Item G52BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 20, 2013 Division: Public Works/Engineering
Bulk Item: Yes X No _ Department: Project Management
Staff Contact Person/Phone #: David R Hill X4616
AGENDA ITEM WORDING: Approval to renew the Architectural/Engineering Contract with
CH2M1-1ill, Inc. for projects in which construction costs do not exceed $2,000,000.00 or for study
activity if the fee for professional services for each individual study under the contract does not exceed
$200,000.00.
ITEM BACKGROUND: A Continuing Contract for Professional Architect /Engineering Services was
awarded to CH2M11ill, Inc. on December 16, 2009. The contract term is for four years with the option
to renew the contract for two one year periods. CH2MHill Inc.'s contract will expire on December 15,
2013,
PREVIOUS RELEVANT BOCC ACTION: On December 16, 2009 the BOCC approved a
Continuing Services Contract with CH2MHill Inc. for projects in which construction costs do not
exceed $2,000,000.00 or for study activity if the fee for professional services for each individual study
under the contract does not exceed $200,000.00.
CONTRACT /AGREEMENT CHANGES: Contract to be renewed for the first of two one -year
periods commencing on December 16, 2013 and ending December 15, 2014.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: N/A INDIRECT COST:
BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT COSTS
Total Dollar Value of Contract: $ N/A
Budgeted? Yes® No ❑ Account Codes:
Grant: $
County Match: $
Current Year Portion: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Nat included m dollar value above) (e . nmintenance .
CONTRACT REVIEW
I Division Director
Risk Management
I O.M.B./Purchasing
I County Attorney
Changes
Date In Needed
Yes❑ Non
Yes❑ No❑
Yes❑ No❑
Yes❑ No❑
Reviewer
Date Out
Comments:
W B Form Revised 2/27/01 MCP #2
CONTRACT SUMMARY
Contract with: C H2M Hill
Contract #
Effective Date: 12/16/13
Expiration Date: 12/15/14
Contract Purpose/Description:
Renewal of the Continuin Contract for Archite ctural/En ine erin Services in which
Construction costs do not exceed
$2,000,000.00 for for study activity if the fee for professional
services for each individual stu
under the contract does not exceed JZQQ 000.00
Contract Manager: Ann Riger
X4439 Project M ° mt /Sto a #1
(Name)
(Ext.) (Department/Stop #)
for BOCC meetin on 11/20/13 A ends Deadline: 11/04/13
CONTRACT COSTS
Total Dollar Value of Contract: $ N/A
Budgeted? Yes® No ❑ Account Codes:
Grant: $
County Match: $
Current Year Portion: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Nat included m dollar value above) (e . nmintenance .
CONTRACT REVIEW
I Division Director
Risk Management
I O.M.B./Purchasing
I County Attorney
Changes
Date In Needed
Yes❑ Non
Yes❑ No❑
Yes❑ No❑
Yes❑ No❑
Reviewer
Date Out
Comments:
W B Form Revised 2/27/01 MCP #2
I' AMENDMENT TO CONTRACT FOR
PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHTIECT /ENGINEER
FOR THE EXTENSION OF THE CONTINUING CONTRACT
This First Amendment to Contract (herein after "Amendment") between Owner and Architect /Engineer
for the Continuing Contract for Professional Services ( "Contract"), entered into between Monroe County
( "Owner" or "County") and CH2M Hill Engineers, Inc. ( "Architect/Engineer") is made and entered into
this 20 day of November, 2013, in order to amend the Contract as follows:
WITNESSETH
WHEREAS, on December 16, 2009, the parties entered into a continuing contract for Professional
Services, pursuant to Florida Statute 287.055 (2) (g) where services are to be rendered for projects in
which the estimated construction costs of each individual project under the contract does not exceed
Two Million Dollars ($2,000,000.00), or for study activity if the fee for Professional Services for each
Individual study under the contract does not exceed Two Hundred Thousand Dollars ($200,000.00); and
WHEREAS, on September 21, 2011 a Consent to Assignment was entered between the parties
establishing the change in legal entity effective October 2-9,2011 from the Assignor CH2M Hill, Inc. to
the Assignee CH2M Hill Engineers, Inc., all the Assignors rights, title and interest in the original contract;
and
WHEREAS, the Continuing Contract stipulates that a separate contract for each project awarded to the
Architect by the Owner be provided each with specific scopes of work, time schedules, charges and
payment conditions, and additional terms and conditions applicable to that specific contract; and
WHEREAS, in accordance to the Continuing Contract the Professional Services will be for a period of four
years commencing on the date of the contract, with options for the Owner to renew on an annual basis
for two additional one year periods;
NOW THEREFORE, in consideration of the mutual promises; covenants and agreements stated herein,
and for other good and valuable consideration, the sufficiency of which hereby acknowledged, the
Owner and the Architect agree as follows:
1. The Continuing Contract for Professional Services dated December 16, 2009 and terminating on
December 15, 2013, shall be renewed for the first of two one -year periods effective on December 16,
2013 and terminating December 16, 2014.
2. The following shall be added to Article XVII of the original Continuing Contract dated December
16,2009:
a) Architect shall not disclose, publish, or authorize others to disclose or publish, design data,
drawings, specifications, reports, or other information pertaining to the services performed
by the Architect or other information to which the Architect has had access during the Term
of this Master Agreement without the prior written approval of the County, during the Term
of this Master Agreement and for a period of two (2) years after the termination of this
Master Agreement. Nevertheless, the parties agree that the Architect may use and publish
the County's name and give a general description of the work provided by the Architect for
the purpose of informing other clients and potential clients of the Architect's work
experience and qualifications.
b) Should the County receive a request for documents pursuant to Chapter 119, Florida
Statutes, Architect shall cooperate with the County to facilitate the County's compliance
with Chapter 119, Florida Statutes. Should the Architect assert any exemptions to the
requirements of Chapter -119 and related statutes, the burden of establishing such
exemption, by way of injunctive or other relief as provided by law, shall be upon the
Architect. Failure by the Architect to cooperate with the County in connection with a Public
Records request shall be grounds for immediate unilateral cancellation of this Master
Agreement by the County."
3. In all other respects, the original Continuing Contract dated December 16, 2009 remains
unchanged.
IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly authorized
representative on the day and year first written above.
(SEAL)
Attest: AMY HEAVILN, CPA, Clerk
By:
Deputy Clerk
WITNESS tP "hitect's Si ture:
� 7 / ,/W g ,-�
WITN SS Signature
Print Witness Name
Date•
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor /Chairman
ARCHITECT �> l A 1
By:
ASSISTAN'r COUN Fy A l Fps "3w
Date i/ —13 fit)/ . .
CONTRACT FOR
PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECT /ENGINEER
THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND
ARCHITECT /ENGINEER (the "Contract" or "Agreement ") is made and entered into by
Monroe County ( "Owner" or "County"), a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040, its successors and
assigns through the Monroe County Board Of County Commissioners ( "BOCC "), and
CM2MHILL. Inc._ the( "Architect/Engineer ")., whose address is 6410 5` Street, STE
2 -A. Key West FL 33040 its successors and assigns.
This contract shall be effective on the date of execution by the last party signatory to the
contract.
This contract is issued as a continuing contract pursuant to Florida Statute 287.055(2) (g).
The professional services required by this Contract are to be rendered for projects in
which the estimated construction costs of each individual project under the contract does
not exceed Two Million Dollars ($2,000,000.00), or for study activity if the fee for
professional services for each individual study under the contract does not exceed Two
Hundred Thousand Dollars ($200,000.00).
The parties shall enter into a separate contract for each project awarded to the
Architect/Engineer by the Owner. The specific services to be performed under these
separate contracts will be determined by the Owner and agreed to by the
Architect/Engineer. Each separate contract will contain specific scope of work, time
schedule, charges and payment conditions, and additional terms and conditions applicable
to that specific contract. Architect/Engineer will be chosen pursuant to Owner policy and
work will be distributed among all contractors who have signed a continuing contract.
The professional services required by this contract will be for services in the form of a
continuing contract, commencing on the effective date of this contract and ending four
years thereafter, with options for Owner to renew on an annual basis for two additional
years.
The terms and conditions of this Contract shall apply to any separate contract, unless
expressly modified in the provisions of the separate contract. Where the terms of this
Contract differ from the terms of the separate contract, the terms of the separate contract
shall take precedence. The separate contract will contain its specific scope of work and it
is anticipated by this Contract that the scope of work in the separate contract will be in
addition to the scope of work outlined in this Contract
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the sufficiency
of which hereby acknowledged, the Owner and the Architect/Engineer agree:
FORM OF AGREEMENT
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Contract, Architect/Engineer makes the following express
representations and warranties to the Owner:
1.1.1 The Architect/Engineer is a professional qualified to act as the Architect/Engineer
for the Project and is licensed to practice Architecture /Engineering by all public entities
having jurisdiction over the Architect/Engineer and the Project;
1.1.2 The Architect/Engineer shall maintain all necessary licenses, permits or other
authorizations necessary to act as Architect/Engineer for the Project until the
Architect/Engineer's duties hereunder have been fully satisfied;
1.1.3 The Architect/Engineer shall become familiar with the individual Project site and
the local conditions under which the Project is to be designed, constructed, and operated.
prior to entering a separate contract for any specific Project.
1.1.4 The Architect/Engineer shall prepare all documents required by this Contract
including, but not limited to, all contract plans and specifications, in such a manner that
they shall be in conformity and comply with all applicable law, codes and regulations.
The Architect/Engineer warrants that the documents prepared as a part of this Contract
will be adequate and sufficient to accomplish the purposes of the Project, therefore,
eliminating any additional construction cost due to missing or incorrect design elements
in the contract documents;
1.1.5 The Architect/Engineer assumes full responsibility to the extent allowed by law
with regards to his performance and those directly under his employ as
Architect/Engineer of Record.
1.1.6 The Architect/Engineer's services shall be performed as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work. The
Architect/Engineer shall submit, for the Owner's information, a schedule for the
performance of the Architect/Engineer's services which may be adjusted as the Project
proceeds if approved by the Owner, and shall include allowances for periods of time
required for the Owner's review, and for approval of submission by authorities having
jurisdiction over the Project. Time limits established by this schedule and approved by
the Owner may not be exceeded by the Architect/Engineer except for delay caused by
events not within the control of the Architect/Engineer or foreseeable by him.
1.1.7 In providing all services pursuant to this agreement, the Architect/Engineer shall
abide by all statutes, ordinances, rules and regulations pertaining to, or regulating such
services, including those now in effect and hereinafter adopted. Any violation of said
statutes, ordinances, rules and regulations shall constitute a material breach of this
agreement and shall entitle the COUNTY to terminate this agreement immediately upon
delivery of written notice of termination to the Architect/Engineer.
ARTICLE II
SCOPE OF ARCHITECT /ENGINEER'S BASIC SERVICE
2.1 DEFINITION
2.1.1 Architect/Engineer's Basic Services consist of those described in Paragraphs 2.2
through 2.8, and other services identified as part of Basic Services, and include normal,
civil, structural, mechanical, electrical, studies, assessments, evaluations, and
General Engineering Services including but not limited to transportation,
environmental, storm water, waste water, solid waste engineering and other services
usually provided by Architect or Engineer firms.
2.1.2 The Design for Construction shall include, but shall not necessarily be limited to,
plans and specifications which describe all systems, elements, details, components,
materials, equipment, and other information necessary for construction. The Design for
Construction shall be accurate, coordinated and in all respects adequate for construction
and shall be in conformity, and comply, with all applicable law, codes, permits, and
regulations. Products, equipment and materials specified for use shall be readily
available unless written authorization to the contrary is given by the Owner. The
Architect/Engineer shall be responsible for designing the Project in accordance with the
analyses and recommendations of the geotechnical information furnished by Owner
2.1.3 These services shall include, but not be limited to: Preparation and completion of
the design program, space requirements and relationships, schematic design, design
development, preparation of contract documents for bids, preparation and advertisement
for Request for Bids, tabulation and review of bids, recommendation of contract awards,
cost estimating during design and document preparation, 'administration of contract
documents, consultation and on -site inspections during construction, review and
recommend approval of contractor invoices, preparation and submittal of permit
applications, zoning applications, public presentations and presentations to the County
Commission. Also included are studies, evaluations, assessments and General
Engineering Services which include but are not be limited to transportation,
environmental, stormwater, wastewater, solid waste engineering. Architect/Engineer
shall arrange his schedule in order to be available to perform the listed services for one or
for several projects if requested by COUNTY and with the understanding that for any
individual project the construction costs will not exceed the limits under F.S. 287.055
(
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect/Engineer shall review the County's program, schedule and
construction budget furnished by the Owner to ascertain the requirements of the Project
and shall arrive at a mutual understanding of such requirements with the Owner.
2.2.2 The Architect/Engineer shall review with the Owner's proposed site use and
improvements, required permits, zoning, selection of materials, building systems and
equipment; and method of Project delivery.
2.2.3 The Architect/Engineer shall review with the Owner alternative approaches to
design and construction of the Project.
2.2.4 Based on the mutually agreed -upon program, schedule and construction budget
requirements, the Architect/Engineer shall prepare, for approval by the Owner, Schematic
Design Documents consisting of drawings and other documents illustrating the scale and
relationship of Project components.
2.2.5 Upon completion of the Schematic Design Phase, the Architect/Engineer shall
provide drawings, outline specifications, estimate of anticipated cost in accordance with
the schematic designs, and other documents for the Owner's approval and information.
2.2.6 The Schematic Design must be approved in writing, by the Owner prior to
Architect/Engineer continuing to the Design Development Phase.
2.3 DESIGN DEVELOPMENT/DOCUMENT PHASE
2.3.1 Upon completion of the Design Development Phase, the Architect/Engineer shall
provide drawings, outline specifications and other documents for the Owner's approval
and information. The Architect/Engineer shall provide an estimate of anticipated costs in
accordance with the design development phase.
2.3.2 The Design Development Documents must be approved in writing, by the Owner
prior to Architect/Engineer continuing to the Construction Documents Phase.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 The Architect/Engineer shall provide Drawings and Specifications for the
Owner's review.
2.4.2 The Architect/Engineer shall assist the Owner in the preparation of the necessary
bidding information, bidding forms, the Conditions of Contracts, and the forms of
Agreement between the Owner and the Contractors.
2.4.3 The Architect/Engineer's construction documents (plans, specifications, etc.) will
conform to all written codes and regulations of the federal government, county, state,
municipalities, agencies and state departments, in effect at the date of this Agreement,
and shall be of such completion as to receive all permits when applied for. If permits are
denied, then the Architect/Engineer will conform the construction documents in such
manner to receive permits upon such plans. Work required from the Architect/Engineer
to conform the documents to federal, state, city, county, or agency specifications and
permit requirements to allow them to be approved shall be completed at no charge or cost
to the Owner.
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect/Engineer, following the Owner's. approval of the Construction
Documents and the Architect/Engineer's latest estimate of Construction Cost, shall assist
the Owner in obtaining bids or negotiated proposals and assist in preparing contracts for
construction.
2.5.2 The Architect/Engineer shall assist the Owner in issuing bidding documents to
bidders and conducting pre -bid conferences with prospective bidders. The
Architect/Engineer, with the assistance of the Owner, shall respond to questions from
bidders, and shall issue addenda.
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE
CONSTRUCTION CONTRACT
2.6.1. The Architect/Engineer's responsibility to provide Basic Services for the
Construction Phase under this Agreement commences with the award of the Contract for
construction and terminates with the issuance to the Owner of the final Project Certificate
for Payment including the submission of all project close -out documents by the
Architect/Engineer and Contractor. The Architect/Engineer will administer the Owner's
contract as provided for in that document. The Architect/Engineer agrees to perform a
project check prior to the end of the warranty period as a part of the contract. The check
shall not exceed one working day unless additional time is approved by the Owner.
2.6.2 The Architect/Engineer shall at all times have access to the Work whenever it is
in preparation or progress.
2.6.3 The Architect/Engineer shall, as contemplated herein and in the Construction
Contract, but not otherwise, act on behalf, and be the agent, of the Owner throughout
construction of the Project. Instructions, directions, and other appropriate
communications from the Owner to the Contractor shall be given to the Contractor by the
Architect or Monroe County's designated project representative.
2.6.4 The Architect/Engineer shall have authority, after notification to the Owner to
reject Work, which does not conform to the Contract Documents.
2.6.5 The Architect/Engineer shall review and sign or take other appropriate action on
Change Orders and Construction Change Directives prepared by the Owner's
representative for the Owner's approval and execution in accordance with the Contract
Documents.
2.6.6 The Architect/Engineer shall promptly provide appropriate interpretations as
necessary for the proper execution of the work as long as there is no change in Contract
price.
2.6.7 The Architect/Engineer shall require inspection or re- inspection and testing or
retesting of the work, to include architectural /engineering, structural, mechanical and
electrical engineering portions of the work, in accordance with the provisions of the
Construction Contract whenever appropriate.
2.6.8 The Architect, assisted by the Owner's representative, shall conduct inspections to
determine the dates of Substantial Completion and the date of Final Completion.
2.6.9 The Architect/Engineer shall interpret and decide matters concerning performance
of the Contractor under the requirements of the Contract Documents upon written
request.
2.6.10 Interpretations and decisions of the Architect/Engineer shall be consistent with the
intent of and reasonably inferable from the Contract Documents and shall be in writing or
in the form of drawings and submitted on proper Construction Change Directives.
2.6.11 The Architect/Engineer shall render written decisions within a reasonable time on
all claims, disputes or other matters in question between Owner and Contractors relating
to the execution or progress of the Work as provided in the Contract Documents.
2.6.12 Duties, responsibilities and limitations of authority of the Architect/Engineer shall
not be restricted, modified or extended without written agreement of the Owner and
Architect/Engineer.
2.6.13 The Architect/Engineer shall be a representative of and shall advise and consult
with the Owner (1) during construction until final payment to the Contractor is due and
(2) as a Basic Service at the Owner's direction from time to time during the correction
period described in the Contract for Construction.
2.6.14 The Architect/Engineer shall transmit to the Owner all manuals, operating
instructions, as-built plans, warranties, guarantees and other documents and things
required by the Construction Contract and submitted by the Contractor.
2.6.15 The Architect/Engineer shall not have control over or charge of and shall not be
responsible for construction means, methods, techniques, sequences or procedures, or for
safety precautions and programs in connection with the Work, since these are solely the
Contractor's responsibility under the Contract for Construction. The Architect/Engineer
shall not be responsible for the Contractor's schedules or failure to carry out the work in
accordance with the contract documents. The Architect/Engineer shall not have control
over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons performing portions of the work.
2.6.16 The Architect/Engineer shall make available to the Owner any personnel or
consultants employed or retained by the Architect/Engineer for the purpose of reviewing,
studying, analyzing or investigating any claims, contentions, allegations, or legal actions
relating to, or arising out of, the design or construction of the project.
2.6.17 The Architect/Engineer shall review any as -built drawings furnished by the
Contractor and shall certify to the Owner that same are adequate and complete.
2.6.18 The Architect/Engineer shall, without additional compensation, promptly correct
any errors, omissions, deficiencies, or conflicts in the work product of the
Architect/Engineer or its consultants, or both.
2.6.19 The Architect/Engineer must reimburse the Owner for any added costs paid by the
Owner during construction that were incurred as the result of any omission, deficiency, or
conflict in the work product of the Architect/Engineer, its consultants, or both. This
added expense is defined as the difference in cost from that which the Owner would have
paid if the work was included in the bid, and the actual cost presented by the Contractor.
ARTICLE III
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article III are not included in Basic Services. They
shall be paid for by the Owner as provided in this agreement as an addition to the
compensation paid for the Basic Services but only if approved by the Owner before
commencement, and as follows:
A. Providing services of Architect/Engineer for other than the previously listed
consulting scope of Project provided as a part of Basic Services.
B. Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted consulting
practice.
C. Providing representation before public bodies in connection with the Project,
upon approval by the Owner.
3.2 If Additional Services are required, such as those listed above, the Owner
shall issue a letter requesting and describing the requested services to the
Architect/Engineer. The Architect/Engineer shall respond with fee proposal to perform
the requested services. Only after receiving an amendment to the Agreement and a notice
to proceed from the Owner proceed with the Additional Services.
ARTICLE IV
OWNER'S RESPONSIBILITIES
4.1 The Owner shall designate Monroe County Project Management Department or
Engineering Services Department to act on the Owner's behalf with respects to the
Project. The Owner or his designee shall render decisions in a timely manner pertaining
to documents submitted by the Architect/Engineer in order to avoid unreasonable delay in
the orderly and sequential progress of the Architect/Engineer's services. However, the
parties acknowledge that due to Monroe County Policy, Ordinances or State or Federal
Statute there may be times when a decision must be made by the BOCC, in which case
any delay shall not be attributed to Monroe County or its representative.
4.2 Prompt written notice shall be given by the Owner to the Architect/Engineer if
they become aware of any fault or defect in the Project or non - conformance with the
Contract Documents.
4.3 The Owner shall fumish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
Architect/Engineer's services and work of the contractors.
4.4 The Owner's review of any documents prepared by the Architect/Engineer or its
consultants shall be solely for the purpose of determining whether such documents are
generally consistent with the Owner's criteria, as and if, modified. No review of such
documents shall relieve the Architect/Engineer of responsibility for the accuracy,
adequacy, fitness, suitability or coordination of its work product.
ARTICLE V
CONSTRUCTION COST
5.1 The Construction Cost, if applicable, shall be defined in a contract for the specific
Project.
ARTICLE VI
INDEMNIFICATION AND HOLD HARMLESS
6.1 The Architect/Engineer covenants and agrees to indemnify and hold harmless
Owner /Monroe County and Monroe County Board of County Commissioners from any
and all claims for bodily injury, including death, personal injury, and property damage,
including property owned by Monroe County, and any other losses, damages, and
expenses, including attorney's fees, court costs and expenses, which arise out of, in
connection with, or by reason of services provided by the Architect/Engineer or its
Subcontractor(s), occasioned by the negligence, errors, or other wrongful act or omission
of the Architect, their employees, or agents.
6.2 The first ten dollars ($10.00) of remuneration paid to the Architect is for the
indemnification provided for above. Should any claims be asserted against the County by
virtue of any deficiency or ambiguity in the plans and specifications provided by the
Architect/Engineer, the Architect/Engineer 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.
6.3 In the event the completion of the project (to include the work of others) is delayed
or suspended as a result of the Architect/Engineer's failure to purchase or maintain the
required insurance, the Architect/Engineer 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 Architect/Engineer the Architect/Engineer agrees and warrants that
Architect/Engineer 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.
6.4 The extent of liability is in noway 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 VII
7.1 PERSONNEL
The Architect/Engineer shall assign only qualified personnel to perform any service
concerning the project.
ARTICLE VIII
8.1 PAYMENT
Terms of payment will be governed by state guidelines and/or hourly rates to be approved
by the County. Hourly rates are provided in Exhibit A and are subject to annual
affirmation. Details of payment will be set out in the specific separate contract.
8.2 REIMBURSABLE EXPENSES
Shall be negotiated and agreed to prior to award of the separate contract, but only to the
extent and the amounts authorized by Section 112.061, Florida Statutes; however prior to
incurring any expense written approval for any reimbursable expense must be obtained
from the County.
8.3 BUDGET
8.3.1 The Architect/Engineer 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
Agreement 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.
8.3.2 AVAILABILITY OF FUNDS. If funding cannot be obtained or cannot be
continued at a level sufficient to allow for continued reimbursement of expenditures for
services specified in this Contract or in the separate contracts for individual projects, the
agreement may be terminated immediately at the option of the County by written notice
of termination delivered to the Architect. The County shall not be obligated to pay for
any services provided by the Architect after the Architect has received written notice of
termination, unless otherwise required by law.
8.3.3 The County does not guarantee Architect/Engineer any specific amount of work
or contracts under this agreement. The parties shall enter into a separate contract for each
project awarded to the Architect/Engineer by the County. The specific services to be
performed under these separate contracts will be determined by the County and agreed to
by the Architect/Engineer. Each separate contract will contain specific scope of work,
time schedule, charges and payment conditions, and additional terms and conditions
applicable to that specific contract. Architect/Engineer will be chosen pursuant to County
policy and work will be distributed among all contractors who have signed a continuing
contract.
8.3.4 Monroe County's performance and obligation to pay under this contract 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 IX
9.1 APPLICABLE LAW
This contract is governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and performed entirely in the State. Venue for any
mediation, dispute conferences or litigation arising under this contract must be in Monroe
County, Florida The Parties waive their rights to a trial by jury.
ARTICLE X
10.1 OWNERSHIP OF THE PRELIMINARY DESIGN AND THE DESIGN
FOR CONSTRUCTION
10.1 The Drawings, Specifications and other documents prepared by the
Architect/Engineer for this project are instruments of the Architect /Engineer's service for
use solely with respect to this project, and the Architect/Engineer shall be deemed the
author of these documents and shall retain all common law, statutory and other reserved
rights, including reproducible copies, of the Architect/Engineer's Drawings,
10
Specifications and other documents shall not be used by the Owner or others on other
projects except by agreement in writing and with appropriate compensation to the
Architect/Engineer.
10.1.2 Submission or distribution of documents to meet official regulatory requirements
or for similar purposes in connection with the project is not to be construed as publication
in derogation of the Architect/Engineer's reserved rights.
10.1.3 The As -Built drawings and specifications may be furnished by the
Architect/Engineer to the Owner in electronic format in addition to the original As -Built
documents.
10.1.4 The Owner may utilize the construction documents, As -Built documents, etc. as
required for reference on any necessary future work on the site, and for constructing,
using and maintaining the Project.
ARTICLE XI
11.1 SUCCESSORS AND ASSIGNS
The Architect shall not assign its right hereunder, excepting its right to payment, nor shall
it delegate any of its duties hereunder without the written consent of the Owner. The
Owner and Architect, respectively, bind themselves, their partners, successors, assigns
and legal representatives to the other party to this Agreement and to the partners,
successors, assigns and legal representatives of such other party with respect to all
covenants of this Agreement.
ARTICLE XII
NO THIRD PARTY BENEFICIARIES
AND INDEPENDENT CONTRACTOR RELATIONSHIP
12.1 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, between
the parties which creates gives rise to any rights in favor of, any third party.
12.2 INDEPENDENT CONTRACTOR RELATIONSHIP
The Architect/Engineer is and shall be an independent contractor in the performance of
all work, services, and activities under this Agreement and is not an employee, agent or
servant of the County. The Architect/Engineer shall exercise control over the means and
manner in which it and its employees perform the work and in all respects the
Architect/Engineer's relationship and the relationship of its employees to the County
shall be that of an independent contractor and not as employees or agents of the County.
The Architect/Engineer does not have the power or authority to bind the County in any
11
promise, agreement or representation other than such power and authority that is
specifically provided for in this Agreement.
ARTICLE XIII
13.1 INSURANCE
13.1.1 The Architect/Engineer shall obtain insurance as specified and maintain the
required insurance at all times that this Agreement is in effect. Professional Liability
Insurance shall also be maintained as specified. In the event the completion of the project
(to include the work of others) is delayed or suspended as a result of the
Architect/Engineer's failure to purchase or maintain the required insurance, the
Architect/Engineer shall indemnify the County from any and all increased expenses
resulting from such delay.
13.1.2 The coverage provided herein shall be provided by an insurer with an A.M. Best
Rating of VI or better, that is licensed to do business in the State of Florida and that has
an agent for service of process within the State of Florida. The insurance certificate shall
contain an endorsement providing thirty (30) days notice to the County prior to any
cancellation of said coverage. Said coverage shall be written by an insurer acceptable to
the County and shall be in a form acceptable to the County.
13.1.3 Architect/Engineer shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida.
B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000
Disease, policy limits, $100,000 Disease each employee.
C. 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 Hundred
Thousand Dollars ($100,000.00) combined single limit and One Hundred
Thousand Dollars ($100,000.00) annual aggregate.
D. Commercial general 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 Architect or any of its employees, agents or subcontractors or
subconsultants, including Premises and /or Operations, Independent
Contractors; Broad Form Property Damage and a Contractual Liability
Endorsement with Five Hundred Thousand Dollars ($500,000.00) per
occurrence and annual aggregate.
E. Professional liability insurance of Five Hundred Thousand Dollars
($500,000.00) per claim and One Million Dollars ($1,000,000.00) annual
aggregate. If the policy is a "claims made" policy, Architect shall maintain
IN
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.
F. County shall be named as an additional insured with respect to
Architect/Engineer's liabilities hereunder in insurance coverage identified in
Paragraphs C and D.
G. Architect/Engineer shall require its subconsultants to be adequately insured at
least to the limits prescribed above, and to any increased limits of
Architect/Engineer if so required by County during the term of this
Agreement. County will not pay for increased limits of insurance for
subconsultants.
H. Architect/Engineer shall provide to the County certificates of insurance
including those naming the County as an additional insured by including any
subsection thereunder.
ARTICLE XIV
TERMINATION
14.1 Either party hereto may terminate this contract prior to expiration upon giving
seven (7) days written notice to the other in the event that such other party negligently or
for any reason substantially fails to perform its material obligations set forth herein. No
termination expenses shall be paid by the Owner after the date of notice of termination.
14.2 The Owner may terminate this Contract without cause by giving the other party
sixty (60) days written notice of its intention to do so. Termination expenses shall include
expenses available under the contract through the date on the notice of termination and
shall not include any additional services required in order to stop performance of
services, unless agreed to in writing by the County and subject to audit for the purpose of
verification.
ARTICLE XV
ENTIRE AGREEMENT
15.1 This contract constitutes the form of agreement, the exhibits that are attached and
made a part of the contract, and the documents referred to in the form of agreement as a
part of this contract. In the event any conflict between any of those contract documents,
the one imposing the greater burden on the Architect will control.
15.2 A person or affiliate who has been place on the convicted vendor list following a
conviction for public entity crime may not submit a bid on contract to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for
the 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
13
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.
ARTICLE XVI
DISPUTE RESOLUTION
16.1 County and Architect/Engineer agree that all disputes and disagreements shall first
be attempted to be resolved by meet and confer sessions between representatives of each
of the parties. If no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue or issues shall be submitted to mediation before a mediator
mutually agreed to by the parties. The cost of mediation shall be shared equally. The
parties agree that mediation is a condition precedent to the institution of legal or equitable
proceedings by either party. Request for mediation shall be in writing and sent to the
other party. The parties shall agree on a mediator to hear the dispute.
16.2 Mediation shall be held in Monroe County Florida in a location in Key West; the
location may be moved only by mutual agreement of the parties.
16.3 Agreements reached in mediation shall be reduced to writing and signed by the
representative of each party; however agreements must be approved by the Board of
County Commissioners to be enforceable. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction in Monroe County.
16.4 Nothing in this Agreement shall be construed to interfere with a subsequent order
from any court of competent jurisdiction ordering the parties to enter into mediation after
institution of legal or equitable proceedings.
16.5 Arbitration is specifically rejected by the parties as a method of settling disputes
which arise under this agreement; neither of the parties shall be compelled by the other to
arbitrate a dispute which may arise under this Agreement.
ARTICLE XVII
Additional Requirements
17.1 The following items are part of this contract:
a) Architect/Engineer shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Each party to this Agreement or their
authorized representatives shall have reasonable and timely access to such records of
each other party to this Agreement for public records purposes during the term of the
Agreement and for four years following the termination of this Agreement. If an auditor
employed by the County or Clerk determines that monies paid to Architect/Engineer
pursuant to this Agreement were spent for purposes not authorized by this Agreement, the
Architect/Engineer shall repay the monies together with interest calculated pursuant to
F.S. Sec. 55.03, running from the date the monies were paid to County.
14
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement
shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event that
any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the County and Architect/Engineer agree that venue will
lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. The Parties waive their rights to a trial by jury. The County and
Architect/Engineer agree that, in the event of conflicting interpretations of the terms or a
term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding, pursuant
to Section XVI of this agreement.
C) Severability. If any term, covenant, condition or provision of this
Agreement (or the application thereof to any circumstance or person) shall be declared
invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement, shall not be affected
thereby; and each remaining term, covenant, condition and provision of this Agreement
shall be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County. and Architect/Engineer agree to reform the Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of
the stricken provision.
d) Attorney's Fees and Costs. The County and Architect/Engineer agree that
in the event any cause of action or administrative proceeding is initiated or defended by
any party relative to the enforcement or interpretation of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees and court costs expenses, as an award
against the non - prevailing party, and shall include attorney's fees and courts costs
expenses in appellate proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Architect/Engineer and
their respective legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by law. Each party agrees that it has
had ample opportunity to submit this Contract to legal counsel of its choice and enters
into this agreement freely, voluntarily and with advise of counsel.
g) Claims for Federal or State Aid. Architect/Engineer and County agree that
each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to
further the purpose of this Agreement; provided that all applications, requests, grant
proposals, and funding solicitations shall be approved by each party prior to submission.
15
h) Adjudication of Disputes or Disagreements. County and
Architect/Engineer agree that all disputes and disagreements shall be attempted to be
resolved under Section XVI of this agreement. If no resolution can be agreed upon within
30 days after mediation, then any party shall have the right to seek such relief or remedy
as may be provided by this Agreement or by Florida law.
i) Cooperation. In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution, performance, or breach
of this Agreement, County and Architect/Engineer agree to participate, to the extent
required by the other party, in all proceedings, hearings, processes, meetings, and other
activities related to the substance of this Agreement or provision of the services under
this Agreement. County and Architect/Engineer specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
j) Nondiscrimination. Architect/Engineer and County agree that there will
be no discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any party,
effective the date of the court order. Architect/Engineer or County agree to comply with
all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights
Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC
ss. 1681 -1683, and 1685- 1686),, which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of
age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-
616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.
690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse
patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from
time to time, relating to nondiscrimination on the basis of disability; 10) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement. .
k) Covenant of No Interest. Architect/Engineer and County 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.
16
1) Code of Ethics. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers
and employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
m) No Solicitation/Payment. The Architect/Engineer and County 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
Architect/Engineer agrees that the County shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
n) Public Access. The Architect/Engineer and County shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters or other materials in
its possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the Architect and County in conjunction with this
Agreement; and the Architect/Engineer shall have the right to unilaterally cancel this
Agreement upon violation of this provision by County.
o) Non - Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28,
Florida Statutes, the participation of the Architect/Engineer and the County in this
Agreement and the acquisition of any commercial liability insurance coverage, self -
insurance coverage, or local government liability insurance pool coverage shall not be
deemed a waiver of immunity to the extent of liability coverage, nor shall any contract
entered into by the County be required to contain any provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents,
or employees of any public agents or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the County shall
apply to the same degree and extent to the performance of such functions and duties of
such officers, agents, volunteers, or employees outside the territorial limits of the County.
q) Legal Obligations and Responsibilities: Non - Delegation of Constitutional
or Statutory Duties. This Agreement is not intended to, nor shall it be construed as,
relieving any participating entity from any obligation or responsibility imposed upon the
entity by law except to the extent of actual and timely performance thereof by any
17
participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the
County, except to the extent permitted by the Florida constitution, state statute, and case
law.
r) Non - Reliance by Non - Parties. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any
third -party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the Architect/Engineer. and the County agree' that neither the
Architect/Engineer nor the County or any agent, officer, or employee of either shall have
the authority to inform, counsel, or otherwise indicate that any particular individual or
group of individuals, entity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior to, or superior to the community in general or for
the purposes contemplated in this Agreement.
s) Attestations. Architect/Engineer 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.
t) No Personal Liability. No covenant or agreement contained herein shall
be deemed to be a covenant or agreement of any member, officer, agent or employee of
Monroe County in his or her individual capacity, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or be subject to
any personal liability or accountability by reason of the execution of this Agreement.
u) Americans with Disabilities Act of 1990 (ADA). The Architect will
comply with all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and the assurance by the Architect/Engineer pursuant
thereto.
v) Disadvantaged Business Enterprise (DBE) Policy And Obligation. It is the
policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this Agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its
Architect/Engineer agree to ensure that DBE's have the opportunity to participate in the
performance of the 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 DBE's have the opportunity to compete and perform contracts.
The County and the Architect/Engineer 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.
w) 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
18
together shall constitute one and the same instrument and any of the parties hereto may
execute this Agreement by singing any such counterpart.
x) 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.
IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
(SEAL)
`.Attest: DANNY L. KOLHAGE, Clerk
Deputy Clerk
3NF. C 0 E) NTY ATTO R N E Y
PROVED AS TO qRM:
G
t4',6TiLEEF•iE: W. ;:;A'OSEL
ASSISTANT COUNTY AT 02,
Date
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
M or /Chairman
Date: Q_ /1 co /o 9
C Wz2 k 4 ( LL =0 G,
(INSERT NAME of Architect/Engineer)
By.
Signature Corporate Agent
S- ILi I i4-rt�
Print Name of torporate Agent
Date: N oy go - , ;Z00
WITNESS TO Architect/Engineer Signature:
By:
ITN 1 ature
Print Witness Name
Date: /,/- Zo -
END OF AGREEMENT
19
SECTION FIVE
INSURANCE REQUIREMENTS AND INDEMNIFICATION STATEMENT
Insurance Requirement
Worker's Compensation
Employer's Liability
General Liability
Vehicle Liability
Architects Errors and Omissions Liability
Required Limits
Statutory Limits
$100,000 /$500,000 /$100,000
$100,000 Combined Single Limit
$100,000 Combined Single Limit per
Occurrence /$1,000,000 Aggregate
$500,000 per occurrence/ $1,000,000
Aggregate
IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND
SUBCONSULTANTS
The Architect /Engineer /Consultants covenants and agrees to indemnify, hold harmless
and defend Monroe County, its commissioners, officers, employees, agents and servants
from any and all claims for bodily injury, including death, personal injury, and property
damage, including property owned by Monroe County, and any other losses, damages,
and expenses of any kind, including attorney's fees, court costs and expenses, which arise
out of, in connection with, or by reason of services provided by the Architect/Engineer or
Consultant or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors,
or other wrongful act or omission of the Architect/Engineer /Consultant, including its
Subcontractor(s) in any tier, their officers, employees, servants or agents.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the Architect/Engineer /Consultant's failure to purchase or
maintain the required insurance, the Architect/Engineer /Consultant shall indemnify the
County from any and all increased expenses resulting from such delay. Should any claims
be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans
and specifications provided by the Architect/Engineer /Consultant, the
Architect/Engineer /Consultant agrees and warrants that Architect/Engineer /Consultant
shall hold the County harmless and shall indemnify it from all losses occurring thereby
and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Architect /Engineer /Consultant
is consideration for the indemnification provided for above.
20
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply
in full with all the requirements.
e - f 21A U-i l rr
Respondent Ccc. rr. &I G-t. (11, o v 14-om
/r r-Ca K Q KcWI-cj,.
Signature
21
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the Architect named below. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
General Liability - $500,000 Self - Insured Retention
Auto Liability $100,000
Workers Compensation & Employers Liability $500,000
Liability policies are X Occurrence X Claims Made
Marsh USA Inc.
Insurance Broker Signa e
Print Name: Stephen Wilson
*As the insurance broker, Marsh will not certify the Indemnification and Hold Harmless
language for CH2M HILL.
22
SECTION SIX
COUNTY RESPONSE FORMS
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
GATO BUILDING, ROOM 1 -213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Addenda No.(s) 44 t -,J 21 D a / h , 2- Qrt.tgvsi- 1 9 ;t oo rj
I have included:
• The Response Form ✓
• Lobbying and Conflict of Interest Clause ✓
• Non - Collusion Affidavit
• Drug Free Workplace Form ✓
• Respondent's Insurance and Indemnification Statement ✓
• Insurance Agent's Statement ✓
• Professional and Occupational Licenses
I have included a current copy of the following professional and occupational licens .
Mok roc Govr+� C9CLv to�+t-� I.LcWSe. ; G4k2lN. s�c4c o t.or�dt.
4Lrc.ln►Eec�+�e /h7�rtctr� /Ccr�s++"vc+,�n /cat tvl�y'1lLunds�4pc A- •�t6.al-cc�lw.�/
G thd_ .5s rV e.Ni1to t:�UC�ttzs
(Check mark items above, as a reminder that they are included.)
Mailing Address: ( 0 5+k 51-. Sv�t k ;� .0 W ES-t- PL.
Telephone: 3pr .2 9yIby5 Fax: 305*•2q* _V1r 3
Date: NpY •g o, 2 OO
Signed:
i t �
(Name)
IrtL N'L c` ^_
(Title)
(Seal)
23
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
If r 4 �k k % L-L_ = N c of
(Company)
"... warrants that he/it has not employed, retained or otherwise had act on his /its
behalf any former County officer or employee in violation of Section 2 of Ordinance No.
010 -1990 or any County officer or employee in violation of Section 3 of Ordinance No.
010 -1990. For breach or violation of this provision the County may, in its discretion,
terminate this Agreement without liability and may also, in its discretion, deduct from the
Agreement or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or
employee ".
(Signature) e: r Ge. ov l--h
(Ke- e.o--
Date: Ney. 2 v� AeO4-
STATE OF: � L o ► -. 1.. e ,
COUNTY OF: ?� kio t> e a c G,
Subscribed and sworn to (or affirmed) before me on
(date b k r- -e- (name of affiant). He She is
ersonall know to me or has produced
as identification. (type of identification)
Y Notary Public State of Florida
Clark Knapp
Expires 01/24/20
NeT
My commission expires: a1 Zy- Zo ► Z
24
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies
that:
C t-� N` 4. u, x- rJ
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition
of working on the commodities or contractual services that are under bid, the employee
will abide by the terms of the statement and will notify the employer of any conviction of,
or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or
of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, or
any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
.�`. L■ - IA
Signature vv t}�h
Nov 2 0, 2oog
Date I
25
NON - COLLUSION AFFIDAVIT
I, c w G. M o v 1 4, ,, of the city of Pa I M_ g e e, E, 6- ,,,
according to law on my oath, and under penalty of perjury, depose and say that:
1. I am L� re_ n ag ey-
of the firm of _- C M tA_ t_ L r bi
the bidder making the Proposal for the project described in the Request for
r Qualifications for: A - nrtva.( Cdn+ t :nvC Confk'K_ .� for
2. the prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or
with any competitor;
3. unless otherwise required by law, the prices which have been quoted in this
bid have not been knowingly disclosed by the bidder and will not knowingly
be disclosed by the bidder prior to bid opening, directly or indirectly, to any
other bidder or to any competitor; and
4. no attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the
purpose of restricting competition;
5. the statements contained in this affidavit are true and correct, and made with
full knowledge that Monroe County relies upon the truth of the statements
contained in this affidavit in awarding contracts for said project.
(Sign re of Respondent) (Date)
STATE OF: 1="" Z_
Moh✓ve. -G�
P --MJ'o'_
COUNTY OF: �c� ` ' r
PERSONALLY APPEARED BEFORE ME, the unde authority, Cccvc.0 May (..,,,
who, after first being sworn by me, (name of individual signing) affixed
his/her signature in the space provided above on this 20 day of N oyt4*%lae
NOTAR IC
My Commission Expires:
�<r� P i k Notary Public State
Clark Knapp
y My COM".ion D0751767
26 Expires 01/24/2012
�� CERTIFICATE OF LIABILITY INSURANCE
DATE (MWOMYYYY)
'11 /7AM(V W
PRODUCER
THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION
MARSH USA, INC.
122517TH STREET, SUITE 2100
DENVER, CO 80202-5534
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
POLICY NUMBER
��CY��
(rnWar M
15114 - 00124 -GAWC -09/10 HOU DE SMYTH 38359
INSURERS AFFORDING COVERAGE
NAIL 9
INSURED
CH2M HILL, INC.
INSURERA Zurich American insurance Co
16535
INSURER B: American Zurich Insurance Co.
40142
9191 SOUTH JAMAICA STREET
ENGLEWOOD, CO 80112
INSURERC:
PREMI Ea
$ 1,500,000
INSURER D:
$
PERSONAL aADVINJURY
INSURER E
GENERAL AGGREGATE
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE
MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE.POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND
CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
1
TYPE OF INSURANCE
POLICY NUMBER
��CY��
(rnWar M
POUCV E)�ATM
DATE pMj0DiYYYT)
LIMITS
A
X
GE W BILITY
X COMMMCIALGEIERALLIABILITY
CLAIMS MADE a OCCUR
X $500.ODOgig
GL03784726 -05
05/01/2009
05/01/2010
EACH OCCURRENCE
1
PREMI Ea
$ 1,500,000
MED EXP (Any ene pa—)
$
PERSONAL aADVINJURY
$ 1500,000
GENERAL AGGREGATE
$ 5
GENERAL AGGREGATE LIMIT APPLIES PER
POLICY PRO-
JECT LOC
PRODUCTS - COMP/OP A
00
5,0,000
A
X
AUTOMOBILE LABILITV
X ANY AUTO
ALL OVINEDAUTOS
SCHEDULED AUTOS
HIREDAUTOS
NON -OWNED AUTOS
BAP8378516 - 14
05/01/2009
05/01 /2010
COMBINED SINGLE LIMIT
(Ea aw t)
$ 2,000,000
BODILY INJURY
(Per person)
$
BODILYINJURY
(Per accident)
$
PROPERTY DAMAGE
(Peraccident)
$
GARAGE LIABILITY
ANY AUTO
a
Z /�
Jv
,
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
AUTO ONLY: A �
$
PXCESSI UMBRELLA LIABILITY
OCCUR D CLAIMS MADE
DEDUCTIBLE
RETENTION f
EACH OCCURRENCE
$
AGGREGATE
$
$
$
B
B
A
WORKERS COMPENSATION AND
EMPLOYSM LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTNE Y / N
OFFICER/MEMBER EXCLUDED?
0
mNH If dasaibeunder
OVI . bebw
WC8378566 -15 (AOS)
WC83 78 5 65- 1 4.(WI & MA)
WC3784761- 04(ID)
05/01/2009
05/01/2009
05/01/2009
05/01/2010
05/01/2010
05101/2010
OTH-
CIDENT
1,000,000
-EAEMPLO
rLOISWEAASE
$ 1,000,000
- POLICYLIMT
$ 1,000,000
HER
OTHER
DESCRIPTION OF OPERATIONSILOCATION SMFNICLEiUC ADDED BY ENDORSEMENTISPECUU. PROVISIONS
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR TO AUTOMOBILE LIABILITY AND AS PER THE
GENERAL LIABILITY BROAD FORM ENDORSEMENT.
CERTIFICATE HOLDER SEA - 001521259-01 CANCELLATION
MONROE COUNTY
1100 SIMONTON STREET KEY
WEST, FL 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED SWORE THE
MUPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR To MAIL
30 DAYS WRRTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND
UPON THE WSURER. ITS AGENTS OR REPRESENTATNE9.
Mani ,e I Sharon A. Hammer
- ®1998 -2009 ACORD CORPORATION. All Rights Reserved
I7) a ACORD name and logo are registered marks of ACORD
!!�� dill_
2009/2010
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2010
RECEIPT* 46110 -27468
Business Name: CH2M HILL
Owner Name: CH2M HILL
Mailing Address: 800 FAIRWAY DR
DEERFIELD BCH, FL 33441
Business Location: 6410 5TH ST 2A
KEY WEST, FL 33040
Business Phone: 305 - 294 -1645
Business Type: PROFESSIONALS (PROF
CONSULTING ENGINEER)
Rooms Seats Employees Machines
For Vending Business Only
er of Machines Vendin T e
Transfer Fee Sub -Total IPenalty Prior Years 1conecti
;30.00 1 1$0.00
Stalls
PAID - 000 -06- 00001603 08/05/2004 30.00
THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS
THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX. YOU MUST
WHEN VALIDATED PO Box 1129, Key West, FL 33041 MEET ALL COUNTY AND /OR
MUNICIPALITY PLANNING AND
ZONING REQUIREMENTS.
MONROE COUNTY BUSINESS TAX RECEIPT
STATE OF FLORIDA
BOARD OF PROFESSIONAL ENOWEER3
2507 CALLAWAY D STE 200
TALLAHASSEE, FL 32303-52U
CH2M Hill, Inc.
9191 S. JAMAICA ST.
ATT: CATHY POWERS
ENGLEWOOD, CO 80112-5946
DETACH HERE
VOL-
Vim.
"
Board of PD n. al gi
n neers.
Is authorized under t provisions of 41 StatutW.ta offer engineering services
to the public dwough. a Professional.En I "ad under Chapter 471, Florida Eiiai"s.:
CA Nott'- CertifiCtlte 4f otho�. a on
Ekonstl6W. 26*iAp-lt
Audit No: 228201I2095 72
DISPLAY AS REQVIRW BY LAV
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
BOARD OF ARCHITECTURE & INTERIOR DESIGN (850) 487 -1395
1940 NORTH MONROE STREET
��,.•� TALLAHASSEE FL 32399 -0783
CH2M HILL, INC.
9191 S. JAMAICA ST
ENGLEWOOD CO 80112
Our mission at the Department is: License Efficiently, Regulate Fairly. We
constantly strive to serve you better so that you can serve your customers.
Thank you for doing business in Florida, and congratulations on your new license!
DETACH HERE
IS CERTIFIED under tae provisions of ch.481 is
a.pi — ti= dat.. FEB 28, 2011 L09021100SIl
AC# 4260707 STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
BOARD OF ARCHITECTURE & INTERIOR DESIGN
$EQ# L09021100511
DATE BATCH NUMBER LICENSE NBR
02/11/2009 088160186 IAAC001992
The ARCHITECT CORPORATION
Named below IS CERTIFIED
Under the provisions of Chapter 481 FS.
Expiration date: FEH 28 2011
CH2M HILL, INC.
9191 S. JAMAICA ST
ENGLEWOOD
CHARLIE GRIST
GOVERNOR
CO 80112
CHARLES W. DRAGO
DISPLAY AS REQUIRED BY LAW SECRETARY
STATE Of FLORIDA aC# 4260707
Congratulations! With this license you become one of the nearly one million
DEPARTMENT OF BUSINESS AND
Floridians licensed by the Department of Business and Professional Regulation.
< PROFESSIONAL REGULATION
Our professionals and businesses range from architects to yacht brokers, from
boxers to barbeque restaurants, and they keep Florida's economy strong.
AACO 019 9 Z 02/11/09 0 8 816 018 6
Every day we work to improve the way we do business in order to serve you better.
For information about our services, please log onto www.myfloridalicense.com.
ARCHITECT CORPORATION
There you can find more information about our divisions and the regulations that
CH2H HILL, INC.
impact you, subscribe to department newsletters and learn more about the
Department's initiatives.
Our mission at the Department is: License Efficiently, Regulate Fairly. We
constantly strive to serve you better so that you can serve your customers.
Thank you for doing business in Florida, and congratulations on your new license!
DETACH HERE
IS CERTIFIED under tae provisions of ch.481 is
a.pi — ti= dat.. FEB 28, 2011 L09021100SIl
AC# 4260707 STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
BOARD OF ARCHITECTURE & INTERIOR DESIGN
$EQ# L09021100511
DATE BATCH NUMBER LICENSE NBR
02/11/2009 088160186 IAAC001992
The ARCHITECT CORPORATION
Named below IS CERTIFIED
Under the provisions of Chapter 481 FS.
Expiration date: FEH 28 2011
CH2M HILL, INC.
9191 S. JAMAICA ST
ENGLEWOOD
CHARLIE GRIST
GOVERNOR
CO 80112
CHARLES W. DRAGO
DISPLAY AS REQUIRED BY LAW SECRETARY
- - - - -- STATE OF FLORID*
1940 NORTH MONROE STREET
-
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
TALLAHASSEE FL 32399 -0783
CH2M HILL INC
9191 S JAMAICA ST
ATTN: CATHY POWERS
ENGLEWOOD CO 80112
Congratulations! With this license you become one of the nearly one million
Floridians licensed by the Department of Business and Professional Regulation.
Our professionals and businesses range from architects to yacht brokers, from
boxers to barbeque restaurants, and they keep Florida's economy strong.
Every day we work to improve the way we do business in order to serve you better.
For Information about our services, please log onto www.myflorldalicense.com.
There you can find more information about our divisions and the regulations that
impact you, subscribe to department newsletters and learn more about the
Department's initiatives.
Our mission at the Department is: License Efficiently, Regulate Fairly. We
constantly strive to serve you better so that you can serve your customers.
Thank you for doing business in Florida, and congratulations on your new licensel
DETACH HERE
(850) 487 -1395
Aft STATE OF FLORIDA AC# 4496092
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
QB0006566 08/05/09 098012757
QUALIFIED BUSINESS ORGANIZATION
CH2M HILL INC
(NOT A LICENSE TO PERFORM WORK.
ALLOWS COMPANY TO DO BUSINESS IF
IT HAS A LICENSED QUALIFIER.)
I9 QUALIFIE'D under the provisions of Ch.489 !s
X.piration dat— AUG 31, 2011 L09080500877
ACS 4 4 9 6 0 9 2 STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
SEQ# L09080500877
08/05/20091098012757 10B0006566
The BUSINESS ORGANIZATION
Named below IS QUALIFIED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2011
(THIS IS NOT A LICENSE TO PERFORM WORK. THIS ALLOWS THE.
COMPANY TO DO BUSINESS ONLY IF IT HAS A QUALIFIER.)
CH2M HILL INC
9191 S JAMAICA ST
ATTN: CATHY POWERS
ENGLEWOOD CO 80112
CHARLIE CRIST CHARLES W. DRAGO
GOVERNOR SECRETARY
DISPLAY AS REQUIRED BY LAW
STATE OF FLORIDA
4 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
BOARD OF LANDSCAPE ARCHITECTURE
1940 NORTH MONROE STREET
.++* TALLAHASSEE FL 32399 -0783
CH2M HILL INC
9191 S JAMAICA ST
ENGLEWOOD CO 80112
Congratulations! With this license you become one of the nearly one million
Floridians licensed by the Department of Business and Professional Regulation.
Our professionals and businesses range from architects to yacht brokers, from
boxers to barbeque restaurants, and they keep Florida's economy strong.
Every day we work to improve the way we do business in order to serve you better.
For information about our services, please log onto www.myfloridalicense.com.
There you can find more information about our divisions and the regulations that
Impact you, subscribe to department newsletters and learn more about the
Department's Initiatives.
Our mission at the Department is: Ucense Efficiently, Regulate Fairly. We
constantly strive to serve you better so that you can serve your customers.
Thank you for doing business in Florida, and congratulations on your new licensel
DETACH HERE
(850) 487 -1395
STATE OF FLORIDA A,# 4 716 4 0 6
DEPARTMENT OF BUSINESS AND
BROFESSIONAL REGULATION
LC26000188 11110109 098088140
LANDSCAPE ARCHITECT BUSINESS
CH2K HILL INC
HAS REGISTERED unftr the provtstona of cb.491
tapiration data. NOV 30, 2011 L092110 017 8 1
Act 4716406 STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
BOARD OF LANDSCAPE ARCHITECTURE SEQ# L0913.1001781
11/10120091098088240 ILC26000188
The LANDSCAPE ARCHITECT BUSINESS
Named below HAS REGISTERED
Under the provisions of Chapter 481 FS.
Expiration dates NOV 30, 2011
CH2M HILL INC
9191 S JAMAICA ST
ENGLEWOOD
CHARLIE CRIST
GOVERNOR
CO 80112
CHARLES W. DRAGO
DISPLAY AS REQUIRED BY LAW SECRETARY
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
BOARD OF PROF SURVEYORS & MAPPERS (850) 487 -1395
1940 NORTH MONROE STREET
�.. TALLAHASSEE FL 32399 -0783
CH2M HILL INC
9191 S JAMAICA ST
ENGLEWOOD CO 80112
Congratulationsl With this license you become one of the nearly one million
Floridians licensed by the Department of Business and Professional Regulation.
Our professionals and businesses range from architects to yacht brokers, from
boxers to barbeque restaurants, and they keep Florida's economy strong.
Every day we work to improve the way we do business in order to serve you better.
For information about our services, please log onto www.myforidallcense.com.
There you can find more information about our divisions and the regulations that
impact you, subscribe to department newsletters and learn more about the
Department's initiatives.
Our mission at the Department Is: License Efficiently, Regulate Fairly. We
constantly strive to serve you better so that you can serve your customers.
Thank you for doing business in Florida, and congratulations on your new license!
DETACH HERE
STATE OF FLORIDA ACI 4288448
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
L1372 02/28/09 080380071
SURVEYING a MAPPING BUSINESS
CH2M HILL INC
IS CERTIFIED under the pravisimm oz ch.472 ra
zscyiratica dates FED 28, 2011 L09022800457
Acif 4288448 STATE OF FLORIDA
DEPARTMENT OARDBUS F A
$EQ# LO9022800457
The SURVEYING & MAPPING BUSINESS
Named below IS CERTIFIED
Under the provisions of Chapter 472 FS.
Expiration date: FEB 28, 2011
CH2M HILL INC
6060 S WILLOW DR
GREENWOOD VILLAGE
CHARLIE CRIST
GOVERNOR
CO 801115112
CHARLES W. DRAGO
DISPLAY AS REQUIRED BY LAW SECRETARY
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
BOARD OF PROFESSIONAL GEOLOGISTS
.4 �...+� .
1940 NORTH STRFLT32399 -0783
CH2M HILL, INC
9191 S JAMAICA STREET
ATTN: CATHY POWERS
ENGLEWOOD CO 80112
Congratulations! With this license you become one of the nearly one million
Floridians licensed by the Department of Business and Professional Regulation.
Our professionals and businesses range from architects to yacht brokers, from
boxers to barbeque restaurants, and they keep Florida's economy strong.
Every day we work to improve the way we do business in order to serve you bett
For information about our services, please log onto www.myficridalicense.com.
There you can find more Information about our divisions and the regulations that
impact you, subscribe to department newsletters and learn more about the
Department's initiatives.
Our mission at the Department is: License Efficiently, Regulate Fairly. We
constantly strive to serve you better so that you can serve your customers.
Thank you for doing business in Florida, and congratulations on your new license!
DETACH HERE
(850) 487 -1395
AC# 3863695
STATE OF FLORWA
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
GB63 07/18/08 000000000
er.
GEOLOGY BUSINESS
C113M HILL, INC
IS CERTIFIED under the provisions og ch.492 we
c.pirseim data, JUL 31, 2010 L08071800389
AC# ?863695
DEPARTMENT 0 i
BOARD
FLORIDA
Q PROFESSIONAL REGULATION
>IONAL GEOLOGISTS gEQ#L O807 18 00 389
The GEOLOGY
Named below IS CERTIFIED
Under the provisions of•Chaper 4.92 FS.
Expiration date: JUL 31, 2010
CH2M HILL, INC
9191 S JAMAICA STREET
ATTN: CATHY POWERS
ENGLEWOOD CO 80112
'-
CHARLIE CRIST -
GOVERNOR
CHUCK DRAGO
INTERIM SECRETARY
EXHIBIT A
Hourly Rates
E
EXHIBIT "A"
Monroe County
Continuing Contract for Architectural/ Engineering Services
Employer Category
Labor
Rates
Professionals — Engineers, Architects, Planners, Economists, Scientists, Hydrologists,
Hydrogeologists, Geologists
Regional Group Manager
192
Principal Project Manager,
182
Principal Technologist
Technician 5
Senior Project Manager,
167
Senior Technologist
Technician 3
Project Manager, Architect /Engineering
149
Specialist, Scientific Specialist,
Technician 1
Planning Specialist
Technical Aide
Associate Project Manager,
132
Project Architect/ Engineer, Project
Scientist, Project Planner
Associate Architect/ Engineer, Associate
118
Scientist, Associate Planner
Staff Architect/ Engineer II
104
Staff Architect /Engineer I, Staff
92
Scientist II, Staff Planner II
Staff Scientist I, Staff Planner I
72
Technicians -- Drafters, Graphic Artists, Computer, Surveyors, Cartographics, Construction
Inspectors
Technician 6
116
Technician 5
111
Technician 4
99
Technician 3
80
Technician 2
72
Technician 1
64
Technical Aide
55
Office Support
Specification Processor 87
Clerical /Office Support 62
Note: Rates applicable October 1, 2009 through September 30, 2010.
KIHOU CONTRACTS GROUPICuENT PROPOSALS CONTRACTSIMONROE COUffl MSAIMONROE Co EXHIBIT A_2010 RATES.DoC
1 ST AMENDMENT TO CONTRACT FOR
PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHTIECT /ENGINEER
FOR THE EXTENSION OF THE CONTINUING CONTRACT
This First Amendment to Contract (herein after "Amendment ") between Owner and Architect /Engineer
for the Continuing Contract for Professional Services ( "Contract "), entered into between Monroe County
( "Owner" or "County") and CH2M Hill Engineers, Inc. ( "Architect /Engineer ") is made and entered into
this 20 day of November, 2013, in order to amend the Contract as follows:
WITNESSETH
WHEREAS, on December 16, 2009, the parties entered into a continuing contract for Professional
Services, pursuant to Florida Statute 287.055 (2) (g) where services are to be rendered for projects in
which the estimated construction costs of each individual project under the contract does not exceed
Two Million Dollars ($2,000,000.00), or for study activity if the fee for Professional Services for each
individual study under the contract does not exceed Two Hundred Thousand Dollars ($200,000.00); and
WHEREAS, on September 21, 2011 a Consent to Assignment was entered between the parties
establishing the change in legal entity effective October 29, 2011 from the Assignor CH2M Hill, Inc. to
the Assignee CH2M Hill Engineers, Inc., all the Assignor's rights, title and interest in the original contract;
and
WHEREAS, the Continuing Contract stipulates that a separate contract for each project awarded to the
Architect by the Owner be provided each with specific scopes of work, time schedules, charges and
payment conditions, and additional terms and conditions applicable to that specific contract; and
WHEREAS, in accordance to the Continuing Contract the Professional Services will be for a period of four
years commencing on the date of the contract, with options for the Owner to renew on an annual basis
for two additional one year periods;
NOW THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein,
and for other good and valuable consideration, the sufficiency of which hereby acknowledged, the
Owner and the Architect agree as follows:
1. The Continuing Contract for Professional Services dated December 16, 2009 and terminating on
December 15, 2013, shall be renewed for the first of two one -year periods effective on December 16,
2013 and terminating December 16, 2014.
2. The following shall be added to Article XVII of the original Continuing Contract dated December
16, 2009:
a) Architect shall not disclose, publish, or authorize others to disclose or publish, design data,
drawings, specifications, reports, or other information pertaining to the services performed
by the Architect or other information to which the Architect has had access during the Term
of this Master Agreement without the prior written approval of the County, during the Term
of this Master Agreement and for a period of two (2) years after the termination of this
Master Agreement. Nevertheless, the parties agree that the Architect may use and publish
the County's name and give a general description of the work provided by the Architect for
the purpose of informing other clients and potential clients of the Architect's work
experience and qualifications.
b) Should the County receive a request for documents pursuant to Chapter 119, Florida
Statutes, Architect shall cooperate with the County to facilitate the County's compliance
with Chapter 119, Florida Statutes. Should the Architect assert any exemptions to the
requirements of Chapter 119 and related statutes, the burden of establishing such
exemption, by way of injunctive or other relief as provided by law, shall be upon the
Architect. Failure by the Architect to cooperate with the County in connection with a Public
Records request shall be grounds for immediate unilateral cancellation of this Master
Agreement by the County."
3. In all other respects, the original Continuing Contract dated December 16, 2009 remains
unchanged.
IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly authorized
representative on the day and year first written above.
(SEAL)
Attest: AMY HEAVILN, CPA, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
WITNESS to Architect's Signature:
By:
WITNESSS Signature
Print Witness Name
By:
Mayor /Chairman
ARCHITECT
By:
CH2M Hill Engineers, Inc.
Date: