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#16-7016 (Kisinger Campo & Assoc) PSA SINGLE PROJECT AGREEMENT CCNA Solicitation#16-7016 Contract# 16-7016 "Independent Peer Review of Bridge Replacement or Rehabilitation Projects, Project Number 66066" PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this (041'` day of ( 0(joe - , 2011 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 Kisinger Campo & Associates, Corp., a corporation authorized to do business in the State of Florida, whose business address is 201 North Franklin Street, Suite 400, Tampa, Florida 33602 (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional Independent Peer Review services of the CONSULTANT concerning Independent Peer Review of Bridge Replacement or Rehabilitation Projects, Project Number 66066 (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: Page 1 of 42 PSA SINGLE PROJECT AGREEMENT CCNA Solicitation#16-7016 ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Independent Peer Review 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 Jason LaBarbara, PE 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 has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating Page 2 of 42 CNS. PSA SINGLE PROJECT AGREEMENT CCNA Solicitation#16-7016 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: Page 3 of 42 PSA SINGLE PROJECT AGREEMENT CCNA I Solicitation#16-7016 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'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 Contractor 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 Contractor 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 Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor 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 Page 4 of 42 PSA SINGLE PROJECT AGREEMENT CCNA Solicitation#16-7016 agency's custodian of public records, in a 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 Contractor 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 performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or Page 5 of 42 PSA SINGLE PROJECT AGREEMENT CCNA I Solicitation#16-7016 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 2.1. 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 or property, any Additional Services must be approved in writing via a Change Order or an Page 6 of 42 0 PSA SINGLE PROJECT AGREEMENT CCNA Solicitation#16-7016 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: 2.2. 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. 2.3. 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. Page 7 of 42 PSA SINGLE PROJECT AGREEMENT CCNA Solicitation#16-7016 2.4. Providing renderings or models for OWNER'S use. 2.5. 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. 2.6. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.7. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWN ER's office. 2.8. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.9. 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). 2.10. 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 Page 8 of 42 0 PSA SINGLE PROJECT AGREEMENT CCNA Solicitation#16-7016 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; (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 Page 9 of 42 0 PSA SINGLE PROJECT AGREEMENT CCNA I Solicitation#16-7016 (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. 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. Page 10 of 42 PSA SINGLE PROJECT AGREEMENT CCNA Solicitation#16-7016 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. 4.4. 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 "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 Page 11 of 42 PSA SINGLE PROJECT AGREEMENT CCNA I Solicitation#16-7016 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 contractor 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 contractor'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 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 Page 12 of 42 (5;),) PSA SINGLE PROJECT AGREEMENT CCNA 1 Solicitation#16-7016 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 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. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall defend, 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, Page 13 of 42 PSA SINGLE PROJECT AGREEMENT CCNA I Solicitation#16-7016 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. 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. Page 14 of 42C) PSA SINGLE PROJECT AGREEMENT CCNA Solicitation#16-7016 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, 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. Page 15 of 42 • PSA SINGLE PROJECT AGREEMENT CCNA Solicitation#16-7016 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. All personnel 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. 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. Page 16 of 42 PSA SINGLE PROJECT AGREEMENT CCNA i Solicitation#16-7016 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 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 Page 17 of 42 PSA SINGLE PROJECT AGREEMENT CCNA I Solicitation#16-7016 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 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 Page 18 of 42 0 PSA SINGLE PROJECT AGREEMENT CCNA I Solicitation#16-7016 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 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 Page 19 of 42 PSA SINGLE PROJECT AGREEMENT CCNA Solicitation#16-7016 and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S 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. 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: Page 20 of 42 PSA SINGLE PROJECT AGREEMENT CCNA Solicitation#16-7016 Board of County Commissioners Collier County Florida c/o Growth Management Department Transportation Engineering Division 2885 South Horseshoe Drive Naples, Florida 34104 Attention: Anthony O. Stolts, PE Telephone: 239-252-5835 Email: anthonystoltsacollierciov.net 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: Kisinger Campo & Associates, Corp. 201 North Franklin Street, Suite 400 Tampa, Florida 33602 Attn: Jason LaBarbera, PE Phone: 813-871-5331 Email: Jason.labarberakisinqercampo.com 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. 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. Page 21 of 42 PSA SINGLE PROJECT AGREEMENT CCNA I Solicitation#16-7016 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: 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 Page 22 of 42 PSA SINGLE PROJECT AGREEMENT CCNA I Solicitation#16-7016 RFP # 16-7016 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. 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: Page 23 of 42 GACA; PSA SINGLE PROJECT AGREEMENT CCNA I Solicitation#16-7016 "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 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. Page 24 of 42 PSA SINGLE PROJECT AGREEMENT CCNA Solicitation#16-7016 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. ********** Page 25 of 42 , i PSA SINGLE l'ItOECT A( REHMEN 1 cCNA 1 Solicitation 1116-7016 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Independent Peer Review the day and year first written above. ATTEST: -, BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, Dwi. E: Brock Qirk , Date: 11)/Is ir4 By IC) Attest as.to Chaimian's Penny Tayl." hairman Or signature only. Kisinger Campo & Associates. Corp. By: Witne Madge L. Miller, Contracts Coordinator Paul G. Foley, P.E., President Name and Title Name and Title Ult t3-1).Kt CAO Wtness Veronica N. Green, Contracts Assistant Name and Title , As er0V7• :s te • f •nd Legality: lir iPv &___ _ uty County Attorney Cciii- (c) lel 4., _ Name 40 Page 26 of 42 el PSA SINGLE PROJECT AGREEMENT CCNA Solicitation#16-7016 SCHEDULE A SCOPE OF SERVICES "Schedule A to follow Exhibit F" A-1 PSA SINGLE PROJECT AGREEMENT CCNA Solicitation#16-7016 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 status, in terms of the total work effort estimated to be required for the completion of the 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. 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 Project NOT TO EXCEED AMOUNT: 1. Eleven Bridge Replacements Project, $114,734.00 Project Number 66066.12 2. Design and Related Services for Stan $17,948.00 Gober Memorial Bridge Repair/Rehabilitation Project, Project Number 66066.2, Bridge Number 030184 3. Design and Related Services for CR- $34,880.00 846/ lmmokalee Rd over Gator Canal Bridge Replacement or Rehabilitation Project, Project Number 66066.13, Bridge Number 030160 4. Design and Related Services for Palm $34,880.00 River Boulevard over Palm River Canal Bridge Replacement Project, Project 66066.14, Bridge Number 034046 TOTAL FEE (Total Items 1-4) $202,442.00 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 B-1 PSA SINGLE PROJECT AGREEMENT CCNA Solicitation#16-7016 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 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. B.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 B-2 PSA SINGLE PROJECT AGREEMENT CCNA I Solicitation#16-7016 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 subconsultant 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. 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: 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. 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. B-3 PSA SINGLE PROJECT AGREEMENT CCNA Solicitation#16-7016 Attachment 1 SCHEDULE B CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Principal Engineer $234.00 Senior Project Manager $172.00 Senior Engineer $165.00 Engineer $123.00 Designer $103.00 Senior Environmental Specialist $134.00 CEI Senior Project Engineer $172.00 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, without further Board approval. B-4 S PSA SINGLE PROJECT AGREEMENT CCNA I Solicitation#16-7016 SCHEDULE C PROJECT MILESTONE SCHEDULE Cumulative Number of Calendar Days For Completion Item Description/Project from Date of Notice to Proceed for Services under this Agreement* 1 Eleven Bridge Replacements Project, 730 Days Project Number 66066.12 y Design and Related Services for Stan 2 Gober Memorial Bridge 730 Days Repair/Rehabilitation Project, Project y Number 66066.2, Bridge Number 030184 Design and Related Services for CR-846/ Immokalee Rd over Gator Canal Bridge 3. Replacement or Rehabilitation Project, 730 Days Project Number 66066.13, Bridge Number 030160 Design and Related Services for Palm 4 River Boulevard over Palm River Canal 730 Days Bridge Replacement Project, Project 66066.14, Bridge Number 034046 *The above task items will run concurrently for a total duration of 730 calendar days. C-1 PSA SINGLE PROJECT AGREEMENT CCNA Solicitation#16-7016 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 D-1 PSA SINGLE PROJECT AGREEMENT CCNA 1 Solicitation#16-7016 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 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. D-2 PSA SINGLE PROJECT AGREEMENT CCNA 1 Solicitation#16-7016 (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 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 Contractor 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) 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. D-3 PSA SINGLE PROJECT AGREEMENT CCNA Solicitation#16-7016 Applicable X Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. 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: 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 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 D-4 PSA SINGLE PROJECT AGREEMENT CCNA Solicitation#16-7016 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) Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. (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. Applicable X 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. Applicable X Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No D5 OG PSA SINGLE PROJECT AGREEMENT CCNA Solicitation#16-7016 (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: 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: X $1,000,000 each claim and in the aggregate D-6 t9 PSA SINGLE PROJECT AGREEMENT CCNA 1 Solicitation#16-7016 (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. (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. D-7 PSA SINGLE PROJECT AGREEMENT CCNA Solicitation#16-7016 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 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 D-8 (61.D.) PSA SINGLE.I'KOJICI'AGREEMENT CCNA Solicitation#16-7016 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Kisinger Campo & Associates, Corp. 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 Independent Peer Review of Bridge Replacement or Rehabilitation Projects, Project Number 66066 are accurate, complete and current as of the time of contracting. Kisinger Campo & Associates, Corp. BY: / l (Paul G. Foley, P.E.) TITLE: President DATE: August 24, 2017 (00 PSA SINGLE PROJECT AGREEMENT CCNA Solicitation#16-7016 SCHEDULE F KEY PERSONNEL Name Personnel Category % of time Jason LaBarbera, P.E. Senior Project Manager 15% F-1 May 2017 EXHIBIT A SCOPE OF SERVICES FOR INDEPENDENT PEER REVIEW OF BRIDGE REPLACEMENT OR REHABILITATION PROJECTS PROJECT NUMBER: 66066 FOR BRIDGE NUMBERS: 030184, 030136, 030137, 030138, 030139, 030140, 030141, 030153, 030154, 030155, 030156, 030158, 030160 AND 034046 INCLUDED IN PROJECT NUMBERS: 66066.2, 66066.12, 66066.13 AND 66066.14 RFP NUMBER 16-7016 1 PURPOSE 4 2 PROJECT DESCRIPTION 6 3 PROJECT COMMON AND PROJECT GENERAL TASKS 14 4 ROADWAY ANALYSIS 18 5 ROADWAY PLANS 18 6A DRAINAGE ANALYSIS 18 6B DRAINAGE PLANS 18 7 UTILITIES 18 8 ENVIRONMENTAL PERMITS, COMPLIANCE AND CLEARANCES 18 9 STRUCTURES - SUMMARY AND MISCELLANEOUS TASKS AND DRAWINGS 18 10 STRUCTURES - BRIDGE DEVELOPMENT REPORT 18 11 STRUCTURES - TEMPORARY BRIDGE 18 12 STRUCTURES - SHORT SPAN CONCRETE BRIDGE 18 13 STRUCTURES - MEDIUM SPAN CONCRETE BRIDGE 19 14 STRUCTURES - STRUCTURAL STEEL BRIDGE 19 15 STRUCTURES - SEGMENTAL CONCRETE BRIDGE 19 16 STRUCTURES - MOVABLE SPAN 19 17 STRUCTURES - RETAINING WALLS 19 18 STRUCTURES - MISCELLANEOUS 19 19 SIGNING AND PAVEMENT MARKING ANALYSIS 19 20 SIGNING AND PAVEMENT MARKING PLANS 19 21 SIGNALIZATION ANALYSIS 19 22 SIGNALIZATION PLANS 19 23 LIGHTING ANALYSIS 20 24 LIGHTING PLANS 20 25 LANDSCAPE ARCHITECTURE ANALYSIS 20 26 LANDSCAPE ARCHITECTURE PLANS 20 27 SURVEY 20 28 PHOTOGRAMMETRY 20 29 MAPPING 20 30 TERRESTRIAL MOBILE LIDAR 20 31 ARCHITECTURE DEVELOPMENT 20 32 NOISE BARRIERS IMPACT DESIGN ASSESSMENT IN THE DESIGN PHASE 20 33 INTELLIGENT TRANSPORTATION SYSTEMS ANALYSIS 21 A-2 34 INTELLIGENT TRANSPORTATION SYSTEMS PLANS 21 35 GEOTECHNICAL 21 36 PROJECT REQUIREMENTS 22 37 INVOICING LIMITS 24 A-3 SCOPE OF SERVICES FOR CONSULTING ENGINEERING SERVICES BRIDGE/STRUCTURAL AND HIGWAY REVIEW Collier County Project Number: 66066 Description: Independent Peer Review of four bridge replacement or rehabilitation projects (fourteen bridges) in Collier County, Florida For Bridge Nos.: 030184, 030136, 030137, 030138, 030139, 030140, 030141, 030153, 030154, 030155, 030156, 030158, 030160 AND 034046 Included in: Project Nos.: 66066.2, 66066.12, 66066.13 AND 66066.14 1 PURPOSE The purpose of this Exhibit is to describe the scope of work and the responsibilities of the CONSULTANT and the COUNTY in connection with independent peer review services. The Firm submitting as the PRIME CONSULTANT at a minimum must be pre- qualified through the Florida Department of Transportation (FDOT) in the following work groups: Group 4.1 — Miscellaneous Structures and Minor Bridge Design Group 3.1 — Minor Highway Design The general objective is for the CONSULTANT to provide independent peer reviews (See Section 3.5) of Construction Contract Documents including plans, specifications, supporting engineering analysis, calculations, reports, permitting documentation, cost estimates and other technical documents submitted by design consultants for conformance with Florida Department of Transportation (FDOT) and COUNTY policy, procedures and requirements. These Construction Contract Documents will be used by the contractor to build the project and test the project components. These Construction Contract Documents will be used by the COUNTY or its Construction Engineering Inspection (CEI) representatives for inspection and final acceptance of the project. The CONSULTANT shall follow a process to ensure that all required project components are included in the Construction Contract Documents and the project can be built as designed and to specifications. The following Major and Minor work mixes/groups are applicable to the projects the CONSULTANT will be reviewing and shall be knowledgeable in each of these areas: Major work mix includes: Group 4 - Highway Design - Bridges and Group 3 - Highway Design - Roadway 1 PURPOSE A-4 RFP: 16-7016 Major work groups include: Group 4.1 - Miscellaneous Structures and Minor Bridge Design and Group 3.1 - Minor Highway Design Minor work mix/groups may include but are not limited to: Group 7.1 - Signing, Pavement Marking and Channelization; Group 8.1 - Control Survey; Group 8.2 - Design, Right of Way, & Construction Survey; Group 8.4 - Right of way Mapping and Group 9 - Soil Exploration, Materials Testing and Foundations. The CONSULTANT shall be aware that as the design projects being reviewed are developed, certain modifications and/or improvements to the original concepts may be required. The CONSULTANT shall review these refinements as necessary to complete the review services requested by the COUNTY. The CONSULTANT shall demonstrate good project management practices while working on this project. These include communication with the COUNTY and others as necessary, management of time and resources, and documentation. The CONSULTANT shall set up and maintain throughout the project a contract file that can be turned over to the COUNTY at the close of the project or at contract termination. Consultants are expected to know the laws and rules governing their professions and are expected to provide services in accordance with current regulations, codes and ordinances and recognized standards applicable to such professional services. The CONSULTANT shall provide qualified technical and professional personnel to perform to COUNTY standards and procedures, the duties and responsibilities assigned under the terms of this agreement. The CONSULTANT shall utilize the best engineering judgment, practices, and principals possible during the prosecution of the work commissioned under this contract. The CONSULTANT shall minimize to the maximum extent possible the COUNTY's need to apply its own resources to assignments authorized by the COUNTY. The COUNTY will provide contract administration and management services. 1 PURPOSE A-5 RFP: 16-7016 2 PROJECT DESCRIPTION The CONSULTANT shall investigate the status of each project to be reviewed and become familiar with concepts and commitments. The principle intent of this project is to provide independent peer review services for the replacement or rehabilitation of the following bridges: Bridge Nos.: 030184, 030136, 030137, 030138, 030139, 030140, 030141, 030153, 030154, 030155, 030156, 030158, 030160 AND 034046 Included in: Project Nos.: 66066.2, 66066.12, 66066.13 AND 66066.14 The primary objective of the bridge projects being reviewed is to replace or rehabilitate the bridges identified herein as soon as possible while limiting ancillary work to only what is necessary and/or required to replace or rehabilitate each bridge and provide safe roadway approaches (if applicable) per applicable codes, guidelines, regulations, permitting agency requirements, etcetera. For some of the projects being reviewed, the roadway approaches to each bridge will be designed to be resurfaced/reconstructed as necessary to satisfy the latest FDOT criteria. As a minimum, the design typical roadway section shall extend to the ends of the required guardrail systems. Appropriate tapers back to the existing roadway sections shall be provided beyond each guardrail system end. Exact project limits, components and configurations will vary for each project being reviewed based on actual permitting and project requirements. For each project to be reviewed, additional project related environmental mitigation improvements outside of the contractual project limits may be identified during project development and shall be included as part of the review process. 2.1 Project General and Roadway (Activities 3, 4, and 5): Not applicable. 2.2 Drainage (Activities 6a and 6b): Not applicable. 2.3 Utilities Coordination (Activity 7): Not applicable. 2.4 Environmental Permits, Compliances, and Clearances (Activity 8): Not applicable. 2.5 Structures (Activities 9 — 18): Not applicable. 2.6 Signing and Pavement Markings (Activities 19 & 20): Not applicable. 2.7 Signalization (Activities 21 & 22): Not applicable. 2 PROJECT DESCRIPTION A-6 RFP: 16-7016 2.8 Lighting (Activities 23 & 24): Not applicable. 2.9 Landscape Architecture (Activities 25 & 26): Not applicable. 2.10 Survey (Activity 27): Not applicable. 2.11 Photogrammetry (Activity 28): Not applicable. 2.12 Mapping (Activity 29): Not applicable. 2.13 Terrestrial Mobile LiDAR (Activity 30): Not applicable. 2.14 Architecture (Activity 31): Not applicable. 2.15 Noise Barriers (Activity 32): Not applicable. 2.16 Intelligent Transportation Systems (Activities 33 & 34): Not applicable. 2.17 Geotechnical (Activity 35): Not applicable. 2.18 Project Schedule To be determined by design project schedules. 2.19 Submittals To be determined by design project submittals. 2.20 Provisions for Work All work shall be prepared with English units in accordance with the latest editions of standards and requirements utilized by the FDOT and the COUNTY which include, but are not limited to, publications such as: ■ General o Title 29, Part 1910, Standard 1910.1001, Code of Federal Regulations (29 C.F.R. 1910.1001) — Asbestos Standard for Industry, U.S. Occupational Safety and Health Administration (OSHA) o 29 C.F.R. 1926.1101 —Asbestos Standard for Construction, OSHA o 40 C.F.R. 61, Subpart M - National Emission Standard for Hazardous Air Pollutants (NESHAP), Environmental Protection Agency (EPA) o 40 C.F.R. 763, Subpart E — Asbestos-Containing Materials in Schools, EPA o 40 C.F.R. 763, Subpart G —Asbestos Worker Protection, EPA o Americans with Disabilities Act (ADA) Standards for Accessible Design o AASHTO —A Policy on Design Standards Interstate System o AASHTO — Roadside Design Guide o AASHTO — Roadway Lighting Design Guide 2 PROJECT DESCRIPTION A-7 RFP: 16-7016 o AASHTO —A Policy for Geometric Design of Highways and Streets o AASHTO — Highway Safety Manual o Rule Chapter 5J-17, Florida Administrative Code (F.A.C.), Minimum Technical Standards for Professional Surveyors and Mappers o Chapter 469, Florida Statutes (F.S.) —Asbestos Abatement o Rule Chapter 62-257, F.A.C., Asbestos Program o Rule Chapter 62-302, F.A.C., Surface Water Quality Standards o Code of Federal Regulations (C.F.R.) o Florida Administrative Codes (F.A.C.) o Chapters 20, 120, 215, 455, Florida Statutes (F.S.) — Florida COUNTY of Business & Professional Regulations Rules o Florida COUNTY of Environmental Protection Rules o FDOT Basis of Estimates Manual o FDOT Computer Aided Design and Drafting (CADD) Manual o FDOT Design Standards o FDOT Flexible Pavement Design Manual o FDOT - Florida Roundabout Guide o FDOT Handbook for Preparation of Specifications Package o FDOT Instructions for Design Standards o FDOT Instructions for Structures Related Design Standards o FDOT Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways ("Florida Greenbook") o FDOT Materials Manual o FDOT Pavement Type Selection Manual o FDOT Plans Preparation Manual o FDOT Procedures and Policies o FDOT Project Development and Environmental Manual o FDOT Project Traffic Forecasting Handbook o FDOT Public Involvement Handbook o FDOT Rigid Pavement Design Manual o FDOT Standard Specifications for Road and Bridge Construction o FDOT Utility Accommodation Manual o Federal Highway Administration (FHWA) - Manual on Uniform Traffic Control Devices (MUTCD) o FHWA — National Cooperative Highway Research Program (NCHRP) Report 672, Roundabouts: An Informational Guide o FHWA Roadway Construction Noise Model (RCNM) and Guideline Handbook o Florida Fish and Wildlife Conservation Commission - Standard Manatee Construction Conditions 2005 o Florida Statutes (F.S.) o Florida's Level of Service Standards and Guidelines Manual for Planning o Model Guide Specifications — Asbestos Abatement and Management in Buildings, National Institute for Building Sciences (NIBS) o Quality Assurance Guidelines 2 PROJECT DESCRIPTION A-8 RFP: 16-7016 o Safety Standards o Any special instructions from the COUNTY ■ Roadway o FDOT — Florida Intersection Design Guide o FDOT - Project Traffic Forecasting Handbook o FDOT - Quality/Level of Service Handbook o Florida's Level of Service Standards and Highway Capacity Analysis for the SHS o Transportation Research Board (TRB) - Highway Capacity Manual ■ Permits o Chapter 373, F.S. —Water Resources o US Fish and Wildlife Service Endangered Species Programs o Florida Fish and Wildlife Conservation Commission Protected Wildlife Permits o Bridge Permit Application Guide, COMDTPUB P16591.3C o Building Permit ■ Drainage o FDOT Bridge Hydraulics Handbook o FDOT Culvert Handbook o FDOT Drainage Manual o FDOT Erosion and Sediment Control Manual o FDOT Exfiltration Handbook o FDOT Hydrology Handbook o FDOT Open Channel Handbook o FDOT Optional Pipe Materials Handbook o FDOT Storm Drain Handbook o FDOT Stormwater Management Facility Handbook o FDOT Temporary Drainage Handbook o FDOT Drainage Connection Permit Handbook o FDOT Bridge Scour Manual ■ Survey and Mapping o All applicable Florida Statutes and Administrative Codes o Applicable Rules, Guidelines Codes and authorities of other Municipal, County, State and Federal Agencies. o FDOT Aerial Surveying Standards for Transportation Projects Topic 550-020-002 o FDOT Right of Way Mapping Handbook o FDOT Surveying Procedure Topic 550-030-101 o Florida COUNTY of Transportation Right of Way Procedures Manual o Florida COUNTY of Transportation Surveying Handbook o Right of Way Mapping Procedure 550-030-015 ■ Traffic Engineering and Operations and ITS 2 PROJECT DESCRIPTION (Qj A-9 RFP: 16-7016 o AASHTO -An Information Guide for Highway Lighting o AASHTO - Guide for Development of Bicycle Facilities o FHWA Standard Highway Signs Manual o FDOT Manual on Uniform Traffic Studies (MUTS) o FDOT Median Handbook o FDOT Traffic Engineering Manual o National Electric Safety Code o National Electrical Code ■ Florida's Turnpike Enterprise o Florida's Turnpike Plans Preparation and Practices Handbook (TPPPH) o Florida's Turnpike Lane Closure Policy o Florida's Turnpike Drainage Manual Supplement o Rigid Pavement Design Guide for Toll Locations with Electronic Toll Collection o Flexible Pavement Design Guide for Toll Locations with Electronic Toll Collection o Florida's Turnpike General Tolling Requirements (GTR) o Additional Florida's Turnpike Enterprise standards, guides, and policies for design and construction can be found on the FTE Design Website: http://design.floridasturnpike.com ■ Traffic Monitoring o American Institute of Steel Construction (AISC) Manual of Steel Construction, referred to as "AISC Specifications" o American National Standards Institute (ANSI) RP-8-00 Recommended Practice for Roadway Lighting o AASHTO AWS D1.1/ANSI Structural Welding Code — Steel o AASHTO D1.5/AWS D1.5 Bridge Welding Code o FHWA Traffic Detector Handbook o FDOT General Interest Roadway Data Procedure o FHWA Traffic Monitoring Guide o FDOT's Traffic/Polling Equipment Procedures ■ Structures o AASHTO Load and Resistance Factor Design (LRFD) Bridge Design Specifications and Interims o AASHTO LRFD Movable Highway Bridge Design Specifications and Interims o AASHTO Standard Specifications for Structural Supports for Highway Signs, Luminaires and Traffic Signals, and Interims. o AASHTO/-AWS-D1. 5M/D1.5: An American National Standard Bridge Welding Code o AASHTO Guide Specifications for Structural Design of Sound Barriers o AASHTO Manual for Condition Evaluation and Load and Resistance Factor Rating (LRFR) of Highway Bridges 2 PROJECT DESCRIPTION A-10 ` RFP: 16-7016 o FDOT Bridge Load Rating Manual o FDOT Structures Manual o FDOT Structures Design Bulletins (available on FDOT Structures web site only) • Geotechnical o FHWA Checklist and Guidelines for Review of Geotechnical Reports and Preliminary Specifications o Manual of Florida Sampling and Testing Methods o Soils and Foundation Handbook • Landscape Architecture o Florida COUNTY of Agriculture and Consumer Services Grades and Standards for Nursery Plants • Architectural o Building Codes o Florida Building Code: • Building • Fuel Gas • Mechanical • Plumbing • Existing Building o Florida Accessibility Code for Building Construction o Rule Chapter 60D, F.A.C., Division of Building Construction o Chapter 553, F.S. — Building Construction Standards o ANSI A117.1 2003 Accessible and Usable Building and Facilities o Titles II and III, Americans With Disabilities Act (ADA), Public Law 101- 336; and the ADA Accessibility Guidelines (ADAAG) • Architectural — Fire Codes and Rules o National Fire Protection Association (NFPA) - Life Safety Code o NFPA 70 - National Electrical Code o NFPA 101 - Life Safety Code o NFPA 10 - Standard for Portable Fire Extinguishers o NFPA 11 - Standard for Low-Expansion Foam Systems o NFPA 11A - Standard for High- and Medium-Expansion Foam Systems o NFPA 12 - Standard for Carbon Dioxide Extinguishing Systems o NFPA 13 - Installation of Sprinkler Systems o NFPA 30 - Flammable and Combustible Liquids Code o NFPA 54 - National Gas Fuel Code o NFPA 58 - LP-Gas Code o Florida Fire Prevention Code as adopted by the State Fire Marshal — Consult with the Florida State Fire Marshal's office for other frequently used codes. 2 PROJECT DESCRIPTION A-11 RFP: 16-7016 • Architectural — Extinguishing Systems o NFPA 10 - Fire Extinguishers o NFPA 13 - Sprinkler o NFPA 14 - Standpipe and Hose System o NFPA 17 - Dry Chemical o NFPA 20 - Centrifugal Fire Pump o NFPA 24 - Private Fire Service Mains o NFPA 200 - Standard on Clean Agent Fire Extinguishing Systems • Architectural — Detection and Fire Alarm Systems o NFPA 70 - Electrical Code o NFPA 72 - Standard for the Installation, Maintenance and Use of Local Protective Signaling Systems o NFPA 72E - Automatic Fire Detectors o NFPA 72G - Installation, Maintenance, and Use of Notification Appliances o NFPA 72H -Testing Procedures for Remote Station and Proprietary Systems o NFPA 74 - Household Fire Warning Equipment o NFPA 75 - Protection of Electronic Computer Equipment • Architectural — Mechanical Systems o NFPA 90A - Air Conditioning and Ventilating Systems o NFPA 92A - Smoke Control Systems o NFPA 96 - Removal of Smoke and Grease-Laden Vapors from Commercial Cooking Equipment o NFPA 204M - Smoke and Heating Venting • Architectural — Miscellaneous Systems o NFPA 45 - Laboratories Using Chemicals o NFPA 80 - Fire Doors and Windows o NFPA 88A - Parking Structures o NFPA 105- Smoke and Draft-control Door Assemblies o NFPA 110 - Emergency and Standby Power Systems o NFPA 220 - Types of Building Construction o NFPA 241 - Safeguard Construction, Alteration, and Operations o Rule Chapter 69A-47, F.A.C., Uniform Fire Safety For Elevators o Rule Chapter 69A-51, F.A.C., Boiler Safety • Architectural — Energy Conservation o Rule Chapter 60D-4, F.A.C., Rules For Construction and Leasing of State Buildings To Insure Energy Conservation o Section 255.255, F.S., Life-Cycle Costs • Architectural — Elevators o Rule Chapter 61C-5, F.A.C., Florida Elevator Safety Code o ASME A-17.1, Safety Code for Elevators and Escalators 2 PROJECT DESCRIPTION A-12 RFP: 16-7016 o Architectural — Floodplain Management Criteria o Section 255.25, F.S., Approval Required Prior to Construction or Lease of Buildings o Rules of the Federal Emergency Management Agency (FEMA) ■ Architectural — Other o Rule Chapter 64E-6, F.A.C., Standards for On Site Sewage Disposal Systems (Septic Tanks) o Rule Chapter 62-600, F.A.C., Domestic Wastewater Facilities o Rule Chapter 62-761, F.A.C., Underground Storage Tank Systems o American Concrete Institute o American Institute of Architects - Architect's Handbook of Professional Practice o American Society for Testing and Materials - ASTM Standards o Brick Institute of America o DMS - Standards for Design of State Facilities o Florida Concrete Products Association o FDOT —ADA/Accessibility Procedure o FDOT — Building Code Compliance Procedure o FDOT — Design Build Procurement and Administration o LEED (Leadership in Energy and Environmental Design) Green Building Rating System o National Concrete Masonry Association o National Electrical Code o Portland Cement Association - Concrete Masonry Handbook o United State Green Building Council (USGBC) 2.21 Services to be Performed by the COUNTY when appropriate and /or available, the COUNTY will provide project data/services including: • The COUNTY will transmit all applicable project documents to initiate each review. • Prior to each submittal review, the County will specify which disciplines should be involved in the review process. 2 PROJECT DESCRIPTION A-13 v'.) RFP: 16-7016 3 PROJECT COMMON AND PROJECT GENERAL TASKS Project Common Tasks Project Common Tasks, as listed below, are work efforts that are applicable to many project activities. These tasks are to be included in the project scope in each applicable activity when the described work is to be performed by the CONSULTANT. Cost Estimates: The CONSULTANT shall be responsible for reviewing the cost estimates when scope changes occur and/or at milestones of the projects. Technical Special Provisions: The CONSULTANT shall review Technical Special Provisions for all items of work not covered by the FDOT Standard Specifications for Road and Bridge Construction and the workbook of implemented modifications. Field Review(s): Not anticipated for this project at this time. Technical Meetings: The CONSULTANT shall attend all technical meetings necessary to execute the Scope of Services of this contract. This includes meetings with COUNTY and/or Agency staff and the project design consultants for progress review meetings (phase review), and miscellaneous meetings. Quality Assurance/Quality Control: It is the intention of the COUNTY that CONSULTANTS, including their subconsultant(s), are held responsible for their work. Independent Peer Review, Constructability Review and/or Value Engineering: Please see section 3.5 for details. Supervision: The CONSULTANT shall supervise all technical review activities. Coordination: The CONSULTANT shall coordinate with all disciplines of the project to conduct reviews of the construction documents. Project General Tasks Project General Tasks represent work efforts that are applicable to the project as a whole and not to any one or more specific project activity. The work described in these tasks shall be performed by the CONSULTANT when included in the project scope. 3.1 Public Involvement: Not applicable. 3.1.1 Community Awareness Plan: Not applicable. 3 PROJECT COMMON AND PROJECT GENERAL TASKS A-14 RFP: 16-7016 3.1.2 Notifications: Not applicable. 3.1.3 Preparing Mailing Lists: Not applicable. 3.1.4 Median Modification Letters: Not applicable. 3.1.5 Driveway Modification Letters: Not applicable. 3.1.6 Newsletters: Not applicable. 3.1.7 Renderings and Fly-Throughs: Not applicable. 3.1.8 PowerPoint Presentations: Not applicable. 3.1.9 Public Meeting Preparations: Not applicable. 3.1.10 Public Meeting Attendance and Follow-up: Not applicable. 3.1.11 Other Agency Meetings: Not applicable. 3.1.12 Web Site: Not applicable. 3.2 Joint Project Agreements: Not applicable. 3.3 Specifications Package Preparation: Not applicable. 3.4 Contract Maintenance and Electronic Document Management: Contract maintenance includes project management effort for complete setup and maintenance of files, developing monthly progress reports, COUNTY invoicing, schedule updates, work effort to develop and execute agreements, etc. 3.5 Value Engineering (Multi-Discipline Team) Review Independent Peer Review, Constructability Review and/or identification of Value Engineering opportunities are included under this scope item. Independent Peer Reviews shall be conducted by multi-disciplined teams of personnel for each bridge replacement or rehabilitation project to be reviewed as defined in this scope of services. The primary intent of these reviews is to verify conformance of the assigned project with all applicable COUNTY and FDOT standards/requirements, and evaluate the constructability/bidability of the project. Each review shall ensure the design/contract documents meet or exceed the FDOT PPM, FDOT Design Guidelines, FDOT and COUNTY Design Standards, FDOT CADD Manual, all applicable codes, etcetera and that 3 PROJECT COMMON AND PROJECT GENERAL TASKS A-15 V3 RFP: 16-7016 each project can be constructed and paid for as designed. Also, these reviews shall identify possible Value Engineering opportunities that may improve the value of each project to the maximum extent possible. The definition of improving value shall include, minimizing the overall cost of construction and maintenance, while maintaining quality, and minimizing the negative impacts on the public. The CONSULTANT shall participate, as described herein, in reviews at the: BDR, Phase I (30%), Phase II (60%), and Phase III (90%) [As applicable]. The CONSULTANT shall also participate, as described herein, in a final review at the Phase IV (100%) submittal for the purpose of verifying that all previous review comments have been addressed adequately. Submittal schedules will be developed/provided by each projects design consultant (to be approved by the COUNTY) for each project to be reviewed. Not all projects will have all of the submittal phases defined herein. The extent of each submittal review will vary based on the development/progression of each design project. Prior to each submittal review, the CONSULTANT shall coordinate with the COUNTY to determine what items require review. Beyond the primary structures items, other associated/ancillary items may require review, including but are not limited to, bridge hydraulic reports, preliminary/final geotechnical reports, permitting documentation, roadway design documents, roadway plans, maintenance of traffic plans, utility relocation plans, utility design documents and drainage/hydraulics design documents. The COUNTY will direct the CONSULTANT as to which disciplines are to be involved during each review. The CONSULTANT's review team shall include personnel that do not have knowledge of the day to day design efforts of the assigned projects, have not worked on the plan component that is being reviewed and are qualified in the work group being reviewed. The constructability/bidability reviews shall be performed by persons with experience working on COUNTY and/or FDOT construction projects. The CONSULTANT's review team shall (digitally) submit a "marked-up" set of documents (as applicable), the latest review comments and review comments/comment responses from any previous reviews. The COUNTY will perform reviews of the work associated with the development and preparation of contract documents. The COUNTY's reviews are for high-level conformance and are not meant to be comprehensive reviews. The CONSULTANT will be responsible for incorporating the COUNTY's comments into the final comment document(s). 3 PROJECT COMMON AND PROJECT GENERAL TASKS A-16 RFP: 16-7016 After the CONSULTANT and COUNTY comments are compiled, The CONSULTANT's Project Manager and other key members of the design team shall meet with the reviewing consultant(s) and the COUNTY to discuss and address any comments. The CONSULTANT will attend all review meetings for each submittal reviewed. Review meetings up to and including the Phase Il (60%) submittal are anticipated to be in person. Review meetings after the Phase Il (60%) submittal may be conducted in person, via phone or through email communications at the COUNTY's discretion based on need and project progress. The CONSULTANT shall be prepared to discuss all criteria and weighted impacts used in arriving at opinions on specific design features. These criteria must include Safety, Operation, Maintenance and Public Acceptance. All meetings may be followed up with additional meetings, written communications and phone enquiries as necessary to finalize comments and coordinate efforts. 3.6 Prime Consultant Project Manager Meetings The CONSULTANT Project Manager shall conduct internal meetings with various disciplines and attend meetings with COUNTY staff and/or the design consultant as needed throughout the duration of the project. Includes only Project Manager staff hours for comment review meetings, internal review meetings, COUNTY coordination and attendance to comment review meetings. 3.7 Plans Update: Not applicable. 3.8 Post Design Services: Not applicable. 3.9 Digital Delivery: Not applicable. 3.10 Risk Assessment Workshop: Not applicable. 3.11 Railroad, Transit and/or Airport Coordination: Not applicable. 3.12 Other Project General Tasks: Not applicable. 3 PROJECT COMMON AND PROJECT GENERAL TASKS A-17 *'� RFP: 16-7016 4 ROADWAY ANALYSIS Not applicable. 5 ROADWAY PLANS Not applicable. 6a DRAINAGE ANALYSIS Not applicable. 6b DRAINAGE PLANS Not applicable. 7 UTILITIES Not applicable. 8 ENVIRONMENTAL PERMITS, COMPLIANCE AND CLEARANCES Not applicable. 9 STRUCTURES - SUMMARY AND MISCELLANEOUS TASKS AND DRAWINGS Not applicable. 10 STRUCTURES - BRIDGE DEVELOPMENT REPORT Not applicable. 11 STRUCTURES - TEMPORARY BRIDGE Not applicable. 12 STRUCTURES - SHORT SPAN CONCRETE BRIDGE Not applicable. A-18 �' RFP: 16-7016 13 STRUCTURES - MEDIUM SPAN CONCRETE BRIDGE Not applicable. 14 STRUCTURES - STRUCTURAL STEEL BRIDGE Not applicable. 15 STRUCTURES - SEGMENTAL CONCRETE BRIDGE Not applicable. 16 STRUCTURES - MOVABLE SPAN Not applicable. 17 STRUCTURES - RETAINING WALLS Not applicable. 18 STRUCTURES - MISCELLANEOUS Not applicable. 19 SIGNING AND PAVEMENT MARKING ANALYSIS Not applicable. 20 SIGNING AND PAVEMENT MARKING PLANS Not applicable. 21 SIGNALIZATION ANALYSIS Not applicable. 22 SIGNALIZATION PLANS Not applicable. A-19 RFP: 16-7016 23 LIGHTING ANALYSIS Not applicable. 24 LIGHTING PLANS Not applicable. 25 LANDSCAPE ARCHITECTURE ANALYSIS Not applicable. 26 LANDSCAPE ARCHITECTURE PLANS Not applicable. 27 SURVEY Not applicable. 28 PHOTOGRAMMETRY Not applicable. 29 MAPPING Not applicable. 30 TERRESTRIAL MOBILE LiDAR Not applicable. 31 ARCHITECTURE DEVELOPMENT Not applicable. 32 NOISE BARRIERS IMPACT DESIGN ASSESSMENT IN THE DESIGN PHASE Not applicable. cis;') A-20 RFP: 16-7016 33 INTELLIGENT TRANSPORTATION SYSTEMS ANALYSIS Not applicable. 34 INTELLIGENT TRANSPORTATION SYSTEMS PLANS Not applicable. 35 GEOTECHNICAL Not applicable. A-21 RFP: 16-7016 36 PROJECT REQUIREMENTS 36.1 Liaison Office The COUNTY and the CONSULTANT will designate a Liaison Office and a Project Manager who shall be the representative of their respective organizations for the Project. While it may be necessary for the CONSULTANT shall seek and receive advice from various state, regional, and local agencies, the final direction on all matters of this project remain with the COUNTY's Project Manager. 36.2 Key Personnel The CONSULTANT's work shall be performed and directed by the key personnel identified in the proposal presentations by the CONSULTANT. Any changes in the indicated personnel shall be subject to review and approval by COUNTY. 36.3 Progress Reporting As required by the COUNTY, the CONSULTANT shall meet with the COUNTY and shall provide a written monthly progress report that describes the work performed on each task. The Project Manager will make judgment on whether work of sufficient quality and quantity has been accomplished by comparing the reported percent complete against actual work accomplished. 36.4 Correspondence Copies of all written correspondence between the CONSULTANT and any party pertaining specifically to this contract shall be provided to the COUNTY for their records within one (1) week of the receipt or mailing of said correspondence. 36.5 Professional Endorsement The CONSULTANT shall have a Licensed Professional Engineer in the State of Florida sign and seal all reports, documents, technical special provisions, and plans as required by FDOT and COUNTY standards. 36.6 Computer Automation If Computer Aided Drafting and Design (CADD) systems are utilized by the CONSULTANT, the FDOT makes available software to help assure quality and conformance with policy and procedures regarding CADD. It is the responsibility of the CONSULTANT to meet the requirements in the FDOT's CADD Manual. The CONSULTANT shall submit final documents and files as described therein or as amended by this Scope of Services. 36 PROJECT REQUIREMENTS A-22 RFP: 16-7016 36.7 Coordination with Other Consultants The CONSULTANT is to coordinate his work with any and all adjacent and integral consultants so as to effect complete and homogenous plans and specifications for the project(s) described herein. 36.8 Optional Services Optional Services have not been identified at this time. Fees for this item are not included in the negotiated contract fees. If relevant optional services are determined necessary and are requested by the County, scope and fee will be negotiated at that time and will be implemented via Change Order. When applicable, the staff hourly rates established in the contract shall be utilized for fee determination. 36 PROJECT REQUIREMENTS A-23 RFP: 16-7016 37 INVOICING LIMITS Payment for the work accomplished shall be in accordance with Method of Compensation of this contract. The COUNTY Project Manager and the CONSULTANT shall monitor the cumulative invoiced billings to ensure the reasonableness of the billings compared to the project schedule and the work accomplished and accepted by the COUNTY. The CONSULTANT shall provide a list of key events and the associated milestones that have been completed. This list shall be used to control invoicing. Payments will not be made until those events/milestones have actually occurred and the results are acceptable to the COUNTY. 37 INVOICING LIMITS A-24 04* ® DATE(MM/DD/YYYY) ACORO CERTIFICATE OF LIABILITY INSURANCE ko..----- 8/25/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Vicky Van Wormer_NAME Brown& Brown Insurance-Clearwater PHONE 727-450-7018 FAX 727-450-7083 83 Park Place Blvd., Suite 101 mac,No,Fxt)• (A/C.Not Clearwater FL 33757-2456 E-MAIL D RESS vvanwormer@bbpinellas.COm INSURER(S)AFFORDING COVERAGE NAIC M INSURER A:Admiral Insurance Company 24856 INSURED INSURER B:The Travelers Indemnity Company of 25666 Kisinger Campo&Assoc. Corp. INSURERC:The Charter Oak Fire Insurance Comp 25615 Campo&Associates, PLLC, KCCS, Inc. INSURER D:Travelers Casualty and Surety Compa 19038 201 N. Franklin Street, Ste.400 Tampa FL 33602 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:2026039807 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -- ADDL SUBR POLICY EFF POLICY EXP INSR TYPE OF INSURANCE LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) C x COMMERCIAL GENERAL LIABILITY Y 630-8254A604 9/1/2017 9/1/2018 EACH OCCURRENCE $1,000,000 _ DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $300,000 X Contractual MED EXP(Any one person) $10,000 X XCU Liability PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X 78, LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY 8108254A604 9/1/2017 9/1/2018 (Ea accident)SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ X HIRED AUTOS x NON-OWNED (Per a acEciidentRTY DAMAGE $ AUTUT OS $ B X UMBRELLA LIAB X OCCUR Y CUP8254A604 9/1/2017 9/1/2018 EACH OCCURRENCE $4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $4,000,000 DED X RETENTION$10,000 $ D WORKERS COMPENSATION UB2G641560 10/3/2016 10/3/2017 X STATUTE X ER U.S.L.H. AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVEN NIA E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 A Professional Liability E000002720503 11/2/2016 11/2/2017 Per Claim 1,000,000 Claims Made Aggregate 1,000,000 Deductible 250,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is an additional insured with respect to general liability, auto liability and umbrella liability. Explosion,collapse and underground hazard included in CGL. . CONTRACT#16-7016 for Independent Peer Review of Bridge Replacement or Rehabilitation Projects and any and all services performed thereunder. Collier County BOCC is named an additional insured under Commercial General Liability and Umbrella Liability policies. Umbrella follows form. All insurance coverage of Insured shall be primary to coverage of Certificate Holder. The CGL General Aggregate Limit applies separately to this contract. Valuable Papers coverage of$25,000 applies for direct physical loss or direct physical damage. A thirty-day written notice of cancellation shall be provided,with the exception of ten days notice for cancellation. (KCA Project#1201716.00) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3327 TAMIAMI TRAIL EAST ACCORDANCE WITH THE POLICY PROVISIONS. NAPLES FL 34112 AUTHORIZED REPRESENTATIVE 2402. R.Vaivip 1 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD