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Item C12 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 16th 2009 Division: County Administration Bulk Item: Yes --X- No Department: Project Management Staff Contact Person/Phone #: Jerry Barnett/292 4416 AGENDA ITEM WORDING: Approval to award and execute NE Continuing contract with CH2MHill Inc., for Architectural/Engineering and General Engineering Services for projects in which construction costs do not exceed $2,000,000.00 commencing on the effective date of this contract and ending four years thereafter with options for Owner to renew on an annual basis for two additional years. ITEM BACKGROUND: On October 21, 2009, BOCC approved negotiations with the top four ranked firms. Firms listed as the top four were the following: (1) CH2MHill Inc., (2) MBVK2M Architecture, Inc and (2) William P. Horn Architects, P.A., (4) Currie Sowards Aguila Architects. PREVIOUS RELEVANT BOCC ACTION: On Sept 25,2009, a Selection Committee held a Public Meeting to score and rank qualifications of 26 Architect/Engineers responding to the County's RFQ. Ranking order of the top four selected firms are as follows: (I) CH2MHill Inc., (2) MBVK2M Architecture, Inc and (2) William P. Horn Architects, P.A., (4) Currie Sowards Aguila Architects. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes N/ A No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes_~o X AMOUNTPERMONTH_ Year APPROVED BY: County Atty ~ ~hasing _ Risk Management \it y DOCUMENT A TION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: CH2MHill, Inc. Contract # - Effective Date: 12/16/09 Expiration Date: 12/16/13 Contract Purpose/Description: For Architectural/Engineering and General Services for projects in which construction costs do not exceed $2,000,000.00 with an option to renew on an annual basis for two additional years. Contract Manager: Ann Riger X4439 Project Development/Stop 1 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 12/16/09 Agenda Deadline: 12/1/09 CONTRACT COSTS Total Dollar Value of Contract: $ N/A. Budgeted? YesD No IS! Account Codes: Grant: $ N/ A County Match: $ N/ A Current Year Portion: $ N/ A N/A-_-_-_-_ - - ----- - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc,) CONTRACT REVIEW Changes Date Out ~a~Al9, Needed Division Director ~/r YesD No O,M,BJPurc~ing 1I-1\-0l YesD No ~ _ County Attorney II'lb-oi Y esD No~ ~ _ _~~ Comments: OMB Form Revised 2/27/01 MCP #2 CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT/ENGINEER THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT/ENGINEER (the "Contract" or "Agreement") is made and entered into by Monroe County ("Owner" or "County"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, its successors and assigns through the Monroe County Board Of County Commissioners ("BOCC"), and CM2MHILL, Inc._, the ("Architect/Engineer")., whose address is 6410 5th Street, STE 2-A, Key West FL 33040, its successors and assigns. This contract shall be effective on the date of execution by the last party signatory to the contract. This contract is issued as a continuing contract pursuant to Florida Statute 287.055(2) (g). The professional services required by this Contract are to be rendered for projects in which the estimated construction costs of each individual project under the contract does not exceed Two Million Dollars ($2,000,000.00), or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand Dollars ($200,000.00). The parties shall enter into a separate contract for each project awarded to the Architect/Engineer by the Owner. The specific services to be performed under these separate contracts will be determined by the Owner and agreed to by the Architect/Engineer. Each separate contract will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions applicable to that specific contract. Architect/Engineer will be chosen pursuant to Owner policy and work will be distributed among all contractors who have signed a continuing contract. The professional services required by this contract will be for services in the form of a continuing contract, commencing on the effective date of this contract and ending four years thereafter, with options for Owner to renew on an annual basis for two additional years. The terms and conditions of this Contract shall apply to any separate contract, unless expressly modified in the provisions of the separate contract. Where the terms of this Contract differ from the terms of the separate contract, the terms of the separate contract shall take precedence. The separate contract will contain its specific scope of work and it is anticipated by this Contract that the scope of work in the separate contract will be in addition to the scope of work outlined in this Contract NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which hereby acknowledged, the Owner and the Architect/Engineer agree: FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Contract, Architect/Engineer makes the following express representations and warranties to the Owner: 1.1.1 The Architect/Engineer is a professional qualified to act as the Architect/Engineer for the Project and is licensed to practice Architecture/Engineering by all public entities having jurisdiction over the Architect/Engineer and the Project; 1.1.2 The Architect/Engineer shall maintain all necessary licenses, permits or other authorizations necessary to act as Architect/Engineer for the Project until the Architect/Engineer's duties hereunder have been fully satisfied; 1.1.3 The Architect/Engineer shall become familiar with the individual Project site and the local conditions under which the Project is to be designed, constructed, and operated prior to entering a separate contract for any specific Project. 1.1.4 The Architect/Engineer shall prepare all documents required by this Contract including, but not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. The Architect/Engineer warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional construction cost due to missing or incorrect design elements in the contract documents; 1.1.5 The Architect/Engineer assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ as Architect/Engineer of Record. 1.1.6 The Architect/Engineer's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The Architect/Engineer shall submit, for the Owner's information, a schedule for the performance of the Architect/Engineer's services which may be adjusted as the Project proceeds if approved by the Owner, and shall include allowances for periods of time required for the Owner's review, and for approval of submission by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner may not be exceeded by the Architect/Engineer except for delay caused by events not within the control of the Architect/Engineer or foreseeable by him. 1.1.7 In providing all services pursuant to this agreement, the Architect/Engineer shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating such services, including those now in effect and hereinafter adopted. Any violation of said 2 statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the COUNTY to terminate this agreement immediately upon delivery of written notice of termination to the Architect/Engineer. ARTICLE II SCOPE OF ARCHITECT/ENGINEER'S BASIC SERVICE 2.1 DEFINITION 2.1.1 Architect/Engineer's Basic Services consist of those described in Paragraphs 2.2 through 2.8, and other services identified as part of Basic Services, and include normal, civil, structural, mechanical, electrical, studies, assessments, evaluations, and General Engineering Services including but not limited to transportation, environmental, storm water, waste water, solid waste engineering and other services usually provided by Architect or Engineer firms. 2.1.2 The Design for Construction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Design for Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the Owner. The Architect/Engineer shall be responsible for designing the Project in accordance with the analyses and recommendations of the geotechnical information furnished by Owner 2.1.3 These services shall include, but not be limited to: Preparation and completion of the design program, space requirements and relationships, schematic design, design development, preparation of contract documents for bids, preparation and advertisement for Request for Bids, tabulation and review of bids, recommendation of contract awards, cost estimating during design and document preparation, administration of contract documents, consultation and on-site inspections during construction, review and recommend approval of contractor invoices, preparation and submittal of permit applications, zoning applications, public presentations and presentations to the County Commission. Also included are studies, evaluations, assessments and General Engineering Services which include but are not be limited to transportation, environmental, storm water, wastewater, solid waste engineering. Architect/Engineer shall arrange his schedule in order to be available to perform the listed services for one or for several projects if requested by COUNTY and with the understanding that for any individual project the construction costs will not exceed the limits under F.S. 287.055 (2)(g). 2.2 SCHEMATIC DESIGN PHASE 3 2.2.1 The Architect/Engineer shall review the County's program, schedule and construction budget furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect/Engineer shall review with the Owner's proposed site use and improvements, required permits, zoning, selection of materials, building systems and equipment; and method of Project delivery. 2.2.3 The Architect/Engineer shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect/Engineer shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 Upon completion of the Schematic Design Phase, the Architect/Engineer shall provide drawings, outline specifications, estimate of anticipated cost in accordance with the schematic designs, and other documents for the Owner's approval and information. 2.2.6 The Schematic Design must be approved in writing, by the Owner prior to Architect/Engineer continuing to the Design Development Phase. 2.3 DESIGN DEVELOPMENTIDOCUMENT PHASE 2.3.1 Upon completion of the Design Development Phase, the Architect/Engineer shall provide drawings, outline specifications and other documents for the Owner's approval and information. The Architect/Engineer shall provide an estimate of anticipated costs in accordance with the design development phase. 2.3.2 The Design Development Documents must be approved in writing, by the Owner prior to Architect/Engineer continuing to the Construction Documents Phase. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 The Architect/Engineer shall provide Drawings and Specifications for the Owner's review. 2.4.2 The Architect/Engineer shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of Contracts, and the forms of Agreement between the Owner and the Contractors. 4 2.4.3 The Architect/Engineer's construction documents (plans, specifications, etc.) will conform to all written codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to receive all permits when applied for. If permits are denied, then the Architect/Engineer will conform the construction documents in such manner to receive permits upon such plans. Work required from the Architect/Engineer to conform the documents to federal, state, city, county, or agency specifications and permit requirements to allow them to be approved shall be completed at no charge or cost to the Owner. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect/Engineer, following the Owner's approval of the Construction Documents and the Architect/Engineer's latest estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in preparing contracts for construction. 2.5.2 The Architect/Engineer shall assist the Owner in issuing bidding documents to bidders and conducting pre-bid conferences with prospective bidders. The Architect/Engineer, with the assistance of the Owner, shall respond to questions from bidders, and shall issue addenda. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1. The Architect/Engineer's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for construction and terminates with the issuance to the Owner of the final Project Certificate for Payment including the submission of all project close-out documents by the Architect/Engineer and Contractor. The Architect/Engineer will administer the Owner's contract as provided for in that document. The Architect/Engineer agrees to perform a project check prior to the end of the warranty period as a part of the contract. The check shall not exceed one working day unless additional time is approved by the Owner. 2.6.2 The Architect/Engineer shall at all times have access to the Work whenever it is in preparation or progress. 2.6.3 The Architect/Engineer shall, as contemplated herein and in the Construction Contract, but not otherwise, act on behalf, and be the agent, of the Owner throughout construction of the Project. Instructions, directions, and other appropriate communications from the Owner to the Contractor shall be given to the Contractor by the Architect or Monroe County's designated project representative. 2.6.4 The Architect/Engineer shall have authority, after notification to the Owner to reject Work, which does not conform to the Contract Documents. 5 2.6.5 The Architect/Engineer shall review and sign or take other appropriate action on Change Orders and Construction Change Directives prepared by the Owner's representative for the Owner's approval and execution in accordance with the Contract Documents. 2.6.6 The Architect/Engineer shall promptly provide appropriate interpretations as necessary for the proper execution of the work as long as there is no change in Contract pnce. 2.6.7 The Architect/Engineer shall require inspection or re-inspection and testing or retesting ofthe work, to include architectural/engineering, structural, mechanical and electrical engineering portions of the work, in accordance with the provisions ofthe Construction Contract whenever appropriate. 2.6.8 The Architect, assisted by the Owner's representative, shall conduct inspections to determine the dates of Substantial Completion and the date of Final Completion. 2.6.9 The Architect/Engineer shall interpret and decide matters concerning performance of the Contractor under the requirements of the Contract Documents upon written request. 2.6.10 Interpretations and decisions of the Architect/Engineer shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings and submitted on proper Construction Change Directives. 2.6.11 The Architect/Engineer shall render written decisions within a reasonable time on all claims, disputes or other matters in question between Owner and Contractors relating to the execution or progress of the Work as provided in the Contract Documents. 2.6.12 Duties, responsibilities and limitations of authority of the Architect/Engineer shall not be restricted, modified or extended without written agreement of the Owner and Architect/Engineer. 2.6.13 The Architect/Engineer shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due and (2) as a Basic Service at the Owner's direction from time to time during the correction period described in the Contract for Construction. 2.6.14 The Architect/Engineer shall transmit to the Owner all manuals, operating instructions, as-built plans, warranties, guarantees and other documents and things required by the Construction Contract and submitted by the Contractor. 2.6.15 The Architect/Engineer shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect/Engineer 6 shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. The Architect/Engineer shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work, 2.6.16 The Architect/Engineer shall make available to the Owner any personnel or consultants employed or retained by the Architect/Engineer for the purpose of reviewing, studying, analyzing or investigating any claims, contentions, allegations, or legal actions relating to, or arising out of, the design or construction of the project. 2.6.17 The Architect/Engineer shall review any as-built drawings furnished by the Contractor and shall certifY to the Owner that same are adequate and complete. 2.6.18 The Architect/Engineer shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Architect/Engineer or its consultants, or both. 2.6.19 The Architect/Engineer must reimburse the Owner for any added costs paid by the Owner during construction that were incurred as the result of any omission, deficiency, or conflict in the work product of the Architect/Engineer, its consultants, or both. This added expense is defined as the difference in cost from that which the Owner would have paid if the work was included in the bid, and the actual cost presented by the Contractor. ARTICLE III ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article III are not included in Basic Services. They shall be paid for by the Owner as provided in this agreement as an addition to the compensation paid for the Basic Services but only if approved by the Owner before commencement, and as follows: A. Providing services of Architect/Engineer for other than the previously listed consulting scope of Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted consulting practice. C. Providing representation before public bodies in connection with the Project, upon approval by the Owner. 3.2 If Additional Services are required, such as those listed above, the Owner shall issue a letter requesting and describing the requested services to the Architect/Engineer. The Architect/Engineer shall respond with fee proposal to perform 7 the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the Owner proceed with the Additional Services. ARTICLE IV OWNER'S RESPONSIBILITIES 4.1 The Owner shall designate Monroe County Project Management Department or Engineering Services Department to act on the Owner's behalf with respects to the Project. The Owner or his designee shall render decisions in a timely manner pertaining to documents submitted by the Architect/Engineer in order to avoid unreasonable delay in the orderly and sequential progress of the Architect/Engineer's services. However, the parties acknowledge that due to Monroe County Policy, Ordinances or State or Federal Statute there may be times when a decision must be made by the BOCC, in which case any delay shall not be attributed to Monroe County or its representative. 4.2 Prompt written notice shall be given by the Owner to the Architect/Engineer if they become aware of any fault or defect in the Project or non-conformance with the Contract Documents. 4.3 The Owner shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer's services and work of the contractors. 4.4 The Owner's review of any documents prepared by the Architect/Engineer or its consultants shall be solely for the purpose of determining whether such documents are generally consistent with the Owner's criteria, as and if, modified. No review of such documents shall relieve the Architect/Engineer of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. ARTICLE V CONSTRUCTION COST 5.1 The Construction Cost, if applicable, shall be defined in a contract for the specific Project. ARTICLE VI INDEMNIFICATION AND HOLD HARMLESS 6.1 The Architect/Engineer covenants and agrees to indemnify and hold harmless Owner/Monroe County and 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, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Architect/Engineer or its 8 Subcontractor(s), occasioned by the negligence, errors, or other wrongful act or omission of the Architect, their employees, or agents. 6.2 The first ten dollars ($10.00) of remuneration paid to the Architect is for the indemnification provided for above. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Architect/Engineer, the Architect/Engineer agrees and warrants that he shall hold the County harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the County's behalf. 6.3 In the event the completion ofthe project (to include the work of others) is delayed or suspended as a result of the Architect/Engineer's failure to purchase or maintain the required insurance, the Architect/Engineer shall indemnify County from any and all increased expenses resulting from such delays. Should any claims be asserted against County by virtue of any deficiencies or ambiguity in the plans and specifications provide by the Architect/Engineer the Architect/Engineer agrees and warrants that Architect/Engineer hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the County's behalf. 6.4 The extent ofliability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 6.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VII 7.1 PERSONNEL The Architect/Engineer shall assign only qualified personnel to perform any service concerning the project. ARTICLE VIII 8.1 PAYMENT Terms of payment will be governed by state guidelines and/or hourly rates to be approved by the County. Hourly rates are provided in Exhibit A and are subject to annual affirmation. Details of payment will be set out in the specific separate contract. 8.2 REIMBURSABLE EXPENSES Shall be negotiated and agreed to prior to award of the separate contract, but only to the extent and the amounts authorized by Section 112.061, Florida Statutes; however prior to incurring any expense written approval for any reimbursable expense must be obtained from the County. 8.3 BUDGET 9 8.3.1 The Architect/Engineer may not be entitled to receive, and the County is not obligated to pay, any fees or expenses in excess of the amount budgeted for this Agreement in each fiscal year (October 1- September 30) by County's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the County's Board of County Commissioners, 8.3.2 AVAILABILITY OF FUNDS. If funding cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified in this Contract or in the separate contracts for individual projects, the agreement may be terminated immediately at the option of the County by written notice of termination delivered to the Architect. The County shall not be obligated to pay for any services provided by the Architect after the Architect has received written notice of termination, unless otherwise required by law. 8.3.3 The County does not guarantee Architect/Engineer any specific amount of work or contracts under this agreement. The parties shall enter into a separate contract for each project awarded to the Architect/Engineer by the County. The specific services to be performed under these separate contracts will be determined by the County and agreed to by the Architect/Engineer. Each separate contract will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions applicable to that specific contract. Architect/Engineer will be chosen pursuant to County policy and work will be distributed among all contractors who have signed a continuing contract. 8.3.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE IX 9.1 APPLICABLE LAW This contract is governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and performed entirely in the State. Venue for any mediation, dispute conferences or litigation arising under this contract must be in Monroe County, Florida. The Parties waive their rights to a trial by jury. ARTICLE X 10.1 OWNERSHIP OF THE PRELIMINARY DESIGN AND THE DESIGN FOR CONSTRUCTION 10.1 The Drawings, Specifications and other documents prepared by the Architect/Engineer for this project are instruments of the Architect/Engineer's service for use solely with respect to this project, and the Architect/Engineer shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including reproducible copies, of the Architect/Engineer's Drawings, IO Specifications and other documents shall not be used by the Owner or others on other projects except by agreement in writing and with appropriate compensation to the Architect/Engineer. 10.1.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the project is not to be construed as publication in derogation of the Architect/Engineer's reserved rights. 10.1.3 The As-Built drawings and specifications may be furnished by the Architect/Engineer to the Owner in electronic format in addition to the original As-Built documents. 10.1.4 The Owner may utilize the construction documents, As-Built documents, etc. as required for reference on any necessary future work on the site, and for constructing, using and maintaining the Project. ARTICLE XI 11.1 SUCCESSORS AND ASSIGNS The Architect shall not assign its right hereunder, excepting its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the Owner. The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. ARTICLE XII NO THIRD PARTY BENEFICIARIES AND INDEPENDENT CONTRACTOR RELATIONSHIP 12.1 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, between the parties which creates or gives rise to any rights in favor of, any third party. 12.2 INDEPENDENT CONTRACTOR RELATIONSHIP The Architect/Engineer is and shall be an independent contractor in the performance of all work, services, and activities under this Agreement and is not an employee, agent or servant of the County. The Architect/Engineer shall exercise control over the means and manner in which it and its employees perform the work and in all respects the Architect/Engineer's relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees or agents of the County. The Architect/Engineer does not have the power or authority to bind the County in any II promise, agreement or representation other than such power and authority that is specifically provided for in this Agreement. ARTICLE XIII 13.1 INSURANCE 13.1.1 The Architect/Engineer shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. Professional Liability Insurance shall also be maintained as specified. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Architect/Engineer's failure to purchase or maintain the required insurance, the Architect/Engineer shall indemnify the County from any and all increased expenses resulting from such delay. 13.1.2 The coverage provided herein shall be provided by an insurer with an A.M. Best Rating of VI or better, that is licensed to do business in the State of Florida and that has an agent for service of process within the State of Florida. The insurance certificate shall contain an endorsement providing thirty (30) days notice to the County prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the County and shall be in a form acceptable to the County. 13.1.3 Architect/Engineer shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida. B. Employers Liability Insurance with limits of $1 00,000 per Accident, $500,000 Disease, policy limits, $100,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with One Hundred Thousand Dollars ($100,000.00) combined single limit and One Hundred Thousand Dollars ($100,000.00) annual aggregate. D. Commercial general liability covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the Architect or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Independent Contractors; Broad Form Property Damage and a Contractual Liability Endorsement with Five Hundred Thousand Dollars ($500,000.00) per occurrence and annual aggregate. E. Professional liability insurance of Five Hundred Thousand Dollars ($500,000,00) per claim and One Million Dollars ($1,000,000.00) annual aggregate. If the policy is a "claims made" policy, Architect shall maintain 12 coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. County shall be named as an additional insured with respect to Architect/Engineer's liabilities hereunder in insurance coverage identified in Paragraphs C and D. G. Architect/Engineer shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of Architect/Engineer if so required by County during the term of this Agreement. County will not pay for increased limits of insurance for subconsul tants. H. Architect/Engineer shall provide to the County certificates of insurance including those naming the County as an additional insured by including any subsection thereunder. ARTICLE XIV TERMINATION 14.1 Either party hereto may terminate this contract prior to expiration upon giving seven (7) days written notice to the other in the event that such other party negligently or for any reason substantially fails to perform its material obligations set forth herein. No termination expenses shall be paid by the Owner after the date of notice of termination. 14.2 The Owner may terminate this Contract without cause by giving the other party sixty (60) days written notice of its intention to do so. Termination expenses shall include expenses available under the contract through the date on the notice of termination and shall not include any additional services required in order to stop performance of services, unless agreed to in writing by the County and subject to audit for the purpose of veri fication. ARTICLE XV ENTIRE AGREEMENT 15.1 This contract constitutes the form of agreement, the exhibits that are attached and made a part of the contract, and the documents referred to in the form of agreement as a part of this contract. In the event any conflict between any of those contract documents, the one imposing the greater burden on the Architect will control. 15.2 A person or affiliate who has been place on the convicted vendor list following a conviction for public entity crime may not submit a bid on contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount 13 provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. ARTICLE XVI DISPUTE RESOLUTION 16.1 County and Architect/Engineer agree that all disputes and disagreements shall first be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be submitted to mediation before a mediator mutually agreed to by the parties. The cost of mediation shall be shared equally. The parties agree that mediation is a condition precedent to the institution of legal or equitable proceedings by either party. Request for mediation shall be in writing and sent to the other party. The parties shall agree on a mediator to hear the dispute. 16.2 Mediation shall be held in Monroe County Florida in a location in Key West; the location may be moved only by mutual agreement of the parties. 16.3 Agreements reached in mediation shall be reduced to writing and signed by the representative of each party; however agreements must be approved by the Board of County Commissioners to be enforceable. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction in Monroe County. 16.4 Nothing in this Agreement shall be construed to interfere with a subsequent order from any court of competent jurisdiction ordering the parties to enter into mediation after institution oflegal or equitable proceedings. 16.5 Arbitration is specifically rejected by the parties as a method of settling disputes which arise under this agreement; neither of the parties shall be compelled by the other to arbitrate a dispute which may arise under this Agreement. ARTICLE XVII Additional Reauirements 17.1 The following items are part of this contract: a) Architect/Engineer shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Architect/Engineer pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Architect/Engineer shall repay the monies together with interest calculated pursuant to F.S, Sec. 55.03, running from the date the monies were paid to County. 14 b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Architect/Engineer agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to a trial by jury. The County and Architect/Engineer agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding, pursuant to Section XVI of this agreement. c) Severability. If any term, covenant, condition or provIsIOn of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Architect/Engineer agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Architect/Engineer agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs expenses, as an award against the non-prevailing party, and shall include attorney's fees and courts costs expenses in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Architect/Engineer and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advise of counsel. g) Claims for Federal or State Aid. Architect/Engineer and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 15 h) Adjudication of Disputes or Disagreements. County and Architect/Engineer agree that all disputes and disagreements shall be attempted to be resolved under Section XVI of this agreement. If no resolution can be agreed upon within 30 days after mediation, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Architect/Engineer agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Architect/Engineer specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. Architect/Engineer and County agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Architect/Engineer or County agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: I) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91- 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. k) Covenant of No Interest. Architect/Engineer and County covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 16 I) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. m) No Solicitation/Payment. The Architect/Engineer and County warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona tide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Architect/Engineer agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Public Access. The Architect/Engineer and County shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Architect and County in conjunction with this Agreement; and the Architect/Engineer shall have the right to unilaterally cancel this Agreement upon violation of this provision by County. 0) Non- Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28, Florida Statutes, the participation of the Architect/Engineer and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. p) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law, except to the extent of actual and timely performance thereof by any 17 participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the Architect/Engineer and the County agree that neither the Architect/Engineer nor the County or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. s) Attestations. Architect/Engineer agrees to execute such documents as the County may reasonably require including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. t) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. u) Americans with Disabilities Act of 1990 (ADA). The Architect will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the Architect/Engineer pursuant thereto. v) Disadvantaged Business Enterprise (DBE) Policy And Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Architect/Engineer agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and the Architect/Engineer and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. w) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken 18 together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. x) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: Mayor/Chairman Date: MONROE COUNTY ATTORNEY , PROVED AS TO MRM: I {~.sr~ NATILEENE W. r::;ASSEL ASSISTANT COUNTY ATTORNEY Date 1/ - '0 "01 C \-T'2..tA. ~ ( Ll- :t:tJ c. (INSERT NAME of Architect/Engineer) By: C~ -, Signature Corporate Agent C --Gc. ~ "" 6" j\.,\ 0 u ~ f3r rc..:::.. ~~-c..- Print Name of torporate Agent Date: N f1V. ~o I :;2..004- WITNESS TO Architect/Engineer Signature: By: d'rt'~ tVITN 1 ature (!J-N:2X A"~r'r> Print Witness Name Date: /)- zo - zPO~ END OF AGREEMENT 19 SECTION FIVE INSURANCE REQUIREMENTS AND INDEMNIFICATION STATEMENT Insurance ReQuirement ReQuired Limits Worker's Compensation Statutory Limits Employer's Liability $100,000/$500,000/$100,000 General Liability $100,000 Combined Single Limit Vehicle Liability $100,000 Combined Single Limit per Occurrence/$I,OOO,OOO Aggregate Architects Errors and Omissions Liability $500,000 per occurrence/ $1,000,000 Aggregate IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSUL T ANTS The Architect/Engineer/Consultants covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants 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 of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Architect/Engineer or Consultant or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Architect/Engineer/Consultant, including its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Architect/Engineer/Consultant's failure to purchase or maintain the required insurance, the Architect/Engineer/Consultant shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the Architect/Engineer/Consultant, the Architect/Engineer/Consultant agrees and warrants that Architect/Engineer/Consultant shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Architect/Engineer/Consultant is consideration for the indemnification provided for above. 20 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. C~'2Ml+,~ T-A}C-, ~(/k-- Respondent Cc::::c...~'1 <:::-t. Mol..' l+-c,.... Signature A-....<~ M G\ lI\~CY- 21 INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the Architect named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES General Liability $500,000 Self-Insured Retention Auto Liability $100.000 Workers Compensation & Employers Liability $500,000 Liability policies are X Occurrence X Claims Made Marsh USA Inc. Insurance Broker ftittdll~ Signatu e It I ?t7j;1 I I Print Name: Stephen Wilson * As the insurance broker, Marsh will not certify the Indemnification and Hold Harmless language for CH2M HILL. 22 SECTION SIX COUNTY RESPONSE FORMS RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No.(s) .Jf \ - oJ v I '1 ;t I (,( 00'1 III '2 - A\..\"Ivs+ ;;, ~ 00'1 I have included: a The Response Form ~ a Lobbying and Conflict of Interest Clause .......... a Non-Collusion Affidavit ~ a Drug Free Workplace Form .,,/ a Respondent's Insurance and Indemnification Statement V- a Insurance Agent's Statement ~ a Professional and Occupational Licenses .,/' I have included a current copy of the following professional and occupationallicensPl: Mo~l"'o, Covl"l\o-~ OC(..v 1~~tlJl"I.A.( Ltc:..c..."'i'-i <:::~:::t.MI-k.(....L. s+c:..k 1:1-+ c:::L.Q....~d.."- A-......c...kl kc. fvf"lC.../ E ~v')ti\.c..c....~ ""Ie Qi\ '$ ;..rvc:..+t... f\ I ~ ("1.:>9 '11 Lut'\.d 'fOe. 4f<- A-n:..h",lr~ / a II\. <L ~ \.IfV' C-l.f I'~ t:\..&-<.", "S-e.<: . (Check mark items above. as a reminder that they are included.) Mailing Address: (A to t;-t~ ~i-. ~.\ ~ ;L.A.... KLL1 Wt.<>>T F-L. , Telephone: 3>o'i".~q4'1 h'l$' Date: NO\{.a 0: ~ 009 Signed: ~ Fax:?, 0, -:l 'rtf- cr'/J Witness:~~ (Seal) C c:..... r<. \ot ~ IV\.. 4lO v \ -Lv..,. (Nam~) A- v<-<.... ~~ "'- ~"\ ~ "... (Title) 23 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE C ~ -:L. fv\.. t\- \ LL :r. ~ c... (Company) " " " warrants that he/it has not employed, retained or othetwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or othetwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee" . (Signa~ <S. (IA 0... l{.,.... A-~c-.. ~ "-~, E:.J>-. Date: NO) \oJ. '2.u ~ .a..oD<1 STATE OF: ~ L Co y-\. cLc:..... COUNTY OF: ?a.\ ~ ~.c~c:.. h.. Subscribed and sworn to (or affirmed) before me on (name of affiant). @She is i"~:V PV4'f. Notary Public State of Florida Clark Knapp ~ c: i My Commission 00751767 ~OF f\.Q Expires 01/24/2012 ~ - N6TA~ My commission expires: e>J- ZLJ- ZlH Z-. 24 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: C- \-\-2. tv\. ~ LI........ ~ 1Vc::... (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1 ). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. RespC~ ?t\- 2M l-h l..L .LN c: ' Ca..rc..'1~' JA.ov l~ '" A-V--l.el. ~~~"l1<P- Nov. ~ OJ (loOCj Date 25 NON-COLLUSION AFFIDAVIT I, Ca..v-et,{.c.... t-Aov 1+0...... of the city of P~Ir--\... ~"-c:hGo.vd'U1S according to law on my oath, and under penalty of perjury, depose and say that: 1. I am A-r<...c.... ~nc...tfer of the film of c::::..H2.. CV\. ~ \ L lor:. t'\~ the bidder making the Proposal for the project described in the Request for . Qualifications for: Anl'\vO\.l C'...11 ~1\\Jc:...(t"'i Cof\+Y'<...<...t- ~r .Att.~-kc.+V ,.at /e-~Il\eC.r(..., ~ .c,:, :5~U .p,.~~,MOht'Qe...Gf-L.t/ and that I executed the said proposal with full authority to do so: ~n.dc.... 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. ~ ~I:!".t, l:lo,l'leo'1 (Sign re of Respondent) (Date) STATE OF: _t=~V'\.~ COUNTY OF: ?A \ ""- ~c..h . PERSONALL Y APPEARED BEFORE ME, the undersigned autholity, C '<.\1'"<"'1 J\tov Ik who, after first being sworn by me, (n~~f fnditfdual signing) affixed his/her signature in the space provided above on this ~o ~ay of t'V O~~ 20~, ~. N6TAR~ My Commission Expires: 26 iJ9-~V Pu\. . . ~c: ~ ~ ~-?-o, f'-O~ "~~.., Notary Public State Clark Knapp My Commission D0751767 Expires 01/24/2012 -- u__ _______ ----- - ---- ----- --- - -- - - __- _ -.-c_- .-~--_- -- ~ CERTIFICATE OF ~IABILITY INSURANCE DATE (MMlDDIYYYY) Af!!!iJ 11/2012009 ~----- - PRODUCER , THIS CERTFICATION IS ISSUED AS A MATTER OF INFORMATION , MARSH USA, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1225 17TH STREET, SUITE 2100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR DENVER, CO 80202-5534 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 15114 -Q0124-GAWC-09/10 HOU DE SMYTH 38359 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Zurich American Insurance Co 16535 CHZM HILL, INC. 9191 SOUTH JAMAICA STREET INSURER B: American Zurich Insurance Co. 40142 ENGLEWOOD, CO 80112 INSURER c: INSURER D: 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. ~I I ADD' TYPE OF INSURANCE POLICY NUMBER POUCY EFFEC1lVE POUCY EXPIRATION LIMITS LTR INSRI DATE~) DATE (IIMIDllIYYYY) X I EACH 1 500 000 - DAMA(~IS RENTED oj 1,500,000 A X COMMEROAL GENERAL LIABilITY GL03784726-05 05/01/2009 05/01/2010 PREMIS Ea occurrence $ - b CLAIMS MADE [R] OCCUR MED EXP (Any 000 person) $ X SMO 000 SIR PERSONAL & ADV INJURY $ 1,500,000 GENERAL AGGREGATE $ 5,000,000 GENERAL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AG<$ 5,000,000 I 'n PRO- n POLICY JECT lOC X AUTOMOBILE LIA8IUTY COMBINED SINGLE LIMIT - $ 2,000,000 A X ANY AUTO BAP8378516-14 05/01/2009 05/01/2010 (Ea accident) - ALL OWNED AUTOS BODILY INJURY $ I-- SCHEDULED AUTOS (Per person) I-- HIRED AUTOS I--- :( BODilY INJURY $ NON-OWNED AUTOS (Per accident) I-- ~ n PROPERTY DAMAGE " T"Y\ (Per accident) $ GARAGE LIA8lUTY D Ul (~ VII AUTO ONLY - EA ACCIDENT $ R ANY AUTO \l'3D'~ )1 OTHER THAN EA ACC 1$ AUTO ONLY: $ AGG EXCESS I UMBRELLA UABIUTY ~ EACH OCCURRENCE $ tJ OCCUR D CLAIMS MADE AGGREGATE $ $ q DEDUCTIBLE $ RETENTION $ I~ WORKERS COMPENSATION AND IX !"'~3T~T.tt-J I OJ~- B EMPLOYERS' UABIUTY WG8378566-15 (AOS) 05/01/2009 05/01/2010 ~.L. EACH ACCIDENT 1$ 1,000,000 ANY PROPRlETORiPARTNERlEXECUTIVE Y 1 N WC8378565-14 (WI & MA) 05/01/2009 05/01/2010 B OFFICERlMEMBER EXCLUDED? [E] ~l. DISEASE - EA EMPLOYEE $ 1,000,000 A WC3784761-04 (10) 05/01/2009 05/01/2010 (Mandalory in NH) If yes, desaibe under F-L DISEASE - POUCY LIMIT $ 1,000,000 SPECIAL PROVISIONS ~ OTHER DESCRIPTION OF OPERATlONSlLOCATIONSNEHICLESJEXCLUSlONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR TO AUTOMOBILE LIABILITY AND AS PER THE GENERAL L1.BILllY BROAD FORM ENDORSEMENT, _ .. ... . J CERTIACATE HOLDER SEA-00152125~1 CANCELLATION Monroe Coon!y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WLL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAIIIEO TO THE LEFT, BUT FAII..URE TO DO SO SHALL IMPOSE NO OBUGATION OR LlABlUlY OF ANY KIND UPON THE INSURER, AGENTS OR REPRESENTATIVES. ~Bft~~Al1VE .aV~8U Sharon A. Hammer MONROE COUNTY 1100 SIMONTON STREET KEY WEST, FL 33040 ACORD 25 (2009/01) ~' , "@1998-2009ACORDCORPORATION.A1IRightsReserved e r-~(l}.f!he ACORD name and logo are registered marks of ACORD \\i~n'I"'IU'(' l~V Lu .J <~ c ,.!M~...:__._._~~ '-'. - ~EC!:~t~~) 3Y: __ ~ ,,~ 2009 I 2010 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2010 RECEIPT# 46110-27468 Business Name: CH2M HILL Owner Name: CH2M HILL Mailing Address:800 FAIRWAY DR DEERFIELD BCH, FL 33441 Bustness lOcation: 6410 5TH ST 2A KEY WEST, FL 33040 Business Phone: 305-294-1645 Business Type: PROFESSIONALS (PROF CONSULTING ENGINEER) Rooms Seats Emp'oyees Machines I Stalls PAID-OOO-O&-OOOOlb03 oa/05/2009 30.00 THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS llHS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, Tax Collector nns IS ONLY A TAX. YOU MUST WHEN VAUDATEO PO Box 1129, Key West, FL 33041 MEET ALL COUNTY AND/OR MUNICIPAUTY PlANNING AND ZONING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT G STATE Of FLORIOA , . . BOARD OF PROfESSIOHAL ENGlHf'fRS '. ,...., 2&07 CAl.LAWot.V RO $TE:let '.,-..... ".-_ TALLAHASSEE. FL 32303-5211I ..~_"":._~ CH2M Hill, Inc. 9191 S. JAMAICA ST. ATT: CATHY POWERS ENGLEWOOD, CO 80112-5946 DETACH HERE ~tat~ of 1J1lurioll Board of Professional Engineers CH2M HIli, Inc. Is authorized under the provIsions of Section 471.023, Flooda Statutes, to offer engineering services to the public through a Professional Engineer, duly licensed uncler Chapter 471, Florida Statutes. Expiration: 28-Feb-11 Audit No: 22820112093 Certificate of Authorization CANo: 72 LJISPLA' AS R~QUIRED BY LAW ,:I. ~1!ii~, ..Qi( lIl"~~_: ."IL 4-~.' ;,~ ~,ffi.'-'lJ ..........- . - -. . '.:~.~~~'~i_~:--:--- STAT! OF FLORrOA DEPAR?!.<:~~!'~ OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF ARCHITECTURE & INTERIOR DESIGN 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 (850) 487 -1395 CH2M HILL, INC. 9191 S. JAMAICA ST ENGLEWOOD CO 80112 r Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers. from boxers to barbeque restaurants. and they keep Ronda's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services. please log onto www.myfloridallcense.com. There you can find more information about our divisions and the regulations that impact you. subscribe to department newsletters and learn more about the Department's initiatives, Our mission at the Department is: Ucense Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! .~ W-i STAn:. Of' FLOflIOA DEPARTMENT of BUSINESS AND PROFESSIONAL REGULATION AC# l.J260707 AAC001992 02/11/09 088160186 ARCHITECT CORPORATION CH2M BILL, INC. IS CERTIFIED und<or th providou of Ch.481 VB &lcpi""u.... d&t.. F&B 28, 2011 L09021100S11 DETACH HERE I AC# 4260701 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF ARCHITECTURE & INTERIOR DESIGN SEQ# L09021l00511 I L fCENSi( -'NBR- ~ 02 / 11 / 2009 1088160186 iAAC001992___ The ARCHITECT CORPORATION Named below IS CERTIFIED under the provisions of Chapter 481 FS. Expiration date: FES 28, 2011 CH2M HILL, INC. 9191 S. JAMAICA BT ENGLEWOOD CO 80112 CHARLIE CRIST GOVERNOR DISPLAY AS REQUIRED BY LAW CHARLES W. DRAGO SECRETARY ., '. ~ STATe OF FLORIDA , DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 CH2M HILL INC 9191 S JAMAICA ST ATTN: CATHY POWERS ENGLEWOOD CO 80112 Congratulations I With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridallcense.com There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! DETACH HERE (850) 487-1395 iit~ ~} -.,..... STATE OF FLORIDA AC# 4496092 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION QB0006566 08/05/09 098012757 QUALIFIED BUSINESS ORGANIZATION CB2M HILL INC (NOT A LICENSE TO PERFORM WORK. ALLOWS COMPANY TO DO BUSINESS IF IT HAS A LICENSED QUALIFIER.) IS QUALIFIED undAr tho provi.si.ons of Ch.489 FS Bl<piration date, AUG 31, 2011 L09080S00877 .---- I : AC# I I I I I I I I I I ! I i I I I I I 4496092 ST A TEOF FLORIDA -1 i SEQ# L09080S00877 I i I ! DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD LICENSE NBR 08 05 2009 i098012757 B0006566 The BUSINESS ORGANIZATION Named below IS QUALIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2011 (THIS IS NOT A LICENSE TO PERFORM WORK. COMPANY TO DO BUSINESS ONLY IF IT HAS A CH2M HILL INC 9191 S JAMAICA ST ATTN: CATHY POWERS ENGLEWOOD THIS ALLOWS THE QUALIFIER. ) CO 80112 CHARLIE CRIST GOVERNOR DISPLAY AS REQUIRED BY LAW CHARLES W. DRAGO SECRETARY .' "_.':;'..,) ~~~~l~~I~~SINESS AND PROFESSIONAL REGULATION I BOARD OF LANDSCAPE ARCHITECTURE (850) 487-1395 '~__~ 1940 NORTH MONROE STREET ~_.'~ TALLAHASSEE FL 32399-0783 CH2M HILL INC 9191 S JAMAICA ST ENGLEWOOD CO 80112 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation, Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants. and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services. please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you. subscribe to department newsletters and learn more about the Department's initiatives, Our mission at the Department is: Ucense Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida. and congratulations on your new license! e' . STATE OF FLORIDA ACI 4716 4 (j b DEPAR'I'HENT OF BUSINESS AND '.... ..PROFE$SIOl{AL REGULATION LC26000188 11/10'/09 098088140 LANDSCAP,B ARCHITECT BUSINESS CH2M HILL INC HAS. REGISTERED under the provisions of Ch.481 lI:q>1.ratiOllo au. NOV 30, 2011 L09111001781 DETACH HERE ACt 4716406 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF LANDSCAPE ARCHITECTURE SEQ#L09111001781 LICENSE NBR 11/10 2009 '098088140 iLC26000188 The LANDSCAPE ARCBITECTBUSINESS Named be10wRAS Rl!:GISTERED Under the provisions of' Chapter 4.81 FS. Expiration date: NOV 30, 2011 CB2M HILL mc 9191 S JAMAICA ST ENGLEWOOD CO 80112 CHARLIE CRIST GOVERNOR DISPLAY AS REQUIRED BY LAW CHARLES W. DRAGO S:ECRE'r'ARY . STATE Of: FLORIDA , -', '.." .. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DJ BOARD OF PROF SURVEYORS & MAPPERS (850) 487-1395 . i' 1940 NORTH MONROE STREET :'\'~_~~ TALLAHASSEE FL 32399-0783 CH2M HILL INC 9191 S JAMAICA ST ENGLEWOOD CO 80112 .~....... - P, Congratulationsl With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myflorldallcense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! . STATE OF FLORIDA , DEPARTMENT OF BUSINESS AND . _' PROFESSIONAL REGULATION AC/I 42 is a 4 4 .!. LB72 02/28/09 080380071 SURVEYING & HAPPING BUSINESS CH2M BILL INC 1:8 CERTIFIED under th" prov:hion8 of Ch.472 rs SXpiration data. FEB 28, 2011 L09022800457 DETACH HERE AC# 4288448 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF PROF SURVEYORS & MAPPERS SEQ# L09022800457 _LICENSE NBR I 102/28/2009 1080380071 ILB72 The SURVEYING & MAPPING BUSINESS Named below IS CERTIFIED Under the provisions of Chapter 472 FS. Expiration date: FEB 28, 2011 CH2M'HILL INC 6060 S WILLOW DR GREENWOOD VILLAGE CO 801115112 CHARLIE CRIST GOVERNOR DISPLAY AS REQUIRED BY LAW CHARLES W. DRAGO SECRETARY {. -;:r -Tt,.., .y.";"/' .1iI" -;j~~ ~ !:\1L' ~ ~, ",'." .,~,--... ,.. ..' . ,,' ~'. - ~...~-- ~.,'I" ~'.-"'" .6-' .;:< -~I:; At. . . STATE OF FLORIDA -. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF PROFESSIONAL GEOLOGISTS 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 (S50) 487-1395 CH2M HILL, INC 9191 S JAMAICA STREET ATTN: CATHY POWERS ENGLEWOOD CO 80112 AC# 3863695 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong, Every day we work to improve the way we do business in order to serve you better. For infonnation about our services, please log onto www.myfloridalicense.com. There you can find more Information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! . STATE OF FLORIDA DEPARTMENT OF BUSINESS AND , . PROFBSSIONAL REGULATION GB63 07/18/08 000000000 GEOLOGY BUSINESS CH2K HILL, INe IS CERTIFIED under the provisions of Ch.492 Fa lbpi..atiOl> dat.. Ji1L 31. 2010 L08071800389 DETACH HERE AC# 3863695 ~ '~,,:~\~T:AT~J~f FLORIDA . . t,~:~/ Yf,~-'. ::-..c:"r~ '~.' DEPARTMENT QYB~tNES$AND PROFESSIONAL REGULATION BO~();W' ,~~~11':~~.sIONAL GEOLOGISTS SEQ# L08071800389 ~~s~<:~.. .1 The GEOLOGY BUSINESS t Named below IS CERTIFIED Under the provisions cif-Chap-t-:er492 FS. Expiration date: JUL 31, 2010 CH2M HILL, INC 9191 S JAMAICA STREET ATTN: CATHY POWERS ENGLEWOOD CO 80112 ,~ -" " ~_,,;.:~s~ '.---"- .~- ~?:~:~. CHARLIE CRIST GOVERNOR ':- .--, -~- ~_~):;:i: ~<)~~i -- -:.-, '_'+- '"..;0 ~- "- ."- oj~~J~;;f/R~QUIRED BY LAW CHUCK DRAGO INTERIM SECRETARY EXHIBIT A Hourly Rates EXHIBIT "A" Monroe County Continuing Contract for Architectural/Engineering Services Employer Category Labor Rates Professionals -- Engineers, Architects, Planners, Economists, Scientists, Hydrologists, H ydrogeologists, Geologists Regional Group Manager Principal Project Manager, Principal Technologist Senior Project Manager, Senior Technologist Project Manager, Architect/Engineering Specialist, Scientific Specialist, Planning Specialist Associate Project Manager, Project Architect/Engineer, Project Scientist, Project Planner Associate Architect/Engineer, Associate Scientist, Associate Planner 192 182 167 149 132 118 Staff Architect/Engineer II Staff Architect/Engineer I, Staff Scientist II, Staff Planner II Staff Scientist I, Staff Planner I 104 92 72 Technicians -- Drafters, Graphie Artists, Computer, Surveyors, Cartographies, Construction Inspectors Technician 6 Technician 5 Technician 4 Technician 3 Technician 2 Technician 1 Technical Aide 116 111 99 80 72 64 55 Offiee Support Specification Processor Clerical! Office Support 87 62 Note: Rates applicable October 1, 2009 through September 30,2010, H:\HOU CONTRACTS GROUP\CLlENT_PROPOSALS_CONTRACTS\MoNROE CouNTYIMSA\MONROE Co EXHIBIT A_2010 RATES Doc