Agenda 06/09/2015 Item #16C1 6/9/2015 16.0.1 .
EXECUTIVE SUMMARY,
Recommendation to approve a contract with Disney&Associates,P.A., under Request for Proposal
14-6356,"Re-Design of the Northeast Recycling Center,"Project Number 59009.
OBJECTIVE: To obtain professional consulting services for redesign, engineering and support for the
planned construction of the Northeast Recycling Drop-off Center.
CONSIDERATIONS: The Collier County Solid and Hazardous Waste Management Division
(SHWMD) is committed to implementing the Board of County Commissioners (Board)-approved
Integrated Solid Waste Management Strategy (ISWMS), which identifies strategies within the contours
of recycling, diversion, optimization of existing assets and obtaining additional facilities to provide
environmentally sound and cost effective solid and hazardous waste management services to residents,
businesses and visitors. The ISWMS specifically recommends additional recycling facilities. Two other
components of the ISWMS also apply to this project; diverting recyclable and hazardous materials from
the county for recycling and/or proper disposal, and constructing facilities on county-owned land.
A new county-owned and operated recycling drop-off center located east of the Collier County
Fairgrounds on 39th avenue off Immokalee Road will provide a convenient location for residents and
small businesses in the northeast part of the county to bring recyclable materials and household
chemicals. This will allow household hazardous waste to be collected, safely stored and shipped out of the
county for proper recycling or disposal. The facility will enhance public safety, environmental
stewardship, and public awareness of recycling and proper hazardous materials disposal. The project will
adhere to the guiding principles of environmental and growth management compliance, landfill airspace
preservation, operational excellence, and best value service.
The design and construction of the recycling drop-off center was previously bid in April 2014. Staff
reviewed the bids and determined that the vendors' quotes were over the budget allotted for the project.
Staff recommended rejecting the bids and making modifications to the design to facilitate more safety
features and efficient operations. On September 9, 2014, as Agenda Item 16C6, the Board approved
rejecting the bids.
On February 24, 2015, as Agenda Item 16C1, the Board approved the selection committee's ranking of
Disney & Associates, P.A. to provide the required redesign and support services for the project, and
authorized staff to enter into contract negotiations. The parties successfully negotiated a contract in the
amount of$330,010. The scope of work for this contract includes
• redesign of the Northeast Recycling Drop-off Center,
• site development plan,
• analysis of construction cost,
• completion of all permits,
• bidding services,
• construction administration services, and
• post design services
The professional services design fee includes the architectural design and the structural, plumbing,
mechanical, electrical, fire protection, civil engineering, landscape and irrigation system designs in a
single, comprehensive agreement. The fee also includes property survey updates and construction
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administration by the design professionals. The total fee equates to roughly 6.4 percent of the anticipated
construction cost. The revisions required by the implementation of the new Florida Building Code 2014
(effective June 2015)are also included in the proposed fee.
FISCAL IMPACT: Funding is available in, and is consistent with, the FY2015 Capital Budget approved
by the Board on September 18, 2014. The source of funding is the Solid Waste Capital Fund(474)project
59009.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote
for Board approval.—SRT
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATION: That the Board of County Commissioners approves a contract with Disney &
Associates, P.A. under Request for Proposal 14-6356, "Re-Design of the Northeast Recycling Center,"
Project Number 59009, and authorizes the Chairman to execute the attached contract following final
review and approval by the County Attorney's Office.
Prepared By:Dayne Atkinson, Project Manager, Solid and Hazardous Waste Management Division
Attachments:
1. RFP Final Rankings
2. Contract
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.C.16.C.1.
Item Summary: Recommendation to approve a contract with Disney&Associates, P.A.,
under Request for Proposal 14-6356, "Re-Design of the Northeast Recycling Center," Project
Number 59009.
Meeting Date: 6/9/2015
Prepared By
Name: Dayne Atkinson
Title: Project Manager, Solid&Hazardous Waste Management
4/28/2015 11:16:15 AM
Submitted by
Title: Project Manager, Solid&Hazardous Waste Management
Name: Dayne Atkinson
4/28/2015 11:16:17 AM
Approved By
Name: HapkeMargie
Title: Recycling Coordinator, Solid&Hazardous Waste Management
Date: 4/28/2015 2:03:30 PM
Name: HerreraSandra
Title: Manager-Procurement, Administrative Services Department
Date: 5/13/2015 7:42:26 AM
Name: JacobsSusan
Title: Operations Analyst,Public Utilities Department
Date: 5/13/2015 10:31:36 AM
Name: MarkiewiczJoanne
Title: Division Director-Purchasing&Gen Svc,Administrative Services Department
Date: 5/13/2015 10:34:24 AM
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Name: Joseph Bellone
Title: Division Director-Operations Support,Public Utilities Department
Date: 5/14/2015 10:53:49 AM
Name: HallSwainson
Title: Procurement Specialist,Administrative Services Department
Date: 5/18/2015 4:33:35 PM
Name: RodriguezDan
Title:Division Director- Solid Waste,Public Utilities Department
Date: 5/18/2015 4:44:41 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 5/19/2015 9:18:29 AM
Name: YilmazGeorge
Title: Department Head-Public Utilities,Public Utilities Department
Date: 5/19/2015 9:38:08 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/19/2015 11:10:28 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 5/27/2015 5:55:52 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/28/2015 7:29:42 AM
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Contract# 14-6356 "Re-Design of the Northeast Recycling Center"
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2015
by and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and
Disney & Associates, P.A., authorized to do business in the State of Florida, whose business
address is 1865 Veterans Park Drive, Suite 301, Naples, Florida 34109-0447 (hereinafter
referred to as the "CONSULTANT").
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Design services of the
CONSULTANT concerning the Re-Design of the Northeast Recycling Center (hereinafter
referred to as the "Project"), said services being more fully described in Schedule A, "Scope of
Services", which is attached hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
and
WHEREAS, the CONSULTANT represents that it has expertise in the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
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ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Design 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 Dales Disney, President, a qualified licensed professional to
serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project
Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the
CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote
whatever time is required to satisfactorily manage the services to be provided and performed by
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the CONSULTANT hereunder. The Project Coordinator shall not be removed by
CONSULTANT from the Project without OWNER'S prior written approval, and if so removed
must be immediately replaced with a person acceptable to OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from Owner to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and
requirements of any governmental agencies, and the Florida Building Code where applicable,
which regulate or have jurisdiction over the Services to be provided and performed by
CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76
F.S.), as amended, and the Florida Public Records Law Chapter 119 (including specifically
those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3)) as follows:
(2) in addition to other contract requirements provided by law, each public agency
contract for services must include a provision that requires the contractor to comply with public
records laws, specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be required
by the public agency in order to perform the service.
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(b) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed
the cost provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the contractor upon termination of
the contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the public agency in a format that is compatible
with the information technology systems of the public agency.
(3) If a contractor does not comply with a public records request, the public agency shall
enforce the contract provisions in accordance with the contract.
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.
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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
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt
written notice of any such subpoenas.
1.9. As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the
RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have
common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement-
EOP, etc), and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through a Change Order 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 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 Purchasing Ordinance and Procedures in effect at the time such
services are authorized. These services will be paid for by OWNER as indicated in Article Fiv
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and Schedule B. Except in an emergency endangering life or property, any Additional Services
must be approved in writing via an Amendment to this Agreement prior to starting such services.
OWNER will not be responsible for the costs of Additional Services commenced without such
express prior written approval. Failure to obtain such prior written approval for Additional
Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional
Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a
part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a
change in the Agreement is required because of the action taken by CONSULTANT in response
to an emergency, an Amendment shall be issued to document the consequences of the
changes or variations, provided that CONSULTANT has delivered written notice to OWNER of
the emergency within forty-eight (48) hours from when CONSULTANT knew or should have
known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above,
waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its
compensation or time of performance under this Agreement. The following services, if not
otherwise specified in Schedule A as part of Basic Services, shall be Additional Services:
2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
2.2. Services resulting from significant changes in the general scope, extent or character of
the Project or its design including, but not limited to, changes in size, complexity, OWNER'S
schedule or character of construction; and revising studies, reports, design documents or
Contract Documents previously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
reasonably anticipated prior to the preparation of such studies, reports or documents, or are due
to any other causes beyond CONSULTANT'S control and fault.
2.3. Providing renderings or models for OWNER'S use.
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2.4. Investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; and evaluating processes available for licensing and
assisting OWNER in obtaining such process licensing.
2.5. Furnishing services of independent professional associates and consultants for other
than the Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by OWNER, other than visits to the Project site or OWNER's office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
2.9 Additional services rendered by CONSULTANT in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in Collier County as part of
the Basic Services in accordance with generally accepted professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S
representative with respect to the services to be rendered under this Agreement (hereinafter
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
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respect to CONSULTANT'S services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatever:
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by
the CONSULTANT for payment for services and work provided and performed
in accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to OWNER's
requirements for the Project, including design objectives and constraints,
space, capacity and performance requirements, flexibility and expandability,
and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings, specifications,
shop drawings, product literature, previous reports and any other data relative
to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under this
Agreement; and
(IT
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(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts
of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to
have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
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Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT until such time as the
CONSULTANT resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or
will shortly be back on schedule.
4.5. In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be
deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or
any other damages hereunder.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation", which is attached hereto and made a part hereof.
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
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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 or to perform
additions to or remodeling, replacement or renovations of the Project. CONSULTANT also
acknowledges OWNER may be making Project Documents available for review and information
to various third parties and hereby consents to such use by OWNER.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as may
be required by law. OWNER, or any duly authorized agents or representatives of OWNER,
shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and during
the five (5) year period noted above, or such later date as may be required by law; provided,
however, such activity shall be conducted only during normal business hours.
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ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and
hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to
this Agreement.
9.2. All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3. All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy, Professional
Liability policy, and the Workers Compensation policy, provided by CONSULTANT to
meet the requirements of this Agreement shall name Collier County Government, Collier
County, Florida, as an additional insured as to the operations of CONSULTANT under
this Agreement and shall contain a severability of interests provisions.
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.
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9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self-
insurance program carried by OWNER applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any
insurance or self-insurance program carried by OWNER applicable to this Project.
9.3.4. The Certificates of Insurance must read: For any and all work performed on
behalf of Collier County, or reference this contract number.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall
be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and received by
OWNER, except such rights as they may have to the proceeds of such insurance held by any of
them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the Department
of Insurance of the State of Florida to transact the appropriate insurance business in the
State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial rating of "Class
VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
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
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such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not
be removed or replaced without OWNER'S prior written consent.
10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the
subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this
Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities
which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each
subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER
under this Agreement with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to
enter into similar agreements with its sub-subconsultants or sub-subcontractors.
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
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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 CONSULTANTS 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) CONSULTANTS failure to obey any laws, ordinances, regulations or other
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this
Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT (-
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
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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, CONSULTANTS recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty-five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
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by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto
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
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Agreement are accurate, complete and current at the time of the Agreement. The
CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement price
was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following OWNER'S address of record:
Board of County Commissioners
Collier County Florida
Procurement Services Division
3327 Tamiami Trail East
Naples, FL 34112
Attention: Joanne Markiewicz, Director, Procurement Services Division
Telephone: 239-252-8407; Fax: 239-252-6480 .
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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:
Disney & Associates, P.A.
1865 Veterans Park Drive, Suite 301
Naples, Florida 34109-0447
Phone: 239-596-2872; Fax: 239-596-2874
Attn: Dalas Disney, President
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER
and assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
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.
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17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any
and all prior agreements or understandings, written or oral, relating to the matter set forth
herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
17.8. This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9. The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSULTANTS AND
SUBCONTRACTORS
RFP # 14-6356 "Re-Design of the Northeast Recycling Center" Terms and
Conditions
Consultant's RFP Proposals dated November 10, 2014 and March 26, 2015
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
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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 AGREEMENTIPUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement. At the time this Agreement is
executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate
identified in Article 13 and attached hereto and made a part hereof as Schedule E.
CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"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
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amount provided in s. 287.017 for CATEGORY TWO for a period of 36
months following the date of being placed on the convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision-making authority and by OWNER'S staff person who would make the
presentation of any settlement reached during negotiations to OWNER for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision-making authority and
by OWNER'S staff person who would make the presentation of any settlement reached at
mediation to OWNER'S board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT
to comply with the laws referenced herein shall constitute a breach of this agreement and the
County shall have the discretion to unilaterally terminate this agreement immediately.
**********
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Consulting Design Services the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Dwight E. Brock, Clerk
By:
Date: By:
Tim Nance, Chairman
Approved as to Form and Legality:
Assistant County Attorney
Name
Disney & Associates, P.A.
By:
Witness
Dalas Disney/Architect/ President
Name and Title Name and Title
Witness
Name and Title
c
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SCHEDULE A
SCOPE OF SERVICES
Contract 14-6356 "Re-Design of the Northeast Recycling Center"
Background of Project:
The Collier County Solid Waste Office has selected the Consultant to re-design a new
recycling drop-off center which is to be located on a parcel of land east of the County
Fair Grounds, in Naples, Florida, for occupancy and use sometime in the second half of
2015. The project will provide increased recycling services for communities in the north
county area by providing a convenient collection center for recyclable materials and
household hazardous waste.
The project was originally designed and permitted as a one story structure of
approximately 37,000 gross square feet of floor area that included a defined number of
Alternates to allow the owner options with the available funds.
The selected design team will provide all necessary architectural and engineering
documents needed for design development, permitting (including a Site Development
Plan), bid phase support, and design support services during construction of a new
20,000 GSF building with Future Expansion of up to an additional 8,000 GSF.
Detailed Scope of Work
A. Scope of Project
1. Provide programming and preliminary design documents for use in
establishing the basis for the final design of the building. These documents
will include site plans, floor plans and building elevations in sufficient detail
to illustrate the program of spaces, convey general building and site design
and to generate a project budget.
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2. Provide final design documents including, but not limited to, architecture,
civil engineering, building engineering and landscape architecture required
for permitting and construction.
B. Scope of Architectural Services
The Consultant's services for the Re-Design shall include the following tasks:
Task 1 — Site Development Plan and Final Site Permitting
Architectural and Civil Site Design:
Deliverables:
1.1 Generate schematic floor plans and site plans to coordinate Architectural and Site
components.
1.2 Review the design options along with the preliminary cost estimates with Collier
County Solid Waste Division and implement any changes and or modifications to the
preliminary design documents.
1.3 Revise existing plans to meet Growth Management Division (GMD) requirements for
approval; Update Landscaping plans to coordinate with new Architectural Design;
Update septic system plans and site permit documents; Update well plans and permit
documents; Prepare new Site Development Plan (SDP) RAI submittal package to obtain
permit; Coordinate documents for GMD requirements to obtain SDP site approval and
permit.
1.4 Schedule and attend SDP Pre-application meeting with Collier County Development
Services based on the selected site/building plan. (SDP pre-application fee will be paid
by Collier County)
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1.5 Provide Engineer's opinion of construction cost for use in establishing the project
budget for use in Task 3.
Task 2— Preliminary Site and Building Design
Services Included:
a. Architectural design and permit documents.
b. Civil engineering design.
c. Structural engineering design.
d. Building mechanical, electrical, plumbing engineering.
e. Landscape architecture.
f. Boundary survey.
g. Soil borings and geotechnical report.
Deliverables:
2.1 Site Development Plan (SDP) modification submittal:
Provide Preliminary Services to acquire, assemble, and coordinate all Architectural
scope of work for the project. Research project initial anticipated scope of work and
issue to consultants for coordinated effort and elimination of unnecessary services.
Verify inclusion of necessary services as outlined in the Professional Services
Agreement. Prepare all Architectural sub-consultant agreements. Set-up all project files,
billing procedures, CAD system Management and digital back-up systems.
2.2 Concept and Schematic Design — Produce concept design and meet with user /
client at the project site. Include up to two (2) site meetings and a total of four (4) man-
hours meeting time. Deliverables shall be hand sketches and / or line drawings for the
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concept plan layout of the space design. Schematic Design Services - Architectural
Schematic design includes the design concept for the basic building of the facility.
Provide basic floor plan layout(s), basic building section and exterior elevation design
for review and approval.
2.3 Design Development Services - Design Development to further define the project
and shall proceed based upon the approval and comments of the Schematic Design
phase. The documents shall proceed to the approximate 50% completion for review and
approval by Collier County.
Final Design:
2.4 Construction Documents. Provide construction documents including drawings and
specifications to comply with the current Florida Building Code, in sufficient detail for
bidding, permitting and construction. Construction Documents — Upon approval of the
Design Development plans produce construction and permitting documents for the
approved plan concept. Produce a complete "For Construction" package of drawings
and specifications, in preparation for bidding and contractor selection. Construction
plans are the full development of Bidding Documents for the project with utility
connections coordinated with the Civil Engineering document of Task 1. Utilities
coordination shall include the domestic water, sanitary sewer, fire water connection,
electrical, telephone and cable TN as applicable. Site electrical shall be included for
emergency generator back up power and electrical power to site lighting. Documents to
be provided but not limited to the following; Architectural location map and Site Plan,
floor plan(s) and partial floor plan(s), reflected ceiling plan(s), interior finish indications,
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door and window schedules, building and wall sections, interior fire wall designations
and UL designs, interior wall types and details, with interior elevations. Provide Site
signage design and coordination of entry gates and vehicular access controls.
Structural, Mechanical and Electrical engineering shall be based upon the final building
design and coordinated with the architectural concepts. Fire protection is included as
sprinkler head locations and performance based specifications for bidding.
2.5 Provide Material & color selections.
2.6 Provide one Aerial view color rendering of the project and surrounding site area.
Deliverable shall be one high resolution format electronic image in jpg, tiff, or other
format as requested by Collier County.
Task 3 — Permitting
Deliverables:
3.1 Building Permit Submission - Architect shall prepare application documents for
building permit to Collier County. Permit application fees payment is anticipated by
internal letter transfer of funds. Submit documents on behalf of the County for building
permit review; provide any support during that process to achieve a permit status of
"Ready for Issuance".
3.2 Site permitting shall be as outlined in Task 1 as provided by the Civil Engineer.
3.3 Respond to and provide corrective action as may be related permitting review
comments.
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Task 4 — Bidding
Under this task, the Consultant, (including appropriate subconsultants for Architectural,
MEP, FP, Civil and Landscape) will assist the County and the County Purchasing
Department with the preparation of all project related bid documents. The scope of
work will include the following elements:
4.1 Coordinate with Collier County Procurement Services Division in bidding
requirements.
4.2 Produce a complete "For Construction" package of drawings and specifications, in
preparation for bidding and contractor selection. Submit in a pdf format package for
distribution by Collier County Procurement Services Division.
4.3 Attend pre-bid conference.
4.4 Respond to contractor/subcontractor questions.
4.5 Prepare written Addenda, if applicable.
4.6 Assist Owner with pricing analysis.
4.7 Provide an Estimate of Probable Cost based upon the approved Final Design and
provide an Estimate of cost for the scope of design work. Deliverable shall be a cost
report in 8.5 x 11 or 11 x 17 document and Excel spreadsheet format.
Task 5 — Post Design and Construction Contract Administration Phase
Under this task, the Consultant, (including appropriate subconsultants for Architectural,
MEP, FP, Civil and Landscape) will assist the County during the Construction of the
Project, including, but not limited to, the following:
5.1 Attend preconstruction conference.
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5.2 Process monthly Contractor Payment Applications.
5.3 Review shop drawings.
5.4 Respond to Requests for Interpretation (RFIs).
5.5 Review and make recommendations on Contractor provided change orders.
5.6 Observe construction activities for duration of the construction.
5.7 Incorporate Contractor provided and all other "as-built" information into an updated
final drawing set in Auto Cad format. Data shall be based on information provided by the
Contractor and the Contractors surveyor..
5.8 Assemble the Utility Dedication package for submission to Collier County or
Orangetree Utilities. Coordinate with Collier County related to turnover timing and
ownership. Coordinate with County Attorney to obtain necessary legal documents for
Utility Dedication Package. The County shall separately obtain Land Use Attorney
assistance if turn over conveyance is to Orange Tree Utilities. Prepare other
certifications for Architect/Engineers scope of work related to Collier County, SFWMD
and FDEP.
5.9 Perform Final completion inspections, review of submitted manuals and all other
contract closeout items.
Task 6 — Other Expenses
Under this task, the Consultant, (including appropriate subconsultants for Architectural,
MEP, FP, Civil and Landscape) upon County's written request, prior to the one (1) year
anniversary of the Certificate of Occupancy for the facility, will perform an inspection of
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the facility. The design team will report to the County, in writing, any issues related to
warranty claims or adjustments.
Deliverables:
1 Year Warranty Inspection Report
Reimbursable Expenses — Expenses incurred in the course of providing services for this
project shall be in accordance with those outlined in the agreement. This estimate is
subject to revision to the actual expenses and shall be limited to the actual expenses
only with documentation back-up provided with the invoice.
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SCHEDULE B
BASIS OF COMPENSATION
LUMP SUM AND TIME AND MATERIALS
1. MONTHLY STATUS REPORTS
B.1.1. As a condition precedent to payment, CONSULTANT shall submit to OWNER as
part of its monthly invoice a progress report reflecting the Project status, in terms of the
total work effort estimated to be required for the completion of the Basic Services and
any authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage
complete of each item.
B1.1.1. All monthly status reports and invoices shall be mailed to the attention of:
Dayne Atkinson, Collier County Public Utilities Department, 3339 Tamiami
Trail East, Suite 302, Naples, Florida 34112, telephone: (239) 252-5337.
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make
the Lump Sum and Time and Material payments to CONSULTANT in accordance with
the terms stated below. Payments will be made in accordance with the following
Schedule; however, the payment of any particular line item noted below shall not be due
until services associated with any such line item have been completed or partially
completed to OWNER'S reasonable satisfaction.
Task Task Description Lump Sum Time and
Materials
Not To Exceed
1. Site Development Plan and Final Site $32,010 $0.00
Permitting
2. Preliminary Site and Building Design $182,775 $0.00
3. Permitting $5,693 $0.00
4. Bidding $14,892 $0.00
5. Post Design and Construction Contract $86,940 $0.00
Administration Phase
6. Other Expenses $0.00 $7,500
TOTAL FEE (Total Tasks 1- 6) $330,010
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B.2.2. The fees noted in Section B.2.1. shall constitute the amounts to be paid to
CONSULTANT for the performance of the Basic Services. Direct Labor Costs mean
the actual salaries and wages (basic, premium and incentive) paid to
CONSULTANT'S personnel, with respect to this Project, including all indirect payroll
related costs and fringe benefits, all in accordance with and not in excess of the
rates set forth in the Attachment I to this Schedule B.
B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed
time records, and any other documentation reasonably required by OWNER,
regarding CONSULTANT'S Direct Labor Costs incurred at the time of billing, to
be reviewed and approved by OWNER.
B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any,
OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable
Expenses based on the services to be provided and as set forth in the
Amendment authorizing such Additional Services. 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 provision of Section B.3.4.1 below.
There shall be no overtime pay on Additional Services without OWNER'S prior
written approval.
B.2.5. The compensation provided for under Section B.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 the 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 B.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 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
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in a form and manner required by Owner. Additionally, the number of the
purchase order granting approval for such services shall appear on all invoices.
B.3.1.1 Payments will be made for services furnished, delivered, and
accepted, upon receipt and approval of invoices submitted on the date of
services or within six (6) months after completion of contract. Any untimely
submission of invoices beyond the specified deadline period is subject to
non-payment under the legal doctrine of "!aches" 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 Project name and shall not be submitted more than
one time monthly.
6.3.3. 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.3.4. 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 five percent (5%) on the
fees and expenses associated with such subconsultants and subcontractors.
B.3.4.1 Reimbursable Expenses must comply with section 112.061, Fla. Stat.,
or as set forth in the Agreement, be charged without mark-up by the
CONSULTANT, and shall consist only of the following items:
B.3.4.1.1. Cost for reproducing documents that exceed the number of
documents described in this Agreement and postage and
handling of Drawings and Specifications.
B.3.4.1.2. Travel expenses reasonably and necessarily incurred with
respect to Project related trips, to the extent such trips are
approved by OWNER. Such expenses, if approved by
OWNER, may include coach airfare, standard accommodations
and meals, all in accordance with section 112.061, F.S. Further,
such expenses, if approved by OWNER, may include mileage
for trips that are from/to destinations outside of Collier or Lee
Counties. Such trips within Collier and Lee Counties are
expressly excluded.
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B.3.4.1.3. Permit Fees required by the Project.
B.3.4.1.4. Expense of overtime work requiring higher than regular rates
approved in advance and in writing by OWNER.
B.3.4.1.5. Expense of models for the County's use.
B.3.4.1.5. Other items on request and approved in writing by the OWNER.
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ATTACHMENT 1 TO SCHEDULE B
PROFESSIONAL FEE SCHEDULE
ARCHITECT- Disney &Associates, PA
Title Hourly Rate
Principal Architect $206.00
Senior Project Manager $172.00
CAD Technician $81.00
Administrative Assistant $62.00
Subconsultants
CIVIL - Davidson Engineering, Inc.
Title Hourly Rate
Principal $195
Senior Project Manager $172
Project Manager $147
Senior Engineer $157
Engineer $123
Senior Inspector $96
Inspector $76
Senior Planner $139
Planner $110
Senior Designer $114
Designer $94
Senior Environmental Specialist $134
Environmental Specialist $109
Senior GIS Specialist $139
GIS Specialist $102
Senior Project Coordinator $85
Project Coordinator $75
Clerical $62
Senior Technician $85
Technician $72
CADD Technician $81
Registered Landscape Architect $147
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STRUCTURAL - Liebl & Barrow Engineering, Inc.
Title Hourly Rate
Principal Engineer $157
Professional Engineer $123
CAD Technician $81
Construction Inspector $75
Construction Inspector-Weekend / OT $112.50
Clerical $50
PLUMBING, MECHANICAL, ELECTRICAL, FIRE PROTECTION
Burgess Brant Consulting Engineers
Title Hourly Rate
Principal Engineer $150
Designer $90
CAD Drafter $70
Administration/Secretary $50
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SCHEDULE C
PROJECT MILESTONE SCHEDULE
Z i t t I
Task Description Time Span
V SYI,.
sl v o h
1 Site Development Plan and Final Site Permitting 4-6 Months from NTP
2 Preliminary Site and Building Design 5-6 Months from NTP
3 Building Permitting Estimate 1-2 Months
(Occurs after Task 2)
4 Bidding Estimate 1-2 Months
Plus BCC Approval time
5 Post Design and Construction Contract Administration Estimate 12-15 months
Note, the Construction Administration Task Services is to be provided in accordance
with the terms of the Construction Contract and the Project Construction Schedule to be
developed and provided pursuant to the Construction Contract and are anticipated not
to exceed fifteen (15) months after the Contractor's Notice to Proceed.
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SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements
or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any
of the below listed minimum required coverages, CONSULTANT must identify on the Certificate
of Insurance the nature and amount of such self-insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be CONSULTANTS sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the services until the date of completion and acceptance of the Project by the OWNER or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the
OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages
and limits required hereunder. In addition, certified, true and exact copies of all insurance
polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
certificates shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until at least thirty (30) days prior written notice has been given to
the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24)
hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverages or limits received by CONSULTANT from its insurer, and nothing contained herein
shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in
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the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or
self insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not constitute
approval or agreement by the OWNER that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and maintain, until
the completion of the subconsultant's services, insurance of the types and to the limits specified
in this Section except to the extent such insurance requirements for the subconsultant are
expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand,
OWNER has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall
be under no obligation to purchase such insurance, nor shall it be responsible for the coverages
purchased or the insurance company or companies used. The decision of the OWNER to
purchase such insurance coverages shall in no way be construed to be a waiver of any of its
rights under the Agreement.
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
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CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of
the 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)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
_X_ $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER and the
policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
Applicable X Not Applicable
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(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
Applicable X Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement?_X_ Yes No
(1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance
by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the
following:
General Aggregate $300,000
Products/Completed Operations Aggregate $300,000
Personal and Advertising Injury $300,000
Each Occurrence $300,000
Fire Damage $ 50,000
General Aggregate $500,000
Products/Completed Operations Aggregate $500,000
Personal and Advertising Injury $500,000
Each Occurrence $500,000
Fire Damage $ 50,000
_X General Aggregate $2,000,000
Products/Completed Operations Aggregate $2,000,000
Personal and Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage $ 50,000 (�
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(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 CONSULTANT shall be subject to the approval of the Risk
Management Director or his/her designee.
(3) The OWNER, Collier County Government, shall be named as an Additional Insured
and the policy shall be endorsed that such coverage shall be primary to any similar coverage
carried by the OWNER.
(4) Coverage shall be included for explosion, collapse or underground property damage
claims.
(5) 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
(7) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Applicable X Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? X Yes No
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(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less
than:
Bodily Injury & Property Damage - $ 500,000
X Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? X Yes - No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under
this insurance. Such insurance shall have limits of not less than:
$ 500,000 each claim and in the aggregate
X each claim and in the aggregate
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$2,000,000 each claim and in the aggregate
$5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(3) The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to OWNER of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material
change in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1) In the sole discretion of the County, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
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PROJECT PROFESSIONAL LIABILITY
(1) If OWNER notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and
OWNER'S insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT'S professional
liability policy. If no credit is available from CONSULTANT'S current professional policy
underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next
renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent
professional liability policies that renew during the term of the project policy). CONSULTANT
agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for
the provision of project-specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured
consultants.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
c. Current deductibles/self-insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
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SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Disney & Associates, P.A. 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 RFP #14-6356 "Re-Design of the Northeast
Recycling Center" are accurate, complete and current as of the time of contracting.
Disney & Associates, P.A.
BY:
Dales Disney/Architect 1 President
TITLE:
DATE:
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SCHEDULE F
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
Project Architect: Disney & Associates, PA- Dalas D. Disney, AIA
Subconsultants:
21% Civil Engineer: Davidson Engineering
10% Structural Engineer: Liebl & Barrow Engineering, Inc.
7% PME Engineer: Burgess Brant Consulting Engineers
1% Fire Protection: Burgess Brant Consulting Engineers
y.y
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