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Item B04BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: —August 17, 2000 Bulk Item: Yes X No Division: —Growth Management Department: —Planning Department _ AGENDA ITEM WORDING: Approval of a Contract Amendment between Monroe County and Michael Design Associates, Inc. for the completion of a master plan for the Overseas Heritage Trail. ITEM BACKGROUND: The contract with Michael Design Associates is almost complete. In order to expedite payment to the consultant it has become necessary to amend Exhibit "C". This change will not affect the total amount of the contract. PREVIOUS RELEVANT BOCC ACTION: On August 12, 1999, the BOCC approved a contract between Monroe County and Michael Design and Associates for the completion of a master plan for the Overseas Heritage Trail. STAFF RECOMMENDATION: Approval TOTAL COST: _$180,000 Budgeted: Yes_X_No COST TO COUNTY: _$60,000 REVENUE PRODUCING? Yes No_x_ AMOUNT PER MONTH PER YEAR APPROVED BY: County Attorney_X_ OMB/Purchasing_X_ Risk Management_X_ DEPARTMENT HEAD APPROVAL: t4'4' 6."' K. Marlene Conaway, Sr. Director, Planning and Environmental 6nurces Department DIVISION DIRECTOR APPROVAL: Timothy M , Al Director of h Division DOCUMENTATION: Included: X To Follow: _ _ Not Required: Agenda Item # DISPOSITION: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Contract # Contract with:Michael Design Associates Effective Date:Aug. 12, 1999 Expiration Date:August 31,00 Contract Purpose/Description:Create a master plan for the Overseas Heritage Trail. This is Amendment # 1 to the Contract. Contract Manager:Marlene Conaway 2523 Planning (Name) (Ext.) (Department) for BOCC meeting on August 17, 2000 Agenda Deadline: 7/31/00 CONTRACT COSTS Total Dollar Value of Contract: $180,000 Current Year Portion: $180,000 Budgeted? Yes® No Account Codes: 125-50505-530-490-gw9900530-340 Grant: $120,000 125-50505-530-490-gw9901530340 County Match: $60,000 - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date Out Date In Needed Rev' w r Division Director $ 3 go Yes No 8 Risk Management 4L, k1n �Yes No ✓� CN d`� � 31 � 00 O.M.B./Pu�Lasing 1 "31Cc' Yes No County Attorney gf/j/nb YesR No %— Comments: UMB Form Revised 9/11/95 MCP #2 Amendment 1 CONTRACT FOR THE OVERSEAS HERITAGE TRAIL MASTER PLAN. THIS CONTRACT AMENDMENT is entered into between Monroe County whose address is Marathon Government Center, 2709 Overseas Highway, Suite 420, Marathon, Florida 33050, hereafter the County and Michael Design and Associates, Inc., whose address is 400 West New England Avenue, Suite 1, Winter Park, Florida 32789. • Exhibit "C" Payment Schedule is hereby amended to reflect the following: Reimbursable expenses will not exceed the "lump sum" amount of $30,222.24. IN WITNESS WHEREOF each party hereto has caused this Amendment to be executed by its duly authorized representative (SEAL) Attest: DANNY L. KOLHAGE, CLERK By: Deputy Clerk (SEAL) Attest: By: Title: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/ Chairman MICHAEL DESIGN ASSOCIATES, INC. By:_ Title: APPROVED AS TO FORM A Q G S B ICI CY. ROBERT LFE DATE MONROE COUNTY AGREEMENT FOR OVERSEAS HERITAGE TRAIL MASTER PLAN THIS AGREEMENT made and entered into by and between the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, Monroe County, Florida, hereafter referred to as the "CLIENT", and Michael Design Associates, Inc., with offices located at 400 West New England Avenue, Suite 1, Winter Park Florida 32789, hereafter referred to as the "CONSULTANT". WHEREAS, the CLIENT has determined that it is necessary, expedient, and to the best interest of the CLIENT to retain a CONSULTANT to perform consulting and other professional services in connection with providing to the CLIENT a Master Plan for the Overseas Heritage Trail; and WHEREAS, the CLIENT desires to engage the CONSULTANT to prepare such a plan; and WHEREAS, the CONSULTANT is professionally competent to prepare such a plan; NOW, THEREFORE, the parties mutually agree as follows: SECTION 1. EMPLOYMENT OF THE CONSULTANT The CLIENT hereby engages the CONSULTANT and the CONSULTANT agrees to perform services described in this Agreement. SECTION 2. SCOPE OF SERVICES The CONSULTANT shall do, perform and carry out in a professional and proper manner the Tasks described in Exhibit A. Exhibit A is attached and made a part of this Agreement. SECTION 3. CLIENT'S RESPONSIBILITIES The CLIENT shall complete the following in a timely manner so as not to delay the services of the CONSULTANT: 3.1 Provide all best available data and base maps as to the CLIENT'S requirements for work tasks. Designate in writing a person with authority to act on the CLIENT'S behalf in all matters concerning the work tasks. 3.2 Furnish to the CONSULTANT existing plans, studies, reports, and other available data pertinent to the tasks described in Exhibit A, and obtain or provide additional reports and data as needed by the CONSULTANT. The CONSULTANT shall be entitled to use and rely upon such information and services provided by the CLIENT or others in performing the CONSULTANT" services. 3.3 Arrange for access to and make all provisions for the CONSULTANT to enter upon public and private property as reasonably required, and legally allowed, for the CONSULTANT to perform the tasks required by this Agreement. Any obstruction to that access by private property owners does not constitute a basis for waiver of any any other required entries on to public and private property, and does not provide a basis for termination of the Agreement. In the event that the access is so obstructed, CONSULTANT and CLIENT will work together to resolve the difficulty in a timely manner. SECTION 4. SCHEDULE OF TASKS & DELIVERABLES In performing the tasks required by Exhibit A, the CONSULTANT shall adhere to the project work program in Exhibit B. Exhibit B is attached an made a part of this Agreement. The County Planning Director, for good cause, may agree to modifications in the work schedule or completion date as long as any modification does not involve a change in the contract price or jeopardize the funding for this Agreement from the Florida Department of Transportation or Florida Department of Environmental Protection. SECTION 5. COMPENSATION 5.1 The maximum compensation available to the CONSULTANT under this agreement is $180,000.00. CONSULTANT acknowledges that $120,000.00 of the funds for this agreement are provided by a grant from the Florida Department of Transportation and the Florida Department of Environmental Protection. If that funding is terminated and the CLIENT elects not to continue funding, then the CLIENT must immediately notify the CONSULTANT of the termination. The CONSULTANT must then immediately cease work under this agreement. The CONSULTANT is only entitled to payment for work performed up to the date it received the CLIENT'S notice of termination. 5.2 The CLIENT agrees to pay the CONSULTANT according to the schedule in Exhibit C. SECTION 6. PAYMENT TO THE CONSULTANT 6.1 The CONSULTANT shall submit the invoices in a form satisfactory to the County Clerk and to the County Planning Director. Upon the Director's approval, he shall forward the invoice to the Clerk for payment. 6.2 The CLIENT shall make the payment to the CONSULTANT within forty-five (45) days after receipt by the Planning Director of invoice from the CONSULTANT unless a deficiency in the invoice causes it to be rejected by the Planning Director. In that case, the forty-five (45) days begin to run on the date of the submission of the corrected invoice. The Planning Director must notify the CONSULTANT of any deficiency within five (5) days of his receipt of the invoice or it will be considered satisfactory. 6.3 If the CLIENT fails to make any payment due to the CONSULTANT for services and expenses within forty-five (45) days after the submission of a satisfactory invoice, the CONSULTANT may, after giving seven (7) days written notice to the CLIENT, suspend services until the CONSULTANT has been paid in full all amounts due. SECTION 7. NOTICES All notices, requests and authorizations provided for herein shall be in a signed document and shall be delivered or mailed to the addresses as follows: To the CLIENT: Ms. Kimberly Ogren, Comprehensive Planning Manager Monroe County Planning Department 2798 Overseas Highway Suite #410 Marathon, Florida 33050 To the CONSULTANT: Mr. Forest Michael Michael Design Associates 400 West New England Avenue Suite #1 Winter Park, Florida 32789 SECTIONS. GENERAL CONDITIONS 8.1 All document created or prepared by CONSULTANT that are necessary for the fulfillment of this agreement, including reproducible copies of original drawings, estimates, specifications, field notes, and data are and remain in the property of the CLIENT. In the event the CLIENT uses the document on any work not covered in this contract, it will indemnify and save harmless CONSULTANT from all damages, including legal fees and costs, resulting from the reuse of the documents. 8.2 This Agreement may be terminated by either party with or without cause by thirty (30) days written notice to the other party. In the event of termination without cause, CONSULTANT will be paid for all services rendered to date of termination. The CLIENT will receive all work products created satisfactorily up to the date of termination. Termination due to non -appropriation of funding termination must be done under paragraph 5.1. In the event the CLIENT terminates this agreement for cause, the CONSULTANT shall be paid for all work satisfactorily performed up to the date of the termination minus an amount equal to the damage suffered by the County as a result of the CONSULTANT'S breach. If the amount due the CONSULTANT is insufficient to cover the damage suffered by the CLIENT as a result of the CONSULTANT'S breach, then the CONSULTANT will remain liable to the CLIENT for the remainder. 8.3 The CLIENT and CONSULTANT each is hereby bound and the partners, successors, executors, administrators, and legal representatives of the CLIENT and CONSULTANT are hereby bound to the other party of this Agreement and to the partners, successors, executors, administrators, and legal representative (and said assigns) of such other party, in respect of all covenants, agreement, and obligations of this agreement. 8.4 The CONSULTANT may not assign, sublet, or transfer any rights under or interest in this agreement (including, but without limitations, moneys that may become due or moneys that are due) without the written consent of the CLIENT, except to the extent that any assignment, subletting, or transfer is mandated by law or as the effect of this limitation is restricted by law. Unless specifically stated tot he contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this agreement. 8.5 Nothing under this agreement may be construed to give any rights or benefits in this agreement to anyone other than the client and consultant, and all duties and responsibilities performed under this agreement will be for the sole and exclusive benefit of the client and consultant and not for the benefit of any other party. 8.6 Nothing in this agreement may read as modifying the applicable statue of limitations. The waiver of the breach of any obligation of this agreement does not waive another breach of that or any other obligation. 8.7 The CONSULTANT warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the CLIENT may, in its discretion, terminate this agreement without liability and may also, in its discretion, deduct from the agreement or purchase price, or otherwise revoke the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 8.8 This Agreement constitutes the entire agreement between client and consultant and supersedes all prior written or oral understandings. This agreement may only be amended, supplemented, modified, or cancelled by a written instrument duly executed by the Monroe County Board of County Commissioners and the Consultant, provide that the schedule may be modified by a written agreement executed by the Planning Director and consultant, consistent with Section 4 of this agreement. 8.9 Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the consultant to solicit or secure this agreement and that he ahs not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the consultant any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this agreement. 8.10 In the carrying out of this agreement, consultant will not discriminate against any employee or applicant for employment because of sec, race, creed, color or national origin. In carrying out this agreement, consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their sex, race, creed, color, or national origin. Such action shall include, but not be limited to, the following: Upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of any or other forms of compensation; and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, such notices as may be provided by the client setting forth the provisions of this non-discrimination clause. 8.11 This agreement shall be governed by the Laws of the State of Florida. Venue for any litigation arising under this agreement must be in Monroe County, Florida. 8.12 A person or affiliate who has been placed on the convicted vendor list following conviction for public entity crime may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 8.13 The CLIENT'S performance and obligation to pay under this contract is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. SECTION 9. INDEMNIFICATION The consultant does hereby consent and agree to indemnify and hold harmless the County, its Mayor, the Board of County Commissioners, appointed Boards and Commissions, Officers, and the Employees, and any other agents, individually and collectively, from all fines, suits, claims, demands, actions, cost, obligations, attorneys fees, or liability of any kind arising out of the sole negligent actions of the CONSULTANT of substantial and unnecessary delay caused by the willful nonperformance of the CONSULTANT and shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of its performance of this contract. The Client does hereby covenant and agree to indemnify and save harmless the CONSULTANT from any fines, suits, claims, demands, actions, costs obligations, attorney fees, or liability of any kind resulting from a negligent act or omission by the County, its Mayor, the Board of County Commissioners, appointed Boards and Commissions, Officers, and Employees, individually and collectively under the provisions and up to the limits of liability as stated in section 768.28, F.S. Further the CONSULTANT agrees to defend and pay all legal costs attendant to acts attributable to the sole negligent act of the CONSULTANT. At all times and for all purposes hereunder, the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners. No Statement contained in this agreement shall be construed so as to find the Consultant or any of his/her employees, contractors, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent contractor the CONSULTANT must provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. The CONSULTANT is responsible for the completeness and accuracy of its work, the bicycle and pedestrian plan, supporting data, and other documents prepared or compiled as part of its obligations under this Agreement. The CONSULTANT must correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONSULTANT and any damage incurred by the CLIENT as a result of additional costs cause by such errors shall be chargeable to the CONSULTANT. This provision does not apply to maps, official records, contracts, or other data that are provided by the CLIENT or other public or semi-public agencies. The CONSULTANT agrees that no charges or claims for damages will be made by it for any delays or hindrances attributable to the CLIENT during the progress of any portion of the services specified in this contract. Such delays or hindrances, if any, will be compensated for by the County through an extension of time for a reasonable period needed by the CONSULTANT to complete the work schedule. SECTION 10. PUBLIC RECORDS The CONSULTANT acknowledges that the work products prepared pursuant to this agreement are public records under Chapter 118, Florida Statutes, and must be made available to members of the public at a reasonable time and place when requested. Failure to comply with this section entitles the client to immediately terminate this agreement, the 30 day time period of subsection 8.2 notwithstanding. SECTION 11. AUDIT The CONSULTANT must keep its financial records pertaining to this agreement according to generally accepted accounting principles and retain those records for three (3) years following the date of termination or completion of this agreement. The record must be made available to County or State auditors during regular business hours. SECTION 12. INSURANCE POLICIES The CONSULTANT shall procure and maintain the insurance required in Exhibit D. Exhibit D is attached and made a part of this agreement. SECTION 13. EFFECTIVE DATE This Agreement will take effect on the date of the last party to sign. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the 1�'day of_ Q1,,,� , 1999. (: A B' Date: $ - \'a -q q BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA i By Mayor/Chairman (CORPORATE SEAL) MICHA L DESIGN ASSOCIATES, INC. ATTEST: By By Secretary Princ' al Date: Approved as to Form and legal sufficiency 'ED AS AN PRO AN�AL SU By Date: EXHIBIT A SCOPE OF SERVICES SCOPE OF SERVICES The CONSULTANT shall develop a Master Plan for the Overseas Heritage Trail that includes Design of the Trail, Action Plan for Implementation and Action Plan for Long Term Management. The CONSULTANT shall develop a work program for the completion of the Master Plan incorporating the tasks that are described in this scope of work and which: Indicates the phases of the CONSULTANT'S work to be completed while considering DOT's existing 5 year work program for bicycle/pedestrian projects. Divides the study area, Mile Marker 0 in Key West to the Dade county line, into three subareas: Upper, Middle and Lower Keys; and Defines the trail segments in those subareas; and To the greatest extent possible, identifies dates for public involvement opportunities; The CONSULTANT shall develop a set of goals for the development of the various elements of the Master Plan that address the following areas: Trail Connectivity Safety (bicycle/pedestrian and vehicular) Environmental Protection Needs and Desires of the Communities Education (including environmental, bicycle/pedestrian, historical) Maintenance Costs Economic Development Other goals may be added through public involvement. Subarea goals may also be articulated through public involvement. DATA COLLECTION AND INTERAGENCY COORDINATION: The CONSULTANT shall collect and utilize at a minimum the following data for the development of the Master Plan: Monroe County Comprehensive Plan Monroe County Bicycle/Pedestrian Plan Monroe County Public Awareness Package for Bicycle/Pedestrian Plan Old Keys Bridges Report and Studies Management Plans for Protected Areas Monroe County 7-Year Bicycle/Pedestrian Plan Department of Transportation 5 Year Workprogram Right of Way maps and aerials for U.S. 1. Property appraiser information Scope of Services Overseas Heritage Trail Page I of 4 The CONSULTANT shall assemble a Technical Advisory Committee to coordinate agency comments and input. The CONSULTANT shall seek participation from the following entities: Monroe County: Stormwater Coordinator, Planning Department, Marine Resources Department, Environmental Resources Department, Public Works Division, Grants Coordinator, and Land Authority Fish & Wildlife Service; Department of Community Affairs; Department of Transportation; Department of Environmental Protection (State Lands, Office of Greenways and Trails and Division of Recreation and Parks); City of Key Colony Beach; City of Layton; Village of Islamorada Planning Department; City of Key West Planning Department; Monroe County Sheriffs Department; Army Corps of Engineers; United States Coast Guard The CONSULTANT shall also identify landscaping and other beautification grant programs and enhancement projects currently being undertaken for U.S. 1. CITIZEN ADVISORY COMMITTEE & PUBLIC INVOLVEMENT: The CONSULTANT shall obtain input and seek support for the Master Plan from Monroe County residents, businesses and community organizations. At a minimum, the CONSULANT shall obtain input through the following: 1. Development of a mailing list that includes at a minimum: The Scenic Highway Project's Corridor Advocacy Group; and Additional names that are provided by the COUNTY. The CONSULTANT shall at a minimum distribute newsletters, brochures and meeting notices to this list. Working closely with the Scenic Highway Corridor Advocacy Group. For the purposes of the Project, the Scenic Highway's Corridor Advocacy Group members shall serve as the Citizen Advisory Committee. The CONSULTANT shall coordinate activities and meetings with it, including attending appropriate Scenic Highway Corridor Advocacy Group meetings or presentations to solicit input and update the members. 2. Development a graphic and descriptive display and/or information sheet for widespread distribution explaining the phases and elements of the planning effort and the likely impacts of the trail on community identity, safety, recreation and economy. The display/information sheet should also include a. description of the relationship between the Project and the Scenic Highway Project. Scope of Services Overseas Heritage Trail Page 2 of 4 3. Holding at a minimum, 2 advertised and promoted workshops in each of the three subareas at appropriate times in the process. Advertising and notices shall be developed and distributed by the CONSULTANT. 4. Attending other community meetings as appropriate. 5. Attending at least one meeting of the Monroe County Parks & Recreation Board. 6. Developing and distributing a newsletter and providing press releases to The Reporter, The Keynoter and The Citizen throughout the project. The CONSULTANT shall make a presentation to the Monroe County Board of County Commissioners at the completion of the Master Plan. DATA ANALYSIS AND RECOMMENDATIONS The CONSULTANT shall analyze the data and public input and recommend design, implementation and management alternatives and strategies in the form of a Final Report or Master Plan. The Master Plan shall at a minimum include a section on Trail Design, Trail Implementation and Trail Management as described below: DESIGN The CONSULTANT shall prepare and recommend conceptual designs and locations for the trail and associated elements including trail alignment, trailheads, shelters, bathrooms, water, parking, landscaping, theme/signage or kiosks. For each subarea at a minimum, the CONSULTANT shall describe how the recommended design satisfies the goals of the trail and how alternatives were considered. For the life of the contract, the CONSULTANT shall coordinate with DOT on those segments in which DOT commences or has commenced design and/or construction of a bicycle/pedestrian project. For the entire study area, special attention shall be given to the utilization of the Old Keys Bridges. The CONSULTANT shall consider navigability, connectivity and user conflicts. IMPLEMENTATION Scope of Services Overseas Heritage Trail Page 3 of 4 For each subarea, the CONSULTANT shall develop an Action Plan or Implementation Strategy that includes the following at a minimum: Description of permitting needs and agency coordination and approval needs; Description and itemization of costs for completion of the design, development and construction of the various trail elements; and Recommendations for appropriate prioritization, phasing and funding sources for the construction and development of the trail elements, including land acquisition. Recommendations to ensure necessary coordination and integration of the development of the trail and its elements with other scenic highway and beautification projects. MANAGEMENT For each subarea, the CONSULTANT shall develop an Action Plan or Implementation Strategy that includes the following at a minimum: Identification of the maintenance needs and costs for the trail elements; and Recommendations on how to carry out the long term maintenance of the trail; and Identification of potential and likely participants in the trail's management and their responsibilities; and Recommendations for specific arrangements and partnerships in draft MOU's and agreements; and Recommended funding sources and strategies to obtain those funds. Recommendations to ensure on -going coordination and partnering with other scenic highway and beautification projects and managers. The CONSULTANT shall also solicit partners, both public and private, in order to make the recommendations listed above. The CONSULTANT shall pursue the designation of the trail as a state trail. DELIVERABLES: The descriptive display/newsletter described under the public involvement section shall be distributed to the citizen advisory committee with additional copies to the COUNTY. The analysis and recommendations described above will be assembled into a Master Plan or Final Report. The CONSULTANT shall be responsible for providing 30 copies of a Draft Final Report, 50 original Final Reports, Executive Summaries or brochures to the Citizen Advisory Committee and the COUNTY Scope of Services Overseas Heritage Trail Page 4 of 4 a N Z 7 00 .------------------------------------------------------- v CL m cm "cm Q M Q _ V. 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' f"' r Z c�.n 0 o-NM�a og -' 3 w S ,YI '� w O. y .p Oz d offo'' Z e, . Li o n O a p`. ? 'a '$" ac �$ GT C $ * 3 H i � ..� 3 .. b F g C c a. �- o a �• y Lo�� .a' Mp m .`E I P6Z la -R-' o 2 d d 1= � G Z: C� znn ml 7F3 S7 : nT 31I. 2 iy CVP q to CR cm CF3 to qr IR tb qr tO U2 ! V cn 4�z C44 Tl N 19.4 Go tc,3 cq 0 Cli CD 0 C4 V: 9- 44 9 CD O CD en eq to col O�i cz C2 C7 r._ cm U) go lu. 01, 21 VI 10 1* 4a fig 12 -Cc i IL so Ti Fes- Aa CS UA Q LL N cot) En Tv'_4 9Z:nT MU 66 ILZ1LO EXHIBIT D INSURANCE REQUIREMENTS 19% Edition RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Other Contractors and Subcontractors As a pre -requisite of the work governed, or the goods supplied under this contract (including the pre -staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre - staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or Ad • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non -renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. Administration Instruction #4709.3 14 1996 Edition The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. Administration Instruction 15 #4709.3 19% Edition VEHICLE LIABILITY INSURANCE REQUIREMENTS CONTRACT ' tage Trail Master Plan BETWEEN MONROE COUNTY,AFLORIDA Michael Design Asoi tes, Inc. that the work governed by this contract requires the use of vehicles, the Contractor, Recognizing Insurance. Coverage shall be prior to the commencement of work, shall obtain Vehicle Liability Gabili coverage for: maintained throughout the life of the contract and include, as a minimum, tY Owned, Non -Owned, and Idired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. CIS Administration Instruction 81 #4709.3 19% Ediva, INSURANCE REQUIREMENTS FOR CONTRACT for overseas Heritage Trail Master Plan BETWEEN MONROE COUNTY, FLORMA AND Michael Design Associates. Inc. Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the fife of the contract and include, as a minimum: Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage The minimum limits acceptable shall be: $500,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $250,000 per Person $500,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GL2 Administration Instruction 54 #4709.3 19% Edition WORKERS' COMPENSATION INSURANCE REQUIREMENTS CONACT f TRoROverseas Heritage Trail BETWEEN MONROE COUNTY, FLORIDA AND Michael Design Associates, Inc. Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self - insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. WC2 Administration Instruction #4709.3 88 1996 Edition PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT for Overseas Heritage Trail a ter BETWEEN MONROE COUNTY, FLORIDA AND Michael Design Associates, Inc. Recognizing that the work governed by this contract involves the famishing of advice or services of a professional nature, the Contractor shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be: $500,000 per Occurrence/$1,000,000 Aggregate PRO2 Administration Ins mu0n 77 #4709.3 A05401:1). CERTIFICATE OF INSURANCE ISSUE DATE (MMIDWM 4/in/oo PRODUCER THIS CERTIFICATEIS A MA R I IF RMA ION ONLY AND SeaCoast Underwriters, Inc. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 2200 Lucien Wa Suite 330 3' DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Maitland, FL 32751 COMPANIES AFFORDING COVERAGE Agent Lupfer-Frakes, Inc. COMPANY A 222 Church Street LETTER SAFECO Surplus Lines Insurance Company Kissimmee, FL 32741 COMPANY B (� INSURED LETTER Michael Design Associates, Inc. C�EgYC 400 W. New England Ave., Ste. 1 Winter Park, FL 32789 COMPANY A Y D TTER COMPANY E LETTER COVERAGES 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. LT TYPE OF INSURANCE POLICY NUMBER R POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDD LIMITS � DATE (MM/DD/YY) GENERAL LIABILITY AGGREGATE S COMMERCIAL GENERAL LIABILITYGENERAL PRODUCTS-COMP/OP AGG. $ CLAIMS MADE OCCUR. PERSONAL i ADV. INJURY S OWNER'S 6 CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE (Any one fire S MED. EXPENSE WW am persona S � AUTOMOBILE LIABILITY OY ANY AUTO CM TBINED SINGLE S ALL OWNED AUTOS DATE SCHEDULED AUTOS BODILY INJURY (Per person) S HIRED AUTOS 4Vfi'VFR; N, - _.1_<YFS NON -OWNED AUTOS BODILY INJURY (Per accIdent) S GARAGE LIABILITY i PROPERTY DAMAGE i EXCESS LIABILITY EACH OCCURRENCE $ j UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM ' I I WORKER'S COMPENSATION STATUTORY LIMITS AND EACH ACCIDENT S EMPLOYERS' LIABILITY DISEASE —POLICY LIMIT S DISEASE —EACH EMPLOYEE S OTHER A Professional Liability CM 7850892A $1,000,000 Each Claim 12/2/98 12/2/99 $1,000,000 Aggregate DESCRIPTION OF OPERATInNt9 nr ATrnutnlC less...... — This is a claims made policy. Coverage applies only to those claims which first occur i and are first reported to the Company during the policy term. i i i CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE i 2798 Overseas Highway EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Suite 400 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Marathon, FL 33050 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25-S (7!90) // CACORD CORPORATION 1990 .:. DATE (MMIoorYq ACO R D • =i� ?}iCv $: ................,i.,.:.;:.::.:................:..,-:::.,.:::.,::::::.,..�?:..,•�;.?•i•:.??:<,.:•,..fi.:+. •... � i::?:??????i?vin}?}}i?:vii?5}:i-u;p}:A ::iii? sii::i:::isiv::::::?:??}:.:i-??:f?::::.::::.:�:::n:.�:::: :.n•:.....M1 ......::.`.::.. -. h.. V.:�R.'\vv+�}' ,-•,:.:,+i:...... ,���..•. ,;':?:..,,.}:.,..:..:, 09/24/99 ,•. ,:i, MINIMUM ....... .......... .. :v. �::::�' �: PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lupfer-!ra>�es-InauYanao - HOLDER. THIS CERTIFICATE DOES-NOT.AMEN)D„EXTEND OR. • .... 222 Church Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. RissiFL 34741 COMPANIES AFFORDING COVERAGE COMPANY A Assurance Co. of America PtmwNo' 407-847-2841 FiaxNm WSURED COMPANY S Everest National Insurance COMPANY C SArZCO Surplus Lines Ins. Co. Michael Design, Inc. COMPANY 400 W.New England Ave. ,Ste 1 Winter Park FL 32789 D :..::::..:.......:.........::.::.......:...................:..........................:............................::.:::::::............................:...:.......:............................................:................. .. : ••: •::: •:•:.:._:::::i:•::-?:}??::•}:ii•;•}?:-?:?}?:•?;:<;•??:-??:•?:.;:i•?:;.;;.}:.>??:-}??}?}?:::i':????;•?;i::}:-??:•:i:::;::::::;::::::::r:+.+.'�:?}:.;• ..: •:::.. ................................................}}}+::i•�?.?•o}fi,+........::::::::::::::::>:;: THIS IS TO CERTIFY THAT THE POLKIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE NSUREO NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREAENT, 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 POLICES DESCRIBED HEREIN IS SUBJECT TO ILLL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. CO LTR TYPE OF W R)RANCE POUCY NUMBER POLICY EFFEC NE DATE VANDO" POLICY EXPIRATION DATE PNMIDWM UMITS GEERALUABLITY GENERAL AGGREGATE s 2000000 PRODUCTs-CommPAGo $ 2000000 A X MMMERCALGEER&UABLRY PPS32777543 03/12/99 03/12/00 PERSONAL s ADV K)URY $1000000 CIAIMS MADE 0 OCCUR EACH OCCURRENCE $ 1000000 OWMM A CONTRACTOWS PROT ME DAMAGE (My me be) $ 1000000 MED EXP (My one pmum) $ 10000 AUTOMOBILEUABILRY PPS32777543 03/12/99 03/12/00 COMOMM SWOLE ULXT $ 1000000 A ANY AUTO BODILY NI.IURY $ ALL OMMED AUTOS SCHEDULED AUTOS rw P—) X HIRED AUTOS Kn; BODLY WJURY = X NON•owNED AUTOS lPw.oaa«i0 V Y PROPERTY DAMAGE T GARAGE UABLRY -- AUTO ONLY - EA ACCIDENT S ANY AUTO W-V if E R: N, —z-- 'YE S OTHER THAN AUTO ONLY: >'• }: ?'•� �'�,: EACH ACCKXW S AGGREGATE : EXCEss UABLTTY EACH OCCURRENCE $1000000 AGGREGATE $ 1000000 A FORM PPS32777543 03/12/99 03/12/00 $ NUMBREUA OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND TWOCRY TIS ....................................... EL EACH ACCIDENT $ 500000 EMPLOYERS`UABLITY ELdsEAsE-POLJ YuNT $ 500000 S THE PROPRIETM WCL USA 001018 SEC#800028 05/22/99 05/22/00 DEASE-EA EMPLOYEE ISoFF�cERs S SOOOOO PARTNERSIEXECUTNERE= ARE:EL OTHER A Comm Application PPS32777543 03/12/99 03/12/00 A property Section PPS32777543 03/12/99 03/12/00 DESCRIPTION OF OPERATIONSLOCA ITEMS gaged Engineers or Architects -Consulting -Not gga��gga ed in Constructio S, rv�ty a to Genera I.i ility and Cert. Holds named Additional Insured witTi Auto Liabil ty. *10 day notice sn the event o non-payment of premium. fi 1 T c ... ::.::::::::.::.::.:.::::.::.:::::::...........................................MONAOEB SHIOUlO ANY OF THE ABOVE DESCRIBED POLICES BE CAHICELUc"D BEFORE THE EXPIRATION DATE THEREOF. THE ISSUIHIG COMPANY WILL ENDEAVOR TO MAL 3 0 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HouER NAMED TO THE LEFT BUT FALURE TO MAL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR UABLTTY Monroe County SOCC 27 98 Overseas Highway Ste. 400 OF ANY UPON TIE ��' � �� OR REPResENTATn+Es. Marathon FL 33050 AUT►ROR¢m ESENTATIVE Lk"djj ::.::.;.::.;.::?':.::.:.?:.??:.;;:;:.:.?:.?:.?:.;;:•;:-:i.?:.:;.?:.<:.:<:::»>»::»>:>.:>::»<><:::>:<::<:>::>::>::>::»»>::>::>::::>:::::<:>>::>::::>::>::>:.::< ........................... .,::;::.::::.::....;,:.,:..::,.::-:::.: •:+ >' tom$::>' :.:.:.................................::..::.::.::.:....:.::.......:.:.::....:::::...:::..:.:.:;.:::.:.. :::.,..:...........:...:::.:.::::::,.::::::...................:.:::::..::..::::.::.:.::::..:.::::::........................:.:.,.::::.:.:t3O>...........::.:::::::::::............... 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