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Item C17BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 10, 2015 Division: Public Works/Engineering Bulk Item: Yes X No _ Department: Project Management Staff Contact Person/Phone #: Kevin Wilson x8797 AGENDA ITEM WORDING: Approval of a task order with T.Y. Lin International/H.J. Ross for the Jackson Square Chiller & Communication Tower Relocation. The conceptual design is funded in the one -cent infrastructure tax. ITEM BACKGROUND: The two current chillers and cooling towers as well as the communication tower are located on the roof of the Jefferson B. Browne Building. One of the chillers is failing, and should be demolished and replaced. Both the new chiller and existing chiller to be located to a new location adjacent to the Freeman Justice Center. The communication tower will be replaced and relocated on the ground. PREVIOUS RELEVANT BOCC ACTION: On January 16, 2014 the BOCC approved an On Call Professional Engineering Services Agreement with T.Y. Lin International/H.J. Ross to provide professional services for miscellaneous projects in which construction costs do not exceed $2,000,000.00. On March 18, 2015 the BOCC approved a 1st Amendment to the Agreement officially accepting a change in personnel. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval as stated above. Funding is established for fiscal year 2015 for the conceptual design in fund 304. The remaining budget is proposed for fiscal year 2016. TOTAL COST: $176,000.00 INDIRECT COST: BUDGETED: Yes x Conceptual Design No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: $176,000.00 SOURCE OF FUNDS: Fund 304 REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: DISPOSITION: Included X Not Required AGENDA ITEM # Revised 7/09 MONROE COUNTY BOARD OF COUNTY .COMMISSIONERS CONTRACT SUMMARY Contract with: T.Y. Lin International Contract # Effective Date: 06/10/15 Expiration Date: Contract Purpose/Description: Professional engineering services for the Jackson Square chiller and communication tower relocation. Contract Manager: Ann Riger X4439 Project M mt/Sto #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 06/10/15 Agenda Deadline: 05/26/15 CONTRACT COSTS Total Dollar Value of Contract: $ 176,000 Current Year Portion: $ 30,500.00 Budgeted? Yes® No ❑ Account Codes: Sly- 2-ttOV& ��(�OCo?�--�' 1-5,1- -53Ga�ie Grant: $ N/A - - - - County Match: $ N/A - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date Out Date In Needed vi w Division Director Yes❑ No❑ L/ Risk Management j Yes❑ No❑ O.M.B./Purcliasing _ II '�J t 1� 5�es❑ No[]' % a 15 County Attorney J J Yes[:] Na[� Comments: OMB Form Revised 2/27/01 MCP 42 TASK ORDER PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES BETWEEN MONROE COUNTY AND T.Y. LIN INTERNATIONAL/H.1 ROSS FOR In accordance with the Continuing Comract for On Call Professional Engineering Services, made and entered on the 16'h day of January 2014, and as aineii(led on the 18"' day of May 2015 between MONROE COUNTY, hereinafter referred to as the "County" and T.Y. LIN INTERNATIONAL/H.J. ROSS hereinafter referred to as "Consultant", where professional services are allowed if construction costs do not exceed $2,000,000.00. All terms and conditions of the referenced Engineering Services Agreement apply to this Task Order, unless the Task Order modifies an Article of the Agreement of which will be specifically referenced in this Task Order and the modification shall be precisely described. These additions apply only to the project referenced in this Task Order. This Task Order is effective on the 101h of Jue,2015. County wishes to relocate the Chiller and the Communication Tower at the Courthouse Complex in Key West. L In accordance to Article 11 SCOPE OF BASIC SERVICES paragraph 2.1 on the On Call Professional Engineering Services Agreement dated January 16, 2014 the Consultant will perform professional engineering services as described below: Existing Chiller & Cooling Towers Location: • Demolition of the older of the two existing chillers and provide a new chiller similar in size in the new location adjacent to the Freeman Justice Center. • Relocate the condensing pump and the chiller Pump associated with this chiller to the new location. • Relocate one of the two existing cooling towers to the new location adjacent to the Freeman Justice Center. • Provide all necessary piping for the proper operation of the relocated chiller/Cooling tower system. • Relocate the other existing chiller/cooling tower/ pumps to the new location adjacent to the Freeman Justice Center and provide the required piping for the proper operation of the system. • The two chiller/cooling tower systems are similar in size and are operating to provide redundancy. Relocated systems will maintain existing redundancy. • The above described relocation of the two systems to be performed in phases so as not to incur any interruption of the HVAC system. New Chillers/Cooling Towers Location: • Provide a new structure adjacent to the south-east side of the Courthouse building. • Structure to be elevated above the existing parking lot within the FRAA property so as to maintain existing parking spaces. 0 The new chiller/cooling towers room above this structure will be designed to match the architectural features of those of the Courthouse. • Concept and design development of new Mono -shaft communication tower to exceed, where possible, the performance specifications of those of the existing communication tower currently located on the roof of the Jefferson B. Browne building, Provide for County emergency and communications as a primary function and for additional future users' facilities, if possible, to be located on the new tower structure. Consult with Monroe County Sheriffs office on all phases of communication tower concept, design and development. ■ The new tower to be located on the ground adjacent to the water tanks on the City of Key West property being leased by FKAA. Inter -local agreements with City and FKAA and construction funding agreement with Sprint potentially to be established. • Determine and evaluate existing underground piping and utilities to avoid conflict with new tower foundation. ■ Investigate location and provide a new communication equipment room for the new tower. Provide the necessary HVAC for the equipment room. • Establish plan for demolition of existing communication tower and associated appurtenances. • Design and construction of the new tower installation and existing tower demolishing shall be coordinated and performed so that no interruption of current functions, services, communications, or City life /safety operations is incurred, • Ascertain and ensure conformity and compliance with applicable laws, permits, FKAA, FCC, and FAA requirements. Emergency Generators: • Review electrical performance specification of the second existing emergency generator currently located on the ground near the water storage tanks. • Verify that existing emergency generator is capable of handling the additional loads of the new communication tower and all associated equipment. If necessary, provide a new generator capable of handling the additional loads. Task 1: Consultant shall provide a Conceptual Design and Drawings which includes the following: • Architectural conceptual drawings for the new proposed chiller/cooling towers building and the new equipment building associated with the new communication tower, • Mechanical conceptual drawings {demolition of existing and new) for the relocated equipment: chillers, pumps, piping, cooling towers and related accessories. • Structural requirements for the new communication tower footing, Task 2: Consultant shall provide five (5) signed and seated sets of construction documents and specifications that meet or exceed Monroe County and Florida Building Code requirements and complies with the County's specifications for approval and permitting by all agencies having jurisdiction over the project. The final construction document set will include: • Civil drawings showing overall site plan, utilities relocation and associated details. • Architectural drawings for the new proposed chillers/cooling towers building and the new equipment building associated with the new communication tower with all the associated details. 04 Mechanical drawings (demolition of existing and new) for the relocated equipment: Chillers, pumps, piping, cooling towers and related accessories, The set will include equipment schedules and necessary details. Structural drawings and details for the new communication tower footing and for the new chiller building. Electrical drawings, schedules and details. Consultant shall provide submittals at 30%, 60%, 90% and 100% completion. Consultant shall assist with the bidding phase of this project, attendance at the pre -bid conference, and responses to all Requests for Information (RM)'s, Consultant shall respond to all RFI's during the construction phase. The County shall provide the services as outlined in Article IV, COUNTY'S RESPONSIBILITIES of the On Call Professional Engineering Services Agreement dated January 16, 2014, PAYMENT: Payment for Task I shalt be made in accordance to Article VII, COMPENSATION of the On Call Professional Engineering Services Agreement dated January 16, 2014 at hourly rates not to exceed Twenty Two Thousand Five Hundred Dollars and 00/100 ($22,500.00). All other terms and conditions of the Task Order shall be in accordance with the On Call Professional Engineering Services Agreement dated January 16, 2014 and as amended on March 18, 2015. SIGNATURE PAGE TO FOLLOW N IN WITNESS WHEREOF, each patty caused Task Order to be executed by its duty authorized representative. (SEAL) Attest: AMY HEAVILIN, CPA, CLERK n� Witnesses for "Elsll� 4111: Witness 1: Print Nanie: Date: I its Witness2: Print Name: _LLCL):j 0. co r1fAJ Date: c- l I j I/ S- STATE OF FLOJUDA IF COUNTY OF AA On this day of 2015, before me, the undersigned notary public, personally appeared , 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 Task Order with Monroe County for On -Call Professional Engineering Services for the Key West Courthouse Chiller Communication and Tower Relocation, for the purposes therein contained. CANDYES ANTANA NOTARY PUB 77 my COWSSION # BE V94 EXPIRES:Januaa29,2017 atINOWY Puc rwriters My Commission expires: BA Tin unde BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA M 30111�2111 T.Y. LkN INYMNATIONAL/11J. ROSS 77400-_ Print Name Title: (h'- i7 fq.71 Date: Ly .—HRIS AMBROSIC moNW6eC81UNifY0 770�-iir. �,,tAf PROMED _A CHRIS AIVISAIDS10 A77 T C7= Date: Z AMENDMENT I TO THE AGREEMENT FOR ON CALL PROFESSIONAL ENGINEERING SERVICES THIS AMENDMENT 1 to the Agreement dated January 16, 2014, between Monroe County, whose addre ;e add is 1100 Simonton Street, Room 2-216 Key West, Florida 33040, hereafter the "COUNTY" and T.Y. Lin rel International/H.J. Ross, a Corporation of the State of California, whose corporate address is 2 Harrison Street, Suite 500, San Francisco, California 94105 and whose office location for work performed is 201 j\!Ihambra Circle, Suite 900, Coral Gables, Florida 33134, hereafter the "CONSULTANT" is entered into on this lEday of 2015. WHEREAS, on the 16 1h day of January 2014, the parties entered into an Agreement for On Call Pr J a� WHEREAS, personnel referenced in Section 2.3 and Section 6.1 of the Agreement has changed and t County finds the change in personnel acceptable: I 1 111111111 � 0 ;lI11111 111111!1! !1111111111111 -T23=1iiM8�11 �� ,giffmilImI1111111=1111sm I'm 1, 11 i- In WITNESS WHEREOF each party hereto has caused this contract to be executed by its duly authorized representative. BOARD OF COUNTY COMMISSIONERS ttv- Y HEAVILIN, Clerk OF MORE COUNTY, FLORIDA By: W Olt M ayor/ch a 40 CANDY E SAWAINIA MYCOMMISSWEE839477 T.Y. LIN I E NANTIONAL H.J. ROSS (SEAL) EXPIRES: January 2017 Attest: tuNoWyPumfetmgera NoWy Pu By: By: J, Title: Title: MONROE COUNTY ATTORNEY APPROVED AS TO FORM: �Lllu bL. L& L 60 kftCL,IV,1 RI 11 N r-- H. 11 MR i---: F-11IT- RAR R : - ASSISIANP �\T,roFTNEY �� 20AThis Agreement ("Agreement") made and entered into M�m/(0'~^dmy mf by and between K0onnmm Cmun\y, a po|dk:a| subdivision of the Sbmha of Florida, xvhde address is 1100 Simonton Stnopt, Key VVeot, Florida, 33040. its mucceomune and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ME T.Y. Lin International / H.J. Ross, a Corporation of the State of California, whose corporate address is 2 Harrison Street, Suite 500, San Francisco, California 94105 and whose office location for work performed is 201 Alhambra Circle, Suite 900, Coral Gables, Florida 33134 its successors and assigns, hereinafter referred to as "CONSULTANT", WHEREAS, COUNTY desires to employ the professional eng ' ineering services of CONSULTANT for various County Projects located in Monroe County, Florida and WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous projects in which construction costs do not exceed $2,000,000.00 The professional services required by this Contract will be for services in the form of a continuing contract, commencing the effective date of this agreement and ending four years thereafter, with options for the County to renew for one additional 1 year period. Specific services will be performed pursuant to individual task orders issued by the COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions that are applicable to such Task Orders. Execution of a Task Order by the COUNTY and the CONSULTANT constitutes the COUNTY's written authorization to CONSULTANT to proceed with the services described in the Task Order. 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 will be specifically referenced in the Task Order and the modification shall be precisely described. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties bmthe COUNTY: 1'1'1 The CONSULTANT shall maintain all necessary |icanoes, permits orother authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1'1'2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work iabobecompleted. 1'1.3 The CONSULTANT shall prepare all documents required by this Agreement ino|uding, but not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable |aw, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, themyfone, eliminating any additional construction cost due bo missing o,incorrect design elements in the contract documents; 1.1.4 The CONSULTANT assumes full responsibility tmthe extent allowed by law with regards to his performance and those directly under his employ. 1.1-5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress ofthe Project. |nproviding all services pursuant tothis agreement, the CONSULTANT shall abide bwall statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such aervioen, including those now in effect and hereinafter adopted. Any violation of said mtobutms, ondinanceo, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract innrnediahak/ upon delivery of written notice of termination to the CONSULTANT. 11.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be., employees of the Board of County Commissioners for Monroe County. 1'1'7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its nac,uiting, hihnQ, pnmmnudmg, tenninating, or any other area affecting employment under this agreement orwith the provision ofservices orgoods under this agreement. 2.1 SCOPE OF WORR The CONSULTANT will perform for the COUNTY services as described in individual Task Orders in accordance with the requirements outlined in the Agreement and the specific Task Order. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre -paid, to the COUNTY by certified mail, return receipt requested, to the following: Ms. Judith Clarke, P.E. Director of Engineering Services Monroe County 16"� : � -- t - - 1 MATZO ffi25TF5F1lK191$T1 10 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 119*710MINUT-MM Mr. Joe L. Gomez, P.E. Principal in Charge 201 Alhambra Circle, Suite 900 Coral Gables, Florida 33134 CA Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT- The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services- -4 9 log 14:4 V - "Okw"'I :&-J :1010 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE 17 ■ AND HOLD HARMLESS 6.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 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. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.3 In the event the completion of the project (to include 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 COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 6.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME foe (-&6 Yrq---L, Pr, ;� t-14 :i. Alamo, P-9 FA, FUNCTION Pf m' J'-q'o' I - I n - e- " V So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII 7.1 PAYMENT SUM -1.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon and shown irt Attachment A. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall •e. paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward • downward; (B) As a condition precedent for any payment due under this Agreement, the • shall submit monthly, unless otherwise agreed in writing • the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. Tht- CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project: =10111411110111115, - - I -I I I L 1 0 b. Cost of reproducing maps or drawings or other materials used in performing the scope of services; a =-, 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October I - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE Vill INSURANCE insurance at all times that this Agreement is in effect. In the event the completion of the project (to include 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. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. I III• II- i I 11 A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non - owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or 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 must extend for a minimum of 48 months following the termination or expiration of this contract. E. Professional liability insurance of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. -- 0 - 11 Wssl 01,714J9 ler--I# W1 410MV-AN Ile 012- 11VAII19ILk 61:10 Milt" M19261610914CUL I E COUNTY during the term of this Agreement. COUNTY will not pay for increased limi if insurance • subconsultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The. COUNTY reserves the right to require a certified copy of such policies upon request. If the ♦ participates in a self-insurance fund, a Cercate of Insurance WW be required. In addition, the CONSULTANT may be required to submit updated financi statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS r�lllsayjfll 111214'] a flag 61:102 11 a 481:m a- -__@_ -__— 9 1 9 - . V a--- 0 2 0 a A The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. Rothing contained herein Shall create any reiationsnip, • in favor • any third •< MIPINNF��� A. In the event that the CONSULTANT shall be found to be negligent in any aspect service, the COUNTY shall have the right to terminate this agreement after five da written notification to the CONSULTANT. I B. Either of the parties hereto may cancel this Agreement without cause by giving the • party sixty (60) • written notice • its intention to do so. Au-�*rerll i k7jeA A 91614111 L1, l=fn&-] This contract consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I -IX), the CONSULTANT'S response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments A, B and C, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES 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 contracts 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 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agreement. Each party to this Agreement or its 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, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with OF C4 V T " WIT Ft monies were paid by the COUNTY. 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, COUNTY and CONSULTANT agree that venue shall lie in the 161� Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY :4 " I W&I ; 2 :4 443 T rargiTiv The COUNTY and CONSULTANT agree that in the event any cause of action of 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 reasonablz attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award agains) the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure tif the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. A • 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 an1 corporate action, as required by law. 1--iZ1A M, I I ISE I I Q t-� t 110 1-10 1-79t-, I IV III$ Wit, 1 (:At I 1110 PRU&I [Rut 4 I-MM4 $191 deiobli;Aols III b-ma I tzltl 111:111 4 0 6 - 0 that all applications, requests, grant proposals, and funding solicitations shall be approve� by each party prior to submission. 5 10IMMM rei L Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. W III oil" his 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. ITM, IMINVAIIA Mgmig MWAMIMEM&A ME I UMMM it a CONSULTANT and COUNTY covenant that neither presently has any interest, and shall under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 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. 9.21 PUBLIC ACCESS. The CONSULTANT and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under4t.-� control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. waiver. 0­516-.141111—M.— '1100-01 r . trxk riv 77T 777- riv 0 rA M M M outside the territorial limits of the COUNTY. 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. No person or entity shall be entitled to rely upon the terms, or any of them, of this �q r.] 1mv IK41EL910 11 L:_A oil I I 919siz+,26ifillug All fir lull 01 RE4116-1VAIS 11:4- the Agreement. No covenant or agreement contained herein shall be deemed to be a covenant or eigreement 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. apl;= *'4 =50100IN Mrema i 4MERIP 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. 3.29 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 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 D13E 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 this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 3.30 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS The following forms and provisions are incorporated in and made a part of this contra] i). Appendix I of the FDOT Standard Professional Services Agreement is inc u e as AaaChmen'. B. b). The CONSULTANT and any sub -consultants shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The CONSULTANT shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT -assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of ihis contract, which may result in the termination of this contract or such other remedy as the COUNTY deems appropriate. c). CONSULTANT will comply, and ensure its sub -consultants will comply, with the Certificatior Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions in 49 C.F.R. Part 29, when applicable. f). Equal Employment Opportunity: In connection with the carrying out of any project, the CONSULTANT shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex national origin, disability or marital status. The CONSULTANT will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion color, gender, national origin, disability or marital status. Such action shall include, but not be limited to.. the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. MUM =,A- I M11111111--IMT-TtRA Mt. U07M.1.9 MeWiTzTe"m ;�s �&WJYW 11111 1 1 i 11111111!11111r: iiii1r:11ri:1i W[9101*1101 N-1 Ibb7IZ-jLVJ1@IZR=iRUVJ Emrj�.Jr. m Vm;maI:aVkIt;I Sol 0161 ft III&VA101r. [Iff-K, NMI@ IV143 [Ij RIVIVA-W(GIII61M 10 M - -- -- - a- *-a- -,- -- -.- - - authorized representative on the day and year first above written. (SEAL) : -, Attest; AMY HEAVILIN, Clerk By Deputy Clerk Date: I' 1-7-2jN4 CA R 9mNz*AF2F.0F.9 My COMMIsSION f EE005478 (Seal) PIKES August og, 2014 Attest: 4 BY: Title: %J By: Mayor/CArman By: Title: A MONROE COUNTY ATTORNEY APPR rVED AS TO FORM: END OF AGREEMENT IA ISTIW' M. LI MBEAT- BARROWS ASSIsIANJ COUNTY ATTORNEY Date 49130/-Id ATTACHMENT A - CONSULTANT RATES ATTACHMENT A — CONSULTANT RATES JOB CLASSIFICATION BURDENED HOURLY RATE Project Manager $175.00 Senior Engineer $160.00 Project Engineer $125.00 Engineer $98.00 Engineer Intern CADD Technician Administrative 3 Man Crew ( Daily Burdened) 4 Man Crew (Daily Burdened) Landscape Architect Landscape Designer a • r • n• -r --r • _ TERMS FOR FEDERALAID_GQN RA T15JAPPENDIX W The following terms apply to all contracts in which it Is indicated in Section 63 of the Standard Professional Services Agreement that the services involve the expenditure of federal funds: A It is understood and agreed that all rights of the Department relating to inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered Into by the parties hereto with regard to the work to be performed hereunder without the approval of the U.S. Department of Transportation, anything to the contrary in this Agreement not withstanding. C Compliance with Regulations. The Consultant shall comply with the Regulations of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. D. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate an the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of material and leases of equipment. The Consultant will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix 13 of the Regulations. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor of supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. Information and Rep arts: The Consultant will provide all info rmafton and reports required by the Regulations, or direclive s issued pursuant thereto, and will permit access to its books, race rda, accounts, other sources of InfarmatIon, and its facilities as may be determined by the Florida Department of Transportation, Federal Highway Administration, Federal Transit Adminiall miion, Federal Aviation Administration, andlor Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations. orders and instructions. Where any information required of the Consultant Is In the exclusive poseessian of another who falls or refuses to furnish this Information, the Consultant shall sa certify to tha Florida Department of Transpodia Ilan, Federal Highway Administratlon. Federal Transit Adminletration, Federal Aviaton Adminlstratlan, andlor the Federal Motor Carrier Safely Administrationas appropriate, and shall vet forth what efforts it has made to obtain the information. G Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, : Florida Department of Tran'i :.......r ri•i such contractr • as It or #.d aHighway Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carder Safety Administration may determine to be appropriate, Including, but not limited to, 1, withholding of payments to the Consultant under the contract until the Consultant complies andior ij, cancellation, termination or suspension of the contract, In whole or in part. Incorporation or Provislana: The Consultant wl11 include the provisions of Paragraph C throu[dh H in every subcontract, including procurements of materials and leases of equipment unless suempt by the Regulations, order, or instructions issued pursuant thereto. The Consultant will take such action with respect to any subcontract or procurement as the Florida Department of Transportation, Federal Highway Administration, Federal Transit Adminetratlon, Federal Aviation Administration, andlor the Federal Motor Carrier Safety Administration may direct as a means of enforcing such ;)revisions, including ssnclions for noncompliance. In the event a Consultant becomes Involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the Florida Department of 1'ranaportation to enter Into such litigation to protect the Interests of the Florida [)apartment of Transportation, and, In addition, the Consultant may request the United States to enter Into such litigation to protect the interests of the United States. share or part of this contract or to any benefit arlaing therefrom, Interest of Public Officials; No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall havrw any Interest, direct ur indirect, In ibis contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other pollticai subdivisions of Slates; and public corporations, boards, and commissions established under the laws of any State. 49 CFR 26.13(b). This statements shall be included in all subsequent agreements between the Consultant and any subconsultent or r:- The Consultant, sub recipient or subcontractor shall not discriminate an the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts, Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result In termination of this contract or other such remedy as the recipient deems appropriate, It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States Code, Title 18, Section 1020, Is hereby incorporated by reference and made a part of this Agroamant. M It is understood and agreed that if the Consultant al any time Teams that the certification it provided the 0opartmenl in compliance with I CFR, Section 25.51, was arrnnenus who submitted or has become erroneous by reason of ;hanged circumstances, the Consultant shall provide immediate written notice to tha Department. It -s further agreed that the clause tilled "CetAft ca[ion Regardirig Debarment, Suspension, I n alig i h I lity and Voluntary ExcluSinn - Lower Tier Coverad Transaction" as set forth in 49 CFR, Section 29,510, shall be included by the Consultant in all lower [ter covered transactions and in all aforementioned federal regulation. The Department hereby certifies that neither tho consultant nor the consultant's representative has been required by the Department, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract, to 1 employ or retain, or agree to employ or retain, any firm or person, or 2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; The Department further acknowledges that this agreement will ba furnished to a federal agency, in connection with this contract involving participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. 0. The Consultant hereby certifies thet It has not. employed or relained for a commission, percentage, brokerage, contingent fee, or other coneldarallom any firm or person (other then a bona fide employee working solely for the above conkfactor) to solicit or secure this contract; 2 agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this contract; or paid, or agreed to pay, to any firm, organization or person (other than a bone tide employee working solely for the above contractor) any fee contribution. donation, or coosrdaretinn of any kind for, or In connection with, procuring or carrying out the contract. The consultant further acknowleogas that this agreement will be furnished to the State of Florida Department of Tramsportation and a federal agency in connection with this contract involving participation of Fnderai-Aid funds, and Is subject to applicable State and Federal Laws, both criminal and civil. ATTACHMENT Federalt Contracts STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION IF-MMY-MC ACTMIMES • FEDERAL -AID • (Compliance vAth 49CFR, Section 20.100 (b)) 375-030-33 PROCUREMENT 10/01 The prospective participant certities, 6y signing this ce 0 is or nul-KnUUMV and belief: f?Zt t72X21AT71 was •- • entered into. Submission • this certification is a prerequisite • making • entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. J - - - vtIll Imli the language of this certification be included in all lowertier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Name of Consultant: By: Date: �Z Authorized Signature: Title: STATE OF FLORIDA DEPARTMENT OF - i / 1 CUREME CERTIFICATION REGARDING DEBARMENT, SUSPENSION, _t it INELIGIBILITY i VOLUNTARY EXCLUSION FOR FEDERAL i CONTRACTS (Compliance! Section 29.510) (Appendix s Certification] -t - i`.t i 'i t i_ 1 t' ♦'i:. i iii 't it i'.'t.. t` 'i i t '. t • - t-i'. ! i t. '.t i �' `tdepartment or agency. - N of By Date: orizQ sgn re------ . Title: Instructions for Certification signing and submitting this certificationproposal, ` prospective lf participant is providing 1. set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department may pursue available remedies, including suspension andlor debarment, 3. The prospective Y participant provide immediate written notice 1 person o which this proposal is su# • ♦. at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms 'covered transaction', 'debarred', 'suspended', 'ineligible', 'lower her covered transaction','participanf, 'person', primary covered transaction', 'principal', 'proposal', and 'voluntarily excluded', as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 5. The prospective 1tier participant agrees by submitting this proposal that,} / the proposed R " r transaction 1...:.. `i :. it jjt,�joginQ, onjor I i qn� lower tier covered transaction with a erson who is debarred, suslended, declared which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Appendix 8: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction", without modification,:F # ed transactions ani in all solicitations1 ♦. covered 'i Y :s. 1 participant in a c1 : 1` transaction may rely uponcertification of a prospective participant in a l♦wer tier covered 1'., that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous, A oarticippant ma-, decide the method and frepuenc, . which it determines the elinibiliiX of its adad-nals. Each participant may, but is not required to, check the Nonprocurement List. Nothing Y ':'Y in the foregoing shall be construed to require establishmentof a system of records in order to ieMI♦d Client#: 722 TYLININTE1 DATE (MM/DD ) ACORDTM 5/14/215 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CER-OFICATE 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 endorsement(s). PRODUCER IOITACT Nancy errick ealey, Renton Associates PHONN — 510 465-3090 FAx 1 2-2193 P. O. Box 1675 E-MAIL nferfick@dealeyrenton.com AaoRE55: -`�' renton.co ----- ---- ---— y----- Oakland, C 9604-275 510 465-3090 _ INSURER(S) AFFORDING COVERAGE NAIC # r t a Ir�.mra T. Y. Lin International/.J. Ross 345 California Street, Ste. 2300 San Francisco, CA 9104 INSURER B: Hartford Underwriters Ins. Co. r [, INSURER C: Aspen Specialty Ins. • r INSURERD COVERAGES CERTIFICATE NUMBER: REVISIO 'VTR TYPE OF INSURANCE A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY _ 1 CLAIMS -MADE ® OCCUR X Cotract'I Lia. X Cross Liab. GEN'L AGGREGATE LIMIT APPLIES PER: f'RO- .. _ POLICY7f �4T� ..l LOc A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTo5 _ AUTOS X HIRED Auros X NON -OWNED AUTOS UMBRELLA LIAR OCCUR EXCESS LIAB _ _ CLAIMS -MADE DED —LRETENTiON $ !� WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOWPARTNER/EXECUTIVE UFFICERIMEMBER EXCLUDED? N N / A (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below L A90115 ib"*) {MMIDDIYYYY} I LIMITS $1,000,000 112015 03/01 /2016, EACH OCCURRENCE PREpaoMIRENTED °e $10,000 j� MED EXP (Any one person) f PERSONAL & ADV INJURY $1,000,000 GENERAL_ AGGREGATE $2,000,000 (PRODUCTS - COMP/OPAGG $2,000,000 $ 310112015I03/01/2016iaE aiLcN mj IN(aLE LIMIT 111,000,000 BODILY INJURY {Per person} $ BODILY INJURY {Per accident} $ PROPER FY DAMAGE $ f Pe r �i ccidnn I} $ EACH OCCURRENCE $ AGGREGATE $ /2015 03/01 /216 X I WC STATU- OTH- - TL�ftY.LIMLI :C E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 /2015 03/01/201 J2,000,000 per Claim 2,000,000 Anni Aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) General Liability Policy excludes claims arising out of the performance of professional services. i Days NoticeofCancellation (10• r r of Re: Key West Courthouse Chiller & Communication Tower Relocation. Monroe County Board of County per ■ form. L�LR i 1�1\aH 1 C nv.��u�n C.H3YLtLLR 11VIV EXPIRATIONMonroe County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORM THE DATE THEREOF,DELIVERED Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. rr Simonton Key West, FIL r, r rr O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S133622! 12661 F ADDITIONALINSURED - OWNERS, LESSEES R CONTRACTORS - SCHEDULED PERSON OR Name Of Additional Insured Person(s) Or i i. Monroe County Board of County Commissioners 1100 Simonton Street #2-216 Key West, FL 33040-3110 A. SectionWho Is An Insured is amended to include as an additional insured the person(s) or organization(s) • ' i but • '. caused,with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" in whole or part, 1. Your acts or omissions; or 2. The acts or omissions of those acting on your • ` in the performance of your ongoing operations for the additional insurinsured( location(s) designated above. WOTOMMet MIJOTINg • r> i • { exclusionsWith respect to the insurance afforded to these additional insureds, the following additional apply: This insurance does not apply to "bodily injury" or "property damage" occurring work,1. All r / materials,parts or equipment furnish/ in connection work, on project maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations ! CG 20 37 07-V ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS XOMA Name Of Additional Insured Person(s) Location And Description Of Completed Or Organization(s): Operations Monroe County Re: Key West Courthouse Chiller & Communication Tower Relocation. 1100 Simonton Street #2-216 Key West, FL 33040-3110 Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 @ ISO Properties, Inc., 2004 Page I of 1