1st Amendment 06/17/2020 of;_s° Kevin Madok, CPA
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: June 22, 2020
TO: Judith Clarke, PE, Director
Engineering/Roads& Bridges
ATTN: Debra London
FROM: Pamela G. Hanco`IA.C.
SUBJECT: June 1 P"BOCC Meeting
Attached is an electronic copy of the following item for your handling:
C4 P`Amendment to Contract with CSA Central, Inc. for Design and Permitting for
the Florida Keys Overseas Heritage Trail connection at Cudjoe Gardens Project, in the maximum
not to exceed amount of$32,495.00, to assess wetlands functions,values and permitting to meet
the requirements of compensatory wetland mitigation programs required by the South Florida
Wafer Management District and die linked States Army Corp of Engineers; to be funded by
District I Transportation Impact fees.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
AMENDMENT 1 TO CONTRACT FOR ENGINEERING DESIGN AND
PERMITTING FOR THE FKOHT CONNECTION AT CUDJOE GARDENS
PROJECT BETWEEN MONROE COUNTY AND CSA CENTRAL, INC.
This Amendment to the Agreement is made and entered into this 17th day of June 2020 between
Monroe County hereinafter referred to as the "County" and CSA Central, Inc. hereinafter referred
to as the "Consultant".
WHEREAS, the County and Consultant entered into an agreement for Engineering
Design and Permitting Services for the Florida Keys Overseas Heritage Trail (FKOHT)
Connection at Cudjoe Gardens project (FDOT LAP Agreement G1558, FM#441745-1, Federal
ID: D618-084-b)dated May 22, 2019 ("Agreement"); and
WHEREAS, during the permitting consultation phase of the project, the South Florida
Water Management District (SFWMD) and U.S. Army Corp of Engineers (USACE) have
determined that the project will result in wetland impacts under their jurisdiction and therefore a
compensatory wetland mitigation must be prepared to satisfy regulatory and permitting
requirements; and
WHEREAS, this wetland mitigation requirement was not contemplated in the original
agreement and therefore an amendment is needed to add SFWMD Environmental Resource
Permitting (ERP) requirements;
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, the parties agree to amend the contract as follows:
1. Revise Article II-Scope of Basic Services, 2.1 Definition to add the additional scope of
services for SFWMD Environmental Resource Permitting (ERP) requirements as set forth
in detailed in ATTACHMENT A attached herein.
2. Revise Article 7.1.1 Compensation to add the following:
Personnel Function or Hourly Rate Estimated Not To Exceed
Subconsultant Hours Total Salary Cost
(supported by
timesheets
Senior Project Engineer $155.00 22 $3,410.00
Senior Designer $90.00 17 $1,530.00
Designer $80.00 5 $400.00
CADD Technician $45.00 5 $225.00
Subconsultant: Lump Sum $26,930.00
McFarland
Johnson
Amendment 1 Total $32,495.00
This Amendment 1 is effective on the 17th day of June 2020; and revises the total
contract amount from $85,488.00 to $117,983.00.
3. Revised Paragraph 7.1.2 to add the following:
The individual itemized task amounts are estimates and may be adjusted as needed, with
prior County approval, as long as the Total Contract Amount of$117,983.00 is not exceeded.
FKOHT Connection at Cudjoe Gardens Project —Amendment 1
CSA Central,Inc.
June 17,2020
Page 1 of 2
4. All other terms and conditions of Agreement for Engineering Design and Permitting dated
May 22, 2019, except as amended herein, remain in full force and effect.
IN WITNESS WHEREOF, each party caused the Amendment 1 to be executed by its
duly authorized representative.
-
ri
(Seal) Cons tant _ ze
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Attest: C A Central, Inc. = R'
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ry/� �p�f�� � d
By: fltJ&4hc r(91H By: Roberto Leon OD p
Map ((ka t c odor. Vice President
Title Title
• (SEAL) BOARD OF COUNTY COMMISSIONERS
•
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: ��"^^^'1'w.,.+^- 'C� By:
As Deputy Clerk r/Chairman
2,--Date: ^c- '7; -142-1° woNWECOM YAITOMMY
l/i��t ppnE onsTOr 4:
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DATE 'JILII/
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FKOHT Connection at Cudjoc Gardens Project —Amendment 1
CSA Central,Inc.
June 17,2020
Page 2 of 2
ATTACHMENT A
L
CSAGROUP
Proposed Scope of Services for the Additional Services Related to
Wetland Mitigation and Environmental Permitting Support for the FKOHT Connection at
Cudjoe Gardens Project,
Monroe County(FPID) 441745-1-58-01
Due to recent permitting consultation, the SFWMD made a preliminary determination that the FKOHT
Connection at Cudjoe Gardens Project will result in wetland impacts under their jurisdiction; therefore, a
compensatory wetland mitigation must be prepared to satisfy regulatory and permitting requirements.
The additional scope of work related to the compensatory Wetland Mitigation and Environmental Permitting
for the FKOHT Connection at Cudjoe Gardens Project consists of the following services:
• The preparation of Wetland Mitigation Plan (WMP)
• Mitigation via credits from KRF-ILF Program (Federal)and Off-Site FPL-EMB (State)
• USACE: KRF— ILF Program
• SFWMD: FPL—EMB
The cost for this mitigation plan, including permits below and coordination is$32,495.00(See
attachment).
• Wetland Mitigation and Environmental Permitting - South Florida Water management District
(SFWMD)
• Wetland Mitigation and Environmental Resource Permit (ERP) Application - U.S. Army Corps &
Engineers (USACE)
• Section 404 Permit Application.
The sections below describe in further detail the scope of services to be accomplished as part of this proposal.
The attached fee estimate following the scope of services includes the associated effort for additional
meetings, administration and coordination of the additional scope of work. Similarly, there is a detailed fee
estimate attached for the Environmental work to be performed by MacFarland Johnson, Inc.
Wetland Mitigation and Environmental Work:
Keys Restoration Fund (KRF) In-Lieu Fee Mitigation (ILF) Program: consists of offsetting the wetland
impacts by buying two (2) different type of mitigation credits: (1) KRB-ILF Program for the Section 404
(federal) permitting process and (2) FPL-EMB to comply with the state permitting process.
1. Field Work
a. Field validation of the wetland line
b. Perform a UMAM to determine the amount of mitigation needed at the KRF to offset
adverse wetland impacts
c. Perform a WATER to determine the amount of mitigation needed at the EMB to
offset adverse wetland impacts
2. Coordination and Meetings
L
CSAGROUP
a. One (1) General coordination meeting with the Client
b. One (1) UMAM validation meeting with USACE and KRF
c. One (1) UMAM/WATER validation meeting with SFWMD/ FPL-EMB
3. Reporting
a. Technical Memorandum presenting wetland boundary, including UMAM and
WATER analysis Permitting
b. Preparation of a Cumulative Wetland Analysis in accordance to ERP Section 10.2.8,
Applicant's Handbook Vol. 1
4. Permitting
a. SFWMD ERP Application
1) Preparation and submittal of one (1) SFWMD ERP Application
2) Provide support in responding to a reasonable amount of Requests for
Additional Information (RAIs)
b. USACE—Section 404 Permit Application
1) Preparation and Submittal of USACE Pre-Construction Notification (PCN)to
obtain approval under Section 404 of Clean Water Act(CWA)
2) Provide support in responding to a reasonable amount of RAIs
1111 pu�centee|�� suuezlo-m�nmsa^deu�r�aa/sn
McFarland JohnsonPhons 305�05-4871
/nn owl r/veso/u tic,oz/Jus/o/noble8esuAz wwvun0inc.com
May ZU, ZUZU
Mr. MatiasCre0o
Project Manager
CSA Central, Inc.
8400 NVV41`tStreet, Suite3US
Dora|, FL33166
Ph.: 305.461.5484 | E:
RE: Scope of Work and Fees for Wetland Mitigation and Environmental Permitting Support I FKOHT
Connection atCuoUmeGardens I Monroe County,FL | FOOTFinancia| Project ID:44l74S-l-S8-Ol
Dear Mr.Cre0o:
McFarland-Johnson, Inc. (M] or "the Conou|tant") is pleased to submit our revised scope of services and fees
estimate addressing most recent comments from the South Florida Water management District (SFVVMD) via
ennai|s, and provide environmental permitting support to CSA Central, Inc. (CSA Group) ("the C|ient"), in
connection to the above reference project proposed by Monroe County("theOvvner"),and funded by the Florida
Department ofTransportation (FDOT) under Local Agency Program (LAP). This proposal is based on information
provided by Client, the Owner and most recent phone conversations and email communications with the U.S.
Army Corps of Engineers (USACE)and the SFVVMD.
On March 27, 2020,the USACE confirmed via email that the Keys Restoration Fund(KRF) In-Lieu Fee Mitigation(ILF)
Program is federally approved and a viable wetland mitigation option in relation to their Section 404 permitting
process applicable to the above reference project. On March Z7, ZUZU the SFVVMD provided clarification indicating
that the ILF is not accepted as a mitigation option for the state permitting process. On April 02, 2020,the SFWMD
confirmed via email that the Florida Power and Light Everglades Mitigation Bank (FPL'EMB) is accepted by the
state as viable option for off-site wetland mitigation and made reference to three(3)approved projects(170214-8,
170627-4and 180910'5)in Monroe County that have gone tothe FPL'EMB. Additional clarification was sent by the
USACE via email on April 03, ZUZU, indicating that the FPL'EMB is not federally approved mitigation bank for
Monroe County. Therefore,two(Z)separate mitigation actions are needed in order to comply with the federal and
state permitting process. Please note that coordination with the KRF'|LFand FPL'EMB has been initiated toconfirm
the availability of state and federal credits and their respective costs. Both,the KRF'|LF and the FPL'EMB,confirmed
credits are available with the following costs.
* KRF'|LF: $Z1O,7UU per full credit
* FPL'EMB: $100,000 per full credit
It is understand that the Project would only need a fraction of full credit based on the estimated project impacts
to be presented to the USACE and SFVVMD during the permitting process.
/009�Employee-Owr/ed Company
Mr. Matias Crego (CSA Group) - 2 - May 20, 2020
Our scope of work and cost estimate presented herein addresses the following requested services:
• Preparation of a Wetland Mitigation Plan (WMP)
o Mitigation via credits from KRF-ILF Program (Federal) and Off Site FPL-EMB (State)
■ USACE: KRF—ILF Program
■ SFWMD: FPL—EMB
• Environmental Permitting Support
o SFWMD: Environmental Resource Permit(ERP)Application
o USACE: Section 404 Permit Application
Following is a description of the services included,assumptions and estimated cost for the services to be rendered.
Please browse through this proposal and contact us to discuss any questions or comments you may have.
A. PROJECT DESCRIPTION
The Florida Keys Heritage Trail (FKOHT) is a multi-use bicycle and pedestrian facility(shared use path)that features
more than 90 linear miles and serves as a recreational and alternative transportation corridor for the Florida Keys.
The trail runs parallel to U.S. Highway 1 (US-1), along the corridor from Key Largo to Key West, with the longest
and continuous section of paved trail currently located in the Upper Keys, between MM 106 at Key Largo and
through MM 72 at Islamorada,Village of Islands.
The Monroe County received a grant from the FDOT through a LAP Agreement to design and construct a missing
section of the FKOHT between Cudjoe Gardens neighborhood and the existing FKOHT crosswalk(the Project). The
new asphalt trail segment is approximately 974 feet long, eight (8) feet wide and will consist of a shared use path
beginning at the existing mid-block crossing on the northbound side of SR5/US1 near MM 20.83 and continue north
for 974 terminating near Drost Drive.
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McFarland-Johnsen,Inc.
100%Employee-Owned Company
Mr. Matias Crego (CSA Group) - 3 - May 20, 2020
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This segment was originally approved for construction by the SFWMD under an ERP No.44-00323 and evaluated
under ERP Application No. 090612-7. However, it was never constructed and permit expired.
As per 60%design plans and information provided by the Client, the Project runs immediately adjacent to SR-5/
US-1 (Overseas Highway) would result in approximately 0.28 acre of wetland impacts. Unavoidable and
minimized wetland impacts will be associated to the placement of borrow material (fill) for the construction of
the trail embankment, including,clear zone requirements,shared use path lateral offset and separation between
shared use path and roadway requirements.
Wetland impacts are expected to be mitigated at a ratio of 1:1 or equivalent to its functional value. The wetland
area is currently encroached by residential development, county road and SR-5/US-1. Due to site constrains, in-
situ/in-kind mitigation seems to be infeasible and alternate locations within Monroe County or other mitigation
alternatives must be explored and submitted to the agencies as part of the permitting process. The WMP must
be developed in coordination with the Monroe County, SFWMD and the USACE, in order for the Project obtain
their respective approvals.
B. SCOPE OF SERVICES
Due to recent permitting consultation by the Client,the SFWMD made a preliminary determination that the subject
project will result in wetland impacts under their jurisdiction; therefore, a compensatory wetland mitigation must
be prepared to satisfy regulatory and permitting requirements. Despite no permit application or detailed project
information has been submitted to the USACE, similar determination is anticipated by the federal agency. Our
scope of services is based on the following approach.
• Mitigation via credits from KRF-ILF Program (Federal) and Off Site FPL-EMB (State): This consists of
offsetting the wetland impacts by buying two (2) different type of mitigation credits: (1) KRB-ILF Program
for the Section 404 (federal) permitting process and (2) FPL-EMB to comply with the state permitting
process.
o Mitigation via KRF—ILF Program: This consists of mitigating federal wetland impacts by buying
available credits at a the KRF, by the Owner. As a federal mitigation option accepted by the USACE,
this effort involves assessing the quality,function and value of the wetland area implementing the
Uniform Mitigation Assessment Method (UMAM) and establishing the necessary compensatory
McFarland-Johnsen,Inc.
100%Employee-Owned Company
Mr. Matias Crego (CSA Group) -4 - May 20, 2020
mitigation credits that Monroe County would need from the KRF to compensate for unavoidable
impacts as the result of the Project. It is assumed that Monroe County would buy mitigation credit
in order to fulfill the Section 404 permitting requirement and obtain project approval by the USACE.
Also, it is assumed that credits from the KRF would be considered as in-kind / on-site (Monroe
County area) mitigation.
o Off-Site FP&L EMB:This consists of mitigating state wetland impacts by buying available credits at
a the EMB, by the Owner. As state mitigation option accepted by the SFWMD,this effort involves
assessing the quality, function and value of the wetland area implementing the UMAM and
Wetland Assessment Technique for Environmental Review (WATER), and establishing the
necessary compensatory mitigation credits that Monroe County would need from the EMB to
compensate for unavoidable impacts as the result of the Project. This would be necessary in order
to fulfill the state permitting requirements (separate from the USACE) and obtained approval by
the SFWMD. Currently, mitigation banks within Monroe County service area are not available.
Since the nearest mitigation bank(e.g.available credits)is outside the Monroe County service area,
the SFWMD has indicated that a cumulative impact analysis (CIA) is required pursuant to Section
10.2.8,Applicant's Handbook Vol. I. The CIA must be presented as part of the ERP application.
Following is presented our anticipated scope of work for the wetland mitigation and permitting support.
• Mitigation via ILF Program and Off Site Mitigation Bank
1. Field Work
a. Field validation of the wetland line
b. Perform a UMAM to determine the amount of mitigation needed at the KRF to offset adverse
wetland impacts
c. Perform a WATER to determine the amount of mitigation needed at the EMB to offset adverse
wetland impacts
2. Coordination
a. One (1) general coordination meeting with the Client and Keys Restoration Fund
representative
b. One (1) UMAM validation meeting with USACE and KRF
c. One (1) UMAM/WATER validation meeting with SFWMD/FPL-EMB
3. Reporting
a. Technical Memorandum presenting wetland boundary, including UMAM and WATER analysis
b. Preparation of a Cumulative Wetland Analysis in accordance to ERP Section 10.2.8,Applicant's
Handbook Vol. 1
4. Permitting
a. SFWMD—ERP Application
1) Preparation and submittal of one(1) SFWMD ERP Application
2) Provide support in responding to Requests for Additional Information (RAI)
McFarland-Johnsen,Inc.
100%Employee-Owned Company
Mr. Matias Crego (CSA Group) - 5 - May 20, 2020
b. USACE—Section 404 Permit Application
1) Preparation and Submittal of USACE Pre-Construction Notification (PCN) to obtain
approval under Section 404 of Clean Water Act(CWA)
2) Provide support in responding RAI
C. ASSUMPTIONS
• This proposal is based on the information available at this time. If the Client is aware of any specialized
knowledge or experience that is material to environmental conditions in connection with the Project or
the mitigation site(s), it is the Owner and Client's responsibility to bring it to the attention of the MJ team
before the initial reconnaissance inspection of the mitigation site(s).
• The fees may have to be revised if the Project/Scope definition changes from the description presented in
this document.
• The Client will be responsible to provide all available information required to prepare and complete the
environmental compliance and permitting process as described in this proposal.
• The Client will be responsible for a prompt review of any document submitted by MJ in relation with this
proposal. Our schedule will be subject to the Notice-To-Proceed (NTP) and date that Client and the
Owner complete any required review.
• Any change and/ortechnical support,other than those presented in this proposal, may result in an increase
of the cost included herein. Any work, studies (e.g., land survey, title search, topographic surveys,
contamination screening, etc.), additional support and/or expenses that are not described in this proposal
would not be performed without an agreement between the Client and Consultant and authorized via
Change Order by the Owner.
• Comments from regulatory review agencies that could require additional field work or major modifications
to the plans resulting in unanticipated additional effort, would be considered as a additional technical
support and is not covered in this proposal.
• The cost assumes one(1) round of revisions by the Client and one(1) round revision by the Owner.
• The Consultant will not design or generate engineering drawings or engineering studies for any project
components as part of the permitting support and the environmental permitting process. Engineering
plans and permit sketches will be prepared, signed/sealed by the Client and provided to the Consultant.
• The Consultant cannot warrant that documents, records, or reports prepared by others not under the
direction of the Consultant that are used for the WMP and environmental permitting process are accurate
or up to date.
• Agency(ies)filing, mitigation credits cost and/or processing fees for the permits'submittals are not included
in this proposal and shall be paid by the Client or the Owner.
McFarland-Johnsen,Inc.
100%Employee-Owned Company
Mr. Matias Crego (CSA Group) - 6 - May 20, 2020
D. COMPENSATION FOR SCOPE OF SERVICES
Following is presented our estimated fees for the requested services. Please note that a retainer of 20%would be
required prior to commencement of any environmental consulting services for Client, payable in advance. The
retainer will be applied against future billings.
Mitigation via ILF Program and Off Site Mitigation Bank, and FKOHT $26,200
Environmental Permitting
Estimated Expenses $730
Total $26,930.00
Consultant would expect to start services promptly after receipt of Client's acceptance of this proposal and receipt
of a copy of a resolution or NTP from the Owner authorizing the Client to retain services of MJ. Consultant will bill
Client monthly and invoices shall be paid by the Client in accordance to Florida statutes, Florida Prompt Payment
Act, FDOT Policies and Monroe County rules.Timing of invoices payment shall not exceed 30 days from the day the
invoice is submitted to the Client, so that the orderly and continuous progress of the retained services can be
maintained.
We appreciate the opportunity to submit this scope of work and cost estimate and hope it meets with your
approval. If there are any questions, please do not hesitate to contact David R. Rosa at 305-705-4871,
drosa( miinc.com, or me at iwood@miinc.com.
Very truly yours,
#/7,yL 4 4a
Jeffrey R.Wood
Vice-President
McFarland-Johnsen,Inc.
100%Employee-Owned Company
/1 CSAGROU-01 JGAI I f17>I
A`RO CERTIFICATE OF LIABILITY INSURANCE DA7nere019
THIS CERTIFICATE IS ISSUED AS A MATTER OF PIFORMATION ONLY MID CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,MD THE CERTIFICATE HOLDER. '
IMPORTANT: If the certfbate holder Is an ADDITIONAL INSURED,the pollcylles)must have ADDITIONAL INSURED provisions or be endorsed.
• If SUBROGATION IS WAIVED, subject to the terms and conditions of the polity,certain policies may require an endorsement A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement/O.
PRODUCER MACE
American Global LLC PHONE WC. EEO:(516)387-1170 FAX
390 North Broadway IAA,Rol: _.._
Jericho,NY 11753 y;InPo@amerIcanglobalcom
INSURERISIAFFORDING COVFAAQF. _ RNLF
must RA:Hartford IRS,Co.of the Midwest 37478
INSURED prn,gee•Trumbull Insurance Company _._ 27120
CSA Holdings,Inc.I CSA Central,Inc. POURER 0:Hartford Casualty Insurance Co. 29424
8200 NW 41st Street,Suite 305 HNsmsERp l Twin City Fire Insurance company 29459
Dahl,FL 33103 INSURERS.Markel American Insurance Company 28932
INSURER F:
COVERAGES CERTIFICATE NUMBER. REVISION NUMBER.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INRR ADDL SUER POLICY EFF POLICY EXP
INSURANCE TYPE OF SURANCE two POLICY NUMBER IMatIENYYY1 I.IMNNYYWI — LMRS
A X COMMERCIAL GENERAL LIABILITY EACH OCCINSECE S 1,000,000
CLAIMS-MADE X OCCUR 12 UUN BM9482 7121/2019 7/21/2020 RBFDATGEALREISLENTEDwau_A _.._ 300,000
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DESCRIPTOR OF
Design nd Permitting ServicesLOCATORS
for the F tbks KeysMr ve Overseas Ectoeutage Pall C nnhodectionit C INa w Galydens Project The Monroe County BOCC
and FOOT are Included as Additional Insured under General Liability,Aura and UmteMalExom Liability for work performed by the named Insured as
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CERTIFICATE HOLDFR CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
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