Item C22BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 19, 2012 Division: County Administrator
Bulk Item: Yes Department: Airports
Staff Contact Person/Phone: Peter Horton, 809-5200
Pedro Mercado, 292-3470
AGENDA ITEM WORDING: Approval of the General Consulting Services Master Agreement with
CDM Smith, Inc., for professional services at Key West International Airport and The Florida Keys
Marathon Airport.
ITEM BACKGROUND: Under FAA guidelines, the airports (Key West and Marathon) have to
place the airport Consultant Services out to bid approximately every 5 years. In compliance with those
guidelines, the County put out an RFQ in March 2011 seeking the services of at least 3 General
Consultants, 1 Environmental Consultant, and 1 Financial Consultant. On the bid opening date of May
17, 2011, the County was in receipt of twelve Statements of Qualifications in response. Eight firms
responded regarding General Consulting, three firms responded regarding Environmental Consulting,
and two firms responded regarding Financial Consulting. A selection committee was empanelled and
met on July 26, 2011. CDM Smith, Inc. was one of the top three firms selected for General Consulting
Services.
PREVIOUS RELEVANT BOCC ACTION: January 28, 2009, Item C-5 — approval to advertise a
Request for Qualifications for Airport Consultant Services; August 17, 2011, Item C-21 — approval to
negotiate contracts for the selected respondents to the RFQ for Airport Consultant Services; October
19-2011, Item C-17 — approval of the Environmental Consulting Agreement; October 19-2011, Item
C-18 — approval of the Financial Consulting Agreement; November 16, 2011 — Item F-12 — approval
of the General Consulting Services Master Agreement with Jacobs Project Management Co.
CONTRACT/AGREEMENT CHANGES: New agreement.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: TBD as needed BUDGETED: Yes XX No
COST TO COUNTY:N/A SOURCE OF FUNDS: FAA/FDOT/Airport Operating
REVENUE PRODUCING: Yes No XX AMOUNT PER MONTH Year
APPROVED BY: County Atty XX OMB/Purchasing Risk Management
DOCUMENTATION: Included XX Not Required
DISPOSITION: AGENDA ITEM #
Revised 2/05
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: CDM Smith, Inc. Effective Date: January 19, 2012
Expiration Date: January 18, 2015
Contract Purpose/Description: General Airport Consulting Master Agreement for Professional Services
at Key West International Airport and The Florida Keys Marathon Airport
Contract Manager: Peter Horton # 5200 Airports -Stop # 5
(name) (Ext.) (Department/ Stop)
for BOCC meeting on: January 19, 2012 Agenda Deadline: January 3, 2012
Total Dollar Value of Contract: $ open
Budgeted? Yes
Grant: will vary (FDOT/FAA)
County Match: Operating
Estimated Ongoing Costs: n/a
(not included in dollar value above)
Airports Director
Risk Management
O.M.B./Purchasing
County Attorney
Comments:
CONTRACT COSTS
Current Year Portion: TBD
Account Codes: will vary
63053-GAKD50; 63529-GAM D26
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, janitorial, salaries, etc.
CONTRACT REVIEW
Changes
Date In
Needed Reviewer
Yes No
Peter Horton
Peter Horton
for Risk Management
for OMB
Pedro Mercado
County Attorney
Date Out
MASTER SERVICES AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into as of the 19th day of January, 2012, by and between
CDM Smith Inc. whose address is Soo Brickell Avenue Suite 500, Miami, Florida 33131
(hereafter "CONSULTANT or ENGINEER) and Monroe County, a political subdivision of the
State of Florida, represented by its Board of County Commissioners whose address is 1100
Simonton Street, Ivey West, Florida, 33040 (hereinafter called "COUNTY"), collectively
referred to herein as "Parties", provides as follows:
ENGINEER's Services will be performed pursuant to individual Task orders issued by OWNER
and agreed to by ENGINEER. Such Task Orders will contain the specific scope of work
("Services"), the time schedule, charges and payment conditions, and additional terms and
conditions that are applicable to such Task Orders. An example Task Order is attached hereto.
Execution of a Task Order by ENGINEER and COUNTY constitutes CO 's written
authorization to ENGINEER to proceed with the Services described in the Task Order. This
Agreement will become effective on the date first above written.
The terms and conditions of this Agreement shall apply to each Task Order, except to the extent
expressly modified. When a Task Order is to modify a provision of this Agreement, the Article
of this Agreement to be modified shall be specifically referenced in the Task Order and the
modification shall be precisely described.
ARTICLE 1-- SCOPE OF SERVICES
1.1 ENGINEER will perform for COUNTY services as described in individual Task Orders
(hereinafter referred to as "Services") in accordance with the requirements outlined in this
Agreement.
ARTICLE 2 -- TIMES FOR RENDERING SERVICES
2.1 The initial term of this Agreement shall be three years commencing January 19, 2012 and
terminating January 18, 20151, subject to the conditions specified in Article 5.3 of this
Agreement. The COUNTY, at its discretion, shall have the option to renew this Agreement
for two (2) additional one (1) year terms.
2.2 The specific time period for the performance of ENGINEER's Services will be set forth in
individual Task Orders.
2.3 If the speck periods of time for rendering services or specific dates by which services are
to be completed for any individual Task Order are changed through no fault of
ENGINEER, the rates and amounts of compensation provided for herein shall be subject to
equitable adjustment.
ARTICLE 3 -- OWNER'S RESPONSIBILITIES
COUNTY shall do the following in a timely manner so as not to delay the services of
ENGINEER and shall bear all costs incident thereto:
3.1 Pay the ENGINEER in accordance with the terms of this Agreement.
3.2 Provide all criteria and full information as to CO 's requirement for a Task Order and
designate in writing a person to act as CO 's representative with respect to the
services to be performed or furnished by ENGINEER under this Agreement. Such person
will have complete authority to transmit instructions, receive information, interpret, and
define CO 's policies and decisions with respect to ENGINEER's services for the
project.
3.3 Provide all criteria and full information as to CO 's requirements for the project
described in each Task Order, including, as applicable to the Services, design objectives
and constraints, space, capacity and performance requirements, flexibility and
expandability, and furnish copies of all design and construction standards which
COUNTY will require to be included in the Drawings and Specifications.
3.4 Furnish to ENGINEER all existing studies, reports and other available data and services of
others pertinent to the Task Order, obtain or authorize ENGINEER to obtain or provide
additional reports and data as required, and furnish to ENGINEER services of others
required for the performance of ENGINEER's services for a Task Order, and ENGINEER
shall be entitled to use and rely upon all such information and services provided by
COUNTY or others in performing ENGINEER's services under a Task Order.
3.5 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent
to the project described in each Task Order including previous reports and, as applicable to
the Services, any other data relative to design or construction of the project.
3.6 Provide access to and make all provisions for ENGINEER to enter upon County property
as required for ENGINEER to perform services under a Task Order and inform and assist
ENGINEER in obtaining access to private property and property owned by other
government entities as required.
3.7 Examine all studies, reports, sketches, Drawings, Specifications, proposals and other
documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and
other consultants as OWNER deems appropriate for such examination and render in
writing decisions pertaining thereto within a reasonable time so as not to delay the services
of ENGINEER.
3.8 Assist ENGINEER in obtaining approvals and permits from all governmental authorities
having jurisdiction over the Task Order and such approvals and consents from others as
may be necessary for completion of the Task Order.
3.9 give prompt written notice to ENGINEER whenever COUNTY observes or otherwise
becomes aware of any development that affects the scope or time of performance or
furnishing of ENGINEER's Services or any defect or conformance in ENGINEER's
Services or in the work of any Contractor.
3.1 0 COUNTY agrees to assume responsibility for personal and property damages due to
ENGINEER's interference with subterranean structures such as pipes, tanks and utility
lines that are not correctly shown on the documents and information provided to
ENGINEER.
ARTICLE 4 -- PAYMENTS TO ENGINEER FOR SERVICES
4.1 Methods of Payment for Services of ENGINEER.
4.1.1 COUNTY shall pay ENGINEER for Services performed or furnished under this
Agreement or as described in each Task order. The amount of any excise, VAT, or
gross receipts tax that may be imposed shall be added to the compensation shown in
each Task order.
4.1.2 The CONSULTANT shall submit to the COUNTY an invoice with supporting
documentation acceptable to the Clerk on a schedule as set forth in the contract.
Acceptability to the Clerk is based on generally accepted accounting principles and
such laws, rules and regulations as may govern the Clerk's disbursal of funds.
4.1.3 If COUNTY fails to make any payment due ENGINEER in accordance with the
Florida Prompt Payment Act F.S. chapter 255, the amounts due ENGINEER will be
increased at the rate of 1.0% per month (or the maximum rate of interest permitted
by law, if less) and, in addition, ENGINEER may, after giving seven days' written
notice to COUNTY, suspend services under this Agreement until ENGINEER has
been paid in full all amounts due for services, expenses and charges. Payments will
be credited first to interest and then to principal. In the event of a disputed or
contested billing, only that portion so contested may be withheld from payment, and
the undisputed portion will be paid.
COUNTY agrees to pay ENGINEER all costs of collection including but not limited to
reasonable attorneys' fees, collection fees and court costs incurred by ENGINEER to
collect properly due payments.
ARTICLE 5 -- GENERAL CONDITIONS
5.1 Standard of Care
The standard of care for all professional engineering and related services performed or
furnished by ENGINEER under this Agreement will be the care and skill ordinarily used
by members of ENGINEER's profession practicing under similar conditions at the same
time and in the same locality.
5.2 Opinions of Probable Construction Cost
ENGINEER's opinions of probable Construction Cost, as applicable to the Services
provided for herein are to be made on the basis of ENGINEER's experience and
qualifications and represent ENGINEER's best judgment as an experienced and qualified
professional engineer generally familiar with the construction industry. However, since
ENGINEER has no control over the cost of labor, materials, equipment, or services
furnished by others, or over the Contractor's methods of dete ' g prices, or over
competitive bidding or market conditions, ENGINEER cannot and does not guarantee that
proposals, bids, or actual Construction Cost will not vary from opinions of probable
Construction Cost prepared by ENGINEER. If OWNER wishes greater assurance as to
probable Construction Cost, OWNER shall employ an independent cost estimator.
5.3 Termination
The obligation to provide further services under this Agreement may be terminated by
either party upon thirty days' written notice in the event of substantial failure by the other
party to perform in accordance with the terms thereof through no fault of the terminating
party. In the event of any termination, ENGINEER will be paid for all services rendered
and reimbursable expenses incurred to the date of termination and, in addition, all
reimbursable expenses directly attributable to termination.
5.4 Use of Documents
5.4.1 All Documents are instruments of service in respect to this Project, and ENGINEER
shall retain an ownership and property interest therein (including the copyright and
the right of reuse at the discretion of the ENGINEER) whether or not the Project is
completed.
5.4.2 COUNTY may rely upon that data or information set forth on paper (also known as
hard copies) that the COUNTY receives from the ENGINEER by mail, hand
delivery, or facsimile, are the items that the ENGINEER intended to send. Files in
electronic media format of text, data, graphics, or other types that are furnished by
the ENGINEER to the COUNTY are furnished only for convenience, not reliance
by the COUNTY. Any conclusion or information obtained or derived from such
electronic files will be at the user's sole risk. In all cases, the original hard copy of
the documents takes precedence over the electronic files.
5.4.3 Because data stored in electronic media format can deteriorate or be modified
inadvertently or otherwise without authorization of the data's creator, the
COUNTY receiving electronic files agrees that it will perform acceptance tests or
procedures within 60 days, after which the COUNTY shall be deemed to have
accepted the data thus transferred. Any transmittal errors detected within the 60-day
acceptance period will be corrected by the ENGINEER.
5.4.4. when transferring documents in electronic media format, the ENGINEER makes no
representations as to long --term compatibility, usability, or readability of such
documents resulting from the use of software application packages, operating
systems, or computer hardware differing from those used by the ENGINEER.
5.4.5 COUNTY may make and retain copies of documents for information and reference
in connection with use on the Project by COUNTY. ENGINEER grants COUNTY
a license to use the Documents on the Project, extensions of the Project, and other
projects of COUNTY, subject to the following limitations: (1) COUNTY
acknowledges that such Documents are not intended or represented to be suitable
for use on the Project unless completed by ENGINEER, or for use or reuse by
COUNTY or others on extensions of the Project or on any other project without
written verification or adaptation by ENGINEER; (2) any such use or reuse, or any
modification of the Documents, without written verification, completion, or
adaptation by ENGINEER, as appropriate for the specific purpose intended, will be
at CO 's sole risk and without liability or legal exposure to ENGINEER or to
ENGINEER's Consultants; (3) COUNTY shall, to the limits set forth in Florida
Statute 768.28, indemnify and hold harmless ENGINEER and ENGINEER's
Consultants from all claims, damages, losses, and expenses, including attorneys'
fees, arising out of or resulting from any use, reuse, or modification without written
verification, completion, or adaptation by ENGINEER; (4) such limited license to
COUNTY shall not create any rights in third parties.
5.4.6. If ENGINEER at CO ' s request verifies or adapts the Documents for
extensions of the Project or for any other project, then COUNTY shall compensate
ENGINEER at rates or in an amount to be agreed upon by OWNER and
ENGINEER.
5.5 Controlling Law
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 a 'strative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and CONSULTANT agree
that venue will lie in the appropriate court or before the appropriate administrative body in
Monroe County, Florida.
5.6 Mutual Waiver of Consequential Dama-es
Notwithstanding any other provision of this Agreement to the contrary, neither party
including their officers, agents, servants and employees shall be liable to the other for lost
profits or any special, indirect, incidental, or consequential damages in any way arising out
of this Agreement however caused under a claim of any type or nature based on any theory
of liability (including, but not limited to: contract, tort, or warranty) even if the possibility
of such damages has been communicated.
5.7 Limitation of Liabilit
In no event shall ENGINEER's total liability to COUNTY and/or any of the CO 's
officers, employees, agents, contractors or subcontractors for any and all Mi caries, claims,
losses, expenses or damages whatsoever arising out of or in any way related to this
agreement from cause or causes, including, but not limited to, ENGINEER's wrongful act,
omission, negligence, errors, strict liability, breach of contract, breach of warranty, express
or implied, exceed the total amount of fee paid to ENGINEER under this agreement or
$500,000, whichever is greater.
5.8 Successors and Assigns
5.8.1. COUNTY and ENGINEER each is hereby bound and the partners, successors,
executors, administrators and legal representatives of COUNTY and ENGINEER
(and to the extent permitted by paragraph 5.8.2 the assigns of COUNTY and
ENGINEER) are hereby bound to the other party to this Agreement and to the
partners, successors, executors, administrators and legal representatives (and said
assigns) of such other party, in respect of all covenants, agreements and obligations
of this Agreement.
5.8.2. Neither COUNTY nor ENGINEER may assign, sublet or transfer any rights under
or interest (including, but without limitation, moneys that may become due or
moneys that are due) in this Agreement without the written consent of the other,
except to the extent that any assignment, subletting or transfer is mandated by law
or the effect of this limitation may be restricted by law. Unless specifically stated to
the contrary in any written consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under this Agreement.
5.8.3. Unless expressly provided otherwise in this Agreement:
5.8.3.1. Nothing in this Agreement shall be construed to create,
impose or give rise to any duty owed by ENGINEER to any
Contractor, Subcontractor, Supplier, other person or entity, or to any
surety for or employee of any of them, or give any rights in or
benefits under this Agreement to anyone other than COUNTY and
ENGINEER.
5.8.3.2. All duties and responsibilities undertaken pursuant to this
Agreement will be for the sole and exclusive benefit of
COUNTY and ENGINEER and not for the benefit of any other
Ply-
5.9 Notices
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt
requested, or by a nationally recognized overnight courier service to the following:
FOR COUNTY
County Administrator and County Attorney
1100 S imonton Street PO Box 1026
Key West, FL 33040 Key West, Fl. 33041-1026
FOR CONSULTANT:
Ignacio L. Lizama, P.E.
Associate
CDM Smith Inc.
Soo Brickell Avenue, Suite 500
Miami, FL 33131
All notices shall be effective upon the date of receipt.
5.10 S everabilit
Any provision or part of the Agreement held to be void or unenforceable under any law or
regulation shall be deemed stricken, and all remaining provisions shall continue to be valid
and binding upon OWNER and ENGINEER, who agree that the Agreement shall be
reformed to replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken
provision.
5.11 Changed Conditions
If concealed or unknown conditions that affect the performance of the Services are
encountered, which conditions are not ordinarily found to exist or which differ materially
from those generally recognized as inherent in the Services of the character provided for
under this Agreement or which could not have reasonably been anticipated, notice by the
observing party shall be given promptly to the other party and, if possible, before
conditions are disturbed. Upon claim by the ENGINEER, the payment and schedule shall
be equitably adjusted for such concealed or unknown condition by change order or
amendment to reflect additions that result from such concealed, changed, or unknown
conditions.
5.12 Environmental Site Conditions
5.12.1 COUNTY has disclosed to ENGINEER in writing the existence of all known and
suspected Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material,
hazardous substances, and other Constituents of Concern, as defined in Article 6,
located at or near the Site, including type, quantity, and location.
5.12.2 COUNTY represents to ENGINEER that to the best of its knowledge no
Constituents of Concern, other than those disclosed in Writing to ENGINEER, exist
at the Site.
5.12.3 If ENGINEER encounters an undisclosed Constituent of Concert, then ENGINEER
shall notify (1) COUNTY and (2) appropriate governmental officials if ENGINEER
reasonably concludes that doing so is required by applicable Laws or Regulations.
5.12.4 It is acknowledged by both parties that ENGINEER's scope of services does not
include any services related to Constituents of Concern. If ENGINEER or any other
party encounters an undisclosed Constituent of Concern, or if investigative or
remedial action, or other professional services, are necessary with respect to
disclosed or undisclosed Constituents of Concern, then ENGINEER may, at its
option and without liability for consequential or any other damages, suspend
performance of services on the portion of the Project affected thereby until
COUNTY: (1) retains appropriate specialist consultant(s) or contractor(s) to
identify and, as appropriate, abate, remediate, or remove the Constituents of
Concern, and (2) warrants that the Site is in full compliance with applicable Laws
and Regulations.
5.12.5 If the presence at the Site of undisclosed Constituents of Concern adversely affects
the performance of ENGINEER' s services under this Agreement, then the
ENGINEER shall have the option of (1) accepting an equitable adjustment in its
compensation or in the time of completion, or both; or (2) terminating this
Agreement for cause on 30 days' notice.
5.13 Insurance
As a pre -requisite of the work governed, or the goods supplied under this Agreement
(including the pre -staging of personnel and material), the CONSULTANT shall obtain, at
his own expense, insurance as specified in any attached schedules, which are made part of
this Agreement. The CONSULTANT will ensure that the insurance obtained will extend
protection to all Contractors and subcontractors engaged by the CONSULTANT. As an
alternative, the ENGINEER may require all Contractors and Subcontractors to obtain
insurance consistent with the attached schedules.
The CONSULTANT will not be permitted to commence work governed by this Agreement
(including pre -staging of personnel and material) until satisfactory evidence of the required
insurance has been furnished to the COUNTY as specified below. Delays in the
commencement of work, resulting from the failure of the CONSULTANT to provide
satisfactory evidence of the required insurance, shall not extend any specified deadlines and
any penalties and failure to perform assessments shall be imposed as if the work
commenced on the specified date and time, except for the CONSULTANT's failure to
provide satisfactory evidence.
The CONSULTANT shall maintain the required insurance throughout the entire term of
this contract and any extensions specified in the attached schedules. Failure to comply with
this provision may result in the immediate suspension of all work until the required
insurance has been reinstated or replaced. Delays in the completion of work resulting from
the failure of the CONSULTANT to maintain the required insurance shall not extend any
specified deadlines and any penalties and failure to perform assessments shall be imposed
as if the work had not been suspended, except for the CONSULTANT's failure to maintain
the required insurance.
The CONSULTANT shall provide, to the COUNTY, as satisfactory evidence of the
required insurance, a Certificate of Insurance.
The acceptance and/or approval of the CONSULTANT'S insurance shall not be construed
as relieving the CONSULTANT from any liability or obligation assumed under this
Agreement or unposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as Additional Insured on all policies, except for Workers' Compensation and
Professional Liability.
Any deviations from these General Insurance Requirements must be requested in writing
on the County -prepared form entitled, "Request for Waiver of Insurance Requirements"
and approved by Monroe County Risk Management.
Prior to execution of this agreement, the CONSULTANT shall furnish the COUNTY
Certificates of Insurance indicating the minimum coverage limitations as indicated by the
attached forms identified as exhibit's 1 through 4, each attached hereto and incorporated as
part of this contract document, and all other requirements found to be in the best interest of
Monroe County as may be imposed by the Monroe County Risk Management Department.
5.14 DiscoVely
ENGINEER shall be entitled to compensation on a time and materials basis when
responding to all requests for discovery relating to this Project and to extent that
ENGINEER is not a party to the lawsuit.
5.15 Nondiscrimination and Affirmative Action
CONSULTANT agrees 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
dis ' * ation has occurred, this Agreement automatically terminates without any further
action on the part of any party, effective the date of the court order. However, in the event
of such termination, CONSULTANT shall be paid for all services rendered and
reimbursable expenses incurred to the date of termination. CONSULTANT agrees 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 dis ' ation on the basis of handicaps; 4) The Age Discrimination Act of 1975,
as amended (42 USC ss. 6101- 6107) which prohibits dis . ation 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 nondis ' ' ation 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 patient 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.
5.16 Force Mai eure
Any delays in or failure of performance by ENGINEER shall not constitute a default under
this Agreement if such delays or failures of performance are caused by occurrences beyond
the reasonable control of ENGINEER including but not limited to: acts of God or the
public enemy; expropriation or confiscation; compliance with any order of any
governmental authority; changes in law; act of war, rebellion, terrorism or sabotage or
damage resulting there from; fires, floods, explosions, accidents, riots; strikes or other
concerted acts of workmen, whether direct or indirect; delays in permitting not reasonably
under the CONSULTANT'S control; COUNTY's failure to provide data in CO 's
possession or provide necessary comments in connection with any required reports
prepared by ENGINEER, or any other causes which are beyond the reasonable control of
ENGINEER. ENGINEER's scheduled completion date shall be adjusted to account for
any force majeure delay and ENGINEER shall be reimbursed by COUNTY for all costs
incurred in connection with or arising from a force majeure event, including but not limited
to those costs incurred in the exercise of reasonable diligence to avoid or mitigate a force
majeure event.
5.17 Waiver
Waiver by either party of any breach or failure to enforce any of the terms and conditions
of this Agreement at any time shall not in any way effect, limit, or waive such party's rights
thereafter to enforce and compel strict compliance with all the terms and conditions of this
Agreement.
5.18 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.
5.19 Subcontractors
ENGINEER may utilize such ENGINEER's Subcontractors as ENGINEER deems
necessary to assist in the performance of its Services.
5.20 Coordination with Other Documents
It is the intention of the parties that if the ENGINEER's Services include design services,
then the Standard General Conditions will be used as the General Conditions for the Project
and that all amendments thereof and supplements thereto will be generally consistent
therewith. Except as otherwise defined herein, the terms which have an initial capital letter
in this Agreement and are defined in the Standard General Conditions will be used in this
Agreement as defined in the Standard General Conditions. The term "defective" will be
used in this Agreement as defined in the Standard General Conditions.
5.21 Purchase order
Notwithstanding anything to the contrary contained in any purchase order or in this
Agreement, any purchase order issued by COUNTY to ENGINEER shall be only for
accounting purposes for COUNTY and the pre-printed teams and conditions contained on
any such purchase order are not incorporated herein, shall not apply to this Agreement, and
shall be void for the purposes of the Services performed by ENGINEER under this
Agreement.
5.22 Change orders
5.22.1 Any work not contained in a Task order shall be a change, and shall be performed
by ENGINEER only pursuant to a written Change order to this Agreement signed
by COUNTY and ENGINEER. Such a Change order may increase or decrease the
Work within the general scope of this Agreement. If this Change order causes an
increase in the cost of the Work, or of the time required for the performance of the
Work, ENGINEER shall be paid additional compensation acceptable to both parties
in accordance with Exhibit A or granted an extension of the schedule, or both.
5.22.2 In the event COUNTY requests ENGINEER to develop information necessary for
the consideration of a change in the project, and such a change is not adopted,
COUNTY shall reimburse ENGINEER for the costs which it incurs in connection
with such efforts.
5.23 Construction Contractor's Means and Methods
ENGINEER shall have no authority over or responsibility for the means, methods,
techniques, sequences, or procedures selected by the construction contractor or for safety
precautions and programs incident to the work of the construction contractor.
5.24 Reporting Regulated Conditions
To the extent required by law, COUNTY shall promptly report regulated conditions,
including, without limitation, the discovery of releases of hazardous substances at the site
to the appropriate public authorities in accordance with applicable law.
5.25 Indemnification
The ENGINEER shall indemnify and hold harmless the OWNER and its officers and
employees from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorney's fees, to the extent caused by the negligence, recklessness, or
intentional wrongful conduct of the ENGINEER and other persons employed or utilized by
the consultant in the performance of this Agreement, in accordance with Section 725.08 of
the Florida Statutes.
5.25 Status of ENGINEER
Nothing contained in this Agreement shall be construed or interpreted as requiring
ENGINEER, its officers, agents, servants, or employees to assume the status of a generator,
storer, treater, transporter or disposal facility as those terms appear within the Resource
Conservation Recovery Act, 42USCA, Section 6901, et seq. (RCRA), or within any state
statute of similar effect governing the treatment, storage, transportation or disposal of
waste.
5.27 Dispute Resolution
In the event of any dispute between the parties arising out of or in connection with the
contract or the services or work contemplated herein; the parties agree to first make a good
faith effort to resolve the dispute informally. Negotiations shall take place between the
designated principals of each party. If the parties are unable to resolve the dispute through
negotiation within 45 days, then either party may give written notice within 10 days
thereafter that it elects to proceed with non -binding mediation pursuant to the commercial
mediation rules of the American Arbitration Association. In the event that mediation is not
invoked by the parties or that the mediation is unsuccessful in resolving the dispute, then
either party may submit the controversy to a court of competent jurisdiction. The foregoing
is a condition precedent to the filing of any action other than an action for injunctive relief
or if a Statute of Limitations may expire.
Each party shall be responsible for its own costs and expenses including attorneys' fees and
court costs incurred in the course of any dispute, mediation, or legal proceeding. The fees
of the mediator and any filing fees shall be shared equally by the parties.
ARTICLE 6 — DEFINITIONS
• Whenever used in this Agreement the following terms have the meanings indicated which are
applicable to both the singular and the plural.
6.1.1 Services
The services to be performed for or furnished to COUNTY by ENGINEER
described in this Agreement.
6.1.2 Agreement
This Agreement between COUNTY and ENGINEER for Professional Services
including those exhibits listed in Article 6.
6.1.3 Constituent of Concern
Any substance, product, waste, or other material of any nature whatsoever
(including, but not limited to, Asbestos, Petroleum, Radioactive Material, and
PCBs) which is or becomes listed, regulated, or addressed pursuant to [a] the
Comprehensive Environmental Response, Compensation and Liability Act, 42
U.S.C. §§9601 et seq, ("CERCI-A")l [b] the Hazardous Materials Transportation
Act, 49 U.S.C. §§ 1801 et seq.; [c] the Resource Conservation and Recovery Act, 42
U.S.C. §§6901 et seq. ("RCRA"); [d] the Toxic Substances Control Act, 15 U.S.C.
§§2601 et seq.; [e] the Clean Water Act, 33 U.S.C. §v1251 et seq.; [f] the Clean Air
Act, 42 U.S.C. §§7401 et seq.; and [g] any other federal, state, or local statute, law,
rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to,
or imposing liability or standards of conduct concerning, any hazardous, toxic, or
dangerous waste, substance, or material.
6.1.4 Construction Cost
The total cost to COUNTY of those portions of the entire Project designed or
specified by ENGINEER. Construction Cost does not include ENGINEER's
compensation and expenses, the cost of land, rights -of -way, or compensation for or
damages to properties, or COUNTY's legal, accounting, insurance counseling or
auditing services, or interest and financing charges incurred in connection with the
Project or the cost of other services to be provided by others to COUNTY pursuant
to Article 3. Construction Cost is one of the items comprising Total Project Costs.
6.1.5 Documents
As applicable to the Services, the data, reports, drawings, specifications, record
drawings and other deliverables, whether in printed or electronic media format,
provided or furnished by ENGINEER to COUNTY pursuant to the terms of this
Agreement.
6.1.6 Contractor
The person or entity with whom COUNTY enters into a written agreement covering
construction work to be performed or furnished with respect to the Project.
6.1.7 ENGINEER's Subcontractor
A person or entity having a contract with ENGINEER to perform or furnish
Services as ENGINEER's independent professional subcontractor engaged directly
on the Project.
6.1.8 Project
The total undertaking as described in each Task Order.
6.1.9 Reimbursable Expenses
The expenses incurred directly in connection with the performance or furnishing of
Services for the Project for which OWNER shall pay ENGINEER as agreed in
Exhibit in each ENGINEER's Task Authorization.
6.1.1 o Res ident Project Representative
The authorized representative of ENGINEER who will be assigned to assist
ENGINEER at the site during the Construction Phase. The Resident Project
Representative will be ENGINEER's agent or employee and under ENGINEER's
supervision. As used herein, the term Resident Project Representative includes any
assistants of Resident Project Representative agreed to by COUNTY. The duties
and responsibilities of the Resident Project Representative are set forth in Exhibit B,
"Duties, Responsibilities and Limitations of Authority of Resident Project
Representative" ("ExIiibit B ").
6.1.11 Standard General Conditions -
The Standard General Conditions of the Construction Contract (No.) of the
Engineers Joint Contract Documents Committee.
6.1.12 Total Project Costs -
The sum of the Construction Cost, allowances for contingencies, the total costs of
design professional and related services provided by ENGINEER and (on the basis
of information furnished by COUNTY) allowances for such other items as charges
of all other professionals and consultants, for the cost of land and rights -of -way, for
compensation for or damages to properties, for interest and financing charges and
for other services to be provided by others to COUNTY under Article 3.
ARTICLE 7 — EXHIBITS AND SPECIAL PROVISIONS
7.1 This Agreement is sub j ect to the provisions of the following Exhibits which are attached to
and made a part of the Agreement;
Exhibits 1 through 5 inclusive,
This Agreement (consisting of Pages 1 to inclusive), and the Exhibits identified above
constitute the entire agreement between OWNER and ENGINEER and supersede all prior
written or oral understandings. This Agreement may only be amended, supplemented,
modified, or canceled by a duly executed written instrument.
ARTICLE 8 -MISCELLANEOUS
8.1 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.
8.2 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 submitted by the CONSULTANT shall be approved by the COUNTY
prior to submission.
8.3 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.
8.4 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.
8.5 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
CD and the CONSULTANT agree that neither the COnor 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.
8.6 Attestations. Consultant agrees to execute such documents as the COUNTY may
reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a
Drug -Free workplace Statement.
8.7 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 the COUNTY or
CONSULTANT in their individual capacities, and no member, officer, agent or employee
of the COUNTY or CONSULTANT shall be liable personally on this Agreement or be
subject to any personal liability or accountability by reason of the execution of this
Agreement.
8.8 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 signing any such counterpart.
8.9 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.
8.10 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.
8.11 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 CONSULTANT agrees that the COUNTY
shall have the right to terminate this Agreement without liability and, at its discretion, to
offset from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
8.12 Non --Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes,
the participation of the COUNTY and the CONSULTANT in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or
local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the
County be required to contain any provision for waiver.
8.13 Rights and Remedies. The specific remedies set forth in this Agreement, including but not
limited to those remedies with respect to the quality of the Services performed by
CONSULTANT hereunder, are the exclusive remedies of the Parties.
8.14 Time of Accrual. For services performed by CONSULTANT before substantial
completion, all causes of action against CONSULTANT shall accrue and the statute of
limitations shall commence to run no later than the date of substantial completion of the
Proj ect. For services performed by CONSULTANT after the date of substantial
completion but before final completion of the Project, all causes of action against
CONSULTANT shall accrue and the statute of limitations shall commence to run no later
than the date of final completion. The Parties expressly agree that the discovery rule for
purposes of accrual shall not apply.
8.15 Publicity. Neither of the Parties shall make any press release, news disclosure or other
advertising related to the Project that includes the name of the other party without first
obtaining the written approval of the other party.
8.16 Federal, State and Local Law. The CONSULTANT shall comply with all federal, state,
county and local laws, ordinances, rules and regulations now and hereafter in force which
may be applicable to the operation of its business at the airport as amended from time to
time.
8.17 Airport Security Requirements.
a. General. The federal Transportation Security Administration is the federal agency
primarily responsible for overseeing the security measures utilized by the airport owner pursuant
to the relevant provisions of Chapter 49, United States Code, and regulations adopted under the
authority of the Code, including but not limited to 49 CFR 1540, et seq. Violations of the statutes
or regulations may result in severe civil monetary penalties being assessed against the airport
operator. It is the intent of the airport operator that the burdens and consequences of any security
violations imposed upon the airport operator as a result of actions by an airport tenant or the
airport tenant's employees, agents, invitees, or licensees shall be borne by the airport tenant.
b. Airport Tenant Defined. An airport tenant means any person, entity, organization,
partnership, corporation, or other legal association that has an agreement with the airport
operator to conduct business on airport property. The term also includes an airport tenant as
defined in 49 CFR 1540.5. Each signatory to this Agreement, other than the airport operator, is
an airport tenant.
c. Airport operator Defined. As used in this Agreement, airport operator means
Monroe County, Florida, its elected and appointed officers, and its employees.
d. Airport Property Defined. Airport property shall mean the property owned or leased
by, or being lawfully used by, the airport operator for civil aviation and airport -related purposes.
For purposes of this Agreement, airport property is the property generally referred to as the Key
West Airport, the Marathon Airport, or both as may be set forth in this Agreement.
e. Inspection Authority. The airport tenant agrees to allow Transportation Security
Administration (TSA) authorized personnel, at any time or any place, to make inspections or
tests, including copying records, to determine compliance of the airport operator or airport tenant
with the applicable security requirements of Chapter 49, United States Code, and 49 CFR 1540,
et seq.
f. Airport Security Program. The airport tenant agrees to become familiar, to the extent
permitted by the airport operator, with the Airport Security Program promulgated by the airport
operator and approved by TSA, and also agrees to conform its' operations and business activities
to the requirements of the Airport Security Program.
g. Tenant Security Program. If permitted under TSA regulations, the airport tenant may
voluntarily undertake to maintain an Airport Tenant Security Program as referred to in 49 CFR
1542.113. If the airport tenant voluntarily promulgates an Airport Tenant Security Program that
is approved by TSA, such program, as may be amended and approved from time to time, shall be
automatically incorporated into this Agreement.
h. Breach of Agreement. Should TSA determine that the airport tenant or one or more of
the airport tenant's employees, agents, invitees, or licensees has committed an act or omitted to
act as required, and such act or omission is a violation which results in TSA imposing a civil
penalty against the airport operator in accordance with TSA's Enforcement Sanction Guidance
Policy, such determination and imposition of a civil penalty by TSA shall be considered a
significant breach of this Agreement.
(1). Minimum Violation. If the violation is the first or second violation attributed to the
airport tenant and is a civil penalty minimum violation[] as provided for in TSA's Enforcement
Sanction guidance Policy, the airport tenant may cure the breach by paying to the airport
operator the total costs incurred by the airport operator, including any fines or penalties imposed,
in investigating, defending, mitigating, compromising, or taking of remedial measures as may be
agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred
in the investigation, defense, compromising, mitigation, or taking of remedial action measures. If
the violation is a third violation, or there are multiple violations in excess of two violations, that
is or are a civil penalty minimum Violation Cl , the airport tenant shah pay to the airport operator
the total costs incurred by the airport operator, including any fines or penalties imposed, in
investigating, defending, compromising, mitigating, or taking of remedial measures as may be
agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred
in the investigation, defense, compromising, mitigation, or taking of remedial action measures;
and, further, the airport operator shall have the right to unilaterally cancel this Agreement, such
cancellation to be effective thirty calendar days after receipt by the airport tenant of written
notice of cancellation of this Agreement by the airport operator.
(2). Moderate Violation. If the violation is the first or second violation attributed to the
airport tenant and is a civil penalty moderate violation as provided for in TSA' s Enforcement
Sanction Guidance Policy, the airport tenant may cure breach by paying to the airport operator
the total costs incurred by the airport operator, including any fines or penalties imposed, in
investigating, defending, compromising, mitigating or taking of remedial measures as may be
agreed to by TSA to include but not be limited to reasonable attorney's fees and costs incurred in
the investigation, defense, compromising, mitigation, or taking of remedial action measures; and,
further, the airport tenant may cause all of airport tenant's employees involved in the airport
tenant's business operations on the airport property to undergo such security training as may be
required by the airport operator. The total cost of the training shall be paid for by the airport
tenant. If the violation is a third violation, or there are multiple violations in excess of two
violations, that is or are a civil penalty moderate violation, the airport tenant shall pay to the
airport operator the total costs incurred by the airport operator, including any fines or penalties
imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures
as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs
incurred in the investigation, defense, compromising, mitigation, or taking of remedial action
measures; further, the airport operator shall have the right to unilaterally cancel this Agreement
such cancellation to be effective thirty calendar days after receipt by the airport tenant of written
notice of cancellation of this Agreement by the airport operator.
(3). um Violation. If the violation is the first violation attributed to the airport
tenant and is a civil penalty "maximum violation" as provided for in TS A' s Enforcement
Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport
operator the total costs incurred by the airport operator, including any fines and penalties
imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures
as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs
incurred in the investigation, defense, compromising, mitigation, or taking of remedial action
measures; and, further, the airport tenant may cause all of airport tenant's employees involved in
the airport tenant's business operations on the airport property to undergo such security training
as may be required by the airport operator. The total cost of the training shall be paid for by the
airport tenant. If the violation is a second violation, or there are multiple violations, that is or are
a civil penalty "maximum violation", the airport tenant shall pay to the airport operator the total
costs incurred by the airport operator, including any fines or penalties imposed, in investigating,
defending, compromising, mitigating, or taking of remedial measures as may be agreed to by
TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the
investigation, defense, compromising, mitigation, or taking of remedial action measures; and,
further, the airport operator shall have the right to unilaterally cancel this Agreement, such
cancellation to be effective thirty calendar days after receipt by the airport tenant of written
notice of cancellation of this Agreement by the airport operator.
(4). Mitigation of Breach. TSA has a policy of forgoing civil penalty actions when the
airport operator detects violations, promptly discloses the violations to TSA, and takes prompt
corrective action to ensure that the same or similar violations do not recur. This policy is known
as the TSA Voluntary Disclosure Program Policy, and is designed to encourage compliance with
TSA regulations, foster secure practices, and encourage the development of internal evaluation
programs. The airport tenant agrees that upon detecting a violation the airport tenant will
immediately report it to the airport operator. Should the TSA ultimately determine that the
violation was committed by the airport tenant, or an employee, agent, invitee, or licensee of the
airport tenant, but the violation should result in the issuance of a letter of correction in lieu of a
civil penalty, then the airport tenant shall reimburse the airport operator the total costs incurred
by the airport operator in investigating, defending, mitigating, or taking of remedial measures as
may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs
incurred in the investigation, defense, mitigation, or taking of remedial action measures. A
violation resulting in the issuance of a letter of correction shall not be considered to be a breach
of this Agreement by the airport tenant.
(5). Survival of Sub -Section. This sub -section 8.17 shall survive the cancellation or
termination of this Agreement, and shall be in full force and effect.
8.18 Mutual Review. This Agreement has been carefully reviewed by CONSULTANT and the
COUNTY; therefore this Agreement is not to be construed against either party on the basis
of authorship.
8.19 Entirety of Agreement. This Agreement constitutes the entire Agreement between the
parties with respect to the subject matter hereof and supersedes all prior negotiations and
discussions concerning the subject matter hereof.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLAND.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
date first written above in four (4) counterparts, each of which shall, without proof or accounting
for the other counterparts, be deemed and original contract.
(SEAL)
ATTEST: DANNY L. KOLHAOE, CLERK
M
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor/Chairman
CONSULTANT:
CDM SMYM c.
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WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
Prior to the commencement of work governed by this Agreement, the Consultant 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:
$1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease, policy limits
$1,000,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the Agreement.
Coverage shall be provided by a company or companies authorized to transact business in the
State of Florida and the company or companies must maintain a minimum rating of A -VI, as
assigned by the A.M. Best Company.
If the Consultant has been approved by Florida's Department of Labor, as an authorized self -
insurer, the County shall recognize and honor the Contractor's status. The Consultant 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 Consultant participates in a self-insurance fund, a Certificate of Insurance will be requi
fred.
In addition, the Consultant may be required to submit updated financial statements from the fund
upon request from the County.
EXHIB IT 1
GENERAL LIABILITY
INSURANCE REQUIREMENTS
Prior to the commencement of work governed by this Agreement, the Consultant shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a ' um:
• Premises Operations
• Products and Completed operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the rni_n a limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 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 maybe 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.
EXHIBIT 2
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
Recognizing that the work governed by this Agreement requires the use of Vehicles, the
Consultant, 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 mM*ILMum,
liability coverage for:
9 Owned, Non -Owned, and Hired Vehicles
The m n' limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$500,000 per Person
$1,000,000 per Occurrence
$100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
EXIIB IT 3
ARCHITECTS/ENGINEERS ERRORS AND OMISSIONS LIABILITY
(1996 Edition)
INSURANCE REQUIREMENTS
Recognizing that the work governed by this Agreement involves the furnishing of architectural
or engineering services, the Consultant, prior to the commencement of work, shall purchase and
maintain, throughout the life of the agreement, Architects/Engineers Errors and Omissions
Liability Insurance which will respond to damages resulting from any claim arising out of the
negligent acts, errors or omissions of Consultant in the performance of professional services
under this agreement. This insurance shall be maintained in force for a period of two years after
the date of Substantial Completion of any project governed by this agreement.
The minimum limits of liability shall be:
$2,000,000 per claiml$2,000,000 aggregate
EXHIB IT 4
Smith
EXHIBIT B
SCHEDULE OF HOURLY BILLING RATES
HOURLY
CATEGORIES RATES*
PROFESSIONAL SERVICES
OFFICER $200.00
PRINCIPAUASSOCIATE $180-00
SENIOR PROFESSIONAL $155.00
PROFESSIONAL II $136-00
PROFESSIONAL 1 $120.00
PROFESSIONAL SUPPORT SERVICES
SENIOR SUPPORT SERVICES $126.00
STAFF SUPPORT SERVICES $100.00
FIELD SERVICES
SENIOR PROFESSIONAL $130.00
PROFESSIONAL $95.00
PROJECT SUPPORT SERVICES
PROJECT ADMINISTRATION $86.00
*LOADED (BURDENED) HOURLY RATES SUBJECT TO CHANGE
JANUARY 2013
Exhibit 5