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06/21/2001 Agreement CONTRACT FOR THE MONROE COUNTY RESIDENTIAL CANAL INVENTORY AND ASSESSMENT THIS CONTRACT is entered into by MONROE COUNTY, a political subdivision of the State of Florida, whose address is the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida 33050, hereafter the County, and Law Engineering and Environmental Services, Inc., a Florida corporation, whose address is 5845 NW, 158th Street, Miami Lakes, Florida 33014, hereafter the Consultant. The Consultant represents that it is professionally qualified to produce the Monroe County Residential Canal Inventory and Assessment described in greater detail in Appendix A of this Contract. The Monroe County Residential Canal Inventory and Assessment is referred to throughout the rest of this Contract as the Plan. Portions of the Plan are referred to as Tasks, Subtasks, or work products. Section I. The Consultant must commence work on the Plan within ten (10) calendar days of the notice to proceed provided by the County and satisfactorily complete and deliver all work products under this Contract within 540 days of the notice to proceed. Section II. The planning area covered by this Contract includes all areas within the unincorporated portion of the Florida Keys, Monroe County, Florida. Contract 06/09/01 11:25 PM Generally, this area extends from the City limits of Key West to North Key Largo and the Dade County Line on U.S. Highway 1. Section III. The Consultant is required to complete this Contract in accordance with the Task requirements outlined in Appendix A and in the approximate completion times outlined in Appendix B. Approximate completion times outlined in Appendix B are intended to be flexible and may be adjusted with the recommendation of the Directors of Marine Resources and Growth Management and with the approval of the Consultant so long as the contract is complete within 540 days. Appendix B also serves as the schedule of Contract Deliverables and payments for the Contract. Section IV. The lump sum maximum total compensation due the Consultant for satisfactorily completing the Plan is $210 ,200 hereafter the Contract price. Contract Deliverables, approximate completion times, and deliverable payment amounts are outlined in Appendix B. The Consultant may not receive compensation for any work performed that is not described in Appendix A or for any amount that is not specifically defined in Appendix B of this Contract unless the work is otherwise approved in writing by the Board of County Commissioners. Section V. This Contract is funded through a grant with the Florida Department of Community Affairs and Monroe County. If any funding source is terminated or Contract 06/09/01 11 :25 PM 2 if there is a revenue short fall, or if there is a failure to allocate funding resources, the County may elect to abandon the Plan or revise the Scope of Work accordingly. If the County so elects, it must immediately notify the Consultant in writing. The Consultant must cease all work on the Plan upon receipt of the County's abandonment letter. The Consultant must also turn over to the County allPlan work products whether complete or not. The County must then pay the Consultant that portion of the Contract price for the Plan that is equivalent to the work turned over minus the amount paid for completed Tasks or Subtasks previously made. The County's reasonable determination of the portion of the Contract price due is final. Section VI. The Consultant is not responsible for damages or delay in performance caused by acts of god, strikes, lockouts, accidents, or other events beyond the control of the Consultant. The County may suspend, delay, or interrupt the services of the Consultant for the convenience of the County. In the event of the force majeure or said suspension, delay, or interruption, an equitable adjustment in the Contract's schedule and the Consultant's compensation will be mutually agreed upon. Section VII. The payment for Contract Deliverables may not be made until the Task or Subtask has been determined to be satisfactorily completed by the Contract 06/09/01 11:25 PM 3 County's Project Manager, the Director of Marine Resources or his designee. The County shall have ten (10) working days to review the specific Contract Deliverable prior to acceptance or rejection of the Contract Deliverable. If rejected, the Consultant shall be given a reasonable time in which to remedy the defect, not to exceed the original Contract timeframe and not in a manner that delays the fulfillment of other Contract Deliverables as identified in Appendix B. If accepted, a payment must be made in full within 20 days of the determination that the Contract Deliverables were satisfactorily completed. The Consultant may not receive the final payment until the documents and data have been turned over as provided in Section XX. The Consultant's subcontractors are not third party beneficieries under this Contract, are not in privity with the County, and may not seek payment from the County for any amount owed them by the Consultant. A sentence similar to the proceeding must be in all Consultantlsubconsultant contracts that are funded, in whole or in part, through this agreement. Section VIII. The standard of care applicable to the Consultant's services will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services at the time said services are performed. The Consultant will re-perform any services not meeting this standard without additional compensation. Contract 06/09/01 11:25 PM 4 Section IX. To the maximum extent permitted by law, the Consultant's liability for County's damages for any cause or combination of causes will, in the aggregate, not exceed the Contract price. This Section takes precedence over any conflicting Section of this Contract or any document incorporated into it or referenced by it. Section X. The following requirements apply to all of the Tasks and Subtasks performed by the Consultant under this Contract. A. The County and the project Technical Advisory Committee (TAC) must review all draft documents and provide comments to the Consultant within a two week period after receipt of each draft component of the Contract. B. Deliverables will be provided to the County in the following form: 1. Technical memoranda and interim draft documents: One reproducible hard copy and one electronic copy must be provided. 2. Draft Monroe County Residential Canal Inventory and Assessment: 25 bound copies and one electronic copy must be provided. 3. Final Monroe County Residential Canal Inventory and Assessment: 25 bound copies and one electronic copy must be provided. C. The format for all electronically produced deliverables follows: 1. Word Processing Contract 06/09/01 11:25 PM 5 a) Microsoft Word 97 or later 2. Database/Spreadsheets a) Microsoft Access 97 or later b) Microsoft Excel 97 or 3. GIS a) All GIS coverages shall be created, generated, in ArcInfo or Arc View as appropriate and delivered in Arc View 3.2 Shapefile format. Section XI. The Consultant must have insurance of the amount and type described in Appendix C. Appendix C is attached and incorporated into this Contract. Section XII. The Consultant acknowledges and agrees that public use of any or all reports or other printed materials, videos, audio recordings, films and photographs produced as part of this Plan may not be restricted under the copyright laws of the United States of America. Section XIII. Records of the Consultant's direct personnel payroll and other costs and expenses pertaining to the Plan and records of the accounts between the County and the Consultant must be kept on a generally recognized accounting basis and must be available to the County or its authorized representative, representatives Contract 06/09/01 11 :25 PM 6 of the Florida Department of Community Affairs upon reasonable notice and during normal business hours. The records also must be in form sufficient to permit a grant specific audit to be performed in accordance with the rules of the Auditor General. The Consultant must keep the records for five years following the completion of the Plan. Section XIV. The 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 Contract and that he has 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 other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of this provision, the County shall have the right to terminate the Contract without liability and, at its discretion, to deduct from the Contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Section xv. The Consultant may not assign or subcontract its obligations under this Contract without the written consent of the County except for subcontracts with the following firms: A. Kathleen Sullivan-Sealy Contract 06/09/01 11 :25 PM 7 B. Hydrologic Associates USA, Inc. C. Sandra Walters, Consultants, Inc. Section XVI. The County's consent to the subcontractors listed above does not in any way relieve or excuse the Consultant from the complete performance of all his duties and obligations under this Contract. Section XVII. The Consultant acknowledges that all records, data, and documents created as part of the Plan are public records under Chapter 119, Florida Statutes. As a result, they must be made available at a reasonable place and time upon the request of a member of the public. Failure to do so is a breach of this Contract entitling the County to treat the Contract as terminated on the date of the violation of Chapter 119, Florida Statutes, with the County's obligation to pay extending only to work completed as of that date plus amounts previously retained, if any. Section XVIII. The Consultant must indemnify and hold harmless the County, proportionately to the extent of the Consultant's negligence as compared to that of the County, from and against all liability, claims and damages, loss, costs, and expense arising out of any negligent act or omission by the Consultant that results in injury to third persons or their property occurring as a result of carrying out the work required by this Contract. If the County is alleged to be liable on account of Contract 06/09/01 11:25 PM 8 such negligent act or omission, then the Consultant must defend the allegations through a mutually acceptable counsel with the Consultant bearing its proportionate cost, fees and expenses of the defense to the extent of the Consultant's negligence as compared to that of the County. The Consultant's obligations under this section are not vitiated by the purchase of the insurance required by Section XI. Section XIX. Neither party shall be responsible to the other or to any third party for any economic, consequential, or incidental damages (including, but not limited to, loss of use, income, profits, financing, or reputation) arising out of or relating to this agreement or the performance of the Services. Section XX. The Consultant warrants that the work constituting the Plan does not infringe upon or violate the patent, copyright or trademark of any third person. If a claim of infringement or violation is made by a third person against the County, the County must notify the Consultant within twenty days of the date the County received the claim. The Consultant must then indemnify and defend the County against the third party's claim bearing all costs, fees and expenses of the defense or obtain the right to use such patented trademark or copyright material in the work at no additional expense to the County. The County's failureto timely notify the Consultant is a waiver of this warranty. Contract 06/09/01 11:25 PM 9 Section XXI. All final data and documents produced or obtained in the course of preparing the Plan whether or not used in the Plan are - and will remain - the property of the County and must be delivered to the County before the County may make the final payment to the Consultant. The Consultant may retain copies of the documents and data delivered to the County but the copies must be prepared at the Consultant's expense. Section XXII. Either party may terminate this Contract because of the failure of the other party to perform its obligations under the Contract. If the County terminates this Contract because of the Consultant's failure to perform, then the County must pay the Consultant the amount due for all work satisfactorily completed as determined by the County up to the date of the Consultant's failure to perform but minus any damages the County suffered as a result of the Consultant's failure to perform. The damage amount must be reduced by the amount saved by the County as a result of the Contract termination. If the amount owed the Consultant by the County is not enough to compensate the County, then the Consultant is liable for any additional amount necessary to adequately compensate the County up to the amount of the Contract price. Contract 06/09/01 11:25 PM 10 Section XXIII. The Consultant is an independent Contractor. Nothing in this Contract may create a contractual relationship with, or any rights in favor of, any third party. Section XXIV. This Contract has been carefully reviewed by both the Consultant and the County. Therefore, this Contract is not to be construed against any party on the basis of authorship. Section XXV. This Contract represents the parties' final and mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Contract cannot be modified or replaced except by another signed Contract or Amendment thereto. Section XXVI. The waiver of the breach of any obligation of this Contract does not waive another breach of that or any other obligation. Section XXVII. 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 County may, in its discretion, terminate this Contract without liability and may also, in its discretion, deduct from the Contract or Contract 06/09/01 11:25 PM 11 purchase pnce, or otherwise recover the full amount of any fee, commISSIOn, percentage, gift, or consideration paid to the former County officer or employee. Section XXVIII. This Contract is governed by the laws of the State of Florida. Venue for any disputes arising under this Contract must be in Monroe County, Florida. Section XXIX. While in the course of preparing the Plan, the Consultant may not discriminate against any employee because of race, age, creed, color, sex or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action may include, but need not be limited to, the following: employment upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of payor other forms of compensation; and selection for training, including apprenticeships. The Consultant must insert language similar to this Section in any of the Consultant's subcontracts funded through this Contract except for subcontracts for standard commercial supplies and raw materials. Section XXX. In carrying out the preparation of the Plan the Consultant must comply with the requirements of the Americans With Disabilities Act and federal regulations issued under that Act. Contract 06/09/01 11 :25 PM 12 Section XXXI. No member, officer or employee of the County during his tenure at the County or for two years after that may have any interest, direct or indirect, in this Contract or the proceeds from the Contract. Section XXXII. All communication between the parties should be through the following individuals: Monroe County George Garrett, Director Department of Marine Resources Consultant Pattie Gertenbach Law Engineering and Environmental Services, Inc. 5845 158th Street Miami Lakes, FL 33014 2798 Overseas Highway, Suite 420 Marathon, FL 33050 Section XXXIII. This Contract takes effect on the date of the signature of the last party to sign. THE REMAINDER OF THE PAGE LEFT INTENTIONALLY BLANK Contract 06/09/01 11 :25 PM 13 Section XXXIV. IN WITNESS WHEREOF, each party hereto has caused this Agreement ~ E KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS ~;;'FL~~ Mayor/Chairman - (SEAL) Attest: LAW ENGINEERING & ENVIRONMENTAL SERVICES, INC. By Title ~~~ By Title APPROVED AS TO FORM A I Y (,:''', j::'oo '. :', c: r'-;"'~ ~:~_':: "'''E,~ (;") ('")' ,.-, C)C)~ 0 S ::0 :::~ ....-. C) ::t:>o -In, :z:. :<:-1::: _ r,e~ .." )> 9 i") r- C":; > I'M W CJl c.) 14 Appendix A Scope of Work for Monroe County Residential Canal Inventory and Assessment Appendix A 06/09/01 11 :25 PM SCOPE OF SERVICES MONROE COUNTY RESIDENTIAL CANAL INVENTORY AN ASSESSMENT The purpose of the study is to inventory the physical characteristics of the canals in Monroe County potentially affecting water quality within the canals and to develop a classification model of the canals based on these physical characteristics. Physical remedial options will then be evaluated (desktop) and ranked for effectiveness and cost for each type of canal. An existing, recently unplugged canal system will be used to perform a Case Study to evaluate whether water quality in the canal has improved as a resultof measures taken to improve canal conditions prior to being unplugged. The Case Study will also be used to test the effectiveness of the preferred desktop remedial alternative. Limited water quality data will be collected in order to augment the data available for the Case Study. The final report will include a GIS database summarizing the efforts and results of the Scope of Services performed. THE CONSUL T ANT will also evaluate potential external funding options available to support future canal water quality improvements and monitoring efforts. The following highlights the major portions of the services to be performed: Task IA Compile/Review Existing Data THE CONSULTANT will review existing data related to water quality in the Florida Keys. The bibliography in the cited EP A document, Water Quality Concerns in the Florida Keys: Sources, Effects, and Solutions, provides a good starting point. In addition, THE CONSULTANT will explore the following data sources: I. CH2M Hill - Wastewater Master Plan 2. CDM - Stormwater Management Master Plan 3. Dames & Moore - Carrying Capacity Study 4. DEP - Hurricane Georges' clean-up report 5. FMRI - Existing Analytical Data 6. Baywatch 7. Florida International University - water quality and seagrass monitoring data 8. Site Characterization for the Florida Keys National Marine Sanctuary and Environs 9. Outstanding Florida Water study IO.State database Monroe County Residential Canal Inventory and Assessment Scope o/Services 5 June 2001 THE CONSULTANT will incorporate applicable electronically available and compatible data. THE CONSULTANT may request the County's assistance in obtaining unpublished data that is discovered or recommended during this review (ex: 205J study). The focus of this effort will be to assess the current base of knowledge about water quality as it relates to confined waters, particularly open and plugged canal systems. The deliverable associated with this task will be a bibliography with brief summaries of the sources included, as well as a list of the sources evaluated. In addition, the location of known and available data on sampling locations represented in references within the bibliography will be used to develop a GIS layer of known water quality monitoring sampling sites. The County will be given the opportunity to review data collected as THE CONSULTANT progresses to help identify possible additional sources. The ability to incorporate additional sources will be dependent upon their format (ex: hard copy vs. electronic; compatible vs. incompatible). They will be evaluated on a case by case basis with input from the County. The information collected during this phasewill be used to build Task lB. Deliverables - Deliverables for Task lA, as identified in Appendix B, include one Draft Bibliography as specified above and a Final Bibliography. Task IB Provide Inventory and Physical Description of Canal Systems in Monroe County The purpose of this task will be to develop a GIS database that includes canal physical attributes that could potentially impact water quality. The majority of this information will be collected from existing sources, with only occasional field verifications. A classification model will then be developed to group canals that exhibit similar physical characteristics. The goal of this task will be to collect sufficient information, through desktop estimates, of the listed physical attributes to evaluate potential impacts to water quality, without the cost of a large-scale field effort. The results of this task will provide Monroe County with a basis upon which future studies, monitoring, planning and evaluation of canal systems can be performed. This will be a comprehensive database that can be expanded upon and drawn upon as needed particularly for, but not limited to, future canal studies. The majority of the information for the GIS base layer will be developed from 2 Monroe County Residential Canal Inventory and Assessment Scope of Services 5 June 2001 the 1998 aerial photographs for the Florida Keys, available from FDOT District 6. We will develop a list of questionable water bodies for the County's consideration as to whether these water bodies should be included in this study (for example, a boat basin at the end of a canal). Characteristics to be included in the classification model (and the primary source of information for each) are as follows: 1. Length/width - aerial photographs 2. Open/plugged - aerial photographs, existing data 3. Depth - boat types identified on aerial photographs, information from realtors, and, on occasion, field verified; will classify by ranges (ex: 0- 5, 5-10, 10-20) and will specify controlling depth and known maximum depth 4. Degree of convolution - aerial photographs 5. Surrounding land use - aerial photographs and existing land use maps 6. External debris buildup - aerial photographs, interviews and spot field verification 7. Nature of canal banks - aerial photographs 8. Fill vs. dredge canal- permit information, historical aerial photographs 9. Approximate age of canal - historical aerial photographs, interviews 10. Wastewater inputs - existing wastewater master plan 11. Stormwater input - existing stormwater master plan (include culverts) 12.Physical improvements - permit information, information from realtors, municipalities, and HOAs 13.Whether canal is adjacent to an artificial basin -aerial photographs Using these characteristics, a canal classification will be developedto estimate the potential for water quality degradation, based on the physical attributes of canals noted immediately above and using the canal-specific data gathered in Task IA. The County will work with the CONSULTANT to develop the canal classification model, prior to final approval and use. Along with the parameters described above, the classification score or ranking will be incorporated into the database developed for the task. The database must link uniquely to study area canal systems or canal system segments so that the data may be represented spatially. The canal classification and GIS will be subject to review and assessment by the County prior to acceptance and final delivery. This task includes one week offield verification. Monroe County will provide boat time and staffing for this effort. 3 Monroe County Residential Canal Inventory and Assessment Scope of Services 5 June 2001 The deliverable for Task IB will consist of a GIS database (on CD) to be presented to an audience of the County's choosing. The GIS layers will be provided in Arcview 3.2 shapefile format. The layers will be plotted to the 1998 FDOT aerial basemap created. This will allow the ability to incorporate future data to the basemap. The spreadsheets imbedded in this program will also be presented as hard copy. The data will be "tagged" to provide some indication of reliability, i.e., has it been verified? What is source? Should it be verified? Metadata will be provided for the data and GIS layers to provide information about the source of the data, when and where the data was taken, and to evaluate the GIS information accuracy, amongst other metadata parameters. GIS layers/shape files to be provided include: 1. 1998 FDOT aerials (MrSID, if possible, or JPG) 2. Canal shoreline coverage 3. Point file of existing water quality monitoring locations (determined from Task IA) 4. Culverts (depending upon data availability/compatibility/format) 5. Water treatment plants/discharge locations (depending upon data availability/compatibility/format) 6. Surrounding land use (depending upon data availability/compatibility/format) Deliverables - Deliverables for Task IB, as identified in Appendix B, include three Progress Reports representing progress towards completion of the Final GIS Database and the Final GIS Data and Report. Task II Evaluate effectiveness/cost of various treatment technologies for open canals Treatment approaches and technologies to be evaluated include, but are not limited to: 1. Backfill canals 2. Construct flushing channels 3. Install culverts; 4 Monroe County Residential Canal Inventory and Assessment Scope of Services 5 June 2001 4. Install/maintain aeration devices; 5. Install/maintain weed gates, including air curtains; 6. Other potential physical improvement methods. A matrix will be developed comparing the potential effectiveness and cost of the treatment options identified for the types of canals identified in TaskIB above. Estimated costs for each technology will be assessed (desktop) with minor cost input from potential construction contractors (South Florida and Keys sources where possible). Potential external funding opportunities for implementation of reviewed treatment technologies will be evaluated, as well as the potential secondary impacts related to the various treatment methods. Deliverables for Task II will consist of: 1. a matrix using the classification model in Task I to present the treatment options evaluated in Task II; and 2. a ranking of these treatment options based on projected effectiveness for reducing water quality problems and the associated cost for implementation of a selected treatment option for each canal type. Deliverables - Deliverables for Task II, as identified in Appendix B, include a Draft Report of Canal Treatment Technologies and a Final Report. Task III Case Study - Sunset Acres A case study will be performed on the recently unplugged canal in Sunset Acres. The purpose of the study will be to evaluate water quality in the canal since improvements have been implemented and the canal system has been unplugged. If there is not sufficient data to make a valid comparison, additional data will be collected, if possible. If the data cannot be collected (ex: incomplete background data), the study will identify the data gaps and provide recommendations for future pre-improvement sampling projects. An attempt will be made to address whether adjacent waters have been degraded as a result of the plug removal. Again, if insufficient data is available, the report will include recommendations for data collection in future studies. We will include an evaluation of how this project fits the model, based on before/after classification, using the classifications developed in Task I and treatments recommended in Task II. 5 Monroe County Residential Canal Inventory and Assessment Scope of Services 5 June 2001 Monitoring of the Case Study area will include collection of salinity, turbidity, temperature, and dissolved oxygen (DO) parameters at a minimum. Samples shall be taken in the morning, preferably on falling tides to assess the worst case conditions, particularly for DO. Comparable samples should be taken in the afternoon or evening. Such sampling should be done approximately quarterly. During the course of the study, the Consultant shall monitor at least two episodic rain events in the study area to assess the impact ofstormwater runoff on the Sunset Acres canal system and adjacent waters. Approval of monitoring equipment, techniques, and practices will be made by the County prior to initiation of any sampling efforts. Results will be provided in GIS- compatible tabular format. Deliverables - Deliverables for Task III, as identified in Appendix B, include a Draft Sunset Acres Case Study Report, a Final Sunset Acres Case Study Report and the Final Case Study Sampling Results. Task IV Prepare final report A final report/GIS database will be prepared to provide a summary of the efforts performed under this Scope of Services. 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'" o ?f- "" o ~ ),. c co ~ -I III Ul ~ c ~ <. CD Dl C" CD 3: o ~ lJIo c .. ~ &> III C < ~ Illo~ ~-o C.CIll > .. ~ en :: ~ :g ~ ~ !:t. OJ < III c:r CD iiiDa c. (/I 0 "11-< ~ Q AI (/I m ~ III C. g.~ .n: (/I (/I ,..(/1 3 .. a "11 CD CD D}f-.- Ul ';/!.~ o o 3 'tl CD ;- 4l~ ,g. CD 0 o .... - 'It AI ~:g-l '< a DI ~ >< to ~ VI () :T .. a. AI ~ s-:g CD ~ ~ 1996 Edition PROFESSIONAL LIABILITY INSURANCE REQUIREMNTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND LAW ENGINEERING & ENVIRONMENTAL SERVICES, INC. Recognizing that the work governed by this Contract involves the furnishing of advise or services of a professional nature, the Contractor shall purchase and maintain, throughout the life of the Contract, Professional Liability Insurance w 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: $1,000,000 per Occurrence/$2,000,000 Aggregate PR03 Appendix C - Administration Instruction #4709"2 CanalContractRiskO 1 O"doc 06/04/01 8:26 PM 4 Appendix B Contract Deliverable Time Table and Deliverable Cost for Monroe County Residential Canal Inventory and Assessment Appendix B 06/09/01 11:25 PM Appendix C Monroe County Insurance Requirements and Provisions Appendix E 06/09/01 11:25 PM 1996 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 the 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: Appendix C - Administration Instruction #4709"2 CanalContractRiskO 1 O"doc 06/04/01 8:26 PM 1 1996 Edition . Certificate of Insurance or . 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 ofthirty (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 the liability or obligation assumed under this Contract or imposed by law. The Monroe County Board of County Commissioners, it employees and official 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 Waver of Insurance Requirements" and approved by Monroe County Risk Management. Appendix C - Administration Instruction #4709.2 CanalContractRiskO 1 O.doc 06/04/01 8:26 PM 2 1996 Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND LAW ENGINEERING & ENVIRONMENTAL SERVICES, INC. Prior to the commencement of work governed by this Contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the Contract and include as a minimum: . Premises Operations · Products and Complete Operations · Blanket Contractual Liability . Personal Injury Liability · Expanded Definition of Property Damage The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this Contract. In addition, the period for which claims 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. GL3 Appendix C - Administration Instruction #4709.2 CanalContractRiskO 10.doc 06/04/01 8:26 PM 3 1996 Edition VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND LAW ENGINEERING & ENVIRONMENTAL SERVICES, INC. Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the Contract and include, as a minimum, liability coverage for: . Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $1,000,000 Combined Single limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies to satisfy the above requirement. VL3 Appendix C - Administration Instruction #4709.2 CanalContractRiskO 1 O.doc 06/04/01 8:26 PM 5 1996 Edition WORKERS' COMPEMNSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND LAW ENGINEERING & ENVIRONMENTAL SERVICES, 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: $1,000,000 Bodily Injury by Accident $1,OOO,OOOBodily Injury by Disease, policy limits $1,OOO,OOOBodily 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 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 Appendix C - Administration Instruction #4709.2 CanalContractRiskO 1 O.doc 06/04/01 8:26 PM 6