n■. i ■....r■.r.rea■r.rrrw I, GDwA n4r..> &(�Xr;poL -F- ����C�+°�,�� , of the, city of .. � - .. , „ . r ' 1 .___ - according to Law on my oath, and under penalty of perjury, depose and say that; I . I am '' 0 the bidder makjin the Proposal for the g project desen"bed as fol logs : 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 natter relating to such prices with any other bidder or with any competitor, 3.) unless otherwise regained by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not lmowingly 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 hid 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. oe (Signature of bidder) STATE OF-457"O-t- c ; a) -51 ooe� "\ I c5 r-RIT11, COUNTY OF --�: PERSONALLY APPEARED BEFORE CIE, the undersigned authority, LIZ 1 va c.�J� -Q c-- -!:Zl: who, afterfirst being; sworn by me, (name of individual sib mixed, his/her signatum in the provided alcove on this 14j day of h-2�.! space p y 2010 . &ARY PUBLIC commission Expires: ,k .°�� MARGARET L TIE:RNEY Notary Public., 'late of Florida Commission# DD924354 My comm. expires Sept 16, 2013 WORN STATEMENT ORDINANCE NO. 10-1990 MONO JE CQTUNTY. FLORIDA ETMCS CLAUSE f_t-L-/,oOV� aO,, that he/it has not employed, 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 oar or employee in violation of Section 3 of ordinance No. 10-1990. For breach or violation of this provmsion the City may, in its discretion, tenninate this contract without liabfty and may also, W its discrefion, deduct from the contract or pie price, or otherwise recovers the fffl amount of any fee, commission, percentage, gam, or consideration paid to the former County officer or employee. (signature) Date: 3 1 Dg�c . ) 0 STATE of COUNTY of r-s� /-�N PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, aver first being sworn by me, affixed his/her signature (narne of individual signing) m the space provided above on this-S(�� day of CeM1-Le/1 , 20 1 D . A - NOTARY PUBLIC My commission wires: ARGARET L TIERNEY -rotary Public, State of i fodda A IL Commissiod DD924354 oM[B MCP FORM #4 My comm. expires Sept 16, 2D13 DRUG -FREE WORKPLACE FORM ne undersiped vendor in accordance with Florida Statute 297.087 hereby certifies that: E0 C) c (Name of Businss) 1. Publish a statement notifying employees that the unlawful man , distn`hution} dispensing, possession, or use of a controlled is prohibited in the workplace and specifying the aeons that will be talon against employees for violations of such prohibition. 2. inform employees about the dangers of drug abuse in the workplace, the business's policy of maim. 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 (X ), notify the employees that, as a condition of worlwng 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 ot or plea of guilty or nolo contendeFe to, any violation of Chapter 993 {Florida Statutes) or of any controlled substance law of the United Mates or any state, for a violation o is the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the sadsfbctory 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 a/ /0 Date OMB - MCP#5 EXHIBIT "All 2005 ]Edition WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: ACOUSTICS — FREEMAN JUSTICE CENTER BETWEEN MONR.OE 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. wC I Administration Insttvction #7500 2005 Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: ACOUSTICS — FREEMAN JUSTICE CENTER BETWEEN MONR.OE 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 $ 3 00,000 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. OLI Administration In st etion #7500 2005 Edition VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: ACOUTSTICS —FREEMAN JUSTICE CENTER BETWEEN MONROE COUNTY, FLORIDA AND EDwARD DDER & ASSOCIATES, F.A. Recognizing that the worl� 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 Mired 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. Administration Instruction 47500 2005 Edition PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: ACOUSTICS — FREEMAN JUSTICE CENTER BETWEEN MONROE COUNTY, FLORIDA AND EDWARD DUOOER & 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 Occurrencel$500,000 Aggregate I.9 t-111 administration Instruction 47500