07/15/2003 Agreementwo of The
Circus coult Danny L. Kolhage
Phone:292-3550 Fax:295-3663
J
To: Tim McGarry,
Growth Management Director
Attn: Colleen Gardner
From: Isabel C. DeSantis,
Deputy Clerk
Date: Tuesday, September 30, 2003
At the BOCC meeting of July 15, 2003, the Board approved the following:
Agreement for Professional Services between Monroe County and Bermello,
Ajamil & Partners, Inc. (B&A) Planning Group to prepare a Commercial Corridor
Enhancement Plan for Tavernier Creek Bridge to Mile Marker 93.5 as part of the
Tavernier Creek Bridge to Mile Marker 97 Planning Area Livable Communikeys Program.
Enclosed please find two (2) duplicate originals of the subject document for your
handling. Should you have any questions, please do not hesitate to contact this office.
Cc: County Attorney
Finance
File V
MEMORANDUM
TO: Jan Hotalen, Administrative Assistant
County Attorney's Office
FROM: Colleen Gardner, Executive Assistant U "
Growth Management Division
DATE: September 19, 2003
SUBJECT: GMD Action Item for July 15, 2003
(Key West)
************************************************************************************************
Enclosed is the following Growth Management Division action item from the July 15,
2003, Board of County Commissioners' meeting:
Agenda Item L6
Approval of a contract with Bermello, Ajamil 8v Partners, Inc. (B&A) Planning Group to
prepare a Commercial Corridor Enhancement Plan for Tavernier Creek Bridge to Mile
Marker 93.5 as part of the Tavernier Creek Bridge to Mile Marker 97 Planning Area
Livable Communikeys Program.
If you have any questions, please call me.
/cg
Enclosures: (1 item)
CC: Timothy J. McGarry, AICP, Director of Growth Management
Rob Will, Senior Planner
Belle DeSantis, Deputy Clerk
1
MONROE COUNTY
TAVERNIER CREEK BRIDGE TO MILE MARKER 93.5/US1 COMMERCIAL
CORRIDOR AREA ENHANCEMENT PLAN
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT made and entered into this i5*f day of t L_y 2003,
by and between the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS,
Monroe County, Florida, hereinafter referred to as the "CLIENT", and Bermello, Ajamil
& Partners, Inc. (B&A) with offices located at 2601 South Bayshore Drive, 10t" Floor,
Miami, Florida 33133 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 Tavernier Creek Bridge to Mile Marker 93.5/ 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 — which is included and made a
part of this agreement.
As defined by the County the north -south project limits are from Mile Marker 93.5 the
entrance to the Harry Harris Park to Mile Marker 91 the Tavernier Creek Bridge. The
east -west project limits are the right-of-way boundaries of US 1. The approximate
length of the corridor is 2.5 miles. The Commercial Corridor Enhancements Master Plan
will respond to the goals and objectives detailed in this proposal. The proposed study
approach is divided into steps that lead from an analysis of existing conditions and
development trends, the identification of opportunities and constraints, stakeholder
meetings, a community workshop to generate and evaluate future improvements
options and culminating in a proposed master plan that is based on community and
stakeholder consensus.
Page 1 of 17
Task 1 : Project Coordination and Kick Off Meeting
A project coordination meeting will be held with the County Planning staff to review the
scope, tasks and administrative parameters. This kick-off meeting will provide the
coordination necessary to obtain existing and proposed project site plans and surveys.
The team will coordinate with County to obtain all construction documents for existing
streetscape projects, land use and planning documents and zoning codes. These
documents will be reviewed by the team for relevancy to the goals of the Commercial
Corridor Enhancements Master Plan project.
Task 2: Site Assessment
The team will inventory all existing field landscape and hardscape conditions, land use
patterns, pedestrian and vehicular circulation patterns, parking areas and availability of
open space. The Corridor will be documented photographically for use in developing the
opportunities and constraints analysis plans in Task 3 and for reference in future
workshop and design tasks.
Task 3: Planning Assessment
In this phase functional areas, regulatory, susceptibility to change and streetscape
analysis documents and maps will be prepared for the Corridor. Based on this analysis
and opportunities and constraints for enhancements will be defined. The team will
analyze the corridor holistically to create a thoughtful, unified approach to the
enhancements plan. The analysis process is dynamic and the initial objectives
established will be continually assessed, modified or expanded based on our research
and findings. The site analysis task will include the following steps:
A. Functional Areas Analysis
• Land use — Present and future land use designations within and abutting the
Corridor.
• Property Ownership - Including publicly owned lands, major private property
owners and right -of —way boundary.
• Open space/ Recreation & Pedestrian Circulation System — Identify pedestrian
and vehicular linkages to existing open space, Overseas Heritage Trail and
recreation areas.
• Historic District and Structures — Identify relationship of the historic district and
structures to the Commercial Corridor enhancements.
• Existing Building Typologies - Identify existing building typologies within the
Corridor and the building response to site location, parking and US 1.
• Vehicular Circulation — Define vehicular circulation constraints including FDOT
roadway operational requirements, Overseas Heritage Trail and other
streetscapes improvements.
• Existing Parking and Parking Demand- Summary review of existing off-street
parking availability, parking requirements and policies.
Page 2 of 17
• Public Transportation — Identify public transportation routes and nodes with in
the Corridor and assess the condition of bus stops.
B. Regulatory Environment Analysis
• Zoning - Evaluation of: present zoning, including setbacks, site cover, open
space requirements, landscape requirements; land development regulations.
• Comprehensive Plan Review — Carry out a summary review to identify pertinent
policies, conditions and needs.
• Proposed Regulations — Review proposed growth control and land development
regulations to ascertain impacts study area.
C. Susceptibility to Change Analysis
• Identify and categorize the existing "soft" building parcels that are susceptible to
change and existing "hard" building parcels that are not susceptible to change
within the Corridor given certain market and regulatory assumptions.
• Identify proposed public and private projects that must be addressed as part of
the Corridor Enhancements Plan.
• Identify larger redevelopment patterns for the Corridor.
D. Streetscape Analysis
• Landscape- Define improvements that will provide buffering, visibility, shade and
comfort, reinforcement of street pedestrian and vehicular circulation patterns,
increasing tree/palm canopy and accessibility.
• Hardscape improvements will consider pedestrian and vehicular circulation,
linkages, interface of pedestrian and vehicular traffic, pedestrian comfort, defining
a hierarchy of circulation patterns with signage, lighting, paving and street
furniture.
Deliverables:
• Diagrammatic plans defining the functional areas analysis, susceptibility to
change analysis, and the streetscape opportunities and constraints analysis.
• Opportunities and Constraints Analysis photographic booklet with
recommendations and action items.
• Technical memorandum reviewing initial goals and objectives based on analysis
findings.
Task 4: Commercial Stakeholders Meetinq
• Stakeholders Meeting — County staff will assist in scheduling a one -day series
of meetings with Commercial property owners within the Corridor to obtain
their input in formulating an enhancements plan for the corridor.
Page 3 of 17
Deliverable- Technical memorandum documenting meetings and discussions
with Commercial stakeholders.
Task 5: Community Workshop
• Workshop Format for presentation of inventory and analysis assessments and
recommendations to the community.
• Stakeholder input and community discussion of team's analysis
recommendations.
• Deliverable -Technical memorandum documenting input from the community
during the workshop process
Task 6. Corridor Enhancements Master Plan
Based on the analysis findings and stakeholder input obtained in Workshop One the
team will finalize a hand drawn and rendered preliminary plan for the development and
enhancement of the corridor. Typical sections or elevations will be developed to
communicate existing conditions and proposed design intent. Site -specific detailed
plans will be developed for up to five critical areas to assess alternative design and
development scenarios. The plans prepared will address the following specific issues
and other critical issues based on community input:
• Building Frontage and Set Backs
• Streetscape Improvements:
A. Pedestrian Circulation Improvements
B. Lighting Improvements
C. Street Furniture Improvements
D. Landscape Improvements
• Parking Improvements including public surface parking areas, building/ parking
relationship, and buffers for parking areas.
• Retail Commercial /Residential Edges and improvements
• Community gateways design options and controls
• Role of public facilities and design options
• Open Space and recreation options
• Landmark and historic building preservation
• Regulatory implementation options
All comments from the County staff and community will be incorporated into the final
hand drawn Corridor Enhancements Master Plan and Executive Summary. The master
plan will address the entire corridor with critical dimensioning, typical streetscape
sections/elevations showing the relationship of hardscape and landscape elements, and
detail plans of critical areas. This plan will provide the County with streetscape
standards for future public and private sector projects. This task will also include the
development of ordinance language for planning recommendations that evolve as part
of this project. This task will include an order of magnitude cost estimate for all
Page 4 of 17
proposed design concepts. The final Commercial Corridor Enhancements Master Plan
will be presented to the BOCC.
Deliverables:
• Corridor Enhancements Master Plan and Typical Site Sections including
locations of pedestrian circulation, parking areas, hardscape structures, lighting,
locations for way finding and identity signs, community gathering points and
circulation nodes, site furniture and paving modules, public art opportunities and
landscape plant massing.
• Executive Summary including all technical memorandum and
plans/sections/elevations generated as part of this project. The landscape
palette, signage concepts, street furniture, hardscape elements including fencing
and bus shelters, and paving materials selected by the Community will be
documented for future public and private sector projects. Zoning
recommendations, and future zoning overlay district recommendations as
applicable, will be included based on the findings of this study. Additionally we
will include preliminary urban design guidelines to reflect the recommendations of
the master plan.
• Order of magnitude cost estimate for all improvements proposed in the Corridor
Enhancements Master Plan to establish the level of investment required by the
Community. This will provide the basis for County staff to develop phasing and
implementation strategies.
The schedule for this project is with the understanding that County staff will be available
for the one commercial meeting and one public workshop at the milestones indicated
above. The proposal is also structured with the understanding that a representative
designated by the County Planning Director will be the primary point of contact for all
coordination between the B&A team and the County to expedite obtaining information,
designating relevant County and Community contacts and coordinating Community
Workshops.
SECTION 3. 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.
Page 5 of 17
SECTION 4. COMPENSATION
4.1 The hourly billing rates of the CONSULTANT are:
Position
Rate
Project Manager
$134.13
Senior Landscape Designer
$75.00
Landscape Designer
$60.00
Sr. Urban Designer/Planner
$141.36
Urban Designer/Planner
$75.00
Clerical
$36.00
SECTION 5. PAYMENT TO CONSULTANT
5.1 The services outline in Tasks One through Task Six will be performed for a lump
sum fee of $35,000.00 (thirty five thousand Dollars). Direct project expenses
such as printing, copying, travel, telephone, and color reproduction will be
included in the above lump sum fee. We have provided as an attachment a
detailed breakdown of our proposed project professional fees and direct project
expenses. This fee proposal assumes that the County will provide all site,
boundary and topographical surveys and aerial maps in GIS format; as well as all
relevant planning and zoning documents, traffic studies, and other data not
detailed in this fee proposal that may be needed for the study and preparation of
the Enhancements Master Plan.
The B&A team is prepared to commence with this project upon notice to proceed from
the County. Based on a start date to be determined the project schedule of events will
be as follows:
• Project Start -Up
• Commercial US-1
Property Owners Meeting(s)
• Community Workshop
• Planning Commission Mtg
• Presentation/Meeting with
With Final Plan
BOCC
5.2 The maximum compensation available to the CONSULTANT under this
agreement is $35,000.00. 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 "A"- 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.
Page 6 of 17
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.
6.2 The CLIENT shall make payments in response to CONSULTANT's invoices
within forty-five (45) days of the invoice date.
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 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. 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: Elizabeth Newland, Project Manager
Bermello, Ajamil & Partners, Inc.
2601 S. Bayshore Drive, 10th Floor
Miami, Florida 33133
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 8. GENERAL CONDITIONS
8.1 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.
Page 7 of 17
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 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.
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, agreements,
and obligations of this agreement.
8.4 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.
8.5 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.
8.6 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.
8.7 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.
8.8 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.
Page 8 of 17
8.9 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.
8.10 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
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.
8.11 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.
8.12 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.
8.13 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 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, 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
Page 9 of 17 4
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
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.
Page 10 of 17
SECTION in INSURANCE POLICIES
The CONSULTANT shall procure and maintain the insurance required in Exhibit "B".
Exhibit "B" is attached and made a part of this agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day of 2003.
(SEAL) . e
ATTEST:
DANNY L. KOLHAGE, CLERK
By aJxj C. L
Deputy Clerk
(CORPORATE SEAL)
iizaoeth Newland
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
404e
>;�' 441AA,0
By _
Mayor/Chairman
Bermello, Ajamil & Partners, Inc.
By
Luis Ajamil
President
MONROE COUNTY ATTORNEY
TO FORM:
R WO�Fe
CHIEF t!3 T GTTORNEY
(3�J
Date
Page 11 of 17
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
• A Certified copy of the actual insurance policy.
Page 12 of 17
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 13 of 17
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Bermello, Ajamil & Partners, 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
• 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 14 of 17
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Bermello, Ajamil & Partners, 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:
$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 15 of 17
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Bermello, Ajamil & Partners, 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 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 16 of 17 4
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.
Page 17 of 17 3
i
JCOBD. CERTIFICATE OF LIABILITY INSURANCE 07/21/0
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
SGP Commercial Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Summit Global Partners of FL HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PO Box 811088
Boca Raton, FL 33481-1088 INSURERS AFFORDING COVERAGE
INSURED INSURER A: Hartford Fire Insurance Co.
Bermello, Ajamil & Partners INSURER B: Twin City Fire Ins. Co.
2601 South Bayshore Drive INSURER c: Greenwich Ins. Company
Suite 1000 INSURER D:
Miami, FL 33133
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE MM/ D
POLICY EXPIRATION
DATE (MM/DDIM
LIMITS
A
GENERAL LIABILITY
21UUNUU5128
09/19/02
09/19/03
EACH OCCURRENCE
$1000000
FIRE DAMAGE (Any one fire)
$300 000
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE FX1 OCCUR
MED EXP (Any one person)
$10 000
PERSONAL & ADV INJURY
$1,000,000
GENERAL AGGREGATE
s2,000,000
GEN'LAGGREGATELIMITAPPLIESPER:
PRODUCTS -COMP/OPAGG
s2,000,000
POLICY PRO-- LOC
A
AUTOMOBILE
X
LIABILITY
ANY AUTO
21 UUNUU5128
09/19/02
09/19/03
COMBINED SINGLE LIMIT
(Ea accident)
$1,000,000
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per accident))
$
X
X
HIRED AUTOS
NON -OWNED AUTOS
A P D
K M GEE
Y
T
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY {,�ATE
L
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
AUTO ONLY: qGG
$
ANY AUTO-�
(VER N/A
E
EXCESS LIABILITY
EACH OCCURRENCE
$
OCCUR CLAIMS MADE
AGGREGATE
$
$
DEDUCTIBLE
$
RETENTION $
B
WORKERS COMPENSATION AND
21 WBGE7597
09/19/02
09/19/03
WC STATIT X OTH-
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT
$1,000,000
E.L. DISEASE -EA EMPLOYEE
$1,000,000
E.L. DISEASE - POLICY LIMIT
1 $1,000,000
C
OTHER Architects
PECO012695
09/19/02
09/19/03
Per. Occ. $1,000,000
rofessional
Gen. Aggr. $2,000,000
!ability
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Professional Liability coverage is Claims -Made, Excess of $25,000 Deductible each claim.
Retroactive Date: 09/1911939.
RE: Certicate holder has been named as additional insured in respects to
General Liability for the following project: Tavernier Project.
Monroe County Board of County
Commissioners
1100 Simonton Street
Key West, FL 33040
CANCELLATION
SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30DAYSWRITTEN
NOTICETOTHE CERTIFICATE HOLDER NAMED TOTH E LEFT, BUTFAILURE TODOSOSHALL
IMPOSE NO OB LIGATION OR LIABILITY OF ANY KIND UPON THE INSU RER,ITS AGENTS OR
REPRESENTATIVES.
V-44 REP =11y r
ACORD 25-S (7/97)1 of 2 #S348898/M295973 RTL @ ACORD CORPORATION 1988
SEP-16-03 00:22AM FROM -summit global partners +561 362 0133 T-231 P.002/002 F-048
SLWAUT GLOBAL PARTNERS OF FLORIDA, INC.
3651 FAU Boulevard, Suite 300
Boca Raton, Florida 33431
MAILING ADDRESS: PO Box 811098
Boca Raton, FL 33481-1088
Telephone: 561.362.0111; Fax: 561.362.0133
FACSIMILE COVER SHEET
Handling Instructions: [ j High Priority [ ) Confidential [ ]Normal
DATE:
MEMO TO:
OF (Department, Company):
(City, State):
FAX PHONE:
FROM:
PAGES including Cover Sheet):
RE:
Hilda:
09/16/2003
Hilda Morello
Bermello, Ajamil & Partners
Miami, FL
9,1305 858 3555
Joanne Farah (Direct Dial Phone: 561 237-3274)
Monroe County Board of County Commissions
I apologize drat this has taken so long; we are unable to add Monroe County Board of County
Commission to the auto and professional liability as an additional insured due to the following:
Auto Insurance: Auto insurance is provided to protect individuals and corporations with an
insurable interest in a vehicle. The County does not have an insurable interest in the vehicles
owned/leased/operated by Bermello Ajamil & Partners
Policy language of the business auto policy does provide vicarious liability for anyone liable for the
conduct of an insured, but only to the extent of that liability while you and/or your employees are
working on the specific project under the direction of Monroe County.
Professional Liability: As Monroe County is not providing any professional services again there is
no insurable interest of the County tinder your professional liability insurance policy. Your
Professional Liability policy protects Bermello Ajamil & Partners for professional services that you
provide on behalf of your clients. Once again the county's interest is protect through vicarious
liability through policy language.
Should you have any questions, please do not hesitate to contact me.
egards,
q
oanne Farah, AAI
Senior Account Manager
CONFIDENTIALITY NOTICE: The information contained in this facsimile message is legally privileged and confidential
and is intended only for the use of the named individual or entity shown above. if the reader of this message is not the
intended recipient, you are hereby notified that any dissemination, distribution or copy of this facsimile is strictly prohibited
If you have received this facsimile in error, please immediately notify us by telephone and return the original message to us at
the above address via the U. S. Postal Service. gliank you.
(00 J
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD25-S(7/97)2 of 2 #S348898/M295973