Agenda 06/28/2016 Item #16A10 6/28/2016 16.A.10.
n
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute Contract No. 16-6629 to
provide professional engineering services as required for the"2016 Beach Renourishment Project"
for$111,756.30 with CB&I Environmental&Infrastructure,Inc.,and make a finding that this item
promotes tourism,Project No.80301.
OBJECTIVE: To obtain professional engineering services to obtain a Notice to Proceed as required to
execute the "2016 Beach Renourishment" on Vanderbilt Beach, Park Shore Beach and Pelican Bay
Beach.
CONSIDERATIONS: Engineering services are required to obtain a Notice to Proceed (NTP)
authorization from the Florida Department of Protection/United States Army Corps of Engineers
(FDEP/USACE)to conduct a truck haul beach renourishment project within Collier County in the fall of
2016, utilizing the existing 15-year Joint Coastal Permit (JCP) for Collier County's beach renourishment
program.
The physical beach surveys conducted in January/February 2016 indicated that the Vanderbilt Beach,
Park Shore Beach and parts of the Pelican Bay Beach need renourishment in 2016. The beach width
measurements and three years of advanced renourishment placement indicated that these beaches will
require the following:
• Vanderbilt Beach(R22-R30)—approximately 30,000 CY's(cubic yards)of renourishment;
• Park Shore Beach(R44-R53)will require 25,000 CY's to 30,000 CY's of renourishment;
• Pelican Bay Beach will require approximately 10,000 CY's of renourishment.
Based on this analysis, the Board of County Commissioners (Board) approved a 2016 Renourishment
Program to be built after November 1, 2016 using truck haul construction and either off road vehicle
transport on the beach or sand fluidization and pipeline transport. The sand fluidization and pipeline
transport placement approach is being considered to enhance public beach safety and will be bid as an
option. Stated quantities will be adjusted prior to construction during the pre-construction survey that the
contractor performs.
A Request for Proposal (RFP) was solicited in compliance with the Consultants' Competitive
Negotiations Act (CCNA) requirements. On April 6, 2016, RFP No. 16-6629, "2016 Beach
Renourishment," was posted. One thousand three hundred and ninety-four (1,394) notices were sent out
and forty-two (42) firms downloaded full document packages. Three (3) responsive proposals were
received on April 26,2016. On May 17,2016,a selection committee short-listed the three(3)firms based
on an evaluation of their technical proposals. CB&I Environmental&Infrastructure,Inc.was ranked No.
1.
On June 14, 2016, the Board approved and authorized staff to negotiate a contract with the top ranked
firm(CB&I Environmental&Infrastructure,Inc.), for subsequent Board approval. CB&I Environmental
&Infrastructure,Inc.,is an experienced consultant with extensive experience throughout Collier County.
Time is of the essence and the engineering must be accomplished to allow beach renourishment to begin
on November 1,2016,and be completed by January 1,2017.
/—**\
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FISCAL IMPACT: Funding in the amount of$111,756.30, is available in the Tourist Development Tax t's••
Fund 195, Project No. 80301,Beach Renourishment. Funding for this contract will not be requested for
reimbursement from any grantor agency.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
ADVISORY COMMITTEE RECOMMENDATIONS: Since time is of the essence, staff is requesting
approval by the Board of County Commissioners prior to this contract being presented to the Coastal
Advisory Committee. The Coastal Advisory Committee has however, approved the 2016 beach
renourishment program. This item is wholly consistent with the 2016 beach renourishment program and
previous truck haul beach renourishment projects conducted in 2013 and 2014. This item will be
presented to the Coastal Advisory Committee for "after the fact approval" at the August 2016 meeting.
This item will be presented to the Tourist Development Council at the June 27, 2016, meeting for
approval. The Tourist Development Council has also approved the 2016 beach renourishment program
and again, this item is wholly consistent with the 2016 program and previous truck haul beach
renourishment projects. Results of this vote will be available to the Board prior to the June 28, 2016
meeting.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires
majority vote for approval.—CMG
RECOMMENDATION: To approve and authorize the Chairman to execute Contract No. 16-6629, to
provide professional engineering services as required for the "2016 Beach Renourishment Project" for
$111,756.30 with CB&I Environmental&Infrastructure,Inc., and make a finding that this item promotes
tourism,Project No. 80301.
Prepared by: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees
and Program Management Division,Growth Management Department
Attachments:
1) Contract
2) Proposal
P""1
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.10.
Item Summary: Recommendation to approve and authorize the Chairman to execute
Contract No. 16-6629 to provide professional engineering services as required for the "2016
Beach Renourishment Project" for$111,756.30 with CB&I Environmental & Infrastructure, Inc.,
and make a finding that this item promotes tourism, Project No. 80301.
Meeting Date: 6/28/2016
Prepared By
Name: HambrightGail
Title:Accountant, Coastal Zone Management
5/19/2016 1:23:44 PM
Submitted by
Title:Accountant,Coastal Zone Management
Name: HambrightGail
5/19/2016 1:23:45 PM
Approved By
Name: McAlpinGary
Title: Manager-Coastal Management Programs, Coastal Zone Management
Date: 6/16/2016 10:39:25 AM
Name: PattersonAmy
Title:Division Director-IF,CPP &PM,Capital Project Planning,Impact Fees and Program
Management
Date: 6/17/2016 9:18:10 AM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 6/17/2016 9:44:56 AM
Name:KearnsAllison
n Title:Manager-Financial&Operational Sprt,Capital Construction&Maintenance Budget/Fiscal
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Date: 6/17/2016 11:08:41 AM
Name: KearnsAllison
Title:Manager-Financial&Operational Sprt, Capital Construction&Maintenance Budget/Fiscal
Date: 6/17/2016 11:11:52 AM
Name: Tara Castillo
Title:Management/Budget Analyst,Capital Construction&Maintenance Budget/Fiscal
Date: 6/17/2016 11:45:29 AM
Name:NorthrupAdam
Title: Procurement Specialist,Procurement Services
Date: 6/17/2016 11:58:02 AM
Name: HerreraSandra
Title: Manager-Procurement,Procurement Services
Date: 6/17/2016 1:03:05 PM
Name: LynchDiane
Title: Supervisor-Operations,Road Maintenance
Date: 6/20/2016 10:24:32 AM
Name: LynchDiane
Title: Supervisor-Operations,Road Maintenance
Date: 6/20/2016 10:51:02 AM
Name: GreeneColleen
Title:Assistant County Attorney,CAO General Services
Date: 6/20/2016 10:59:40 AM
Name: Joshua Thomas
Title: Grants Support Specialist, Grants Management Office
Date: 6/20/2016 11:03:39 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 6/20/2016 11:39:37 AM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 6/20/2016 12:17:42 PM
Name: KlatzkowJeff
Title: County Attorney,
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Date: 6/20/2016 1:34:18 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Office of Management&Budget
Date: 6/21/2016 3:46:14 PM
Name: CasalanguidaNick
Title:Deputy County Manager, County Managers Office
Date: 6/21/2016 4:47:21 PM
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CB&I Environmental & Infrastructure, Inc.
2481 NW Boca Raton Blvd. '
Boca Raton, FL 33431
Tel:+1 561 391 8102
Fax: +1 561 391 9116
www.CBl.com
June 15, 2016
Gary McAlpin, Director
Collier County Coastal Zone Management
2800 N. Horseshoe Drive
Naples, FL 34104
Re: 2016 Beach Renourishment Design Proposal
Dear Gary:
This letter is in response to Collier County's request for a proposal for CB&I Environmental &
Infrastructure, Inc. (CB&I) to perform staff engineering tasks to support the County in preparing for and
constructing the 2016 truck haul beach renourishment. In preparation of the 2016 renourishment event,
CB&I will conduct an analysis to determine fill placement areas and quantities, produce construction
plans and technical specifications, coordinate with FDEP for a Notice to Proceed, provide bidding
assistance to the County, support the County's inspectors throughout construction, and serve as the
engineer of record to certify this project. A detailed scope of work is attached in Exhibit A.
A fee proposal is included as Exhibit B, and a rate schedule is provided as Exhibit C. We propose to
perform these services on a time and material basis not to exceed$111,756.30 upon award of a Contract
in response to CB&I's proposal to Collier County's RFP No. 16-6629 (2016 Beach Renourishment
Design). The cost breakdown between the County and Pelican Bay portions of the work is: $94,349.60
and $17,406.70 respectively. Subject to mutually agreeable Contract terms and conditions, and barring
any unforeseen circumstances, all work will be completed and submitted to the County within 365 days
of our receiving the County's Notice to Proceed.
Very truly yours,
:-/Irii c-- -::,:f!5_,--,
Thomas P. Pierro, P.E., D.CE
Director of Operations
CB&I Environmental & Infrastructure, Inc.
cc: Adam Northrup, Collier County Government
Tara Brenner, P.G., CB&I
Steve Keehn, P.E., CB&I
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GB
Exhibit A
Scope of Work
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2016 Beach Renourishment
Alongshore Sand Transport Coordination, Beach Design, Construction Plans &
Specifications,Agency Coordination,Bidding Assistance, and Engineer of Record Services
Scope of Work
June 2016
Introduction
To maintain its valuable beaches, the County wishes to conduct a truck haul beach renourishment
project in winter 2016. CB&I Environmental & Infrastructure Inc. (CB&I) will provide the
expedited engineering and scientific services described below as required to obtain a notice to
proceed from Florida Department of Environmental Protection (FDEP), and support the County
through project construction for beach nourishment.
This proposal contains the tasks necessary to bring the project from design through construction.
Our team is extremely familiar with the County's coastal environment, including the coastal
dynamics, geology, ecology and sand sources. We will continue to use our extensive experience,
historic and existing data, and ongoing monitoring information as a basis for our analyses to
engineer the upcoming renourishment design. CB&I will support the County's inspection efforts
before and during construction and will develop the post-construction certification. This proposal
assumes that no new permit applications, permit modifications, surveys, field investigations,
studies or modeling will be required.
1. Alongshore Sand Transport Coordination
In addition to traditional alongshore truck transport,the County will endeavor to obtain bids for a
replacement construction method to improve safety by eliminating the use of off road trucks to
transport sand on the beach. The potential for converting delivered sand into a slurry(fluidization)
and pumping it alongshore is promising since the components of this method are already approved
in existing permits. The addition of this method to the bid documents will require coordination
with the regulatory agencies for construction approval.
CB&I will assist with seeking authorization of a fluidizing construction method by coordinating
with contractors, agencies and the County. A general sketch and description of fluidization
construction method will be developed based on information obtained by CB&I from contractors
that specialize in this type of work. CB&I will prepare letters for FDEP and USACE describing
the proposed construction method and informing them of the interpretation that these activities are
currently within the scope of the existing permits. If the agencies do not agree that it's currently
covered, we will ask for their comments so that the County can consider options for permit
modification. Efforts for an extended permit modification process are not included in this task.
In our initial discussions, FDEP has indicated a permit modification may be needed, but this was
based on preliminary information that will continue to be refined through contractor coordination.
USACE's position on this construction method is unknown at this time,but CB&I will also supply
them with the appropriate information to make a determination. Implementation of this method
for construction this year will be dependent upon the outcome of these discussions and
coordination with the intent of inclusion in the bid documents.
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2. Beach Design, Construction Plans & Specifications
Renourishment segments and quantities will be determined through coordination with Collier
County. The work previously performed to update a long term erosion rate and nourishment
volumes based on the January 2016 survey will be the starting point for this phase. The latest
monitoring survey data will be used as the pre-construction condition for design of the fill
placement areas. Fill placement will be concentrated in Vanderbilt, Pelican Bay and Park Shore
project reaches. A needs-based design will be calculated using updated engineering spreadsheets
with a revised long term erosion rate,to identify areas of need,based on the County's beach width
standards and a three-year project life. The fill placement areas will be finalized through
consultation with the Coastal Zone Management Department to meet County objectives and
address physical restrictions such as hardbottom. CB&I engineers will conduct calculations to
generate a finalized design, including estimated fill volumes needed by reach and R-monument.
These volumes will include sand needed to support the sand stock pile areas and covering of coastal
structures as needed.
Beach renourishment plans will be developed, including plan views and cross-sections of fill
templates, information related to sand delivery locations, beach access, beach storage areas,
environmental protection areas and other information required for construction of the truck haul
beach renourishment project. The quantities will be based on the latest monitoring survey and
priorities established by the County during the project design phase.
From our experience constructing in Collier County and other truck haul projects, CB&I will
prepare technical specifications with an environmental protection summary that will define
expectations, identify risks, resolve discrepancies, and comply with project permits. We will
integrate the Sediment QA/QC plan, turbidity standards, permit conditions and lessons learned
from the 2013/14 project into the specifications.
CB&I will prepare construction documents including construction plans and specifications
necessary for bidding the renourishment project. Both alongshore truck transport and alongshore
transport by fluidization will be specified as construction methods "A" and "B" for this project
within the bid documents. The bidding contractor will have the option to bid on Option A, Option
B, or both, in order to provide the County with the ability to compare costs of the two methods.
CB&I will provide plans and specifications in Acrobat and Word format.
3. Renourishment Bidding Assistance &Agency NTP Coordination
CB&I will assist the County in their lead of the bidding process. Once the construction plans and
technical specifications are completed, CB&I will provide the County with a bid package
containing: construction plans, technical specifications, project permits, bid form and contractor
questionnaire (as appropriate). If requested, CB&I can provide an engineer's construction cost
estimate. A CB&I engineer will be available to attend the Pre-Bid Meeting and prepare a basic
addendum, if needed. Once the bids have been opened, CB&I will assist the County in reviewing
the bids and provide a recommendation to the County based on a review of the submitted bids, if
needed.
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CB&I will simultaneously work with the agencies (FDEP and USACE)to utilize the new 15-year
permits for this beach renourishment project. In support of acquiring a Notice to Proceed, CB&I
will coordinate with FDEP and submit the following information:
1. Construction plans and specifications.
2. Updated Sediment QA/QC and/or physical monitoring plans (as necessary)
3. Turbidity monitoring qualifications. The names and qualifications of individuals
identified by the County to perform water quality functions along with 24-hour contact
information shall be submitted for approval.
4. Sand sample from the sand supplier.
A copy of the plans and specifications will also be provided to the USACE in Fort Myers, FL.
4. Pre-, During-, Post-Construction and Engineer of Record Services
As the engineer of record, CB&I will conduct pre-, during- and post-construction tasks necessary
for certification of the project. Before construction begins, CB&I will finalize the FDEP NTP
requirements, notify USACE of project commencement and coordinate with the selected
Contractor as required. A CB&I engineer will attend the pre-construction meeting in person and
additional team members will participate in the meeting via phone as necessary. CB&I will adjust
the construction template once, prior to construction, if needed based on the results of the pre-
construction survey collected by the Contractor and in consultation with the County.
During construction, CB&I will support the County's inspection efforts and perform occasional
(approximately 1/week) site visits to inspect the work at the beach and the sand mine. CB&I will
provide a checklist to be used by County inspectors to monitor daily construction. It is expected
that the County's inspectors will monitor the Contractor's water quality reporting to FDEP and
account for sand delivered on a daily basis for project tracking and payment. CB&I can assist with
reviewing sand delivery quantities.
Once a week, CB&I engineers will review the daily reports and consult on construction activities.
CB&I will coordinate site visits to allow for in-person attendance at the construction progress
meetings. During CB&I's site visits, we will spot check the project construction progress to
determine if the contractor is in substantial compliance with both contract documents and project
permits as well as collect photographic documentation of construction.
A CB&I Professional Engineer will serve as the engineer of record for this project and will visit
the site once during construction and once after construction is completed. After receipt of
necessary project documentation, the engineer of record will prepare the project certification.
Based largely on surveys,daily reports and observations made by the dredge contractor and County
inspectors, CB&I will prepare a certification to supplement the annual monitoring report that is to
be performed by others.
During construction, samples representing the delivered material will be collected and visually
inspected by County construction observers. As needed, samples will be archived or analyzed by
a County or contractor contracted laboratory. Post-construction samples as prescribed in the
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sediment QA/QC plan will be collected by County or CB&I observers and analyzed by the County
or contractor's contracted laboratory. CB&I will assist with compliance of the sediment QA/QC
plan by incorporating the lab results into the post-construction certification to the agencies.
CB&I will review in progress and final applications for payment and will make recommendations
to the County. The annual monitoring survey and report is not part of this proposal.
5. Pelican Bay Design, Plans & Specifications, Bidding and Construction Services
CB&I will perform the services described in Tasks 1, 2, 3 & 4 for Pelican Bay and the County
beaches. Task 5 will be used to separate out costs associated with the work for the Pelican Bay
portion of the larger renourishment project.These services in summary will include:beach design,
preparation of construction plans, technical specifications, bidding assistance and agency
coordination, and engineer of record services.
Summary
This work will be performed on a time and materials (T&M) basis with a cost not to exceed
$111,756.30 as outlined in the attached fee spreadsheet. The cost breakdown between the County
and Pelican Bay portions of the work is: $94,349.60 and$17,406.70, respectively. The work will
be completed within 365 days of receipt of the Notice to Proceed.
Confidentiality Statement
The information contained in this proposal is confidential commercial information and shall not be disclosed, except
for evaluation purposes,provided that if a contract is awarded to CB&I Environmental&Infrastructure, Inc. as a
result of or in connection with the submission of this proposal, the requester shall have the right to use or disclose the
data to the extent provided in the contract. This restriction does not limit the requestor's right to use or disclose any
technical data obtained from another source without restriction.
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ICE .........
Exhibit B
Fee Proposal
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Exhibit C
Rate Schedule
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.—, SCHEDULE B
RATE SCHEDULE
Title Rate
Principal $207.00
Senior Project Manager $173.00
Project Manager $148.00
Senior Engineer $158.00
Engineer $124.00
Senior Inspector $97.00
Inspector $77.00
Senior Planner $140.00
Planner $111.00
Senior Designer $115.00
Designer $95.00
Environmental Specialist $110.00
Senior Environmental Specialist $135.00
Scientist/Geologist $94.00
Senior Scientist/Geologist $119.00
Marine Biologist/Hydrogeologist $111.00
Senior Marine Biologist/Hydrogeologist $139.00
Senior GIS Specialist $146.00
GIS Specialist $103.00
Clerical/Administrative $63.00
Senior Technician $86.00
Technician $73.00
Surveyor and Mapper $121.00
CAD Technician $82.00
Survey Crew- 2 man $136.00
Survey Crew - 3 man $172.00
Survey Crew-4 man $205.00
Senior Architect $155.00
Architect $122.00
This list is not intended to be all inclusive. Hourly rates for other categories of professional, support and
other services shall be mutually negotiated by Collier County and firm on a project by project basis as
needed.
B-1 "'
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Contract# 16-6629 "2016 Beach Renourishment Design"
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2016,
by and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and
CB&I Environmental & Infrastructure, Inc., authorized to do business in the State of Florida,
whose business address is 4171 Essen Lane, Baton Rouge, LA 70809 (hereinafter referred to
as the "CONSULTANT" and/or"CONTRACTOR").
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Consulting Design services
of the CONSULTANT concerning 2016 Beach Renourishment Design (hereinafter referred to
as the "Project"), said services being more fully described in Schedule A, "Scope of Services",
which is attached hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
and
WHEREAS, the CONSULTANT represents that it has expertise in the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
Contract*16-6629"2016 Beach Renounshment Design"
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ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Design Consulting services in all
phases of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this
Agreement all such licenses as are required to do business in the State of Florida and in Collier
County, Florida, including, but not limited to, all licenses required by the respective state boards
and other governmental agencies responsible for regulating and licensing the professional
services to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates Thomas Pierro, Vice President a qualified licensed
professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the
"Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf
of the CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
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Contract#16-6629'2016 Beach Renourishment Design"
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has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote
whatever time is required to satisfactorily manage the services to be provided and performed by
the CONSULTANT hereunder. The Project Coordinator shall not be removed by
CONSULTANT from the Project without OWNER'S prior written approval, and if so removed
must be immediately replaced with a person acceptable to OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from Owner to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and
requirements of any governmental agencies, and the Florida Building Code where applicable,
which regulate or have jurisdiction over the Services to be provided and performed by
CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76
F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically
those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows:
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IF the CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO the CONSULTANT'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The CONSULTANT must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
CONSULTANT does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the CONSULTANT or keep and maintain public records
required by the public agency to perform the service. If the CONSULTANT
transfers all public records to the public agency upon completion of the contract,
the CONSULTANT shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
CONSULTANT keeps and maintains public records upon completion of the
contract, the CONSULTANT shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a
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format that is compatible with the information technology systems of the public
agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify the County in writing. Failure by the CONSULTANT to comply with the laws referenced
herein shall constitute a breach of this Agreement and the County shall have the discretion to
unilaterally terminate this Agreement immediately.
In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER
of such conflict and utilize its best professional judgment to advise OWNER regarding resolution
of each such conflict. OWNER'S approval of the design documents in no way relieves
CONSULTANT of its obligation to deliver complete and accurate documents necessary for
successful construction of the Project.
1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task)
amount for the following: Tasks not completed within the expressed time frame, including
required deliverables, incomplete and/or deficient documents, failure to comply with local, state
and/or federal requirements and/or codes and ordinances applicable to Consultant's
performance of the work as related to the project. This list is not deemed to be all-inclusive, and
the County reserves the right to make sole determination regarding deductions. After notification
of deficiency, if the CONSULTANT fails to correct the deficiency within the specified timeframe,
these funds would be forfeited by the CONSULTANT. The County may also deduct or charge
the CONSULTANT for services and/or items necessary to correct the deficiencies directly
related to the CONSULTANT's non-performance whether or not the County obtained substitute
performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm
or organization, without OWNER'S prior written consent, or unless incident to the proper
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performance of the CONSULTANTS obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt
written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the
RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have
common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement -
EOP, etc), and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through a Change Order or Amendment to this Agreement,
CONSULTANT shall furnish or obtain from others Additional Services of the types listed in
Article Two herein. The agreed upon scope, compensation and schedule for Additional
Services shall be set forth in the Change Order or Amendment authorizing those Additional
Services. With respect to the individuals with authority to authorize Additional Services under
this Agreement, such authority will be as established in OWNER'S Procurement Ordinance and
Procedures in effect at the time such services are authorized. These services will be paid for by
OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life
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or property, any Additional Services must be approved in writing via a Change Order or an
Amendment to this Agreement prior to starting such services. OWNER will not be responsible
for the costs of Additional Services commenced without such express prior written approval.
Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver
of any claim by CONSULTANT for such Additional Services and (ii) an admission by
CONSULTANT that such Work is not additional but rather a part of the Basic Services required
of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is
required because of the action taken by CONSULTANT in response to an emergency, an
Amendment shall be issued to document the consequences of the changes or variations,
provided that CONSULTANT has delivered written notice to OWNER of the emergency within
forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence.
Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S
right it otherwise may have had to seek an adjustment to its compensation or time of
performance under this Agreement. The following services, if not otherwise specified in
Schedule A as part of Basic Services, shall be Additional Services:
2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
2.2. Services resulting from significant changes in the general scope, extent or character of
the Project or its design including, but not limited to, changes in size, complexity, OWNER'S
schedule or character of construction; and revising studies, reports, design documents or
Contract Documents previously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
reasonably anticipated prior to the preparation of such studies, reports or documents,or are due
to any other causes beyond CONSULTANT'S control and fault.
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2,3 Providing renderings or models for OWNER'S use.
2.4 Investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; and evaluating processes available for licensing and
assisting OWNER in obtaining such process licensing.
2.5. Furnishing services of independent professional associates and consultants for other
than the Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by OWNER, other than visits to the Project site or OWNER's office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
2.9 Additional services rendered by CONSULTANT in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in Collier County as part of
the Basic Services in accordance with generally accepted professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3,1. The OWNER shall designate in writing a project manager to act as OWNER'S
— representative with respect to the services to be rendered under this Agreement (hereinafter
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referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatever:
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by
the CONSULTANT for payment for services and work provided and performed
in accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to OWNER's
requirements for the Project, including design objectives and constraints,
space, capacity and performance requirements, flexibility and expandability,
and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings, specifications,
shop drawings, product literature, previous reports and any other data relative
to the Project;
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(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under this
Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts
of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to
have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
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CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
4A Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT until such time as the
CONSULTANT resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or
will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be
deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or
any other damages hereunder.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
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"Basis of Compensation", which is attached hereto and made a part hereof. The Project
Manager, or designee, reserves the right to utilize any of the following Price Methodologies:
Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are
transferred from the County to the CONSULTANT; and, as a business practice there are no
hourly or material invoices presented, rather, the CONSULTANT must perform to the
satisfaction of the County's project manager before payment for the fixed price contract is
authorized.
Time and Materials: the County agrees to pay the CONSULTANT for the amount of
labor time spent by the CONSULTANT 's employees and subcontractors to perform the work
(number of hours times hourly rate), and for materials and equipment used in the project (cost of
materials plus the CONSULTANT's mark up). This methodology is generally used in projects in
which it is not possible to accurately estimate the size of the project, or when it is expected that
the project requirements would most likely change. As a general business practice, these
contracts include back-up documentation of costs; invoices would include number of hours
worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll
records), material or equipment invoices, and other reimbursable documentation for the project.
5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall
apply only to tasks procured under the Time and Materials pricing methodology specified in
paragraph 5.1 above.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports
and other technical data, other than working papers, prepared or developed by or for
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CONSULTANT under this Agreement ("Project Documents"). OWNER shall specify whether
the originals or copies of such Project Documents are to be delivered by CONSULTANT.
CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER
the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project
Documents for its files and internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER
to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use on this Project.
CONSULTANT warrants to OWNER that it has full right and authority to grant this license to
OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to
complete the Project following CONSULTANT'S termination for any reason or to perform
additions to or remodeling, replacement or renovations of the Project. CONSULTANT also
acknowledges OWNER may be making Project Documents available for review and information
to various third parties and hereby consents to such use by OWNER.
ARTICLE SEVEN
MAINTENANCE OF RECORDS '1
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as may
be required by law. OWNER, or any duly authorized agents or representatives of OWNER,
shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and during
the five (5) year period noted above, or such later date as may be required by law; provided,
however, such activity shall be conducted only during normal business hours.
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ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and
hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to
this Agreement.
9.2 All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3 All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy, Professional
Liability policy, and the Workers Compensation policy, provided by CONSULTANT to
meet the requirements of this Agreement shall name Collier County Government, Collier
County, Florida, as an additional insured as to the operations of CONSULTANT under
this Agreement and shall contain a severability of interests provisions.
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9.3.2. Companies issuing the insurance policy or policies shall have no recourse against
OWNER for payment of premiums or assessments for any deductibles which all are at
the sole responsibility and risk of CONSULTANT.
9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self-
insurance program carried by OWNER applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any
insurance or self-insurance program carried by OWNER applicable to this Project.
9.3.4. The Certificates of Insurance must read: For any and all work performed on
behalf of Collier County, or reference this contract number.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall
be construed in accordance with the laws of the State of Florida.
9,4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and received by
OWNER, except such rights as they may have to the proceeds of such insurance held by any of
them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the Department
of Insurance of the State of Florida to transact the appropriate insurance business in the
State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial rating of "Class
VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
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or use of the services of any other person or firm by CONSULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything in this Agreement be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not
be removed or replaced without OWNER'S prior written consent.
�-- 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the
subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this
Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities
which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each
subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER
under this Agreement with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to
enter into similar agreements with its sub-subconsultants or sub-subcontractors.
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10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment
by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or
directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this
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Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
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written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty-five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
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secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs
supporting the compensation for CONSULTANTS services to be provided under this
Agreement are accurate, complete and current at the time of the Agreement. The
CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement price
was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
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ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following OWNER'S address of record:
Board of County Commissioners
Collier County Florida
Procurement Services Division
3327 Tamiami Trail East
Naples, FL 34112
Attention: Allison Kearns, Interim Director Procurement Services
Telephone: 239-252-8407
Fax: 239-252-6480
16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to
the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following CONSULTANT'S address of record:
CB&I Environmental & Infrastructure, Inc.
4171 Essen Lane
Baton Rouge, LA 70809
Phone: 561-391-8102; Fax: 561-391-9116
Attn: Thomas Pierro, Vice President
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER
and assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
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17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any
and all prior agreements or understandings, written or oral, relating to the matter set forth
herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
17.8 This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9 The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
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Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSULTANTS AND
SUBCONTRACTORS
RFP # 16-6629 Terms and Conditions
Consultant's Proposal
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be
brought in the appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement. At the time this Agreement is
executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate
identified in Article 13 and attached hereto and made a part hereof as Schedule E.
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CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a public
entity; may not submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or public work; may
not submit bids, proposals, or replies on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and
may not transact business with any public entity in excess of the threshold
amount provided in s. 287.017 for CATEGORY TWO for a period of 36
months following the date of being placed on the convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision-making authority and by OWNER'S staff person who would make the
presentation of any settlement reached during negotiations to OWNER for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision-making authority and
by OWNER'S staff person who would make the presentation of any settlement reached at
mediation to OWNER'S board for approval. Should either party fail to submit to mediation as
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required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT
to comply with the laws referenced herein shall constitute a breach of this agreement and the
County shall have the discretion to unilaterally terminate this agreement immediately.
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Design the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Dwight E. Brock, Clerk
By:
Date: By:
Donna Fiala, Chairman
Approved as to Form and Legality:
Assistant County Attorney
Name
CB&I Environmental & Infrastructure, Inc.
By:
Witness
Name and Title Name and Title
Witness
Name and Title
26
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SCHEDULE A
SCOPE OF SERVICES
SCOPE OF SERVICES
the CONSULTANT will provide engineering services as required to obtain a Notice to Proceed
(NTP) authorization from FDEP/USACE to conduct a beach renourishment project within Collier
County in the Fall 2016 utilizing the existing 15 year Joint Coastal Permit (JCP) for Collier
County's beach renourishment program.
Detailed Scope of Work
The CONSULTANT will perform a design survey on the project area, provide design
construction plans, acquire a notice proceed from the regulatory agencies and prepare bidding
documents in support of the County's solicitation of the bid. Plans shall, at a minimum, call for
the placement of sand at the following three (3) segments:
• R-22 to R30 —Vanderbilt Beach
• R-44 to R53 — Park Shore Beach
• Pelican Bay Beach
The CONSULTANT will design plans for truck haul construction to Collier County, and either off
road vehicle transport on the beach or sand fluidization and pipeline transport. The sand
fluidization and pipeline transport placement approach is being considered to enhance public
safety and will be bid as an option.
Task 1 -Alongshore Sand Transport Coordination
In addition to traditional alongshore truck transport, the County will endeavor to obtain bids for
a replacement construction method to improve safety by eliminating the use of off road trucks
to transport sand on the beach. The potential for converting delivered sand into a slurry
(fluidization) and pumping it alongshore is promising since the components of this method are
already approved in existing permits. The addition of this method to the bid documents will
require coordination with the regulatory agencies for construction approval.
The CONSULTANT will assist with seeking authorization of a fluidizing construction method
by coordinating with contractors, agencies and the County. A general sketch and
description of fluidization construction method will be developed based on information
obtained by the CONSULTANT from contractors that specialize in this type of work. The
CONSULTANT will prepare letters for FDEP and USACE describing the proposed
construction method and informing them of the interpretation that these activities are currently
within the scope of the existing permits. If the agencies do not agree that it's currently
covered, the CONSULTANT will ask for their comments so that the County can consider
options for permit modification.
FDEP has indicated a permit modification may be needed, but this was based on preliminary
information that will continue to be refined through contractor coordination. USACE's position on
this construction method is unknown at this time, but the CONSULTANT will also supply them
with the appropriate information to make a determination. Implementation of this method for
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construction this year will be dependent upon the outcome of these discussions and
' coordination with the intent of inclusion in the bid documents.
Task 2 - Beach Design, Construction Plans & Specifications
Renourishment segments and quantities will be determined through coordination with the
County. The work previously performed to update a long term erosion rate and
nourishment volumes based on the January 2016 survey will be the starting point for this
phase. The latest monitoring survey data will be used as the pre-construction condition for
design of the fill placement areas. Fill placement will be concentrated in Vanderbilt, Pelican
Bay and Park Shore project reaches. A needs-based design will be calculated using updated
engineering spreadsheets with a revised long term erosion rate, to identify areas of need, based
on the County's beach width standards and a three-year project life. The fill placement
areas will be finalized through consultation with the Coastal Zone Management Department
to meet County objectives and address physical restrictions such as hardbottom. The
CONSULTANT will conduct calculations to generate a finalized design, including estimated fill
volumes needed by reach and R-monument. These volumes will include sand needed to
support the sand stock pile areas and covering of coastal structures as needed.
Beach renourishment plans will be developed, including plan views and cross-sections of fill
templates, information related to sand delivery locations, beach access, beach storage
areas, environmental protection areas and other information required for construction of the
truck haul beach renourishment project. The quantities will be based on the latest monitoring
survey and priorities established by the County during the project design phase.
The CONSULTANT will prepare technical specifications with an environmental protection
summary that will define expectations, identify risks, resolve discrepancies, and comply
with project permits. The CONSULTANT will integrate the Sediment QNQC plan, turbidity
standards, permit conditions and lessons learned from the 2013/14 project into the
specifications.
The CONSULTANT will prepare construction documents including construction plans and
specifications necessary for bidding the renourishment project. Both alongshore truck transport
and alongshore transport by fluidization will be specified as construction methods "A" and "B"
for this project within the bid documents. The bidding contractor will have the option to bid on
Option A, Option B, or both, in order to provide the County with the ability to compare costs of
the two methods.
The CONSULTANT will provide plans and specifications in Acrobat and Word format.
3. Renourishment Bidding Assistance& Agency NTP Coordination
The CONSULTANT will assist the County in their lead of the bidding process. Once the
construction plans and technical specifications are completed, the CONSULTANT will
provide the County with a bid package containing: construction plans, technical
specifications, project permits, bid form and contractor questionnaire (as appropriate). If
requested, the CONSULTANT can provide an engineer's construction cost estimate. The
CONSULTANT engineer will be available to attend the Pre-Bid Meeting and prepare a basic
addendum, if needed. Once the bids have been opened, the CONSULTANT will assist the
County in reviewing the bids and provide a recommendation to the County based on a review
of the submitted bids, if needed.
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The CONSULTANT will simultaneously work with the agencies (FDEP and USAGE) to utilize the
new 15-year permits for this beach renourishment project. In support of acquiring a Notice to
Proceed, the CONSULTANT will coordinate with FDEP and submit the following information:
1. Construction plans and specifications.
2. Updated Sediment QA/QC and/or physical monitoring plans (as necessary)
3. Turbidity monitoring qualifications. The names and qualifications of individuals
identified by the County to perform water quality functions along with 24-hour contact
information shall be submitted for approval.
4. Sand sample from the sand supplier.
A copy of the plans and specifications will also be provided to the USACE in Fort Myers, FL.
4. Pre-, During, Post-Construction and Engineer of Record Services
As the engineer of record, the CONSULTANT will conduct pre-, during- and post-construction
tasks necessary for certification of the project. Before construction begins, the
CONSULTANT will finalize the FDEP NTP requirements, notify USAGE of project
commencement and coordinate with the selected Contractor as required. The
CONSULTANT engineer will attend the pre-construction meeting in person and additional
team members will participate in the meeting via phone as necessary. The CONSULTANT will
adjust the construction template once, prior to construction, if needed based on the results of
the pre- construction survey collected by the CONSULTANT and in consultation with the
County.
During construction, the CONSULTANT will support the County's inspection efforts and
perform weekly site visits to inspect the work at the beach and the sand mine. The
CONSULTANT will provide a checklist to be used by County inspectors to monitor daily
construction. It is expected that the County's inspectors will monitor the CONSULTANT's
water quality reporting to FDEP and account for sand delivered on a daily basis for project
tracking and payment. The CONSULTANT can assist with reviewing sand delivery quantities.
Once a week, the CONSULTANT engineers will review the daily reports and consult on
construction activities. The CONSULTANT will coordinate site visits to allow for in-person
attendance at the construction progress meetings. During the CONSULTANT's site visits,
we will spot check the project construction progress to determine if the CONSULTANT is in
substantial compliance with both contract documents and project permits as well as collect
photographic documentation of construction.
The CONSULTANT will serve as the engineer of record for this project and will visit the site
once during construction and once after construction is completed. After receipt of
necessary project documentation, the engineer of record will prepare the project
certification. Based largely on surveys, daily reports and observations made by the dredge
contractor and County inspectors, the CONSULTANT will prepare a certification to supplement
the annual monitoring report that is to be performed by others.
During construction, samples representing the delivered material will be collected and visually
inspected by County construction observers. As needed, samples will be archived or analyzed
by a County or contractor contracted laboratory. Post-construction samples as prescribed in
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the sediment QA/QC plan will be collected by County or the CONSULTANT observers and
analyzed by the County or contractor's contracted laboratory. The CONSULTANT will assist
with compliance of the sediment QA/QC plan by incorporating the lab results into the post-
construction certification to the agencies.
The CONSULTANT will review in progress and final applications for payment and will make
recommendations to the County. The annual monitoring survey and report is not part of this
proposal.
5. Pelican Bay Design, Plans & Specifications, Bidding and Construction Services
The CONSULTANT will perform the services described in Tasks 1, 2, 3 & 4 for Pelican Bay
and the County beaches. Task 5 will be used to separate out costs associated with the work
for the Pelican Bay portion of the larger renourishment project. These services in summary will
include: beach design, preparation of construction plans, technical specifications, bidding
assistance and agency coordination, and engineer of record services.
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SCHEDULE B
BASIS OF COMPENSATION
TIME AND MATERIAL
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice, a progress report reflecting the Project design and construction status, in
terms of the total work effort estimated to be required for the completion of the Basic Services
and any then-authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage complete
of each item.
B1.1.1 All monthly status reports and invoices shall be mailed to the attention
Of Harry Sells, 3299 East Tamiami Trail, Suite 103, Naples, FL 34112, (239) 252-4980.
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly
payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and
Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no
event shall such compensation exceed the amounts set forth in the table below.
ITEM PHASE NOT TO EXCEED
AMOUNT:
1 Alongshore Sand Transport Coordination $9,952.00
2 Beach Design, Construction Plans&Specifications $30,691.70
3 Renourishment Bidding Assistance&Agency Coordination $12,362.70
4 Pre-, During-, Post-Construction and Engineer of Record Services $41,343.20
5 Pelican Bay Design, P&S, Bidding, and Construction Services $17,406.70
TOTAL FEE (Total Items 1-5) $111,756.30
B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive)
paid to CONSULTANT'S personnel, with respect to this Project, including all indirect
payroll related costs and fringe benefits, all in accordance with and not in excess of the
rates set forth in the Attachment I to this Schedule B.
B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time
records, and any other documentation reasonably required by OWNER, regarding
CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and
approved by OWNER.
B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees
to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the
services to be provided. The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or
Additional Services without OWNER'S prior written approval.
B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed
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under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out-of-pocket expenses incurred in the performance of all such
services.
8.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one invoice
per month for all fees and Reimbursable Expenses earned that month for both Basic
Services and Additional Services. Invoices shall be reasonably substantiated, identify the
services rendered and must be submitted in triplicate in a form and manner required by
Owner. Additionally, the number of the purchase order granting approval for such
services shall appear on all invoices.
B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non-payment under the legal doctrine of"laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and the Project name and shall not be submitted more than one time monthly.
B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the
applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage
Owner has determined CONSULTANT has completed such task as of that particular
monthly billing.
B.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
B.3.5 Unless specific rates have been established in Attachment 1, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsuitant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
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B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without
mark-up by the CONSULTANT, and shall consist only of the following items:
5. B.3.5.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and
Specifications.
6. B.3.5.1.2.Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by OWNER.
Such expenses, if approved by OWNER, may include coach airfare,
standard accommodations and meals, all in accordance with section
112.061, F.S. Further, such expenses, if approved by OWNER, may
include mileage for trips that are from/to destinations outside of Collier
or Lee Counties. Such trips within Collier and Lee Counties are
expressly excluded.
B.3.5.1.3. Permit Fees required by the Project.
B.3.5.1.4 Expense of overtime work requiring higher than regular rates approved
in advance and in writing by OWNER.
B.3.5.1.5 Expense of models for the County's use.
B.3.5.1.6 Other items on request and approved in writing by the OWNER.
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ATTACHMENT 1
SCHEDULE B
CONSULTANTS HOURLY RATE SCHEDULE
Title Hourly Rate
Principal $207.00
Senior Project Manager $173.00
Project Manager $148.00
Senior Engineer $158.00
Engineer $124.00
Senior Inspector $97.00
Inspector $77.00
Senior Planner $140.00
Planner $111.00
Senior Designer $115.00
Designer $95.00
Environmental Specialist $110.00
Senior Environmental Specialist $135.00
Scientist/Geologist $94.00
Senior Scientist/Geologist $119.00
Marine Biologist/Hydrogeologist $111.00
Senior Marine Biologist/Hydrogeologist $139.00
Senior GIS Specialist $146.00
GIS Specialist $103.00
Clerical/Administrative $63.00
Senior Technician $86.00
Technician $73.00
Surveyor and Mapper $121.00
CAD Technician $82.00
Survey Crew-2 man $136.00
Survey Crew- 3 man $172.00
Survey Crew-4 man $205.00
Senior Architect $155.00
Architect $122.00
The above hourly rates are applicable to Time and Materials task(s) only. The above list may
not be all inclusive. Additional hourly rates for other personnel may be added upon mutual
agreement in advance and in writing by the Project Manager and the Consultant.
Subconsultant fees are included in the Schedule B, Section B.2.1. Invoices for subconsultant
services which have been provided on a Time and Materials basis shall include a reference to
the appropriate phase at the time the invoice is submitted, along with the appropriate associated
hourly rate.
END OF SCHEDULE B.
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SCHEDULE C
PROJECT MILESTONE SCHEDULE
Cumulative Number
of Calendar Days
For Completion
Item/Task Description from Date of
Notice to Proceed for
Services under this
Agreement
1 Alongshore Sand Transport Coordination TBD
2 Beach Design, Construction Plans& TBD
Specifications
3 Renourishment Bidding Assistance & TBD
Agency Coordination
4 Pre-, During-, Post-Construction and TBD
Engineer of Record Services
5 Pelican Bay Design, P&S, Bidding, and 365
Construction Services
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SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements
or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any
of the below listed minimum required coverages, CONSULTANT must identify on the Certificate
of Insurance the nature and amount of such self-insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the services until the date of completion and acceptance of the Project by the OWNER or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the
OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages
and limits required hereunder. In addition, certified, true and exact copies of all insurance
polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
certificates shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until at least thirty (30) days prior written notice has been given to
the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24)
hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverages or limits received by CONSULTANT from its insurer, and nothing contained herein
shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in
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the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or
self insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not constitute
approval or agreement by the OWNER that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and maintain, until
the completion of the subconsultant's services, insurance of the types and to the limits specified
in this Section except to the extent such insurance requirements for the subconsultant are
expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand,
OWNER has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall
be under no obligation to purchase such insurance, nor shall it be responsible for the coverages
purchased or the insurance company or companies used. The decision of the OWNER to
purchase such insurance coverages shall in no way be construed to be a waiver of any of its
rights under the Agreement.
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
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CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of
the CONSULTANT to provide the OWNER with such renewal certificate(s) shall be deemed a
material breach by CONSULTANT and OWNER may terminate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? X Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one, if applicable)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
X $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER and the
policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work. Call Risk if yes for specifics
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Applicable X Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work. Call Risk if yes for specifics
Applicable X Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement?_X__Yes No
(1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance
by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the
following:
Single Limit per Occurrence $300,000
Products/Completed Operations Aggregate $300,000
Aggregate $300,000
Single Limit per Occurrence $500,000
Products/Completed Operations Aggregate $500,000
Aggregate $500,000
X Single Limit per Occurrence $1,000,000
Products/Completed Operations Aggregate $2,000,000
Aggregate $2,000,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
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— Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects
away from premises owned by or rented to you." Applicable deductibles or self-insured
retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured
retentions carried by the CONSULTANT shall be subject to the approval of the Risk
Management Director or his/her designee.
(3) The OWNER, Collier County Government, shall be named as an Additional Insured
and the policy shall be endorsed that such coverage shall be primary to any similar coverage
carried by the OWNER.
(4) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Call Risk if yes for specifics
Applicable Not Applicable
(5) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement. Call Risk if yes for specifics
Applicable X Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? X Yes No
(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less
than:
Bodily Injury & Property Damage- $ 500,000
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_X Bodily Injury & Property Damage- $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? X Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under
this insurance. Such insurance shall have limits of not less than:
$ 500,000 each claim and in the aggregate
_X $1,000,000 each claim and in the aggregate
$2,000,000 each claim and in the aggregate
$5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the OWNER. —�
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(3) The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to OWNER of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material
change in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1) In the sole discretion of the County, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
PROJECT PROFESSIONAL LIABILITY
(1) If OWNER notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and
OWNER'S insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT'S professional
liability policy. If no credit is available from CONSULTANT'S current professional policy
underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next
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renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent
professional liability policies that renew during the term of the project policy). CONSULTANT
agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for
the provision of project-specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured
consultants.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
c. Current deductibles/self-insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
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SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the CONSULTANTs' Competitive Negotiation Act, Section 287.055,
Florida Statutes, CB&I Environmental & Infrastructure, Inc. hereby certifies that wages, rates
and other factual unit costs supporting the compensation for the services of the CONSULTANT
to be provided under the Professional Services Agreement, concerning 2016 Beach
Renourishment Design are accurate, complete and current as of the time of contracting.
CB&l Environmental & Infrastructure, Inc.
BY:
TITLE:
DATE:
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SCHEDULE F
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
Name Title Percentage of
Work
Thomas Pierro, PE Principal <5%
Stephen Keehn, PE Senior Project Manager (EOR) 10%
Tara Brenner, PG, El Project Manager 30%
Adam Harris Planner/Coastal Eng. 1 30%
Lauren Floyd Senior Marine Biologist 10%
Angela Belden Senior GIS/CAD Specialist <5%
Gary Krystyniak GIS/CAD Specialist 15%
Mike Lowiec, PSM Surveyor& Mapper <5%
Evan Cook Scientist/Surveyor I <5%
Kristina McCoy, PG Senior Scientist/Geologist <5%
Andrew Atchison Scientist/Geologist <5%
Tracie McCauley Clerical/Administrative <5%
1.-1 tc,'
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