Agenda 10/13/2015 Item #16C210/13/2015 16.C.2.
EXECUTIVE SUMMARY
40*11"N Recommendation to approve Contract 15 -6450, "Naples Park Infrastructure Improvements,"
Project Numbers 60139, 70043, 70044, 70046, 70050, 70051, and 71010, with Q. Grady Minor &
Associates.
OBJECTIVE: To obtain professional engineering services for the Naples Park Infrastructure
Improvements Projects that will address the need to serve our water, wastewater and stormwater
customers reliably, sustainably, and in regulatory compliance.
CONSIDERATIONS: The Public Utilities Department (PUD) is systematically rehabilitating the aging
water and wastewater facilities in Naples Park. As part of that process, there will be a significant amount
of engineering and ultimately construction that will overlap with drainage facilities. The Growth
Management Department (GMD) and PUD have collaboratively adjusted their work programs to take
advantage of the cost savings and reduced community impacts associated with a unified program.
The proposed scope of work under Project Number 60139, "Naples Park Stormwater Management
Improvements" is consistent with the Stormwater Management Capital Improvement Program (CIP)
approved by the Board of County Commissioners (Board) on September 18, 2014. The proposed scope
of work under Project Numbers 70043, "Gravity Transmission System Technical Support Program;"
70044, "Force Main Transmission System Technical Support Program;" 70046, "Wastewater Pump
Station TSP ;" 70050, "Master Pump Station TSP;" 70051, "Collections Power Systems TSP;" and 71010,
"Distribution System Technical Support Program" is consistent with the CIP contained in the Water,
Wastewater, Irrigation Quality Water, and Bulk Potable Water User Rate Study approved by the Board on
June 10, 2014, as Agenda Item 11 C. Funding for Project Numbers 60139, 70043, 70044, 70046, 70050,
70051, and 71010 is available in, and consistent with, the FY2016 CIP Budget.
Naples Park was selected and approved for $750,000 of State of Florida grant funding in the current fiscal
year and is our number one legislative priority in the new fiscal year.
The combined size, scope, and duration of the Naples Park project(s) will exceed $200,000 in design and
$2,000,000 in construction value, thus requiring a solicitation complying with the Consultant's
Competitive Negotiation Act (CCNA). In order to secure a design professional compliant with CCNA,
PUD and GMD solicited RFP 15 -6450. On July 7, 2015, the Board approved the selection committee's
ranking of engineering consultants under Agenda Item 16C4.
Approval of the next phase of the process through this design contract will enable various agency
departments to work together in designing collaborative and cost efficient construction projects in Naples
Park. PUD has begun to replace water mains on 91 st through 94th Avenues North, and this contract will
allow future designs to also incorporate sewer replacement and stormwater improvements in coordination
with the GMD. The result will be a coordinated, multifaceted construction program that reduces the
impacts to residents by executing construction in a single project. The combined program also reduces the
costs of design and construction as compared to individual projects.
Per the terms and conditions of the contract, purchase orders for engineering design services in excess of
$200,000 will require separate Board approval. All construction phases will be competitively bid and also
require separate Board approval. Projects will be funded by annual appropriations adopted in each of the
department's Board approved budgets.
FISCAL IMPACT: Funding is available in, and is consistent with, the FY2016 Capital Budget approved
by the Board on September 24, 2015. The sources of funding are the Wastewater User Fee Fund (414),
Water User Fee Fund (412), and Stormwater Fund (325).
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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 the current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATION: That the Board of County Commissioners, Ex- officio the Governing Board of
the Collier County Water -Sewer District, approves Contract 15 -6450, "Naples Park Infrastructure
Improvements," with Q: Grady Minor, and authorizes the Chairman to execute the attached contract after
final review by the County Attorney's Office.
Prepared by: Craig Pajer, PE, Principal Project Manager, Public Utilities Planning and Project
Management Division
Attachment: 1) Proposed Contract
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.C.16.C.2.
Item Summary: Recommendation to approve Contract 15 -6450, "Naples Park
Infrastructure Improvements," Project Numbers 60139, 70043, 70044, 70046, 70050, 70051,
and 71010, with Q. Grady Minor & Associates.
Meeting Date: 10/13/2015
Prepared By
Name: PajerCraig
Title: Project Manager, Principal, Public Utilities Department
9/11/2015 10:07:12 AM
Submitted by
n Title: Project Manager, Principal, Public Utilities Department
Name: PajerCraig
9/11/2015 10:07:14 AM
Approved By
Name: MarcellaJeanne
Title: Executive Secretary, Growth Management Department
Date: 9/15/2015 9:50:56 AM
Name: KurtzGerald
Title: Project Manager, Principal, Growth Management Department
Date: 9/15/2015 6:01:00 PM
Name: Steve Messner
Title: Division Director - Water, Public Utilities Department
Date: 9/16/2015 9:05:17 AM
Name: HapkeMargie
Title: Recycling Coordinator, Public Utilities Department
Date: 9/17/2015 8:51:47 AM
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Name: JohnssenBeth
Title: Division Director - Wastewater, Public Utilities Department
Date: 9/18/2015 12:04:30 AM
Name: TaylorLisa
Title: Management/Budget Analyst, Senior, Growth Management Department
Date: 9/18/2015 11:07:16 AM
Name: KearnsAllison
Title: Manager - Financial & Operational Sprt, Growth Management Department
Date: 9/21/2015 2:08:18 PM
Name: Joseph Bellone
Title: Division Director - Operations Support, Public Utilities Department
Date: 9/21/2015 3:05:34 PM
Name: ChmelikTom
Title: Division Director - Public Utilities Eng, Public Utilities Department
Date: 9/22/2015 9:49:04 AM
Name: PattersonAmy
Title: Division Director - IF, CPP & PM, Growth Management Department
Date: 9/22/2015 12:23:33 PM
Name: MarkiewiczJoanne
Title: Division Director - Procurement Services, Administrative Services Department
Date: 9/22/2015 6:51:33 PM
Name: HerreraSandra
Title: Manager - Procurement, Administrative Services Department
Date: 9/23/2015 8:34:31 AM
Name: HallSwamson
Title: Procurement Specialist, Administrative Services Department
Date: 9/23/2015 1:49:44 PM
Name: YilmazGeorge
Title: Department Head - Public Utilities, Public Utilities Department
Date: 9/24/2015 12:47:38 PM
Name: TeachScott
Title: Deputy County Attorney, County .Attorney
Date: 9/25/2015 10:48:41 AM
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Name: KlatzkowJeff
Title: County Attorney,
Date: 9/25/2015 4:50:21 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 9/30/2015 1:10:59 PM
Name: Casa] anguidaNi ck
Title: Deputy County Manager, County Managers Office
Date: 10/2/2015 8:15:25 AM
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Contract #15-6450
"Naples Park Infrastructure Improvements"
FIXED TERM CONTRACT FOR PROFESSIONAL SERVICES
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 Q. Grady Minor and
Associates, P.A., authorized to do business in the State of Florida, whose business address is 3800
Via Del Rey, Bonita Springs, FL 34134 (hereinafter referred to as the "CONSULTANT").
W I T N E S S E T H:
WHEREAS, it is in the best interests of OWNER to be able to obtain professional
CONSULTANT engineering services concerning "Naples Park Infrastructure Improvements"
(hereinafter referred to as the "Project"), said services being more fully described in Schedule B,
"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-,
WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act),
makes provisions for a fixed term contract with a firm to provide professional services to a political
subdivision, such as the County; and
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WHEREAS, OWNER has selected the CONSULTANT in accordance with the provisions of
Section 287.055, Florida Statutes, to provide professional CONSULTANT engineering services on a
fixed term basis as directed by OWNER for such project and tasks as may be required by OWNER,
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE 1
CONSULTANT'S RESPONSIBILITY
1.1 CONSULTANT shall provide to OWNER professional engineering services (hereinafter the
"Services") in all phases of the Project to which this Agreement applies, upon the written request or
direction of OWNER as hereinafter provided. The term "Services" includes all Additional Services
11-N authorized by written Amendment or Change Order as hereafter provided.
1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in
conformance with the scope of services described in detail in Schedule B, which shall be described in
subsequent Work Orders issued pursuant to the procedures described herein. The form of the Work
Order is set forth in attached Schedule A. Reference to the term "Work Order" herein, with respect to
authorization of Services, includes all written Amendments or Change Orders to any particular Work
Order. The CONSULTANT acknowledges and agrees that each individual Work Order shall not
exceed $200,000 unless otherwise approved in writing by the Board of County Commissioners.
1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order.
CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required in
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a written Work Order. Any Services provided by CONSULTANT without a written Work Order shall be
at CONSULTANT'S own risk and OWNER shall have no liability for such Services.
1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to
the terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such Services,
said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement
with respect to such Services, including, but not limited to the scope, compensation and schedule for
performance of those Services, a Work Order shall be prepared which incorporates the terms of the
understanding reached by the parties with respect to such Services and if both parties are in
agreement therewith, they shall jointly execute the Work Order.
1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly
provide the Services required thereby, in accordance with the terms of this Agreement and the subject
Work Order.
1.2.4 All duly executed Work Orders (including all written Amendments or Change Orders
thereto) are hereby incorporated into and made a part of this Agreement by reference.
13 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
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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 hereby designates Mark W. Minor, P.E. as its Principal in Charge (hereinafter
referred to as the "Principal in Charge ") with full authority to bind and obligate CONSULTANT on all
matters arising out of or relating to this Agreement. In each Work Order CONSULTANT will
designate a qualified licensed professional to serve as CONSULTANT'S project coordinator for the
Services to be provided under that Work Order (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 the Work Order. Further, the Project Coordinator has full authority to bind and
obligate the CONSULTANT on all matters arising out of or relating to the Work Order. The
CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote
whatever time is required to satisfactorily manage the services to be provided and performed by the
CONSULTANT under the Work Order. CONSULTANT further agrees that the Principal in Charge
and Project Coordinators shall not be removed by CONSULTANT 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 Principal in Charge or any 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 any of the Services pursuant to the requirements of this Agreement or any
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applicable Work Order, 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 and experience in the type
of professional engineering services that will be required under this Agreement. 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.
(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.
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(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 any design documents in no way relieves CONSULTANT
of its obligation to deliver complete and accurate documents necessary for successful completion of
the Services required under the subject Work Order,
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
H.
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I-]
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 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 Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida
State Plane East (US Feet) Coordinate System (NAD 83190). 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 2
ADDITIONAL SERVICES OF CONSULTANT
2.1 If authorized in writing by Owner through an Amendment or Change Order to a Work Order,
CONSULTANT shall furnish or obtain from others Additional Services beyond those Services in
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Schedule B and authorized in the Work Order. The agreed upon scope, compensation and schedule
for Additional Services shall be set forth in the Amendment or Change Order 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 Five and Schedule C. Except in an emergency endangering life or
property, any Additional Services must be approved in writing via an Amendment or Change Order to
the subject Work Order 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
I
,—, is not additional but rather a part of the Services originally required of CONSULTANT under the
subject Work Order.
2,2 If OWNER determines that a change in a Work Order is required because of the action taken
by CONSULTANT in response to an emergency, an Amendment or Change Order 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 the subject Work Order.
2.3 The following services, if not otherwise specified in Schedule B as part of Scope of Services, shall
be Additional Services:
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2,31 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.
2.3.2 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.
2,33 Providing renderings or models for OWNER'S use.
2,3.4 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.
2.3,5 Furnishing services of independent professional associates and consultants for other
than the Basic Services to be provided by CONSULTANT hereunder.
2.3.6 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.
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2.3.7 Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
2.3.8 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).
2.3.9 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 3
OWNER'S RESPONSIBILITIES
3.1 For each Work Order, OWNER shall designate in writing a project manager to act as
OWNER'S representative with respect to the Services to be rendered under the Work Order
(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 under the Work Order. 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 as
set forth in the Work Order:
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(b) The time the CONSULTANT is obligated to commence and complete all such
Services as set forth in the Work Order; or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT as set forth in the Work Order.
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 Services specified in the Work Order, 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 Services specified in the Work Order, including existing drawings,
specifications, shop drawings, product literature, previous reports and any other
data relative to the subject Work Order;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the site
(if any) set forth in the Work Order to perform the Services to be provided by
CONSULTANT under the subject Work Order; and
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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 4
TIME
4.1 Each Work Order will have a time schedule ("Schedule") for the performance of the Services
required under the subject Work Order. Said Schedule shall be in a form and content satisfactory to
OWNER. Services to be rendered by CONSULTANT shall be commenced, performed and completed
in accordance with the Work Order and the Schedule. Time is of the essence with respect to the
performance of the Services under each Work Order.
4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the
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 Unless otherwise expressly provided in the Work Order, 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
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right to seek an extension of time to the 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.
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 under this Agreement (including any and all Work
Orders) 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 any particular Work Order 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.
4,6 The period of service shall be from approval by the Board of County Commissioners through
the construction of the project and any close out related activities, or until such time as all outstanding
Work Orders issued prior to the expiration of the Agreement period have been completed,
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ARTICLE 5
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 each Work Order. CONSULTANT
agrees to furnish to OWNER, after the end of each calendar month, or as specified in the Work
Order, a comprehensive and itemized statement of charges for the Services performed and rendered
by CONSULTANT during that time period, and for any OWNER authorized reimbursable expenses as
herein below defined, incurred and/or paid by CONSULTANT during that time period. The monthly
statement shall be in such form and supported by such documentation as may be required by
OWNER. All such statements shall be on CONSULTANT'S letterhead and shall indicate the
Agreement Number, Work Order Number, Purchase Order Number and Project Site description (if
any)
5.2 The compensation (whether based upon a negotiated lump sum, time and materials, hourly
with a cap or some other agreed to format) contained in each separate Work Order shall be based on
the hourly rates as set forth and identified in Schedule C which is attached hereto, for the time
reasonably expended by CONSULTANT'S personnel in performing the Services. The Rate Schedule
shall remain in effect for a period of four (4) years from the date of award by the Board of County
Commissioners. Subsequently, at the discretion of the OWNER and upon the written request of the
CONSULTANT at least thirty (30) days in advance, all prices may be adjusted, based on the
Consumer Price Index-South Region.
5.21 OWNER agrees to reimburse CONSULTANT for all necessary and reasonable
reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT'S
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performance of the Services, at its direct cost with no markup; to the extent such reimbursement is
permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth below.
5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred by the
CONSULTANT as follows:
5.2.2.1. Expenses of transportation and living when traveling in connection with each
Work Order, except for local travel within Collier or Lee Counties, as provided
in Section 112.061, F.S., and all Contract - related mileage for trips that are
from/to destinations outside of Collier or Lee Counties approved by OWNER.
5.2.2.2 Expenses for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and
Specifications, including duplicate sets at the completion of each Work Order
for the OWNER'S review and approval.
5.2.2.3. Expense of overtime work requiring higher than regular rates approved in
advance and in writing by OWNER.
5.2.2.4. Expense of models for the OWNER'S use.
5.2.2.5 Fees paid for securing approval of authorities having jurisdiction over the Work
Order required under the applicable Work Order.
5.2.2.6 Other items on request and approved in writing by the OWNER.
5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of
the aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by
CONSULTANT will be deemed to be a reimbursable expense.
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5.3 CONSULTANT shall bear and pay all overhead and other expenses, except for authorized
reimbursable expenses, incurred by CONSULTANT in the performance of the Services.
5A Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that
CONSULTANT in writing advise OWNER of (i) the estimated time of CONSULTANT'S personnel and
the estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the
estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services
to be performed by CONSULTANT under the proposed Work Order. CONSULTANT shall promptly
supply such estimate to OWNER based on CONSULTANT'S good faith analysis.
5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized
by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to a maximum
� markup of five percent (5%) on the fees and expenses associated with such subconsultants and
subcontractors.
5,6 Payments for Basic Services and Additional Basic Services as set forth herein or the Work
Order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by
5,6.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this agreement.
5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis.
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ARTICLE 6
OWNERSHIP OF DOCUMENTS
6.1 Upon the completion or termination of each Work Order, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical
data, other than working papers, prepared or developed by or for CONSULTANT under the applicable
Work Order ("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.
62 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 with respect to the applicable
authorized project or task. 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 subject project or task following CONSULTANT'S termination for any
reason or to perform additions to or remodeling, replacement or renovations of the subject project or
task. 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.
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ARTICLE 7
MAINTENANCE OF RECORDS
71 CONSULTANT will keep adequate records and supporting documentation which concern or
reflect the 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
Work Order 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.
7.2 The records specified above in paragraph 7.1 include accurate time records, which
CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each
principal and employee of CONSULTANT in performing the Services and therein specifying the
services performed by each, with all such time records to be kept within one-half of an hour. At the
request of OWNER, or as specified in the Work Order, CONSULTANT shall furnish to OWNER any of
the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence and/or
payment of any reimbursable expenses.
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ARTICLE 8
INDEMNIFICATION
8.1 To the maximum extent permitted by 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 9
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 described herein and further 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:
9.311 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
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this Agreement shall name Collier County Government, Collier County, Florida, as an additional
insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of
interests provisions.
9.3.2 Companies issuing the insurance policy or policies shall have no recourse against
OWNER for payment of premiums or assessments for any deductibles which all are at the sole
responsibility and risk of CONSULTANT.
9.3.3 All insurance coverages of CONSULTANT shall be primary to any insurance or self-
insurance program carried by OWNER, and the "Other Insurance" provisions of any policies obtained
by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER.
93.4 The Certificates of Insurance, which are to be provided in an Occurrence Form
patterned after the current I.S.O. form with no limiting endorsements, must reference and identify this
Agreement.
93.5 Ail 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:
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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 10
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 to each Work Order shall be a Schedule that lists ail of the key personnel
CONSULTANT intends to assign to perform the Services required under that Work Order, Such
personnel shall be committed to the project or task specified in the Work Order in accordance with the
percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each
subconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All
personnel, subconsultants and subcontractors identified in the Schedule shall not be removed or
replaced without OWNER'S prior written consent.
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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 any subsequently issued Work
Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the
CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the
OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the
OWNER under this Agreement, and any subsequently issued Work Order, 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-
subconsuitants or sub - subcontractors.
10A 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.
ARTICLE 11
WAIVER OF CLAIMS
11.1 CON SULTANT`S acceptance of final payment for Services provide under any Work Order shall
constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it
against OWNER arising out of the Work Order or otherwise related to those Services, and except
those previously made in writing in accordance with the terms of this Agreement and identified by
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CONSULTANT in its final invoice for the subject Work Order as unsettled. 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 12
TERMINATION OR SUSPENSION
12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is
agreed that either party hereto shall at any and all times have the right and option to terminate this
Agreement by giving to the other party not less than thirty (30) days prior written notice of such
termination. Upon this Agreement being so terminated by either party hereto, neither party hereto
shall have any further rights or obligations under this Agreement subsequent to the date of
termination, except that Services specified to be performed under a previously issued Work Order,
shall proceed to completion under the terms of this Agreement.
12.2 CONSULTANT shall be considered in material default of this Agreement and such default will
be considered cause for OWNER to terminate this Agreement and any Work Orders in effect, 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 any particular Work Order within the times specified
under that Work Order, or (b) CONSULTANT'S failure to properly and timely perform the Services to
be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general
assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals,
officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of
this Agreement and any Work Orders in effect, or (f)l for any other just cause. The OWNER may so
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terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the
CONSULTANT seven (7) calendar days written notice of the material default.
12.3 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 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to
be the notice of termination provided for in paragraph 124, below, and CONSULTANT'S remedies
against OWNER shall be the same as and be limited to those afforded CONSULTANT under
paragraph 12.4 below,
12.4 Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1
above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, 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, for any Work Orders so
cancelled, 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 Services
not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent
reasonably possible.
12.5 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
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in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or
under its control arising out of or relating to this Agreement or any Work Orders.
12.6 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.
12,7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty -
five (45) days after such payment is due as set forth in the Work Order 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 or subsequently issued Work
Order, 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 the subject
Work Order until such default is cured, after giving OWNER a second fourteen (14) days written
notice of CONSULTANT'S intention to stop performance under the applicable Work Order. 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 the subject Work Order by giving written notice to OWNER of
CONSULTANT'S intent to terminate that Work Order. 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 subject Work Order and
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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 13
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 or any subsequent Work Order.
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 and each
subsequent Work Order issued hereafter, if any, are accurate, complete and current at the time of the
Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price as set
forth in each subsequent issued Work Order, if any, and any additions thereto shall be adjusted to
exclude any significant sums by which the OWNER determines the price as set forth in the Work
Order 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 the subject Work
Order.
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ARTICLE 14
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 15
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 16
NOTICES AND ADDRESS OF RECORD
161 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:
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey, Bonita Springs, FL 34134
Telephone: 239 947 1144
Fax: 239 947 0375
Attn: Mark W. Minor, P.E.
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 17
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,
172 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.
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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. Further, The CONSULTANT agrees that any
Work Order that extends beyond the expiration date of this Agreement will survive and remain subject
to the terms and conditions of this Agreement until the completion or termination of the Work Order.
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 WORK ORDER FORM
Schedule B SCOPE OF WORK
Schedule C RATE SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
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ARTICLE 18
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 19
SECURING AGREEMENT /PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or
person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this
Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from the award
or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and
deliver to OWNER the Truth-ln-Negotiation Certificate identified in Article 13 and attached hereto and
made a part hereof as Schedule D. CONSULTANT'S compensation as set forth in each
subsequently issued Work Order, if any, 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.
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19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by
OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which
read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a
public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real property
to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity in excess of
the threshold amount provided in s. 287.017 for CATEGORY TWO for a
period of 36 months following the date of being placed on the convicted
vendor list."
ARTICLE 20
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
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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.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
211 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 15-6450 Naples Park Infrastructure Improvements the day and year first written
above.
ATTEST:
Dwight E. Brock, Clerk
By:
Date:
Approved as to Form and Leg,*4y
Assistant County Attorney
Witness
Typed Name and Title
Witness
Typed Name and Title
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Bv:
Tim Nance, Chairman
Q. Grady Minor and Associates,
M
Typed Name and Title
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SCHEDULE A
WORK ORDER
Contract 15 -6450 "Naples Park Infrastructure improvements"
Contract Expiration Date: , 201
This Work Order is for professional engineering services for work known as:
Project Name: Naples Park Infrastructure Improvements
Project No:
The work is specified in the proposal dated , 20 which is attached hereto and made a part of this Work Order.
In accordance with Terms and Conditions of the Agreement referenced above, this Work Order /Purchase Order is
assigned to: Q. Grady Minor and Associates, P.A.
Scope of Work: As detailed in the attached proposal and the following:
• Task I -
• Task II
• Task III
Schedule of Work: Complete work within days from the date of the Notice to Proceed which is accompanying this
Work Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement # 00 -0000
will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this
Work Order.
Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance
with following method(s): ❑Negotiated Lump Sum (NLS) F]Lump Sum Plus Reimbursable Costs (LS +RC) Time &
Material (T &M) (established hourly rate — Schedule C) FCost Plus Fixed Fee (CPFF), (define which method will be used
for which tasks) as provided in the attached proposal.
PREPARED BY:
APPROVED BY
APPROVED BY:
Task I 5
Task 11
Task III $
TOTALFEE $
Name and Title Date
(Dept Name) , Division Director Date
type name, Department Administrator Date
By the signature below, the Firm (including employees, officers and/or agents) certifies,. and hereby discloses, that, to the best of their knowledge and
belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which
relates to the proposed work: and bear on whether the Firm has a potential conflict have been fully disclosed.
Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that
arises during the Work Order and/or project duration,
ACCEPTED BY: (Company Name)
Name & Title of Authorized Company Officer Date
Contract #15 -6450
"Naples Park infrastructure Improvements"
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SCHEDULE B
SCOPE OF SERVICES
The County is contracting with the Consultant to develop and implement infrastructure
improvements in the Naples Park area generally described as the area including and
located north of Vanderbilt Beach Road, west of US 41 and south of 111 th Street.
Throughout the duration of the program, Consultant will provide project management
assistance consisting of the following:
• Attend progress meetings with PUD staff as needed
• Attend public information meetings with PUD staff as needed
• Graphics /exhibit preparation
• Progress meeting assistance
• Project management assistance
• Project management plan preparation
• Public Relations assistance
• Subsurface investigations of underground utilities
• Geotechnical surveys
• Land surveying
Attend Project Progress Meetings: Bi- weekly meetings with County representatives will
be conducted, as requested by the Program Manager, throughout the program to keep n
the County informed of the project progress, to make certain that the Consultant is
productively conducting its consulting services and to obtain input and direction as
required for outstanding project issues. A firm day and time will be established for all
progress meetings. Meeting objectives will be to provide progress updates, reach
decisions on pertinent issues relative to the specific topics being addressed.
The Consultant will prepare and distribute agendas and minutes for each meeting
incorporating agenda items and meeting minute corrections provided by the County.
Agendas will be submitted to the County at least two (2) days prior to the meeting. Draft
minutes will be submitted to the County no more than two working days following each
meeting; the County will provide comments no more than two working days after receipt
of draft minutes.
Phase 1: Infrastructure Identification
Task 1.1 — Identify, analyze, prioritize and recommend the rehabilitation program for the
region. Tasks may include, but are not limited to:
a. Utilize local (Collier County) knowledgeable registered land surveyors to stake out
the easements and /or property boundaries; collect and record the limits of property
or easement boundaries as well as the physical location of the existing infrastructure
components. As part of this task, call Sunshine State One -Call System to have the
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existing utilities located and to determine utility ownership (water, irrigation quality
water, gas, electric, force mains, etc) prior to performing any field survey efforts.
• Existing utilities
• Existing vegetation
• Fencing /Bollards (conditions and sufficiency for future expansion)
• Flow meter and by -pass assemblies (if applicable)
• Flow Monitoring
• Landscaping (code considerations) and irrigation facilities
• Potential for bypass pumping
• Site access
• Site layout of proposed improvements
Phase 2: Design
The Consultant shall prepare a Basis of Design Report outlining the basis of design for
the improvement proposed for the project phase being designed. Should the proposed
design include the use of innovative construction technologies, Consultant shall retain
experts with expertise in using proposed technologies.
The Consultant shall design the rehabilitation program in phases stipulated by the
County, assist with the bid process and recommend construction contractors to execute
the infrastructure replacement program; and
• Prepare bid /quote documents for utility system renovations
• Monitor utility renovation activities
• Observe and provide oversight
The following tasks are included as part of the scope of work.
Task 2.1 Final Design and Permitting Phase
a. On the basis of the accepted preliminary layout, Consultant will prepare final
drawings and specifications, which provide the general scope, extent and character
of the work to be furnished, and performed by the Contractor. Consultant will
prepare and submit drawings and specifications at the 60 -, 90- and 100- percent
complete stages for review and approval. An engineer's opinion of probable
construction cost will accompany each submittal. Consultant shall meet with the
County's design and operations staff and obtain their written acceptance (signature
approval) of the work completed to date.
Technical specifications will be based on the 16- Division format of the Construction
Specifications Institute (CSI) in MS Word format. In addition to technical
specifications, the Consultant will coordinate with County to develop necessary
General Conditions, Supplemental Conditions, and Special Provisions Specifications
will be developed specifically for the project being constructed. Standard Collier
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County Specifications may be used for reference but the Consultant shall not rely on
them as a replacement for sound engineering judgment and responsibility.
Documents shall include drawings and project specifications ready for bidding,
consistent with
Collier County standards, including the following or as approved by the project
manager:
1) Cover sheet, index and key map.
2) Civil Site Plan including fencing and landscaping.
3) Civil Details
4) Demolition Plan
5) Infrastructure Plan and Profile
6) Details
7) Operational Contingency Plans
b. Prepare applications for Right -of -Way permits, Insubstantial Change to a Site
Improvement Plan when required from Collier County Growth Management Division
and respond to requests for additional information. Prepare all other required permit
applications. Permitting fees will be paid by the County.
c. Furnish copies of Contract Documents that include engineering drawings and
specifications. Present and review them in person with the County at the 60- percent
and 90- percent completion stages in the project and make appropriate changes
requested.
d, Prepare a permit application for submittal to the Florida Department of
Environmental Protection (FDEP) and provide backup documentation including
drawings and specifications for each lift station site. Respond to a request for
additional information (RAI) from the FDEP. All permit fees will be paid by the
County.
Task 2.2 Bidding and Award Phase
With the exception of the following, bid /quote services will be performed by the
Collier County Procurement Services Division. Consultant will assist the County with
the following:
a. Assist in preparing addenda, as required, to interpret, clarify, or expand the
Bidding Documents.
b. Consult with and advise the County as to the acceptability of the contractor and
subcontractors, suppliers and other persons and organizations proposed by the
Prime Contractor for those portions of the work as to which such acceptability is
required by the Bidding Documents.
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c, Consult with the County concerning and determine the acceptability of substitute
material and equipment proposed by the Contractor when substitution prior to the
award of contracts is allowed by the Bidding Documents.
d. Attend a pre-bid/quote conference
e. Attend the bid opening, review bids, qualifications,
f. Provide a recommendation letter of award.
Phase 3 — Consultation Services During Construction
This phase is not referring to Construction, Engineering, and Inspection (CEI) Services.
CEI responsibilities will be handled by Stantec Consulting Services Inc. However, the
Consultant's presence will be requested during the construction for the following
services:
The Consultant's inspector shall observe regular construction and testing activities
related to the Project as directed by the Project Manager, including rehabilitation work.
Construction/testing reports and pictures of construction will be prepared on site daily
on the day the construction activity takes place by the construction inspector. All
construction documentation will be provided no later than 7 PM on the date of
construction via electronic E-mail to the project manager and designated recipients.
Both a hard copy and an electronic copy shall be kept in the project file of the
Consultant and given to the County upon completion of the project.
Task 3.1 — Construction Observation and Documentation
The construction inspector (or activity observer) will provide the services outlined below.
This section also incorporates activity observations associated with the design phase
(i.e., smoke testing, flow monitoring, inspections, etc.).
3.1 — Construction/Testing Observation — The construction inspector will conduct on-site
observations and inspections of ail construction/testing activities on the Project on a full
or part time basis unless directed other vise by the project manager to ensure that all
work is completed in accordance with the Contract Documents. The Construction
Inspector will inform the project manager and the on-site superintendent of the
construction/testing contractor of any concerns related to conformance of the work with
the Contract Documents 'a concern or an Issue) as an attempt to resolve any concern
or issue on-site. If the concern or issue is not immediately resolved in the field, the
Construction Inspector shall inform the Engineer of Record (EOR) and the project
manager in writing about the concern or issue within eight (8) business hours, but not
more than one business day after the discovery of any concern or issue, The FOR will
be responsible for investigating the concern or issue and resolving the same through a
written directive to the construction contractor and so inform the project manager and
the Construction Inspector in writing. This protocol will be initiated any time the
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Construction Inspector becomes aware of any construction that is unsatisfactory, faulty
or defective, does not conform to the Contract Documents, does not meet the
requirements of any inspections, tests or approval required to be made, or has been
damaged before final payment. The Construction Inspector will maintain a separate
Issue Resolution Log documenting any issue or concern that is conveyed in writing to
the EOR, including the written directive resolving the issue or concern.
3.2 - Log and Construction Documentation — The construction inspector will prepare a
daily log with pictures recording activities and details related to the work on a form
approved in advance by the project manager. Information will be recorded in the log
when at the Project Site. Log entries will record all relevant aspects of the construction
observed while on site including, but not limited to: construction crew (labor) details,
equipment used, materials used, compliance testing and inspection performed, weather,
temperature, site conditions, trench conditions, backfill material used, dewatering
methods, compaction methods, location of the work, and all other details related to the
Work. The log will reference the digital photographs and or video taken with appropriate
file names and file locations. In addition to the construction details, the daily log will
contain information related to: time and hours on the job site, weather conditions, data
pertaining to questions of quantities of materials used, extras or deductions, list of
visiting officials and representatives of manufacturers, fabricators, suppliers and
distributors, observations in general and specific observations in more detail as in
observing test procedures, conformance inspection of materials and fittings, name plate
data for equipment and material installed, and other information requested by the
project manager. Logs, photograph files and other construction documentation will be
provided to the project manager by the Construction inspector on a daily basis in an
electronic file via E -mail, on a digital CD only if requested by the project manager and a
printed copy to be maintained on the project site in the inspector's trailer.
3.3 — Photographic and Video Record — The Construction inspector will provide a
comprehensive digital photographic record of all construction activities related to the
Project. The digital file names will be referenced in the log along with a brief description
of the photograph, the date and time of the photograph and the name of the
photographer. The digital files will be transferred via E -mail to the project manager on a
daily basis, to a digital CD if requested by the project manager, and submitted on a daily
basis along with the construction documentation. The photographs may be electronic
sent via E -mail to the project manager on a daily basis. If requested by the project
manager, pictures will be printed in high resolution color, two captioned photos per 8 ' /s°
x 11" sheet, printed one side only. The prints if requested will be provided to the project
manager when needed. if requested by the project manager, Video will be provided in
digital format on DVD bi- weekly.
3.4 - General Coordination — The Construction inspector will coordinate all activities
related to the Project between the construction contractor, the FOR and the project
manager. The Construction inspector will oversee substantial and final completion
inspections, and prepare and maintain the punch list, including follow -up inspections to
ensure that punch list items are corrected and /or completed.
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3.5 - Observe Regulatory Agency inspections — The inspector will accompany visiting
inspectors representing any regulatory agencies having jurisdiction over the Project and
will record all discussions and the outcome of these regulatory inspections in the logs.
The inspector will always notify the project manager prior to any such inspections.
3.6 - Construction Progress Meetings — The inspector will coordinate bi- weekly progress
meetings chaired by the project manager, attended by the construction contractor to
review project status and identify issues that may affect the Project. The inspector will
prepare a DRAFT Agenda at least two business days in advance of the each meeting
and issue written meeting notes identifying a summary of the discussion, conclusions
and any risks that have been encountered or are expected within two days after the
meeting to the project manager, EOR, and the construction contractor.
3.7 - Substantial Completion Inspections — The Construction inspector will conduct
substantial completion inspections when requested by the construction contractor and
the FOR recommends that the work is sufficiently complete to warrant a substantial
completion inspection. During the substantial completion inspection the Construction
inspector will prepare a punch list of items requiring completion or correction to the
satisfaction of the FOR and the project manager. The Construction inspector will be
responsible for maintaining the punch -list and issuing updates to the punch -list on a
weekly basis. The Construction inspector will coordinate and participate in the final
walk- through to ensure that the punch -list items are completed to the satisfaction of the
FOR and the project manager. All services related to the Substantial Completion
Inspection shall be provided in writing and pictures to the project manager for the
Project.
3.8 — Final Completion Inspection - Upon the request of the construction contractor and
concurrence of the FOR and the project manager, the Construction inspector will
conduct final inspections of portions of the project, as they are finished to determine if
construction has been completed in accordance with the Contract Documents and the
construction contractor has fulfilled all obligations therein. Based on the results of the
final inspection, the EOR, project manager, and the Construction inspector will judge the
work complete or not complete. If the work is judged complete, the Construction
inspector will issue a "notice of final acceptance and recommendation for final
payment". If the work is judged not complete, the Construction inspector will issue
written instructions to the construction contractor identifying the work judged not
complete. Upon provision of the construction contractor evidence or assurance that the
deficiencies noted above have been corrected or completed, a second final inspection
will be scheduled to verify that the outstanding issues have been resolved and the
Construction inspector can issue a "notice of final acceptance and recommendation for
final payment ". All services related to the Final Completion Inspection shall be provided
to the project manager of the Project.
3.9 — Final Construction Certification — Upon issuance of a "notice of final acceptance
and recommendation for final payment" the Construction inspector will provide a signed
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and sealed certification by a professional engineer of the FOR in responsible charge of
the work provided by the Construction inspectors stating that the "Project has been
completed by the construction contractor in accordance with the Plans and
Specifications of the Contract Documents as amended by the Engineer OF RECORD ".
All services related to the Final Construction Certification shall be provided to the project
manager of the Project.
3.10 — Asset Management Record Information — Provide all information in the electron
format stipulated by Collier County required to populate the county's GIS and Asset
Management system in place at the time of project completion.
Task 3.2 — Construction Inspector and Proiect Oversight
3.2.1 - General Management and Oversight — The Construction inspector will provide
support services customarily related to the construction observation and inspection of
similar projects including, but not limited to:
a. Participate in a pre - construction meeting with the project manager, EOR, and the
general contractor.
b. Participate in other meetings as described or implied herein.
c. Review and verify correctness of the construction contractor's monthly
applications for payment and accompanying data and recommend approval of
payments due to the construction contractor. The Construction inspector's
recommendation of any payment requested in an application for payment shall
constitute a representation by the Construction inspector to the project manager as
an experienced and qualified professional, that based on Construction inspector's
onsite observations and inspections of construction in progress, that the construction
quantities. in the applications for payment accurately reflect the progress of the work
and that the work is constructed in accordance with the Contract Documents. The
Construction inspector will process pay requests in accordance with the Florida
Prompt Payment Act. All incoming pay requests processed by the Construction
inspector shall be mechanically stamped with the date received.
d. The Construction inspector will review the monthly updates to the construction
schedule prepared by the construction contractor and provide written comments to
the project manager and EOR.
e. The Construction inspector will provide such field testing and verification that all
materials, equipment and supplies installed or utilized on the Project are in full
accordance with the Contract Documents and approved Shop Drawings provided by
the EOR.
f. Within one week after the construction contractor notifies the FOR and the project
manager that the Work on the Project is substantially complete in accordance with
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the Contract Documents, the Construction inspector will provide a signed and sealed
certification by a professional engineer registered in the State of Florida, that the
Work was done under his supervision and performed in accordance with the
Contract Documents, including all approved shop drawings and change orders
except as noted.
3.2.2 — Coordination of Shop Drawings, Contract Interpretations and Clarifications — The
Construction inspector will coordinate with the design engineer (EOR) regarding the
issuance of interpretations and clarifications of Contract Documents during construction.
The DESIGN Engineer (EOR) shall be responsible for technical review and decisions
regarding interpretation and clarification of Contract Documents. The Construction
inspector shall coordinate the DESIGN Engineer's (EOR) decisions and responses with
the construction contractor.
3.2.3 - Monitor Project Records — The Construction inspector shall monitor all required
Project records, including but not limited to delivery schedules, inventories and
construction reports.
3.2.4 As Constructed Feld Drawings — The Construction inspector shall maintain red
pencil "mark -up" notations and sketches on full size construction plans that reflect the
actual details of constructed facilities. These Constructed Field Drawings will be used by
the Construction inspector to validate the "As Built" documentation provided by the
.-. construction contractor. The Construction inspector will notify the project manager, FOR
and the construction contractor of any differences in the documents maintained by the
general contractor and the Construction inspector on a weekly basis for resolution by
the EOR. Consultant shall also submit record information in PUD GIS format for
integration into the current GIS system. In addition, information shall be submitted for
entry into the County's asset management system.
12.5 — Start -up and Re- commissioning Support — The Construction inspector will assist
the project manager, the EOR, and the construction contractor during start-up of each
segment designated for Beneficial Use by the FOR and project manager, including but
not limited to signing off on regulatory permits and general coordination between the
EOR, project manager, and construction contractor.
Task 3.3 — Additional Services
3.11 — Shall be in accordance with the Article 2 Additional Services of Consultant.
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SCHEDULE C
RATE SCHEDULE
Title
Standard Hourly
Rate
Principal
$
206.00
Senior Project Manager
$
172.00
Project Manager
$
147.00
Senior Engineer
$
157.00
Engineer
$
123.00
Senior Inspector
$
96.00
Inspector
$
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 eoiogist
$
110.00
Senior Marine Biolo ist/H 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
$
120.00
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
This list is not intended to be all inclusive. Hourly rate fees for other categories of professional,
support and other services shall to mutually negotiated by the County and the firm as needed
for the Project.
END OF SCHEDULE C.
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SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the
following minimum requirements with the use of Insurance Services Office (ISO) forms
and endorsements or their equivalents. If CONSULTANT has any self-insured
retentions or deductibles under any of the below listed minimum required coverages,
CONSULTANT must identify on the Certificate of Insurance the nature and amount of
such self-insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self-insured retentions or deductibles will be
CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than
the limits specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of
commencement of the Services until the date of completion of all Services required
hereunder or as specified in this Agreement, whichever is longer.
(4) Simultaneously with the execution and delivery of this Agreement by
CONSULTANT, CONSULTANT has delivered properly executed Certificates of
insurance (3 copies) acceptable to the OWNER 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 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.
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(5) All insurance coverages of the CONSULTANT shall be primary to any
insurance or self insurance program carried by the OWNER applicable to this
Agreement.
(6) The acceptance by OWNER of any Certificate of Insurance pursuant to
the terms of this Agreement 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 and any Work
Orders issued pursuant to 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) �''*N
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 or any Work Order, 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 or any subsequently issued
Work Order for cause.
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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:
x $500,000 Each Accident
$500,000 Disease Aggregate
$500,000 Disease Each Employee
$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
(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
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Completed Operations and Products and Completed Operations Coverage. Products
and Completed Operations coverage shall be maintained for a period of not less than
five (5) years following the completion and acceptance by the OWNER of the work
under this Agreement. Limits of Liability shall not be less than the following:
Single Limit per Occurrence $300,000
Products /Completed Operations Aggregate $300,000
Aggregate $300,000
Single Limit per Occurrence $500,000
Products /Completed Operations Aggregate $500,000
Aggregate $500,000
x Single Limit per Occurrence $1,000,000
Products /Completed Operations Aggregate $2,000,000
Aggregate $2,000,000
(2) The General Aggregate Limit shall apply separately to this Project and the
policy shall be endorsed using the following endorsement wording. "This endorsement
modifies insurance provided under the following: Commercial General Liability
Coverage Part. The General 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 designee,
(3) The OWNER, Collier County Government, shall be named as an
Additional Insured and the policy shall be endorsed that such coverage shall be primary
to any similar coverage carried by the OWNER.
(4) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit
shown in subparagraph (1) above if applicable to the completion of the Services under
this Agreement.
Applicable X Not Applicable
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(5) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable
to the completion of the Services under this Agreement.
Applicable x Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? X Yes No
(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 - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of
the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability,
Commercial General Liability, and Automobile Liability coverages required herein and
shall include all coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the
exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will
"drop down" to apply as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? x Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT
to insure its legal liability for claims arising out of the performance of professional
services under this Agreement. CONSULTANT waives its right of recovery against
OWNER as to any claims under this insurance. Such insurance shall have limits of not
less than:
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$ 500,000 each claim and in the aggregate
X $1,000,000 each claim and in the aggregate
$2,000,000 each claim and in the aggregate
$5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of
the CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(3) The CONSULTANT shall continue this coverage for a period of not less
than five (5) years following completion of all Services authorized under this Agreement.
(4) The policy retroactive date will always be prior to the date services were
first performed by CONSULTANT or OWNER under this Agreement, 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 %Q) 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, on a work order by work order basis,
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.
;'
Contract #15 -6450
"Naples Park Infrastructure Improvements"
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FA-011111
10/13/2015 16.C.2.
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
/-1-, 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.
9. 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.
FRIN
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Contract #15-6450
'Naples Park Infrastructure Improvements'
10!13/2015 16.C2.
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section
287.055, Florida Statutes, Q. Grady Minor and 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 Q. Grady Minor and Associates, P.A. are accurate, complete and current
as of the time of contracting.
Q. Grady Minor and Associates, P.A.
4
TITLE:.
DATE:
UK
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