Agenda 12/12/2017 Item #16A3312/12/2017
EXECUTIVE SUMMARY
Recommendation to approve Contract Number 17-7222, “Post Design & Verification Testing
Services for Tree Farm Road Phase II” in the amount of $298,449 with Johnson Engineering, Inc.
(Project Nos. 61001 and 70178)
_____________________________________________________________________________________
OBJECTIVE: To obtain post design and verification testing services for Tree Farm Road Phase II
which will ensure that the project is constructed as designed and that materials used by the construction
contractor are in compliance with specifications outlined in the contract documents.
CONSIDERATIONS: At the November 14, 2017 meeting, the Board approved Agenda Item 16.A.18 to
accept the selection committee’s ranking and authorized staff to negotiate a contract with the top ranked
firm, Johnson Engineering, Inc. Staff negotiated an agreement with the consultant to perform design, post
design and related services for a total amount of $298,449.
FISCAL IMPACT: Funding for the design and engineering fees will be allocated as follows:
Project # Division Fund Amount Description Source of Funds
61001 GMD 313 $285,185 Roadway Verification
Testing & Post Design
Gas Taxes
70178 PUD 412 $ 5,352 Water Post Design Water Capital
70178 PUD 414 $ 7,912 Sewer Post Design Sewer Capital
Total $298,449
The project has been previously authorized by the Board as part of the five -year Transportation Capital
Improvement Plan. Construction is projected to begin during FY18 with an approximate cost of $2.6
million.
GROWTH MANAGEMENT IMPACT: The project is in conformance with the goals and objectives of
the Transportation Element of the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote
for Board approval. -SRT
RECOMMENDATION: To approve and authorize the Chair to execute Contract Number 17-7222,
“Post Design & Verification Testing Services for Tree Farm Road Phase II” in the amount of $298,449
with Johnson Engineering, Inc. (Project Nos. 61001 and 70178).
Prepared by: Mark McCleary, P.E., P.S.M., Principal Project Manager, Transportation Engineering
Division
ATTACHMENT(S)
1. {Linked} 17-7222 Johnson Eng_Contract_VendSign.pdf (PDF)
12/12/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.33
Doc ID: 4311
Item Summary: Recommendation to approve Contract Number 17-7222, “Post Design &
Verification Testing Services for Tree Farm Road Phase II” in the amount of $298,449 with Johnson
Engineering, Inc. (Project Nos. 61001 and 70178)
Meeting Date: 12/12/2017
Prepared by:
Title: Project Manager – Transportation Engineering
Name: Mark McCleary
11/29/2017 11:48 AM
Submitted by:
Title: Division Director - Transportation Eng – Transportation Engineering
Name: Jay Ahmad
11/29/2017 11:48 AM
Approved By:
Review:
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 11/30/2017 10:43 AM
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 11/30/2017 10:53 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 11/30/2017 1:23 PM
Growth Management Department Anthony Khawaja Additional Reviewer Completed 11/30/2017 2:31 PM
Growth Management Department Gene Shue Additional Reviewer Completed 11/30/2017 2:49 PM
Growth Management Operations Support Allison Kearns Additional Reviewer Completed 12/01/2017 9:43 AM
Procurement Services Sandra Herrera Additional Reviewer Completed 12/01/2017 3:45 PM
Procurement Services Evelyn Colon Additional Reviewer Completed 12/01/2017 3:59 PM
Growth Management Department Diane Lynch Level 1 Reviewer Completed 12/01/2017 4:38 PM
Procurement Services Ted Coyman Additional Reviewer Completed 12/04/2017 8:37 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 12/04/2017 8:53 AM
Procurement Services Swainson Hall Additional Reviewer Completed 12/04/2017 8:55 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/04/2017 4:38 PM
Growth Management Department James French Deputy Department Head Review Completed 12/04/2017 5:52 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 12/05/2017 8:24 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/05/2017 9:04 AM
12/12/2017
Office of Management and Budget Susan Usher Additional Reviewer Completed 12/05/2017 3:27 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/06/2017 8:49 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 12/06/2017 9:13 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM
Contract # 17-7222
"Post Design and Verification Testing Services for Tree Farm Road Phase 11"
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of
2017,
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")
Johnson Engineering, Inc., authorized to do business in the State of Florida, whose business
address is 2122 Johnson Street, Fort Myers, Florida 33901 (hereinafter referred to as the
"CONSULTANT" and/or "CONTRACTOR").
W I T N ESS ETH:
WHEREAS, the OWNER desires to obtain the professional Post Design and Verification
Testing services of the CONSULTANT concerning Tree Farm Road Phase 11 Project
(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;
and
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
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:
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ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Post Design and Verification
Testing 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 Michael Dickey, P.E. 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 to this Agreement. The
CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to
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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.
1.5. 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 218.75
F. S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those
contractual requirements at F. S. § 119.0701(2)(a) -(b) as stated as follows:
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IF THE 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
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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
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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
written notice of any such subpoenas.
CONSULTANT shall provide OWNER prompt
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
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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.
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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 OWNER'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.
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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
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
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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
(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
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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. 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.
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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
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.
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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 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 orto 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
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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, 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,
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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.
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.
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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.
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
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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.
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,
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or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement,
or (f) for any otherjust 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
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded
CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause
upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination
for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the
fee earned through the date of termination, together with any retainage withheld and any costs
reasonably incurred by CONSULTANT that are directly attributable to the termination, but
CONSULTANT shall not be entitled to any other or further recovery against OWNER, including,
but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT
must mitigate all such costs to the greatest extent reasonably possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
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written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension
of time to its schedule in accordance with the procedures set forth in Article Four herein.
12,5. In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty-five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by
OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default
within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure
this Agreement and that CONSULTANT has not paid or agreed to pay any person, company,
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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 mating of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth -In -Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs
supporting the compensation for 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.
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ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT
to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
OWNER'S address of record:
Board of County Commissioners, Collier County Florida
c/o Transportation Engineering & Construction Management
2885 S. Horseshoe Drive
Naples, Florida 34104
Telephone: (239) 252-8442
Attention: Mark McCleary, Principal Project Manager
Email: Markmccleary(a),colliergov.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:
Johnson Engineering, Inc.
2922 Johnson Street
Fort Myers, Florida 33901
Telephone: (239) 334-0046
Fax: (239) 334-3661
Attention: Michael Dickey, P.E
Email: MdickeyCcD,iohnsoneng.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.
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17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed
to be a waiver of any other breach and shall not be construed to be a modification of the terms of
this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any and
all prior agreements or understandings, written or oral, relating to the matter set forth herein, and
any such prior agreements or understanding shall have no force or effect whatever on this
Agreement.
17.7, Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
17.8. This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
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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, SUBCONSULTANTS AND
SUBCONTRACTORS
RFP # 17-7222 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
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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.
13.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed
by OWNER of and is in compliance with the terms of Section 287.133(2){a} of the Florida Statutes
which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal,
or reply on a contract to provide any goods or services to a public entity, may
not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity; and may not transact
business with any public entity in excess of the threshold amount provided in
s. 287.017 for CATEGORY TWO for a period of 36 months following the date
of being placed on the convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision-making authority and by OWNER'S staff person who would make the
presentation of any settlement reached during negotiations to OWNER for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision-making authority and by
OWNER'S staff person who would make the presentation of any settlement reached at mediation
to OWNER'S board for approval. Should either party fail to submit to mediation as required
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hereunder, the other party may obtain a court order requiring mediation under section 44.102,
Fla. Stat.
20.2 Any suitor action brought by either party to this Agreement against the other party relating
to or arising out of this Agreement must be brought in the appropriate federal or state courts in
Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seg.
and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to
comply with the laws referenced herein shall constitute a breach of this agreement and the County
shall have the discretion to unilaterally terminate this agreement immediately.
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement
for "Post Design and Verification Testing Services for Tree Farm Road Phase II" the day and
year first written above.
ATTEST:
Dwight E. Brock, Clerk
Date
Approved as to Form and Legality:
Assistant County Attorney
Name
\fvi
A4af
Name and Title
itness
LAINf*- V k-)6w44z0
Name and Title
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
IS
Penny Taylor, Chairman
Johnson Engineering, Inc.
By:
Name and Title
Page 26 of 51
Contract # 17-7222Ct,
"Post Design and Verification Testing Services for Tree Farm Road Phase II"
SCHEDULE A
SCOPE OF SERVICES
GENERAL
Tree Farm Road Phase II is an extension of Tree Farm Road eastward to connect into
Woodcrestl Massey Streets. This roadway will provide interconnection of roadways and
alternative routes for motorists in the Collier Boulevard corridor.
Post Design services are necessary for the CONSULTANT to provide Engineer of Record
services such as, but limited to; providing contract document interpretation and assistance
in addressing requests and unforeseen conditions. The CONSULTANT shall attend
periodic meetings as required, conduct field visits, and report on construction progress.
The CONSULTANT shall review shop drawings, changes, and update the plans if a minor
redesign is required. The CONSULTANT will prepare and certify all project certifications
including, but not limited to Collier County, Florida Department of Environmental
Protection (FDEP), South Florida Water Management District (SFWMD), and the U.S.
Army Corps of Engineers (USAGE).
Verification Compliance Monitoring is required to assist the County in monitoring
Contractor's compliance with the approved Quality Control (QC) plan and Verification
Testing (VT) requirements by attending the pre -construction meeting, conducting QC/VT
compliance reviews, participating in progress meeting, and providing final compliance
documentation. VT inspection is required to determine if the Contractor is in general
compliance with contract documents and specifications and inform the COUNTY of the
same for the duration of the project. Laboratory and Asphalt Plant testing and inspection
is required per the plans and specifications and will be limited to such.
TASKS
In accordance with the general scope of Basic Services stated herein, the CONSULTANT
shall provide services necessary to complete the following tasks:
TASK INDEX
Task 1 - Project Management, Project Meeting, and Review of Work
Task 2 - Civil Engineering Inspection (CEI) Verification Testing (VT) Support
Task 3 - Post Design Services
3.1 Services During Construction (SDC) - Roadway
3.2 Services During Construction (SDC) - Utilities (Water and
Wastewater) Task 4 - Eagle Monitoring
4.1 Monitoring During Early Phases of the Nesting Cycle
4.2 Monitoring During Last Phase of the Nesting Cycle
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Contract # 17-7222
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TASK 1: PROJECT MANAGEMENT PROJECT MEETINGS AND REVIEW QF WORK
The CONSULTANT shall provide staff to monitor the performance for compliance with VT
requirements as listed in the Florida Department of Transportation (FDOT) specifications. In
accordance with Collier County guidelines, the CONSULTANT staff shall:
attend and participate in a pre -construction conference meeting;
conduct quality control verifications compliance reviews;
submit daily compliance construction logs to COUNTY Inspectors;
participate in regularly scheduled progress meetings;
prepare and submit photographic and written records when called for onsite
verification testing;
provide compliance documentation electronically, in PDF format, to the COUNTY's
representatives for review and permanent audit filing.
TASK 2: CIVIL ENC21NEERING INUIECTION CEIVERIFICATION TESTING VT PP RT
General
The CONSULTANT shall provide on-site Verification Testing inspection services during
construction as necessary to determine if contractor is in general compliance with the Contract
Documents and applicable specifications. Such visits and observations by CONSULTANT are
not intended to be exhaustive or to extend to every aspect of the work in progress, or to involve
detailed inspections of the work beyond the responsibilities specifically assigned CONSULTANT
in this Agreement and the Contract Documents. CONSULTANT shall keep the County informed
of the progress of such inspections and test results. The responsibilities of CONSULTANT
contained in this paragraph are expressly subject to the limitations set forth and other express
or general limitations in this Agreement.
CONSULTANT shall not, during such visits or as a result of such observations of Contractor's
work in progress, supervise, direct or have control over Contractor's work nor shall
CONSULTANT have authority over or responsibility for the means, methods, techniques,
sequences or procedures of construction selected by Contractor, for safety precautions and
programs incident to the work of Contractor or for any failure of Contractor to comply with laws,
rules, regulations, ordinances, codes or orders applicable to Contractor's furnishing and
performing the work. Accordingly, CONSULTANT neither guarantees the performance of any
Contractor nor assumes responsibility far any Contractor's failure to furnish and perform its work
in accordance with the Contract Documents.
Survey Control
The Contractor shall establish the specific survey requirements for the project prior to
construction.
Onsite Inspection
Inspection of offsite production and/or fabrication is not included in this Agreement.
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Sampling and Testing
The CONSULTANT shall perform sampling and testing of component materials and completed
work in accordance with the Construction Contract Documents quality control. The minimum
sampling frequencies set out in the FDOT's Materials Sampling, Testing and Reporting Guide
shall be met. In complying with the aforementioned guide, the COUNTY will schedule with the
CONSULTANT to provide as needed surveillance of the Contractor's Quality Control activities
at the project site and perform the sampling and testing of materials and completed work items
that are normally done in the vicinity of the project for verification and acceptance.
Initial inspection and sampling of materials and components at locations remote from the vicinity
of the project and of materials normally done in a laboratory remote from the project site are
included in this contract using desired FDOT certified materials testing laboratory.
The Contractor shall be specifically responsible for job control samples determining the
acceptability of all materials and completed work items on the basis of either test results or
verification of a certification, certified mill analysis, etc.
The COUNTY shall retain the right to monitor the effectiveness of the Contractor's testing
procedures through surveillance and obtaining and testing independent assurance samples.
Sampling, testing and laboratory methods shall be as required by the FDOT's Standard
Specifications, Supplemental Specifications or as modified by the Special Provisions of the
Construction Contract.
Documentation reports on sampling and testing performed by the CONSULTANT shall be
submitted to responsible parties during the same week that the construction work is done.
The CONSULTANT shall be responsible for coordinating the transportation of samples to be
tested in a laboratory to the appropriate laboratory or appropriate local facility as directed by the
COUNTY.
Engineering Services
The CONSULTANT shall perform VT. Services include maintaining the required level of
surveillance of Contractor activities to perform VT, interpreting plans, specifications, and special
provisions for the Construction Contract, maintaining complete, accurate records of verified
activities and events relating to the project, and properly documenting significant project
changes impacting verification procedures. The CONSULTANT shall perform the following
services:
(1) Verify that the Contractor is conducting QC inspections and QC testing, and preparing
reports. The CONSULTANT's inspector will be familiar with the requirements set forth in
FDOT Specifications with regards to QC testing and VT.
(2) Analyze problems that arise on the project and report to COUNTY staff proposals
submitted by the Contractor, work to resolve such issues, and process the necessary
paperwork.
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(3) Facilitate communication between the Contractor's representatives and COUNTY staff in
execution of the work and provide assistance in the resolution of QC/VT issues. The
CONSUTLANT shall not be responsible for the utility relocation work or final locations
placed. All utility relocations required shall be coordinated between the Contractor, Utility
Agencies, and the COUNTY.
(4) Produce verification reports, verify QC/VT field testing as scheduled by the COUNTY.
(5) The CONSULTANT shall utilize a digital camera for photographic documentation of VT
state and of noteworthy incidents or events during construction.
(6) Other Management Engineering Services shall include, but are not limited to, the
following:
(a) The CONSULTANT shall maintain on a daily basis when called for VT, a complete
and accurate record of verified activities and events including, but not limited to,
manpower, equipment, subcontractors, weather, and other significant data and
events relating to the project and a record of verified work completed by the
Contractor. The CONSULTANT shall immediately report apparent significant
changes in verified test data as they are noted. The CONSULTANT shall maintain
a daily Construction Diary which shall outline activity on the project each day VT
was scheduled and performed. All emergencies shall be reported immediately to the
COUNTY, but in no case in excess of 24 hours.
(b) The CONSULTANT shall maintain a log of materials entering into the work with
proper indication of the basis of acceptance of each shipment of material.
(c) The CONSULTANT shall maintain records of sampling and testing accomplished
and analyze such records required to ascertain acceptability of materials and
completed work items. The field reports for records of work and testing results shall
be submitted at the completion of Contractor's scheduled activities.
(d) The COUNTY shall maintain a complete log of all submittals of shop drawings,
noting the dates of first submittal and subsequent reviews and resubmittals,
approvals, etc. The Engineer of Record shall review all shop drawings. The
CONSULTANT shall take note of and verify that any changes are properly carried
through to construction and shall further record, report, make recommendations and
evaluate any circumstances which affect the progress or cost of the work. Shop
drawings shall also include any manuals or similar documents outlining proposed
construction procedures submitted by the Contractor.
(e) The CONSULTANT shall provide to the Contractor interpretations of the plans,
specifications, and contract provisions. The CONSULTANT shall consult with the
COUNTY when an interpretation involves complex issues or may have an impact on
the cost of performing the work. When warranted, the COUNTY may request an
interpretation from the Engineer of Record.
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(f) The CONSULANT shall analyze problems that arise on the project and/or all
proposals submitted by the Contractor and prepare recommendations to COUNTY
staff with appropriate justification and documentation.
(g) The CONSULANT shall analyze changes to the plans, specifications or contract
provisions and extra work which appear to be necessary to carry out the intent of
the contract when it is determined that a change or extra work is necessary and such
work is clearly not within the scope of the original contract. Recommend such
changes to COUNTY staff for approval.
(h) In the event that the Contractor submits a claim for additional compensation,
CONSULANT staff will analyze the submittal and prepare a recommendation to the
County covering validity and reasonableness of charges and conduct negotiations
leading to recommendations for settlement of the claim. The CONSULTANT shall
maintain complete, accurate verification records of work involved in claims.
In the event that the Contractor submits a request for extension of the allowable
contract time, the CONSULANT shall analyze the request and prepare a
recommendation to COUNTY staff covering accuracy of statements and the actual
effect of delaying factors on completion of controlling work items.
(i) Upon identification of a proposed changed condition or construction contract change,
the extent of change shall be analyzed, and an order of magnitude estimate of cost
and time change, if any, will be prepared. Prior to receipt of the Contractor's estimate,
CONSULANT staff shall prepare the fair cost estimate.
(k) CONSULANT staff shall monitor the construction contract to the extent necessary
to determine whether construction activities violate the requirements of any
permits.
(1) The CONSULTANT shall record the progress of verified work by taking color
photographs of pertinent construction activities. The extent and frequency of the
photographs shall be determined by the CONSULTANT unless specifically dictated
otherwise by the COUNTY. Photographic documentation of noteworthy incidents or
events shall be made including, but not limited to, the following:
Exceptional progress of work
Accidents showing damage
Unsafe working conditions
Unusual construction techniques
Damaged equipment or materials
Project photographs shall be furnished, as soon as available and upon request, to
the COUNTY. Pertinent photographs will be maintained and available for viewing
from the home office throughout the course of construction.
(m) The COUNTY shall be responsible for the review and acceptance of the Contractor's
progress schedule.
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Contract # 17-7222
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TASK 3: POST DESIGN
The CONSULTANT will provide the COUNTY the following limited services during construction
of Project:
TASK 3.1: Servicera During C n ruction DC - Roadway
The CONSULTANT will provide Limited Services During Construction for construction of
the Tree Farm Road Phase II Project Roadway Improvements. Services shall include:
Provide Contract Document interpretation and assistance in addressing requests
for information (RFI) and unforeseen conditions when requested by the COUNTY.
Periodic meeting attendance (assumed 1 meeting per month during construction)
and field visits (as required to respond to RFI's and review construction progress).
Assist the COUNTY with shop drawing reviews).
Review and assist in field changes which include minor redesign as requested
by the COUNTY.
Attend one substantial completion walk through meeting in the field.
The Contractor will be responsible to provide Record Drawings based upon the
Contractor's markups, visual observations, and record survey. The
CONSULTANT shall provide files (PDF format) to the Contractor for use.
The CONSULTANT shall prepare and submit required project certifications) to
SFWMD and USACE as required.
TASK .2: Servicg§ ❑ rin n i n SOC - Utilities (Water and Wastewater
■ 3.2.1: Wastewater Services
■ 3.2.2: Water Services
The CONSULTANT shall provide Limited Services During Construction for construction
of the Tree Farm Road Phase II Project Utility Improvements. Services shall include:
Provide Contract Document interpretation and assistance in addressing RFI's and
unforeseen conditions when requested by the COUNTY.
Periodic meeting attendance (assumed 1 meeting per month during construction)
and field visits (as required to respond to RFI's and review construction progress).
Assist the COUNTY with shop drawing review(s).
Review and assist in field changes which include minor redesign as requested
by the COUNTY.
Attend one substantial completion walk through meeting in the field.
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Contract # 17-7222
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The Contractor will be responsible to provide Record Drawings based upon the
Contractor's markups, visual observations, and record survey. The
CONSULTANT shall provide files (PDF format) to the Contractor for use.
R"_
The presence or duties of the CONSULTANT's personnel at a construction site, whether
as onsite representatives or otherwise, do not make the CONSULTANT or the
CONSULTANT's personnel in anyway responsible for those duties that belong to the
COUNTY and/or the Contractor or other entities, and do not relieve the Contractor or any
other entity of their obligations, duties, and responsibilities, including, but not limited to,
all construction methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in accordance with the
construction Contract Documents and any health or safety precautions required by such
construction work.
The CONSULTANT and the CONSULTANT's personnel have no authority to exercise
any control over any Contractor or other entity or their employees in connection with their
work or any health or safety precautions and have no dutyfor inspecting, noting, observing,
correcting, or reporting on health or safety deficiencies of the Contractor(s) or other entity
or any other persons at the site except the CONSULTANT's own personnel.
The following tasks are not included in the Scope of Work for this Agreement:
Design Services
Construction Administration Services
FDEP Permitting
Services During Construction other than those listed above or requiring more
effort than that listed in the Fee Schedule.
TASK 4: EAGLE MONITORING
The Bald Eagle Monitoring Guidelines, which were adopted by the Florida Fish and Wildlife
Conservation Commission (FWC) as part of their management plan, recommend monitoring an
eagle nest if construction activities occur within 666 feet of the nest during the nesting season
(October 15t - May 15th). These federal guidelines standardize the method for gathering data
to evaluate eagle responses to activities that may cause disturbance. If construction is in
process in the protection zone, monitoring should begin no later than October 1st and continue as
long as work is being done within 666' of the nest. Once work has moved outside this zone, the
monitoring is no longer necessary.
TASK 4.1: Monitoring During Early Phases of the Nesting Cycle
Once a territory is determined to be occupied, it should be considered active, and nesting
eagles should, at that time, be monitored a minimum of three days each week and four
hours each day (beginning at 1/2 hour before sunrise) from onset of nesting behavior
through the fourth week post -hatching and care of eaglets. Monitoring is not required on
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Contract # 17-7222
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days when no infrastructure development, exterior building construction, or other human
activities referenced in the National Management Guidelines occurs within 664 feet of the
nest tree. Monitoring should be scheduled to occur on the days that are representative of
all major phases of these activities at times when they will occur. The CONSULTANT
shall complete, sign, and date a Bald Eagle Monitoring Data Sheet far each survey event.
As long as the monitor has not detected any irregularities or abnormalities, a copy of the
data sheets shall be retained and provided to the COUNTY at the end of the eagle nesting
TASK 4.2: Monitoring During Last Phase of tbg Nesting Cycle
Monitoring frequency for activities may be reduced to one day each week (four hours
beginning 112 hour before sunrise) beginning five weeks post -hatching and continue until
fledging occurs or May 15th, whichever occurs first. However, this once a week monitoring
event should occur on days that are representative of all major phases of these activities
at times when they will occur (if applicable).
Reporting Requirements
Individual Bald Eagle Monitoring Data Sheets shall be completed and provided to the
COUNTY as described in the previous monitoring tasks. However, should it become
necessary, the monitor will immediately report any suspension of work activities and/or
any documented abnormal behavior to the COUNTY, FWS, and FWC and subsequently
send the individual Bald Eagle Monitoring Data Sheets describing all relevant activities to
all parties. As required by the Bald Eagle Monitoring Guidelines, the FWS and FWC will
coordinate a review within a week of the reported behavior and circumstances associated
with any suspension of work activities. A verbal determination followed by a written
recommendation will be issued by the wildlife agencies in a timely manner as to whether
construction should resume or be modified, or if monitoring frequency should be
increased.
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Contract # 17-7222
"Post Design and Verification Testing Services for Tree Farm Road Phase II"
SCHEDULE B
BASIS OF COMPENSTATION
TIME AND MATERIAL
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its
monthly invoice, a progress report reflecting the Project design and construction status, in
terms of the total work effort estimated to be required for the completion of the Basic Services
and any then -authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage
complete of each item.
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.
TASK
ITEM
NOT -TO -EXCEED
AMOUNT:
1
Project Management, Meetings, and Review of
$ 19,336.00
2
Construction Engineering & Inspection, Verification
Testing VT
$185,352.00
3
3.1
Services During Construction SDC - Roadway $ 49,875.00
3.2
Services During Construction SDC - Utilities $ 13,264.00
4
4.1
Monitoring During Early Phases of the Nesting
$ 25,161.00
4.2
Monitoring During Last Phase of the Nesting Cycle
$ 4,450.40
REIM
Reimbursable
$ 1,000.00
Total Compensation for Consultant's
$298,449.00
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
CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and
approved by OWNER.
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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 (5) months
after completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non-payment under the legal doctrine of "laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done,
no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be
submitted on CONSULTANT'S letterhead and must include the Purchase Order Number
and the Project name and shall not be submitted more than one time monthly.
B.3.3. Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S monthly
billings, on a cumulative basis, exceed the sum determined by multiplying the applicable
not to exceed task limits set forth in the table in Section 2.1 by the percentage Owner has
determined CONSULTANT has completed such task as of that particular monthly billing.
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Contract # 17-7222
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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 112.051, 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 112.051, F.S. Further, such expenses, if approved by OWNER,
may include mileage for trips that are from/to destinations outside of
Collier or Lee Counties. Such trips within Collier and Lee Counties are
expressly excluded.
B.3.5.1.3. Permit Fees required by the Project.
B.3.5.1.4 Expense of overtime work requiring higher than regular rates
approved in advance and in writing by OWNER.
B.3.5.1.5 Expense of models for the County's use.
B.3.5.1.6 Other items on request and approved in writing by the
OWNER.
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Contract # 17-7222
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Attachment 1
SCHEDULE B
CONSULTANT'S HOURLY RATE SCHEDULE
Title
Hourly
Rate
Principal
$
206.00
Senior Project Manager
$
172.00
Project Manager
$
147.40
Senior Engineer
$
157.00
Engineer
$
123.00
Senior Inspector
$
96.00
ns ector
$
76.00
Senior Planner
$
139.00
Planner
$
110.00
Senior Designer
$
114.00
Designer
$
94.00
Environmental Specialist
$
109.00
Senior Environmental Specialist
$
134.00
Scientist/Geologist
$
93.00
Senior Scientist/Geologist
$
118.00
Marine Biolo ist/H dro eolo ist
$
110.00
Senior Marine Biolo isVlI dro eolo ist
$
138.00
Senior GIS Specialist
$
139.00
GIS Specialist
$
102.00
Clerical/Administrative
$
62.00
Senior Technician
$
85.00
Technician
$
72.00
Surveyor and Mapper
$
12000
CADD Technician
$
81.00
Survey Crew - 2 man
$
130.00
Survey Crew - 3 man
$
161.00
Survey Crew - 4 man
$
189.00
Senior Architect
$
154.00
Architect
$
121.00
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.
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Contract # 17.7222
"Post Design and Verification Testing Services for Tree Farm Road Phase II"
SCHEDULE B
HOURLY RATE SCHEDULE
EARTHWORKS
Organic Content (FM 1-T267)
each
$33.50
Sieve Analysis for Classification (AASHTO T27188)
each
$52.00
Plastic Limit (AASHTO T90)
each
$57.00
Liquid Limit (AASHTO T89)
each
$57.00
Standard Proctor (AASHTO T99)
each
$115.00
Modified Proctor (FM 1-T180)
each
$115.00
Limerock Bearing Ratio (FM5-515)
each
$386.00
Specific Gravity and Absorption of Aggregate (FM 1-T85)
each
$121.00
Percent Fines (FM 1-T11)
each
$35.00
pH (FM5-550)
each
$44.50
Sulfate Content (FM 5-551)
each
$44.50
Chloride Content (FM 5-552)
each
$44.50
Resistivity (FM 5-553)
each
$49.50
Total Carbonates (FM 5-514)
each
$120.00
Deleterious Substances for RCA Base
each
$20.00
Asphalt Content (FM5-563)
each
$112.00
CONCRETE
Compressive Strength of Concrete Cylinders (ASTM C39)
each
$21.50
Resolution or Reserve Cylinders or Beams (cure only)
each
$10.00
Flexural Strength of Concrete Beams (ASTM C78)
each
$54.00
ASPHALT
Bulk Specific Gravity for Pavement Cores
(AASHTO T-166) each $33.50
Asphalt Extraction and Aggregate Gradation
(FM 1-T-30 and FM 5-563) each $176.00
END OF SCHEDULE B.
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Contract # 17-7222
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SCHEDULE C
PROJECT MILESTONE SCHEDULE
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Contract # 17-7222
"Post Design and Verification Testing Services for Tree Farm Road Phase ii"
Cumulative Number of
Calendar Days for
Task
Description
Completion from Date
of Notice to Proceed
for Services under this
Agreement
1
Project Management, Meetings, and Review
425 Days
of Work
2
Construction Engineering & Inspection, 425 Days
Verification Testingy
3
Post Design Services
3.1
Services During Construction (SDC) -
425 Days
Roadwayy
3.2
Services During Construction (SDC) -
Utilities
4
Eagle Monitoring
4'
Monitoring During Early Phases of the
425 Days
NestingCycle
4.2
Monitoring During Last Phase of the Nesting
425 Days
y
Cycle
REIM
Reimbursable
425 Days
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Contract # 17-7222
"Post Design and Verification Testing Services for Tree Farm Road Phase ii"
SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the
below listed minimum required coverages, CONSULTANT must identify on the Certificate of
Insurance the nature and amount of such self-insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement of
the services until the date of completion and acceptance of the Project by the OWNER or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the
OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages
and limits required hereunder. In addition, certified, true and exact copies of all insurance polices
required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
certificates shall contain a provision that coverages afforded under the policies will not be canceled
or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER.
CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or
limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve
CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate
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Contract # 17.7222
"Post Design and Verification Testing Services for Tree Farm Road Phase II"
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.
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Contract # 17-7222
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(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 $500,000 Each Accident
$500,000 Disease Aggregate
$100,000 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.
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Contract p 17-7222
"Post Design and Verification Testing Services for Tree Farm Road Phase 0"
Applicable X Not Applicable
(4) Maritime Coverage (.tones 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 retentions shall
be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the
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Contract # 17-7222
"Post Design and Verification Testing Services for Tree Farm Road Phase II"
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
(6) Technology Errors and Omissions coverage shall be carried by the CONSULTANT
or the SUBCONSULTANT in limits of not less than $1,000,000 each occurrence if applicable to
the completion of the Services under this Agreement.
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Contract # 17-7222
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(7) Cyber coverage shall be carried by the CONSULTANT or the SUBCCNSULTANT
in limits of not less than $1,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? X Yes No
(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less
than:
X Bodily Injury & Property Damage - $ 500,000
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
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Contract # 17-7222
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(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 $1,044,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(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.
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Contract # 17.7222
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VALUABLE PAPERS INSURANCE
In the sole discretion of the County, CONSULTANT may be required to purchase valuable papers
and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and
other printed documents in an amount sufficient to cover the cost of recreating or reconstructing
valuable papers or records utilized during the term of this Agreement.
PROJECT PROFESSIONAL LIABILITY
(1) If OWNER notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and
OWNER'S insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability
policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then
CONSULTANT agrees to pursue the maximum credit available on the next 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
protect -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 deductibleslself-insured retention.
d. Current underwriter.
e. Amount tin 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.
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Contract # 17-7222
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g. Affirmation that the design firm will complete a timely project errors and omissions
application.
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
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Contract # 17.7222
"Post Design and Verification Testing Seryices for Tree Farm Road Phase II"
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Johnson Engineering, Inc., hereby certifies that wages, rates and other factual unit
costs supporting the compensation for the services of the CONSULTANT to be provided under
the Professional Services Agreement, concerning Tree Farm Road Phase II are accurate,
complete and current as of the time of contracting.
Johnson En in erin Inc
BY.
TITLE: V11
(,c ,91yeSi 4e 6�—
DATE:
Page 50 of 51
Contract # 17-7222
"Post Design and Verification Testing Services for Tree Farm Road Phase le"
SCHEDULE F
KEY PERSONNEL
Page 51 of 51