Agenda 06/10/2014 Item #16A18 6/10/2014 16.A.18.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute Contract No. 14-6256 to
provide professional engineering services as required by the Naples Beach renourishment Project
for$105,204 to Atkins North American,Inc., process all required budget amendments,and make a
finding that this item promotes tourism,Project No.90038.
OBJECTIVE: To obtain professional engineering services to engineer, design and obtain a
Notice to Proceed as required to execute the Naples Beach Renourishment Project in November
of 2014.
CONSIDERATIONS: Federal Emergency Management Agency (PEMA) has authorized
renourishment of 3.56 miles (18,829 LF of beach, 105 feet wide) as a result of damages incurred
from Tropical Storm Debbie(Disaster-4068 and PW-0679(0). A November 2014 renourishment
is anticipated that utilizes the existing 10 year Joint Coastal Permit (JCP). This permit expires
on 1/12/2015. This project will utilize an upland sand source and truck haul renourishment.
To correct these damages, in compliance with the CCNA, Staff solicited qualified firms capable
of providing engineering services as required to obtain a Notice to Proceed (NTP) authorization
from FDEP/USACE. On May 13, 2014 (Item 16A20), the Board of County Commissioners
approved Atkins North America, Inc. as the top ranked firm and directed Staff to bring back an
acceptable negotiated contract to the Board for approval.
Sand volumes for bidding will be based on quantities approved by PW-0679 TS Debbie (52,452
CY's). A design survey of the Naples beach will be performed to identify existing/actual beach
conditions during the design phase of the project. If significant deviation has occurred,
additional sand volumes may be justified if approved by the BCC. Any volume changes above
the FEMA authorized quantities will be handled as a Change Order to the original contract for
both the sand supplier and the truck hauler. This will be subject to BCC approval with
appropriate justification.
Time is of the essence for the execution of this project. Critical project execution decisions may
be required during summer recess of the Board of County Commissioners if a November 2014
renourishment is to be achieved. Staff is requesting that the County Manager be authorized to
conduct/implement critical project decisions in the Board's absence during summer recess
subject to Board ratification upon return.
FISCAL IMPACT: Funding for the proposed work order is not presently included in the
budget. However, sufficient funding is available in Tourist Development Tax Fund (195)
reserves. A budget amendment will be necessary to move funds, in the amount of$105,204,
from reserves into Project 90038, TS Debbie Naples Bch / PW 0679. Eligible funds of
$2,321,132 have been obligated under PW 0679(0) for Tropical Storm Debbie (Disaster 4068)
by FEMA to pay for Collier County's beach damage. The federal portion of this obligation is
$1,740,849; the State's portion of this obligation is $290,141.50 and Collier County's portion
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will be $290,141.50. Additionally, FDEP cost share funding may be requested at a future date to
reimburse Collier County for the non-federal portion of this project.
GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts as a result
of this project at this time.
ADVISORY COMMITTEE RECOMMENDATIONS: At the May 29, 2014 Tourist
Development Council meeting this item was unanimously recommended for approval by an 8 to
0 vote.
The Coastal Advisory Committee will review on June 12,2014 for approval.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires majority vote for approval.—CMG
RECOMMENDATION: Recommendation to approve and authorize the Chairman to execute
Contract No. 14-6256 to provide professional engineering services as required by the Naples
Beach Renourishment Project for $105,204 to Atkins North America, Inc., process all required
budget amendments, and make a finding that this item promotes tourism.
Prepared by: J. Gary McAlpin, PE Coastal Zone Management Manager of the Natural Resources
Department
Attachments: (1) Contract No. 14-6256; (2)Budget Amendment
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.18.
Item Summary: Recommendation to approve and authorize the Chairman to execute
Contract No. 14-6256 to provide professional engineering services as required by the Naples
Beach Renourishment Project for$105,204 to Atkins North America, Inc., process all required
budget amendments, and make a finding that this item promotes tourism, Project No. 90038.
Meeting Date: 6/10/2014
Prepared By
Name: HambrightGail
Title: Accountant, Coastal Zone Management
5/13/2014 2:56:38 PM
Submitted by
Title: Accountant, Coastal Zone Management
Name: HambrightGail
5/13/2014 2:56:39 PM
Approved By
Name: McAlpinGary
Title: Manager-Coastal Management Programs, Coastal Zone Management
Date: 5/14/2014 1:30:19 PM
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 5/16/2014 3:14:22 PM
Name: LorenzWilliam
Title: Director-CDES Engineering Services,Natural Resources
Date: 5/26/2014 11:07:15 AM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administration
Date: 5/29/2014 9:44:28 AM
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Name:NorthrupAdam
Title: Procurement Specialist,Purchasing&General Services
Date: 5/30/2014 3:39:29 PM
Name: JohnsonScott
Title: Manager-Procurement,Purchasing&General Services
Date: 6/1/2014 10:05:40 AM
Name: MarkiewiczJoanne
Title: Director-Purchasing/General Services,Purchasing&General Services
Date: 6/2/2014 9:20:36 AM
Name: KearnsAllison
Title: Manager Financial &Operational Support,Transportation Administration
Date: 6/2/2014 10:05:36 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 6/2/2014 11:20:16 AM
Name: OberrathKaren
Title: Accountant, Senior,Grants Management Office
Date: 6/2/2014 11:47:58 AM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 6/2/2014 3:51:06 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior, Grants Management Office
Date: 6/3/2014 9:04:04 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 6/3/2014 9:31:40 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/3/2014 11:55:59 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/3/2014 2:52:21 PM
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Contract# 14-6256 "Naples Beach Renourishment Engineering Services"
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2014 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 Atkins North
America, Inc., authorized to do business in the State of Florida, whose business address is 4030
West Boy Scout Boulevard, Suite 700, Tampa, FL 33607 (hereinafter referred to as the
"CONSULTANT").
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Engineering Consulting
services of the CONSULTANT concerning the Naples Beach Renourishment (hereinafter ,
referred to as the "Project"), said services being more fully described in Schedule A, "Scope of
Services", which is attached hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
and
WHEREAS, the CONSULTANT represents that it has expertise in the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Engineering Consulting services
in all phases of the Project to which this Agreement applies.
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^ 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this
Agreement all such licenses as are required to do business in the State of Florida and in Collier
County, Florida, including, but not limited to, all licenses required by the respective state boards
and other governmental agencies responsible for regulating and licensing the professional
services to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
n or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates Bryan Flynn, PE, a qualified licensed professional to serve
as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project
Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the
CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote
whatever time is required to satisfactorily manage the services to be provided and performed by
the CONSULTANT hereunder. The Project Coordinator shall not be removed by
CONSULTANT from the Project without OWNER'S prior written approval, and if so removed
must be immediately replaced with a person acceptable to OWNER.
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1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from Owner to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including but not limited to the Local Government Prompt Payment Act
(218.735 and 218.76 F.S.), as amended, the Florida Public Records Law Chapter 119 (including
specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3)), ordinances,
codes, rules, regulations and requirements of any governmental agencies, and the Florida
Building Code where applicable, which regulate or have jurisdiction over the Project or the
services to be provided and performed by CONSULTANT hereunder. In the event of any
conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and
utilize its best professional judgment to advise OWNER regarding resolution of each such
conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its
obligation to deliver complete and accurate documents necessary for successful construction of
the Project.
1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task)
amount for the following: Tasks not completed within the expressed time frame, including
required deliverables, incomplete and/or deficient documents, failure to comply with local, state
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and/or federal requirements and/or codes and ordinances applicable to Consultant's
^ performance of the work as related to the project. This list is not deemed to be all-inclusive, and
the County reserves the right to make sole determination regarding deductions. After notification
of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe,
these funds would be forfeited by the Consultant. The County may also deduct or charge the
Consultant for services and/or items necessary to correct the deficiencies directly related to the
Consultant's non-performance whether or not the County obtained substitute performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm
or organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
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
n comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt
written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the
RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have
common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement-
EOP, etc), and adhere to industry standard CAD specifications.
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ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT
shall furnish or obtain from others Additional Services of the types listed in Article Two herein.
The agreed upon scope, compensation and schedule for Additional Services shall be set forth in
the Amendment authorizing those Additional Services. With respect to the individuals with
authority to authorize Additional Services under this Agreement, such authority will be as
established in OWNER'S Purchasing Ordinance and Procedures in effect at the time such
services are authorized. These services will be paid for by OWNER as indicated in Article Five
and Schedule B. Except in an emergency endangering life or property, any Additional Services
must be approved in writing via an Amendment to this Agreement prior to starting such services.
OWNER will not be responsible for the costs of Additional Services commenced without such
express prior written approval. Failure to obtain such prior written approval for Additional
Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional
Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a ^
part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a
change in the Agreement is required because of the action taken by CONSULTANT in response
to an emergency, an Amendment shall be issued to document the consequences of the
changes or variations, provided that CONSULTANT has delivered written notice to OWNER of
the emergency within forty-eight (48) hours from when CONSULTANT knew or should have
known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above,
waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its
compensation or time of performance under this Agreement. The following services, if not
otherwise specified in Schedule A as part of Basic Services, shall be Additional Services:
2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
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2.2. Services resulting from significant changes in the general scope, extent or character of
'' the Project or its design including, but not limited to, changes in size, complexity, OWNER'S
schedule or character of construction; and revising studies, reports, design documents or
Contract Documents previously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
reasonably anticipated prior to the preparation of such studies, reports or documents, or are due
to any other causes beyond CONSULTANT'S control and fault.
2.3 Providing renderings or models for OWNER'S use.
2.4 Investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; and evaluating processes available for licensing and
assisting OWNER in obtaining such process licensing.
2.5. Furnishing services of independent professional associates and consultants for other
than the Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by OWNER, other than visits to the Project site or OWNER's office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
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2.9 Additional services rendered by CONSULTANT in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in Collier County as part of
the Basic Services in accordance with generally accepted professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatever:
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by
the CONSULTANT for payment for services and work provided and performed
in accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to OWNER's
requirements for the Project, including design objectives and constraints,
space, capacity and performance requirements, flexibility and expandability,
and any budgetary limitations;
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(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings, specifications,
shop drawings, product literature, previous reports and any other data relative
to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under this
Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts
of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to
have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
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4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT until such time as the
CONSULTANT resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to the OWNER's satisfaction that the CONSULTANTS performance is or
will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be
deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or
any other damages hereunder.
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ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports
and other technical data, other than working papers, prepared or developed by or for
CONSULTANT under this Agreement ("Project Documents"). OWNER shall specify whether
the originals or copies of such Project Documents are to be delivered by CONSULTANT.
n CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER
the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project
Documents for its files and internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER
to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use on this Project.
CONSULTANT warrants to OWNER that it has full right and authority to grant this license to
OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to
complete the Project following CONSULTANT'S termination for any reason or to perform
additions to or remodeling, replacement or renovations of the Project. CONSULTANT also
acknowledges OWNER may be making Project Documents available for review and information
to various third parties and hereby consents to such use by OWNER.
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ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as may
be required by law. OWNER, or any duly authorized agents or representatives of OWNER,
shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and during
the five (5) year period noted above, or such later date as may be required by law; provided,
however, such activity shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and
hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to
this Agreement.
9.2 All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
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9.3 All insurance policies required by this Agreement shall include the following provisions
^` and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy, Professional
Liability policy, and the Workers Compensation policy, provided by CONSULTANT to
meet the requirements of this Agreement shall name Collier County Government, Collier
County, Florida, as an additional insured as to the operations of CONSULTANT under
this Agreement and shall contain a severability of interests provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse against
OWNER for payment of premiums or assessments for any deductibles which all are at
the sole responsibility and risk of CONSULTANT.
9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self-
insurance program carried by OWNER applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any
insurance or self-insurance program carried by OWNER applicable to this Project.
9.3.4. The Certificates of Insurance must read: For any and all work performed on
behalf of Collier County, or reference this contract number.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall
be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and received by
OWNER, except such rights as they may have to the proceeds of such insurance held by any of
them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the Department
of Insurance of the State of Florida to transact the appropriate insurance business in the
State of Florida.
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9.5.2. The insurance company must have a current A. M. Best financial rating of "Class
VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
or use of the services of any other person or firm by CONSULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything in this Agreement be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not
be removed or replaced without OWNER'S prior written consent.
10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the
subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this
Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities
which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each
subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER
under this Agreement with respect to the Services to be performed by the subconsultant or
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subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to
enter into similar agreements with its sub-subconsultants or sub-subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment
by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or
directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
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codes of conduct, or (e) CONSULTANTS failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this
Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
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12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty-five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
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ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs
supporting the compensation for CONSULTANT'S services to be provided under this
Agreement are accurate, complete and current at the time of the Agreement. The
CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement price
was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
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ARTICLE FIFTEEN
MODIFICATION
.1.
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following OWNER'S address of record:
Board of County Commissioners
Collier County Florida
Purchasing Department
3327 Tamiami Trail East
Naples, FL 34112
Attention: Joanne Markiewicz, Director, Procurement Services
Telephone: 239-252-8407
Fax: 239-252-6480
16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to
the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following CONSULTANT'S address of record:
Atkins North America, Inc.
4030 West Boy Scout Boulevard, Suite 700
Tampa, FL 33607
Telephone: 813-282-7275
Facsmile: 813-282-3634
Attn: Bryan Flynn, PE
bryan.flynn @atkinsglobal.com
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
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ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER
and assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
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.
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17.8 This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9 The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSULTANTS AND
SUBCONTRACTORS
RFP # 14-6256 Naples Beach Renourishment, Terms and Conditions
Schedule G FEMA Supplemental Conditions 97.036
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be
brought in the appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
t"° 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
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CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement. At the time this Agreement is .-.
executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate
identified in Article 13 and attached hereto and made a part hereof as Schedule E.
CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a public
entity; may not submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or public work; may
not submit bids, proposals, or replies on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and
may not transact business with any public entity in excess of the threshold
amount provided in s. 287.017 for CATEGORY TWO for a period of 36
months following the date of being placed on the convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision-making authority and by OWNER'S staff person who would make the
presentation of any settlement reached during negotiations to OWNER for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision-making authority and
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by OWNER'S staff person who would make the presentation of any settlement reached at
mediation to OWNER'S board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT
to comply with the laws referenced herein shall constitute a breach of this agreement and the
' County shall have the discretion to unilaterally terminate this agreement immediately.
**********
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Naples Beach Renourishment the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Dwight E. Brock, Clerk
By:
Date: By:
Tom Henning, Chairman
pproved as to Form and Legality:
C ssistant County Attorney
Name
Atkins North America, Inc.
By:
Witness
Name and Title Name and Title
Witness
Name and Title
r-�
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SCHEDULE A
SCOPE OF SERVICES
14-6256 "Naples Beach Renourishment"
Federal Emergency Management Agency (FEMA) has authorized this renourishment
(3.56 miles, 18,829 LF of beach, one hundred five (105) feet wide) as a result of
damages incurred from TS Debbie (Disaster-4068 and PW-0679(0).
The Consultant will provide engineering services as required to obtain a Notice to
Proceed (NTP) authorization from FDEP/USACE to conduct a 52,452 cubic yard (CY)
truck haul beach renourishment project within the City of Naples in the Fall 2014, as
well as hot spots that have recently occurred in the Park Shore and Naples areas. This
project will utilize the existing ten (10) year Joint Coastal Permit (JCP) for Collier
County's beach renourishment program.
Detailed Scope of Work
The Consultant will perform a design survey on the project area, provide design
construction plans, acquire a notice proceed from the regulatory agencies and prepare
bidding documents in support of the County's solicitation of the bid. Plans shall, at a
minimum, call for the placement of sand at the following five (5) segments:
• R-58A to R-58
• R-60 to R-64
• R-67 to R-70
• R-72 to R-74
• R-77 to R-79
Task 1 — Design Survey
The Consultant will verify the R-monuments, and reset control if necessary based on 2nd
order control points. Survey data will be referenced to the Florida State Plane
Coordinate System, East Zone, North American Datum of 1983, 1990 adjustment (NAD
83/90) and the North American Vertical Datum of 1988 (NAVD 88). Survey will include
R-58A to R-81 to collect profile data at the locations where sand will be placed, and also
adjacent profiles. The profiles will include upland and offshore surveying to a distance of
five hundred (500) feet offshore or two hundred fifty (250) feet beyond the design
template as necessary.
All work shall be conducted in accordance to Section 01000 (Beach Profile Topographic
Surveying) and 01100 (Offshore Profile Surveying) of the March 2004 Bureau of
Beaches and Coastal Systems Monitoring Standards for Beach Erosion Control
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Projects. Topographic and Hydrographic profile surveys will be collected. All data
seaward of the dune shall be collected using RTK GPS technology. Upland areas
inaccessible to RTK GPS shall be collected using robotic total station techniques.
Upland topography shall extend approximately one hundred fifty (150) feet landward of
the vegetation line or until an obstacle is encountered.
Hydrographic portions of the profile line shall be collected from a survey vessel
equipped with RTK GPS technology and a dynamic motion sensor to provided
instantaneous tide and motion corrections. Manual tide readings will be taken while
conducting the onshore portion of the profiles to verify onboard tide readings. Standard
hydrographic procedures shall be followed including all necessary quality control
checks. Horizontal and vertical positioning checks will be conducted at the beginning
and end of each day using second order FDEP monuments located in the project area.
The fathometer will be calibrated via bar-checks and a sound velocity probe at the
beginning and end of each day. The DIGIBAR PRO sound velocity meter or equivalent
which provides a fast additional calibration for sound velocity as compared to the
traditional bar check shall be used. More specifically, bar checks will be performed from
a depth of five (5) feet to a maximum depth of twenty-five (25) feet. Analog data
showing the results of the bar check calibration will be displayed on the fathometer
charts at five (5) foot increments during descent and ascent of the bar.
In order to maintain the vessel navigation along the profile lines HYPACK navigation
software or equivalent shall be used. This software shall provided horizontal position to
the sounding data allowing real-time review of the profile data in plan view or cross
section format. The navigation software shall also provided navigation to the helm to
control the deviation from the online azimuth. The landward limits of the hydrographic
survey shall be based on a minimum of fifty (50) feet beyond the seaward extent of the
beach profile.
A Professional Surveyor and Mapper (PSM) licensed in the State of Florida shall sign
and seal the required survey drawings.
Deliverables:
XYZ file, electronic survey files, signed and sealed survey for submittal to agencies.
Task 2 — Project Design
The survey data will be used to design a beach fill template in compliance with the
FDEP permit 0222355-013-JC, with the required fill quantities outlined in FEMA order.
Plans will be prepared showing the survey data presented in plan and profile views that
indicate existing grades and proposed fill templates. The proposed fill template will
include berm elevations and range from the R-monument, design slopes and end fill
tapers.
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• Volume calculations will be completed to determine the amount of sand required to
achieve the fill template on a profile-by-profile basis. The volume-based distribution of
sand will be in general in line with those volumes called out in the FEMA document, but
within the permitted areas as well.
Complete sets of design documents will be presented to the County for review. Upon
approval from the County, Consultant will incorporate into the construction documents.
Deliverables:
Stakeout Tables, Design Drawings, Design Calculations
Task 3 —Construction Documents
Construction documents will include construction plans and bid items necessary for
contractors. Consultant shall prepare technical specifications and general provisions to
support the County's bid process.
Detailed drawings will be prepared to scale and will serve as the basis for the contract
drawings in the final package sent to prospective bidders. Drawings will include the
topographic & bathymetric survey data, in plan and profile views and include
construction access points and easements. Submittals will be provided to the County
for review and comment. Consultant shall revise any changes promptly and shall
furnish the final construction drawings for approval prior to reproduction of copies
suitable for distribution to prospective bidders.
Final cost estimates will be included as well as a bid schedule, which will include a
detailed estimate of the quantities and work to be performed for bidding purposes.
Components of the Contract Documents that will be provided include the following:
1. Technical Specifications
2. Appendix Information (Permits, aerial photography, sediment documents, and
any other relevant information).
Deliverables:
Electronic drawings, specification files, and signed and sealed construction documents
for submittal to the County for Invitation to Bid (ITB).
Task 4—Acquire Notice-to-Proceed
The Notice-to-Proceed (NTP) Package will include the design drawings with cover letter
and sediment QA/QC documents and submit to regulatory agencies. Consultant will
host/prepare for one (1) conference call/meeting with FDEP, and one (1) meeting in
person in Tallahassee or onsite in Naples, if necessary, to discuss the project.
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Consultant will provide two (2) Senior Coastal Engineers/Project Managers to attend
those meetings. The NTP package will be submitted with projected issuance of the
NTP.
The following will be submitted for review and approval by the Department:
a. Physical Monitoring Plan, as described in Specific Condition No. 11
b. Biological Monitoring Plan, as described in Specific Condition No.10.
c. Final Sediment Quality Control/Quality Assurance Plan, including project-
specific sediment quality specifications for grain size distribution, color, and
carbonate composition to ensure that the sediment from the borrow sites will
meet the standards in Rule 62B-41.007(2)(j),F .A.C., for the exclusion of non-
compatible fill material. The Plan will provide procedures for testing the quality of
the sediment after it is placed and methods for remediation of any areas of fill
material that do not comply with the sediment quality specifications.
d. Two (2) hard copies and an electronic copy of detailed final construction plans
and specifications for all authorized activities, including a vessel operations plan.
These documents shall be signed and sealed by the design engineer who must
be registered in the State of Florida, and shall bear the certifications specified in
Rule 62B-41.007(4), F.A.C. The plans and specifications shall include a
description of the beach construction methods to be utilized and drawings and
surveys which show all biological resources and work spaces (e.g., staging
areas, access corridors, boat access corridors, etc.) to be used for this project.
e. Turbidity monitoring qualifications. Construction at the project site shall be
monitored closely to assure that turbidity levels do not exceed the compliance
standards established in this permit. Accordingly, an individual familiar with
beach construction techniques and turbidity monitoring shall be present at all
times when fill material is discharged on the beach. The names and
qualifications of those individuals performing these functions along with 24-hour
contact information shall be submitted for approval.
f. Written verification that the Erosion Control Line has been executed and
recorded throughout the entire project area.
Deliverables:
Notice-to-proceed submittal package as described above.
Task 5 — Bidding Support
Consultant will coordinate with the County to determine an appropriate date for a Pre-
Bid Meeting. Consultant will prepare for, and attend the Pre-Bid Meeting, answer
prospective Contractor/Bidder inquiries and transcribe Contractor/Bidder inquiries for
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subsequent research and response to all Meeting attendees as determined by the
County. (Usually as an attachment to a subsequent Addenda issued by the County.)
During the bidding period, Consultant shall communicate frequently with County staff
regarding receipt of prospective Contractor/Bidder written inquiries seeking
interpretation of the Contract Documents, and provide a written response as determined
by the County.
Once the bids have been opened, Consultant will obtain copies of submitted bids from
the County and shall review them for accuracy, completeness and Contractor
qualifications. Consultant will evaluate and provide a written recommendation for award
to the County based on a review of the submitted bids.
Consultant will prepare for the recommendation to Board of County Commissioners
(BOCC) and provide one (1) Senior Coastal Engineer/Project Manager to attend the
BOCC meeting.
Task 6 — Post Design Services (TBD as needed)
Consultant may be asked to provide post design services, including, but not limited to:
• Shop drawing review
• Responses to Requests for Information (RFI)
• Sediment QA/QC review
• Progress calculations/drawings
• Progress Meeting Attendance/Minutes
• Project Close-out and permit compliance documents
• As-Built Drawings in CAD or PDF format (per County direction)
• Final certifications
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SCHEDULE B
BASIS OF COMPENSATION
LUMP SUM AND TIME AND MATERIAL
1. MONTHLY STATUS REPORTS
B.1.1. As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice, a progress report reflecting the Project design and construction status, in
terms of the total work effort estimated to be required for the completion of the Basic Services
and any then-authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage complete
of each item.
B1.1.1. All monthly status reports and invoices shall be mailed to the attention of: Gary
McAlpin, Manager, Coastal Zone Management, 2800 N. Horseshoe Drive, Naples,
FL 34104, (239) 252-2966.
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly
payments and time and material payments to CONSULTANT based upon CONSULTANT'S
Direct Labor Costs and Reimbursable Expenses in accordance with the terms stated below.
Provided, however, in no event shall such compensation exceed the amounts set forth in the
table below.
PAYMENT
TASK DESCRIPTION FEE SCHEDULE
Tasks 1-2 Lump Sum Lump Sum
1 Design Survey $ 18,992.00 Monthly Upon
Percent Complete of
Task
2 Project Design $ 29,379.00 Monthly Upon
Percent Complete of
Task
-
Tasks 3-6 Time and Material Not to Exceed
3 Construction Documents $ 25,858.00 Time and Material—
Not to Exceed
4 Acquire Notice to Proceed $ 20,755.00 Time and Material —
Not to Exceed
5 Bidding Support $ 10,220.00 Time and Material —
Not to Exceed
6 Post Design Services TBD, as needed Time and Material —
Not to Exceed
GRAND TOTAL FEE (Total of Tasks 1-6) $ 105,204.00
B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid
to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll
related costs and fringe benefits, all in accordance with and not in excess of the rates set r—.
forth in the Attachment I to this Schedule B.
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B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time
records, and any other documentation reasonably required by OWNER, regarding
CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and
approved by OWNER.
B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees
to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the
services to be provided. The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or
Additional Services without OWNER'S prior written approval.
B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed
under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out-of-pocket expenses incurred in the performance of all such
services.
B.2.6. Notwithstanding anything in this Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one invoice
per month for all fees earned that month for both Basic Services and Additional Services.
Invoices shall be reasonably substantiated, identify the services rendered and must be
submitted in triplicate in a form and manner required by Owner. Additionally, the number
of the purchase order granting approval for such services shall appear on all invoices.
B.3.1.1. Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months
after completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non-payment under the legal doctrine of"laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and Project name and shall not be submitted more than one time monthly.
B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
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B.3.4. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
B.3.5. Unless specific rates have been established in Attachment 1, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
B.3.5.1. Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without
mark-up by the CONSULTANT, and shall consist only of the following items:
B.3.5.1.1. Cost for reproducing documents that exceed the number of
documents described in this Agreement and postage and handling of Drawings
and Specifications.
B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by OWNER. Such
expenses, if approved by OWNER, may include coach airfare, standard
accommodations and meals, all in accordance with section 112.061, F.S.
Further, such expenses, if approved by OWNER, may include mileage for trips
that are from/to destinations outside of Collier or Lee Counties. Such trips within
Collier and Lee Counties are expressly excluded.
B.3.5.1.3. Permit Fees required by the Project.
B.3.5.1.4. Expense of overtime work requiring higher than regular rates
approved in advance and in writing by OWNER.
B.3.5.1.5. Expense of models for the County's use.
B.3.4.1.6. Other items on request and approved in writing by the OWNER.
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Attachment 1
SCHEDULE B
CONSULTANT'S HOURLY 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 Biologist/Hydrogeologist $ 110.00
Senior Marine Biologist/Hydrogeologist $ 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
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SCHEDULE C
PROJECT MILESTONE SCHEDULE
Cumulative Number
of Calendar Days
For Completion
Item Description from Date of
Notice to Proceed for
Services under this
Agreement
1 Design Survey 30
2 Project Design 45
3 Construction Documents 60
4 Acquire Notice to Proceed 75
5 Bidding Support TBD
6 Post Design Services (TBD as needed). Upon
NTP to awarded ITB
Contractor, concurrent with
project
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SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements
or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any
of the below listed minimum required coverages, CONSULTANT must identify on the Certificate
of Insurance the nature and amount of such self-insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the services until the date of completion and acceptance of the Project by the OWNER or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the
OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages
and limits required hereunder. In addition, certified, true and exact copies of all insurance
polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
certificates shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until at least thirty (30) days prior written notice has been given to
the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24)
hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverages or limits received by CONSULTANT from its insurer, and nothing contained herein
shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in
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the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or
self insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not constitute
approval or agreement by the OWNER that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and maintain, until
the completion of the subconsultant's services, insurance of the types and to the limits specified
in this Section except to the extent such insurance requirements for the subconsultant are
expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand,
OWNER has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall
be under no obligation to purchase such insurance, nor shall it be responsible for the coverages
purchased or the insurance company or companies used. The decision of the OWNER to
purchase such insurance coverages shall in no way be construed to be a waiver of any of its
rights under the Agreement.
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
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CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
■ of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of
the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a
material breach by CONSULTANT and OWNER may terminate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? X Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one, if applicable)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
X $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER and the
policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
Applicable X_Not Applicable
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(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
Applicable X_ Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? X_Yes No
(1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance .--�
by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the
following:
General Aggregate $300,000
Products/Completed Operations Aggregate $300,000
Personal and Advertising Injury $300,000
Each Occurrence $300,000
Fire Damage $ 50,000
General Aggregate $500,000
Products/Completed Operations Aggregate $500,000
Personal and Advertising Injury $500,000
Each Occurrence $500,000
Fire Damage $ 50,000
_X_General Aggregate $2,000,000
Products/Completed Operations Aggregate $2,000,000
Personal and Advertising Injury $2,000,000
Each Occurrence $1,000,000
Fire Damage $ 50,000
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(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects
away from premises owned by or rented to you." Applicable deductibles or self-insured
retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured
retentions carried by the CONSULTANT shall be subject to the approval of the Risk
Management Director or his/her designee.
(3) The OWNER, Collier County Government, shall be named as an Additional Insured
and the policy shall be endorsed that such coverage shall be primary to any similar coverage
carried by the OWNER.
(4) Coverage shall be included for explosion, collapse or underground property damage
, . claims.
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Applicable X Not Applicable
(7) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Applicable X_ Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? X Yes No
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(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ^
ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less
than:
Bodily Injury & Property Damage - $ 500,000
X_ Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? _X Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under
this insurance. Such insurance shall have limits of not less than:
$ 500,000 each claim and in the aggregate
_X $1,000,000 each claim and in the aggregate
$2,000,000 each claim and in the aggregate
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$5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(3) The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to OWNER of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material
change in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1) In the sole discretion of the County, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
PROJECT PROFESSIONAL LIABILITY
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(1) If OWNER notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and
OWNER'S insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT'S professional
liability policy. If no credit is available from CONSULTANT'S current professional policy
underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next
renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent
professional liability policies that renew during the term of the project policy). CONSULTANT
agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for
the provision of project-specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured
consultants.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
c. Current deductibles/self-insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
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SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Atkins North America, Inc. hereby certifies that wages, rates and other factual unit
costs supporting the compensation for the services of the CONSULTANT to be provided under
the Professional Services Agreement, concerning Naples Beach Renourishment are accurate,
complete and current as of the time of contracting.
Atkins North America, Inc.
BY:
TITLE:
DATE:
Schedule E
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SCHEDULE F
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
Name Title Percentage of work
William "Ken" Jones, PE VP, Principal 5%
Bryan Flynn, PE Sr. Project Manager 20%
Walker Dawson, PE Sr. Engineer 20%
Marie Yarbrough, PE Engineer 10%
Stacey Roberts Senior Environmental Specialist 15%
Matthew Starr GIS Specialist 15%
James Patanio CAD Design 15%
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SCHEDULE G: FEMA
�. Supplemental Conditions 97.036
The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify
the general conditions and other specifications. In cases of disagreement with any other section of this contract,
the Supplemental Conditions shall govern.
Flow Down of Terms and Conditions from the Grant Agreement
Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed
subcontract must be forwarded to the Department for review and approval. The vendor agrees to include in
the subcontract that (1) the subcontractors is bound by the terms of this Agreement, (ii) the subcontractor is
bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the
Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's
performance of work under this Agreement, to the extent allowed and required by law. The recipient shall
document in the quarterly report the subcontractor's progress in performing its work under this agreement. For
each subcontract, the Recipient shall provide a written statement to the Department as to whether the
subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat.
(1) Administrative, contractual, or legal remedies Unless otherwise provided in this contract, all claims,
counter-claims, disputes and other matters in question between the local government and the contractor,
arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually
agree, or in a Florida court of competent jurisdiction.
(2)Termination for cause and for convenience
A. This contract may be terminated in whole or in part in writing by either party in the event of substantial
failure by the other party to fulfill its obligations under this contract through no fault of the terminating party,
provided that no termination may be effected unless the other party is given:
(1) not less than ten (10)calendar days written notice (delivered by certified mail, return receipt requested) of
intent to terminate; and
(2) an opportunity for consultation with the terminating party prior to termination.
B. This contract may be terminated in whole or in part in writing by the local government for its convenience,
provided that the other party is afforded the same notice and consultation opportunity specified in 1(a)above.
C. If termination for default is effected by the local government, an equitable adjustment in the price for this
contract shall be made, but
(I) no amount shall be allowed for anticipated profit on unperformed services or other work,and
(2) any payment due to the contractor at the time of termination may be adjusted to cover any additional
costs to the local government because of the contractor's default.
If termination for convenience is effected by the local government, the equitable adjustment shall include a
reasonable profit for services or other work performed for which profit has not already been included in an
invoice. For any termination, the equitable adjustment shall provide for payment to the contractor for
services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to
termination settlement costs reasonably incurred by the contractor relating to commitments (e.g.,
suppliers, subcontractors)which had become firm prior to receipt of the notice of intent to terminate.
D. Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall (1)
promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or otherwise make
available to the local government all data, drawings, reports specifications, summaries and other such
information, as may have been accumulated by the contractor in performing this contract,whether completed or in
process.
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(3) Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment
Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in
Department of Labor regulations
"During the performance of this contract, the contractor agrees as follows:
"(1) The contractor will not discriminate against any employee or applicant for employment because of race,
creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to their race, creed, color, or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
"(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to race,
creed, color, or national origin.
"(3) The contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting
officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of
Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
"(4) The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor.
"(5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September ""
24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
"(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any
of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part
and the contractor may be declared ineligible for further Government contracts in accordance with procedures
authorized in Executive Order No. 11246 of Sept 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.
"(7)The contractor will include the provisions of Paragraphs (1) through (7)in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of
Executive Order No. 11246 of Sept. 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting
agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided,
however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor
or vendor as a result of such direction by the contracting agency, the contractor may request the United States to
enter into such litigation to protect the interests of the United States."
(4) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq.: The Contractor agrees it
will require that mechanics and laborers (including watchmen and guards) employed on this federally assisted
contract be paid wages of not less than one and one-half times their basic wage rates for all hours worked in
excess of forty hours in a work week.
j5) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq.: The Contractor agrees it will require that ''
covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half
times their basic wage rates for all hours worked in excess of the prescribed work-week.
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(6) Copeland "Anti-Kickback" Act (U.S.C. Section 51): The Contractor agrees to comply with the Anti-Kickback
Act of 1968 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted
n construction activities.
(7) Reporting: The contractor will provide any information required to comply with the grantor agency requirements
and regulations pertaining to reporting.
(8) Patents and Data: No reports, maps, or other documents produced in whole or in part under this contract shall
be the subject of an application for copyright by or on behalf of the contractor. The grantor agency and the grantee
shall possess all rights to invention or discovery, as well as rights in data which may arise as a result of the
contractor's services.
(9)Access to Records
The local government, the Florida Department of Emergency Management, the Federal grantor agency, the
Comptroller General of the United States, and any of their duly authorized representatives, shall have access to
any books, documents, papers, and records of the contractor which are directly pertinent to this contract for the
purpose of making audit, examination, excerpts, and transcriptions.
(10) Retention of Records
The contractor shall retain all records relating to this contract for five (5) years after the local government makes
final payment and all other pending matters are closed.
(11) Clean Air Act , Federal Water Pollution Control Act, Executive Order 11738, and US EPA Regulations:
Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the Contractor
or recipient to comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of
the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act(33 U.S. 1368), Executive Order 11738,
and the U.S. Environmental Protection Agency regulations (40 CFR Part 15 and 61). Violations shall be reported
to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA).
'-` (12) Energy Efficiency Standards: The contractor shall comply with any mandatory standards and policies
relating to energy efficiency which are contained in the state energy conservation plan issued in compliance
with the Energy Policy and Conservation Act(Pub. L. 94-163, 89 Stat. 871).
(13) Debarment and Suspension (E.O.s 12549 and 12689): Contract awards that exceed the small purchase
threshold and certain other contract awards shall not be made to parties listed on the nonprocurement portion of
the General Services Administration's List of parties Excluded from Federal Procurement or Nonprocurement
Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the
names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared
ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the
small purchase threshold shall provide the required certification regarding its exclusion status and that of its
principals. Vendors submitting proposals for this purchase must attest that they, and their subcontractors and
partners, are not excluded from receiving Federal contracts, certain subcontracts, and certain Federal financial and
nonfinancial assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O. 12689,
48 CFR 9.404, and each agency's codification of the Common Rule for Nonprocurement suspension and
debarment. Contractor's debarment and suspension status will be validated at the System for Award
Management at
www.sam.gov and the State of Florida at http://dms.myflorida.com/business_operations/state_purchasing/ vendor
information.
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