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11/20/2002 MONROE COUNTY BIG PINE KEY/US1 CORRIDOR AREA ENHANCEMENT PLAN AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT made and entered into this lent day of pet:6~, 2002, by and between the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, Monroe County, Florida, hereinafter referred to as the "CLIENT", and Hellmuth, Obata + Kassabaum, Inc. (HOK) with offices located at 4040 N.E. 2nd Avenue, Suite 301, Miami, Florida 33137 hereinafter 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 render and perform consulting and other professional services in connection with providing technical assistance to Monroe County in the preparation of a Big Pine Key / US 1 Corridor Area Enhancement Plan. WHEREAS, THE CLIENT desires to engage the CONSULTANT on a contract basis, for work assignments, as per the authorization procedures hereinafter set forth. NOW, THEREFORE, the parties hereto do mutually agree as follows: SECTION 1. EMPLOYMENT OF THE CONSULTANT The CLIENT hereby engages the CONSULTANT and the CONSULTANT agrees to perform services hereinafter described. SECTION 2. SCOPE OF SERVICES The CONSULTANT shall do, perform and carry out in a professional and proper manner certain duties as described in the Scope of Services - Exhibit "A" - which is attached hereto 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 Assignments. Designate in writing a person with authority to act on the CLIENT's behalf on all matters concerning the Work Assignment. 3.2 Furnish to the CONSULTANT all existing plans, studies, reports, and other available data pertinent to the work, and obtain or provide additional reports and data as required 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's services. Page 1 of 21 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 services hereunder. Any obstruction to such access by private property owners shall not constitute a basis for waiver of any other required entries on to public and private property, nor shall it provide a basis for termination of the contract. In the event that such access is so obstructed, CONSULTANT and CLIENT shall work together to resolve the difficulty in a timely manner. 3.4 Perform such other functions as are indicated in Exhibit "A" including but not limited to scheduling all meetings, work sessions, and hearings associated with the performance of the CONSULTANT's work, including preparation of minutes and records. SECTION 4. TIME OF COMPLETION The services to be rendered by the CONSULTANT for each task shall be commenced upon written notice from the CLIENT and the work shall be completed in accordance with the schedule mutually agreed to by the CLIENT and CONSULTANT, unless it shall be modified in a signed document, by the mutual consent of the CLIENT and CONSULTANT. Subsequent services shall be performed in accordance with schedules of performance which shall be mutually agreed to by CLIENT and CONSULTANT. SECTION 5. COMPENSATION 5.1 The maximum compensation available to the CONSULTANT under this agreement is $41,135.00. The CLIENT agrees to pay the CONSULTANT on the lump sum basis for the successful completion of work tasks in accordance with the Compensation Schedule -Exhibit "B"- which is attached hereto and made part of this agreement. Should there be any reimbursable expense request and should there be any disagreement on these, any disagreement regarding which items are reimbursable shall be submitted to the County Clerk for determination and whose decision shall be final. 5.2 The hourly billing rates of the CONSULTANT, expected to include virtually all costs including travel, used in calculating the compensation due are: Position Rate $119 $140 $140 $ 94.50 $156 Project Manager Urban Planner, New Urban Specialist Urban Planner,Community Specialist Landscape Architect, Graphic Specialist Traffic Specialist Page 2 of 21 SECTION 6. PAYMENT TO CONSULTANT 6.1 CONSULTANT shall submit monthly invoices and progress reports for services rendered on each individual work task being performed by the CONSULTANT. The CLIENT shall make payments in response to CONSULTANT's invoices within forty-five (45) days of the invoice date. 6.2 If the CLIENT fails to make any payment due to the CONSULTANT for services and expenses within forty-five (45) days after the invoice dates, 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 for services. SECTION 7. AUTHORIZATION OF WORK ASSIGNMENTS 7.1 All work assignments beyond or in addition to EXHIBIT "A" shall be authorized in a signed document in accordance with the CLIENT's policy prior to any work being conducted by the CONSULTANT. 7.2 Additional authorizations may contain additional instructions or provIsions specific to the authorized work for the purpose of clarifying certain aspects of this Agreement pertinent to the work to be undertaken. Such supplemental instruction or provisions shall not be construed as a modification of this Agreement. Authorizations shall be dated and serially numbered. SECTION 8. COST CONTROL 8.1 Opinions of probable construction cost, financial evaluations, and feasibility studies prepared by the CONSULTANT under the Work Assignment will be made on the basis of the CONSULTANT's best judgment as an experienced and qualified professional. It is recognized, however, that the CONSULTANT does not have control over the cost of labor, material, equipment, or services furnished by others over market conditions or contractor's methods of determining their prices, and that any utilitarian evaluation of any facility to be constructed or work to be performed on the basis of the Work Assignment must be of necessity speculative. Accordingly, the CONSULTANT does not guarantee that proposals, bids, or actual costs will not vary from opinions, evaluations, or studies submitted by the CONSULTANT to the CLIENT thereunder. Page 3 of 21 SECTION 9. 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: Monroe County Board of County Commissioners c/o Monroe County Growth Management Division 2798 Overseas Highway, Suite 410 Marathon, Florida 33050 Attention: Division Director To the CONSULTANT: Senen Antonio, Project Manager HOK Plannin~ Group 4040 N.E. 2" Avenue, Suite 301 Miami, Florida 33137 or addressed to either party at such other addresses as such party shall hereinafter furnish to the other party in writing. Each such notice, request, or authorization shall be deemed to have been duly given when so delivered, or, if mailed, when deposited in the mails, registered, postage paid. SECTION 10. GENERAL CONDITIONS 10.1 All documents created or prepared by CONSULTANT and which 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 said documents on any projects not covered in this contract, it shall indemnify and save harmless CONSULTANT from all damages, including legal fees and costs, resulting from the reuse of said documents. 10.2 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 any termination, the CONSULTANT will be paid for all services rendered and reimbursable expenses incurred to date of termination. The CLIENT will receive all work product performed, in whatever manner, as of the date of termination. 10.3 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, agreements, and obligations of this agreement. Page 4 of 21 10.4 The CONSULTANT shall not assign, sublet or transfer any rights under or interest in (including, but without limitations, moneys that may become due or moneys that are due) this agreement or subsequent Work Assignment without the written consent of the CLIENT, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this agreement. 10.5 Nothing under this agreement shall be construed to give any rights or benefits in this agreement to anyone other than the CLIENT and CONSULTANT, and all duties and responsibilities undertaken pursuant to this agreement will be for the sole and exclusive benefit of the CLIENT and CONSULTANT and not for the benefit of any other party. 10.6 Nothing in this agreement should be 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. 10.7 No member, officer, or employee of the CLIENT during his tenure or for two years hereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. This aforegoing statement shall be inserted in any subcontract. 10.8 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 recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 10.9 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 canceled by a written instrument duly executed by the Monroe County Board of County Commissioners and the CONSULTANT, provided that the scope of services may be modified by a written agreement executed by the County Administrator or his designee and CONSULTANT, consistent with Section 10 of this agreement. 10.1 0 CONSULTANT warrants that it 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 has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide Page 5 of 21 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. 10.11 In the carrying out of this agreement, the CONSULTANT will not discriminate against any employee or applicant for employment because of sex, race, creed, color or national origin. In carrying out this agreement, the 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 of termination; rates of any or other forms of compensation; and selection for training, including apprenticeship. The 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. 10.13 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. SECTION 11. 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, costs, obligations, attorneys fees, or liability of any kind arising out of the sole negligent actions of the CONSULTANT or 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 amount and type of insurance coverage requirements set forth hereunder shall in no way be construed as limiting the scope of indemnity set forth in this paragraph. 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, it's 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 Page 6 of 21 CONSULTANT shall 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 shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall 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 caused by such errors shall be chargeable to the CONSULTANT. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the County or other public or semi-public agencies. The CONSULTANT agrees that no charges or claims for damages shall 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, shall be compensated for by the County by an extension of time for a reasonable period for the CONSULTANT to complete the work schedule. Such an agreement shall be made between the parties. SECTION 12. INSURANCE POLICIES The CONSULTANT shall procure and maintain the insurance required in Exhibit "C". Exhibit "C" is attached and made a part of this agreement. these pres~'?ts to ~ ~~:_: ~ ~~ spL; ri BOARD OFCOUNTY COMMISS).()NeRSc-~" OF MONROE COUNTY, FLO~r ~ :;-:: ;'~_/~- ,(~~ >n / ;;~~ : Y.~7' ~ c_ IN WITNESS WHEREOF, the parties hereto have caused e~E39lJt~9 on the 2DUt. day of n~ 2002. : -_~-i:::~,., '.' //{~ - ~..., .~.\\... .,..~~\'.~.:~~.~lNY L. KOLHAGE, CLERK ..\~ A! .......;;;jl~ B.::,::~~:.' -''M.-v Deputy Clerk By Mayor/Chairman 1/. z.',"2. (CORPORATE SEAL) ATTEST: Hellmuth. Obata + Kassabaum, Inc. ~ ,. ~y .. ....,. - Sean M. Wilson, ASLA Group Vice President Page 7 of 21 " r lT1 o ., o ;0 I ' 1 ("") C' :>.J c:::.; EXHIBIT "A" SCOPE OF SERVICES A. Proiect Scope Of Work & Understandinq The scope of this assignment is to develop the vision and enhancement plan for the Big Pine Key / US 1 Corridor Area that establishes a unique look and feel for this section of the corridor and its immediate environs; creates and reinforces its sense of place; resolves traffic, bicycle and other circulation issues; advances the pedestrian quality and provides a cohesive and high quality public realm. These will be achieved via a well-organized and focused Design Charrette. This two (2) day activity will involve client and community input and will provide a forum for key decisions on the direction of the enhancement plan. The Client understands that given the limited budget, the success of the Charrette, and the Study on the whole, requires that County Staff and/or resources be made available to the Study Team. The success of the Charrette will ensure that remaining stages of the study will be completed in a timely manner as outlined in the project schedule (Attachment A). The following items will be produced and/or documented as part of this effort: BASE INFORMATION: 1. Location Maps (responsibility of Client to provide HOK with the information / material needed to prepare these Maps): At the regional scale and at the city scale, showing the location of the project, the Study Area/Boundaries and the surrounding context. 2. Existing Conditions (responsibility of Client to provide HOK with the information / material needed to prepare these Maps): Documentation of existing conditions within the Study Area and adjacent areas. Documents required include, but are not limited to, the following: a. Base Map/Digital Survey; b. Aerial Photos; c. Study Area boundaries; d. Land Use/Zoning Map; e. US 1 Setback Plan; f. Urban Boundary; g. Property/Existing Conditions Map; h. Schedule/Map of Known/Proposed Development; Page 8 of 21 I. Map of Ecologically Sensitive or Protected Areas/Areas of Historic and Cultural Significance; j. Pedestrian or bicycle studies within the past 5 years; k. Latest hurricane evacuation study, transportation analysis; I. PM peak hour traffic counts for the following side streets: Ships Way, Wilder Road, Sands Road, etc.; m. Turning movement counts for the Overseas Highway intersections; particularly Ships Way, Wilder Road and Sands Road; n. Plans for roadway improvements in the area; particularly to the Overseas Highway; and o. All other relevant /previous studies/reports/documents/books. 3. Historical Precedents: Documentation of Local and Regional precedents of development (e.g. old photographs of typical and notable buildings and streets, plans and construction documents, etc.) that will serve as a historical basis for the enhancement plan. CONTENT: 4. Vision Plan: A single illustrative plan, rendered in color, comprising the study area and possibly relevant adjacent parcels (in order to express connectivity / continuity of context). The Vision Plan will be drawn by the Design Team, but will reflect the input of all charrette attendees and will express the consensus of ideas shared by all charrette participants. The final Vision Plan will be prepared in CAD and will identify all boundaries, significant landscape elements (Landscape Plan), rights-of-way, parking (lots and structures), schematic building locations and development envelopes and uses within the Study Area (designated through a clear symbol key and/or text descriptions). 5. Character Sketches: These comprise one aerial, and at least two ground level, perspectives of the Study Area. The latter will be done in thumbnail sketch form. These views will serve to represent the intentions of the Vision Plan in three dimensions and will be extremely useful to describe the project to those unfamiliar with two-dimensional drawings. 6. Vision Plan Diagrams: These comprise a series of black and white or color diagrams outlining design analysis, principles of good planning, traffic circulation, proposed growth, etc. These diagrams will also help illustrate the planning techniques incorporated into the study and the different aspects relevant to the major concepts of the Vision Plan. The diagrams will include: a. Opportunities and Constraints; b. Circulation and Parking Plan; c. Neighborhood Structure; d. Land Use; e. Proposed and Existing Building Structures; Page 9 of 21 f. Thoroughfare Network; g. Proposed and Existing Open Spaces; h. Proposed and Existing Developable Land; and i. Proposed and Existing Civic/Public Buildings and Spaces. 7. Implementation Plan: The Implementation Plan will serve as a strategy for subsequent physical changes to the Study Area. The Plan will outline Phasing, Feasibility and Potential Funding Sources. 8. Regulating Plan: The Regulating Plan will be a version of the Vision Plan, color- coded to the Building Disposition, Architectural and Landscape Guidelines. This Plan together with the Guidelines form the Design Code. This Code will direct the development of all properties within the Study Area, ensuring the highest quality of development, as well as the predictability of the built form while permitting a modicum of variety and creativity. 9. Building Disposition and Architectural Guidelines: HOK will provide a brief set of Building Disposition and Architectural Guidelines, outlining general building heights, build-to-lines and transect-based descriptions. 10. Landscape Guidelines: HOK will provide a brief set of Landscape Guidelines, outlining plant types, other preferred softscape and hardscape materials and disposition. Document Format The final document will be: 10 copies of an unbound 11 x 17 document, single-sided with color illustrations, communicating the intent and direction of the enhancement plan. A CD Rom containing a PDF file of the report, together with the individual drawings/images therein, will be provided with the hard copy of the document. B. Work Plan The schedule is based on an 8-week effort, after which time HOK will submit a Final Report to the Monroe County Growth Management Division. This Work Plan assumes that prior to commencing the Study, the Client will furnish all essential base information and materials as well as all documents necessary for HOK to prepare and complete the stages of work as described in this "Scope of Work." The Enhancement Plan is broken down into discrete tasks: Task 1.0 - Project Initiation and Kickoff Meeting Task 2.a - Data Collection / Pre-Charrette Preparation Task 2.b - Public Charrette Task 3.0 - First Report Draft and Post-Charrette Work Task 4.a - Revisions and Final Report Draft Delivery Task 4.b - Final Document Page 10 of 21 These are described in detail below: Task 1.0 - Proiect Initiation and Kickoff Meetinq (Weeks 1 and 2) The HOK team will conduct a kickoff meeting (or series of meetings) with key personnel from Monroe County to discuss and confirm the following: the study issues and objectives; preliminary extent of Big Pine Key/US 1 Corridor Area, as well as primary entry points/gateways; expectations and priorities of the stakeholders; and the Work Plan; schedule of deliverables; participant roles (including forming the steering/decision-making/approval groups and the technical resource group; decision, approval and payment process; and uses for the deliverables/products. It is anticipated that the County will provide HOK with copies of all existing development regulations as outlined herein and in the RFP specifications. These sessions will be interactive, seeking to elicit viewpoints of all participants to establish study priorities and parameters. HOK, with assistance from County Representatives, will prepare a recommended overall format and outline for the Project Deliverables. Task 2.a - Data Collection / Pre-Charrette Preparation (Weeks 2 and 3) The HOK team will review existing development ordinances, policies, reports, data and plans provided by the County at the Project Initiation in preparation for the actual Charrette. Base maps as required (e.g. site surveys, CAD files, aerial photography, etc.) will be provided by the County for the Study Area. It is anticipated that the County will provide HOK with copies of all pertinent existing development regulations. The overall planning and development context will be established on the basis of the following: consideration of the strategic context and role of the Big Pine Key/US 1 Corridor Area and entry corridors/gateways under relevant planning studies and ordinances, including planning standards, broad land use distribution, open space and recreation, transportation, infrastructure, committed development and the like. These factors will be assessed to identify potential impacts upon established planning frameworks; and an appreciation of resource availability and institutional mechanisms, transportation, social, physical and environmental infrastructure provision. HOK will also document existing conditions via surveys, photo-documentation and on- site analysis to understand the prevailing opportunities and constraints. Street character will be documented, including aspects of use, and time of day activity levels. Storefront access, on-street parking, and public transportation ands pedestrian access will be examined. Scale, visual character, buildings and structures, adjoining districts, Page 11 of 21 open space provIsion, natural features and circulation patterns will be evaluated. A walking tour with County Representatives and other stakeholders will also be undertaken. HOK will identify development opportunities and constraints affecting the Corridor Area and its gateways. These include, but are not limited to: previously/currently prescribed uses; FAR, density or massing regulations; other functional or visual restrictions; and previously proposed development framework/intent. The opportunities and constraints will be identified in sufficient detail towards the formulation of a planning and development framework for the Big Pine Key/US 1 Corridor Area and gateways. Task 2.b - Public Charrette (Week 3) The Charrette will consist of a two (2) day work session, preferably in a location within or in proximity of the project Study Area. For the Charrette workshop, HOK will provide a team of planners, community facilitators, traffic engineers and landscape architects to cover the range of issues related to the study goals as described herein. HOK anticipates that in addition to participation by key representatives from the Monroe County Growth Management Division, other key County officials, community activists and interested stakeholders would also be involved. The Charette will be publicly advertised and the public will be encouraged to participate. The Charrette will be organized and scheduled according to an approach agreed between HOK and Monroe County. It is important for participants to be given ample time to schedule attendance at specific meetings and reviews. It is imperative that key Monroe County Growth Management Division members be available throughout the two (2) day time period to participate in the dialogue and facilitate decision-making. The Charrette will begin with a kick off session with representatives from Monroe County, stakeholders and interested parties. During this meeting, the project goals and objectives will be confirmed and the most relevant issues and conditions for the project will be reviewed and updated. The remainder of the first day will be spent primarily on internal work sessions focused on developing a series of alternatives for review at the end of day afternoon with Monroe County Growth Management Division, stakeholders and interested parties. During this review, Monroe County will be presented with a series of alternatives for review and discussion. It is the intent of this meeting to identify a preferred direction for each design category, which will be refined by the next morning and further developed over the two weeks following the Charrette. The Charrette team will regroup the morning of the second day, review the results of the previous day and change, vary or modify the proposed ideas as required. HOK suggests that any opposing or unresolved issues be settled over a lunch meeting on the second day. Page 12 of 21 The early afternoon will be spent finalizing and revising drawings for presentation mid afternoon. This presentation will also establish the content of the Final Report to follow the Post-Charrette. The Charrette will conclude with a meeting with the Monroe County Growth Management Division staff to agree on the next steps in refining the proposals, as well as to understand the expectation for the first report draft. A specific schedule and attendee list will be developed and reviewed with the Monroe County Growth Management Division at least one week prior to the Charrette. Task 3.0 - First Report Draft and Post-Charrette Work (Weeks 4-6) Following the Design Charrette, the HOK team will refine and collate the materials and proposals into a first Draft. This document forms the basis of the Final Report. HOK anticipates that Monroe County will forward any and all comments on the first draft within 5 working days of receiving the document. Task 4.a - Revisions and Final Report Draft Delivery (Week 7) Upon completion of Post-Charrette work, the HOK team will deliver a Final Report Draft to the Monroe County Growth Management Division for a final review and comment. From our experience, we find that documents need to be reviewed at least twice in order to proof them thoroughly. Any changes or comments shall be submitted within 5 working days, to allow HOK enough time for revising the document as required. It should be noted that while formatting and presentation revisions are anticipated design changes on the fundamental content of the Enhancement Plan, however, will be considered as additional services. Task 4.b - Final Document (Week 8) Upon receiving revisions and comments from Monroe County Growth Management Division, HOK will complete the document and deliver an unbound 11x17 color document, as well as the required bound copies. In addition, a CD Rom containing the Final Report and guidelines in PDF format, as well as individual drawings and images, will be delivered to the Monroe County Growth Management Division. Page 13 of 21 r- co <0 I.() ~ C") N ~ ...... C\l l- e z w ..q ::E ...... :J: Q) 0 0> S ro c: Ui' a.. 0 "00 - III .!! 'E III ~ ~ E Q) c: 0 0 .2 ~ III 0 III III "E Cl .~ - 7ii 0 Q) III .~ E "13 E 7ii c: E ~ !E ::J '13 c: 0 0 U al 'b I:l) 0 !E ~ - 0 Ql >. 0 0 Q)a.~ .s .5 "E -c ~ ~ "~ ~ c: e c: ::J - c: ::J 0 0 Q) c: II) Q) ::J 0 Wi 0 ro ::J ~ o 0 0 !l :> c: a; 0 a; -cO II) :; 0 0 - :;::::; c::: c c: Q) 0 Q 'C .~ e! + >. == al e 'E II) c: ~ .I:J ii e! c: c: .Q III ~ c: c: 0 0 al C. ~ 0 :;::::; 0 .s c: Q) ::J ~ al Q) 0 ii: .!!! ~ lD 0 ~ Q) E '00 ..... a. c. ... .~ l!? (5 III >. ;; == ~ 0 E 'S: 'C .9 .9 c: 'C III Q) ~ 3: a; Q) c: u:: 0 ~ ;; == =s: ::J 0 c::: III c: c: ::J ~ c.(f) t:: 0 .2 - C ~ al III .9 UJ III II) .r:. == == 0 :;::::; ro J!! - ~ .$ ;:) Q) c: C. al ~ 'C - al 0 == e! ~ 0 c: Q) ..... "E c: 0 '': II) .r:. Q) ~ ~ 0 0 Wi 0 ~ c: II) 'C 0 ... 0 .2 ~ 0 "00 Q) Q) III ... :c ~ ~ ~ "> "S: 1ii III III e '': ii: III Q) al '0 al ~ Q) ~ .r:. ~ ::J .r:. .r:. II) Q) c: ~ !!:. 0 ~ 0 a. a. 0 ~ 0 u:: u:: a: c::: u:: a. a. 0 - >. c: II) ::J lll:: 0 II) 0 <<! 0 <<! .I:J <-'! 0 <<! .I:J <-'! 0 <<! .I:J <-'! ~ c: II) N N N N C"'i C") C") C") .. ~ ~ ~ ~ a:: 0 ~ Cl c: 0 in :E EXHIBIT "B" COMPENSATION SCHEDULE Task 1.0 Project Initiation and Kick Off Meeting Task 2.0 Charrette Task 3.0 First Report Draft and Post-Charrette Work Task 4.0 Revisions and Final Report Delivery Project Total Page 15 of 21 $ 2,799.00 $ 20,775.00 $ 7,051.00 $ 10,510.00 $ 41,135.00 EXHIBIT "C" 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 Page 16 of 21 . 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. 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 this 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. Page 17 of 21 INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND THE HOK PLANNING GROUP 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 . Bodily 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. Page 18 of 21 VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND THE HOK PLANNING GROUP 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: $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. Page 19 of 21 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND THE HOK PLANNING GROUP 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 statues. 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. Page 20 of 21 MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless for Other Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of The Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. res Page 21 of 21