Agenda 03/27/2012 Item #11C3/27/2012 ft em 11.C.
EEX CUTIVE SUMMARY
Recommendation to approve Contract 1- 5782-with AECOM Technical Services, Inc., CDM Smith
•inc. and Hole Montes, Inc., for three contracts for "Wastewater Basin - Analyses," Project Numbers
70043,, 70044, 70046, 70050, 70451, and 70064, in the estimated amount of $21000,000 per year for
each consultant, or a total annual amount of $6,000,000 with a contract length of six years, to
perform professional engineering services with one engineering consultant being assigned to each of
the three basins selected for analysis. (Craig Pajer, Principal Project Manager, Planning and
Project Management Department, Public Utilities Division)
Q9&C,,, * Provide .expert professional engineering services to ensure proper and sound
analysis, design, and construction of wastewater collection systems. The intent is to provide end
results that are high quality, best value projects to serve our wastewater customers with full
regulatory compliance, reliability, and sustainability.
CONSID DNS: On June 24, 2008, as Agenda item 10G, the Board of County
Commissioners (Board) adopted the 2008 Wastewater Master Plan Update that identified the
general requirement for rehabilitating wastewater collections systems. The proposed scope of
work will be executed under multiple projects shown in the attached Table 1.' These projects are
consistent with the 2010 Wastewater CIP Update, pages 2 and 3, as identified in the 2011 User
Fee Rate Study.
The Planning and Project Management Department is incorporating multiple technical
support projects into a series of Wastewater Basin Analyses investigations to analyze, design
and construct wastewater system improvements efficiently and cost- effectively by thoroughly
examining the current and ultimate wastewater infinstructure needs within each basin. Three
engineering consultants were selected; one for each of three wastewater basins to be studied.
On February 14, 2012, as Agenda item 16.C.1, the Board, as Ex- officio the Governing Board: of
the Collier County Water -Sewer District, approved the selection committee rankings and
authorized entering into negotiations with AECOM Technical Services, Inc., CDM Smith, Inc.
and Hole Montes, Inc, for three contracts for Request for Proposal No. 11 -5782, "Wastewater
Basin Analyses" Project Numbers 70043, 70044, 70046, 70050, 70051, and 70064. At this time
staff is seeking the approval of the. proposed contracts for each of the Board approved
engineering consultants.
Each firm's contract is based on an annual "Not To Exceed" $2 million dollar amount, but
required services will be ordered on a strategic, as- needed basis as determined by the County.
For cost containment purposes, prior to the issuance of a Purchase Order, the firm must submit a
formal Quotation for the work. The County will review the Quotation, and upon reaching
agreement on pricing, schedule and deliverables, a Purchase Order will be issued to the firm with
the Quotation as backup documentation. The County will then issue a formal Notice To Proceed
(NTP) to initiate the services.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.C.
3/27/2012 Item 11.C.
Item Summary: Recommendation to approve Contract 11 -5782 with AECOM Technical
Services, Inc., CDM Smith Inc. and Hole Montes, Inc., for three contracts for "Wastewater Basin
Analyses," Project Numbers 70043, 70044, 70046, 70050, 70051, and 70064, in the estimated
amount of $2,000,000 per year for each consultant, or a total annual amount of $6,000,000
with a contract length of six years, to perform professional engineering services with one
engineering consultant being assigned to each of the three basins selected for analysis. (Craig
Pajer, Principal Project Manager, Planning and Project Management Department, Public
Utilities Division)
Meeting Date: 3/27/2012
Prepared By
Name: PajerCraig
Title: Project Manager, Senior,Public Utilities Engineering
^ 2/15/2012 1:32:04 PM
Approved By
Name: HapkeMargie
Title: VALUE MISSING
Date: 2/28/2012 8:13:16 AM
Name: Steve Messner
Title: Plant Manager,Water
Date: 2/28/2012 8:42:22 AM
Name: NagySteve
Title: Manager - Wastewater Collection, Wastewater
Date: 2/28/2012 10:24:21 PM
Name: JohnssenBeth
Date: 2/29/2012 3:15:30 PM
Name: ChmelikTom
Title: Project Manager, Principal,Public Utilities Engine
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Date: 2/29/2012 3:26:19 PM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 3/9/2012 4:11:55 PM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 3/9/2012 4:32:12 PM
Name: ParkerNicole
Title: Contracts Specialist,Purchasing & General Services
Date: 3/12/2012 7:41:17 AM
Name: WidesTom
Title: Director - Operations Support - PUD,Utilities Fina
Date: 3/13/2012 12:56:00 PM
Name: YilmazGeorge
Title: Director - Wastewater,Wastewater
Date: 3/13/2012 4:18:45 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 3/16/2012 8:55:51 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/16/2012 3:30:37 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 3/20/2012 12:48:00 PM
Name: OchsLeo
Title: County Manager
Date: 3/21/2012 12:56:32 PM
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3/27/2012 Item 11.C.
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3/27/2012 Item 11.C.
3/27/2012 Item 11.C.
Contract #11 -5782
Wastewater Basin Analyses
PROFESSIONAL SERVICES AGREEMENT
For
BASIN #2
Master Pump Station (MPS) Basin 305 - The Glades, Consisting of basins 308 (Gatweway
Trianlge), 309 (Flamingo Estates, and 305 (The Glades); (Area north of US 41,West of the
Lakewood Community in the South, West of Foxfire, West of Livingston Road, South of the
Golden Gate Canal and East of the Gordon River, excluding Naples Airport)
THIS AGREEMENT is made and entered into this day of
2012, 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
Hole Montes, Inc., authorized to do business in the State of Florida, whose business address is
950 Encore Way, Naples, FL. 34110 (hereinafter referred to as the "CONSULTANT ").
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Engineering Consulting
Services of the CONSULTANT concerning Wastewater Basin Analyses (hereinafter referred
to as the "Project "), said services being more fully described in Schedule A, "Scope of
Services ", which is attached hereto and incorporated herein;
and
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
WHEREAS, the CONSULTANT represents that it has expertise in the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
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3/27/2012 Item 11.C.
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.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation ", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County,
Florida, including, but not limited to, all licenses required by the respective state boards and
other governmental agencies responsible for regulating and licensing the professional services
to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and /or retain only
qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates Ronald E. Benson 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
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3/27/2012 Item 11.C.
is required to satisfactorily manage the services to be provided and performed by the
CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT .�
from the Project without OWNER'S prior written approval, and if so removed must be
immediately replaced with a person acceptable to OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from Owner to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the
OWNER that it
has expertise
in the type of
professional services that will be performed
pursuant to this
Agreement and
has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including the Local Government Prompt Payment Act (218.735 and
218.76 F.S.) as amended in the 2010 legislative session, ordinances, codes, rules, regulations
and requirements of any governmental agencies, including 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.
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1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amounts
^, for the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and /or deficient documents, failure to comply with local, state and /or
federal requirements and /or codes and ordinances applicable to Consultant's performance of
the work as related to the project. This list is not deemed to be all- inclusive, and the County
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these
funds would be forfeited by the Consultant. The County may also deduct or charge the
Consultant for services and /or items necessary to correct the deficiencies directly related to the
Consultant's non - performance whether or not the County obtained substitute performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non - public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt
written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD Digital Exchange File (DXF) format on a CD or DVD, drawn
in the Florida State Plane East (US Feet) Coordinate System (NAD 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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3/27/2012 Item 11.C.
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 Policy and Administrative 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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3/27/2012 Item 11.C.
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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3/27/2012 Item 11.C.
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;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
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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
Schedule C. attached hereto and made a part hereof. Time is of the essence with respect to the
performance of this Agreement. The term of this contract shall be for sixty (60) days following
the final acceptance of the construction project associated with this agreement and no longer
than six (6) years, unless with prior approval by the Board of County Commissioners.
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 r�
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT until such time as the
CONSULTANT resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or
will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be
deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or
any other damages hereunder.
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ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation ", which is attached hereto and made a part hereof.
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, AutoCAD files, specifications, maps, evaluations, reports and other
technical data, other than working papers, prepared or developed by or for CONSULTANT
under this Agreement ( "Project Documents "). OWNER shall specify whether the originals or
copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall
be solely responsible for all costs associated with delivering to OWNER the Project Documents.
CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and
internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER
to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use on this Project.
CONSULTANT warrants to OWNER that it has full right and authority to grant this license to
OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to
complete the Project following CONSULTANT'S termination for any reason or to perform
additions to or remodeling, replacement or renovations of the Project. CONSULTANT also
acknowledges OWNER may be making Project Documents available for review and information
to various third parties and hereby consents to such use by OWNER.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
111-N 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
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3/27/2012 Item 11.C.
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 8.1.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to
this Agreement.
9.2 All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3 All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy,
Professional Liability policy, and the Workers Compensation policy,
provided by CONSULTANT to meet the requirements of this Agreement
shall name Collier County Government, Collier County, Florida, as an
additional insured as to the operations of CONSULTANT under this
Agreement and shall contain a severability of interests provisions.
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3/27/2012 Item 11.C.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse
against OWNER for payment of premiums or assessments for any
deductibles which all are at the sole responsibility and risk of
CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any
insurance or self- insurance program carried by OWNER 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.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida,
and shall be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and
received by OWNER, except such rights as they may have to the proceeds of such
insurance held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the
Department of Insurance of the State of Florida to transact the appropriate
insurance business in the State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial
rating of "Class VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
or use of the services of any other person or firm by CONSULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything in this Agreement be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
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10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not
be removed or replaced without OWNER'S prior written consent.
10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the
subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this
Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities
which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each
subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER
under this Agreement with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to
enter into similar agreements with its sub - subconsultants or sub - subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
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ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment
by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or
directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this
Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
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CONSULTANT's remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth ,.�
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty -five (45) days after such payment is due or such other time as required by Florida's Prompt
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
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default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions . of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs
supporting the compensation for CONSULTANT'S services to be provided under this
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
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adjusted to exclude any significant sums by which the OWNER determines the Agreement price
was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT
to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
OWNER'S address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department
3327 Tamiami Trail East
Naples, FL. 34112
Attention: Director of Purchasing / General Services
Phone: 239 - 252 -8407
Fax: 239 - 732 -0844
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
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States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT'S address of record:
Hole Montes, Inc.
950 Encore Way
Naples, FL. 34110
Attn: Ronald E. Benson
Telephone: 239 - 254 -2000
Fax: 239 - 254 -2096
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and
assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
1--*N 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
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17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any
and all prior agreements or understandings, written or oral, relating to the matter set forth
herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
17.8 This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9 The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSULTANTS AND
SUBCONTRACTORS
RFP # 11 -5782 TERMS AND CONDITIONS
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
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brought in the appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT /PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement. At the time this Agreement is
executed, CONSULTANT shall sign and deliver to OWNER the Truth -In- Negotiation Certificate
identified in Article 13 and attached hereto and made a part hereof as Schedule E.
CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"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."
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ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision - making authority and by OWNER'S staff person who would make the
presentation of any settlement reached during negotiations to OWNER for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision - making authority and
by OWNER'S staff person who would make the presentation of any settlement reached at
mediation to OWNER'S board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT
to comply with the laws referenced herein shall constitute a breach of this agreement and the
County shall have the discretion to unilaterally terminate this agreement immediately.
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Engineering Consulting Services concerning Wastewater Basin Analyses
the day and year first written above_
ATTEST:
Dwight E. Brock, Clerk
0
Date:
Approved as to form and
legal sufficiency: � Del
Scott Teach
Deputy County Attorney
Witness
Witness
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
By:
Fred W. Coyle, Chairman
HOLE MONTES, INC.
0
Typed Name and Title
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SCHEDULE A
SCOPE OF SERVICES
SCOPE OF SERVICES
1. DESCRIPTION OF PROJECT:
1.1. The basin region is described below:
BASIN #2
Master Pump Station (MPS) Basin 305 - The Glades, Consisting of basins 308 (Gatweway Trianlge), 309
(Flamingo Estates, and 305 (The Glades); (Area north of US 41,West of the Lakewood Community in the
South, West of Foxfire, West of Livingston Road, South of the Golden Gate Canal and East of the
Gordon River, excluding Naples Airport)
1.2. The County is interested in contracting with the most qualified firm(s) to develop and implement a
Wastewater Basin Study Program for three initial distinct geographical regions. Each Wastewater Basin
Study shall include three general phases of work (as described below). It is expected and required that
the selected firms will work cooperatively with the other firms to provide best value services to the Public
Utilities Division and will share "lessons learned" for the benefit of the County's rate payers.
Throughout the duration of the program, the Consultant will provide project management assistance
consisting of the following:
• Attend biweekly (every two weeks) progress meeting with PUD staff
• Graphics /exhibit preparation
• Progress meeting assistance
• Project management assistance
• Project management plan preparation A1-1�1
• SCADA design
• Subsurface investigations of underground utilities
• Wastewater System Field Measurements
1.3 Evaluation of Alternatives: Throughout the Scope of Work herein, a number of tasks are identified
that include the evaluation of several process and /or facility alternatives. If and when several alternatives
need to be considered, evaluation of the specific alternatives will be based on a selection criteria
weighting /ranking process utilized by the Consultant specific to the particular task component.
The anticipated selection criteria for the various alternative evaluations will be from the following list, as
determined applicable by the Consultant and County for the given process and /or facility component:
• Automation
• Capital Cost
• Chemical Cost
• Constructability
• Electrical (Power) Cost
• Fatal Flaw Analysis
• Good Neighbor Policy
• Maintenance
• Odor, Light, Noise Potential
• Operational Flexibility
• Operator Attention
• Performance and Reliability
• Process Monitoring
• Public Acceptance
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• Redundancy /Reliability
• Safety
• Security
• Site Aesthetics
• Space Utilization
• Wet Weather Tolerance
The basis for recommendation of a selected alternative for a given process and /or facility component will
be a 3 -step weighting /ranking approach developed by the Consultant, (except as otherwise directed by
the County), as described in the following:
Step 1 Each criteria item will be given a "Weight" factor between 1 and 3 relative to the specific
process and /or facility component being evaluated, where I" is considered least important
and "Y is considered most important.
Step 2 Each criteria item will then be given a "Rank" factor between 1 and 5 relative to the specific
process and /or facility component being evaluated, where "5" is considered best (i.e.,
cheapest, easiest, etc.) and "1" is considered worst.
Step 3 An overall process evaluation matrix will be developed, where the individual criteria "Weight'
and "Rank" will be multiplied together, and total points determined for each process and /or
facility component being evaluated. Alternative recommendation will be based upon the
highest total points accordingly. Final alternative selection will be reviewed and approved
with County staff.
1.4 Attendance at Project Progress Meetings: Bi- weekly meetings with County representatives will be
conducted, as requested by the Program Manager, throughout the program to keep the County informed
of the project progress, to make certain that the Consultant is productively conducting its consulting
services and to obtain input and direction as required for outstanding project issues. A firm day and time
will be established for all bi- weekly meetings. Meeting objectives will be to provide progress updates,
reach decisions on pertinent issues relative to the specific topics being addressed. Progress meetings
may be held with other selected Engineers in order to effectively collaborate the work effort associated
with this program.
The Consultant will prepare and distribute agendas and minutes for each meeting incorporating agenda
items and meeting minute corrections provided by the County. Agendas will be submitted to the County
at least two days prior to the meeting. Draft minutes will be submitted to the County no more than three
(3) working days following each meeting; County will provide comments no more than three working days
after receipt of draft minutes.
2. Wastewater Basin Analvses and Related Services
2.1- Each basin region may include but is not limited to, the following three (3) phases of work:
• Phase 1: Wastewater Collection System Analysis
• Phase 2: Design rehabilitation program
• Phase 3: Post Design Services
2.1.1 The Consultant will provide complete services for Phases 1, 2 and 3 on an as- needed basis as may
be required by the County. The execution of this Agreement shall not be a commitment to the Consultant
that any work will be awarded to the Consultant. Rather, this Agreement governs the rights and
obligation of the Quotation procedure outlined in the next paragraph and all Work undertaken by the
Consultant for the County pursuant to this Agreement and that procedure during the term and any
extension of the term of this Agreement.
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2.1.1 Prior to the issuance of a Purchase Order, the County shall provide a summary of Work to be
performed which will afford the Consultant the opportunity to submit a formal Quotation for the Work; the
Consultant shall respond with the information sought within ten (10) working days. The Quotation shall
be based upon either the rates specified in Attachment 1 to Schedule B or as a lump sum per task. The
County will negotiate favorable terms and conditions, and the County user Department will issue a
Purchase Requisition with the submitted Quotation as backup documentation for subsequent issuance of
a Purchase Order to the Consultant. The County Project Manager or his designee will then issue a
formal Notice To Proceed (NTP) to initiate the services.
In each Request for Quotation, the Owner reserves the right to specify the period of completion and the
collection of liquidated damages in the event of late completion.
2.1.3 The services required by this contract shall include but not be limited to the items /services
described in this Scope of Services. The County shall order services as required but makes no
guarantee as to the quantity, number, type or distribution of services that will be ordered or required by
this contract.
Phase 1: Wastewater Collection System Analysis
TASK 1.1 — Identify, analyze, prioritize and recommend the rehabilitation program for the basin region.
Tasks may include, but are not limited to:
1) Determine /confirm the pump station (PS) service area (basin) for each pump station
2) Determine existing and ultimate theoretical wastewater generation for each pump station (PS)
service area based on current land use and zoning. Estimate potential ultimate wastewater
flow generation for vacant land by assuming a practical potential zoning designation
consistent with historic rezoning trends.
3) Collect the necessary information to confirm the build out flow conditions for each pump
station both public and private. Obtain the following documents: n
a. FDEP permit files for each lift station to identify the original design flow
b. Existing and future land use maps
c. Existing zoning maps
d. Existing and proposed (if known) PUDs
e. GMD approved wastewater pump station plans
4) Determine current wastewater flow generation for each pump station service area based on
recorded measured flow readings either entering or leaving a pump station for a three month
time period
5) Evaluate historical pump station operation to validate whether it is operating efficiently
6) Physically examine condition of all collection system components in a Pump Station service
area based on criteria provided by PUPPMD. Provide information in both Excel and GIS
format. Some portions of the study area may have been previously examined by either
Collier County Collections Department staff or other contractors. These areas will not need to
be reexamined.
7) The inventory of conditions should include a physical survey of the collection system which is
being evaluated during the 1/1 investigations. The physical survey is conducted to isolate 1/1
problem areas, select flow gauging (continuous and instantaneous) sites, and provide a basis
for a preliminary assessment of the general physical (structural and operational) condition of
the collection system. At a minimum, the following tasks are to be performed during the
inventory of conditions:
a. Inspection of manholes
b. Identification of continuous and instantaneous flow gauging manholes
c. Determination of gauging area boundaries for continuous and instantaneous gauging
areas
d. Measure or determine groundwater levels
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e. Gravity sewer /service lateral inspection — if warranted, retain the services of a
qualified lateral inspection company to assess the condition of gravity sewer /service
laterals
f. Force Main Evaluation — Evaluate the condition of all force mains located within the
basin. Contract the services of a pipeline condition evaluation firm if warranted.
g. Identify problem areas
8) Perform a Sewer System Evaluation Survey as defined by USEPA.
9) Prepare exhibits for each pump station service area illustrating the pump station service area
and the associated existing and future land use and zoning. Install wastewater flow
measuring devices for a minimum period of three months in each pump station basin. Provide
organized flow monitoring report that presents recorded flow rates in tabular and graphic
formats. Analyze metered flow to determine Base Wastewater Flow (BWF), Groundwater
Infiltration (GWI) and Rainfall- Derived Infiltration /Inflow (RDII).
10) Perform an Infiltration /Inflow Analysis of the study area including smoke testing.
11) Prepare a signed and sealed Technical Memorandum for each pump station service area
identifying:
a. The original design capacity and flow
b. Existing pump station run time information
c. Projected build out capacity and flow requirements
12) Pump Station Evaluations
a. A local knowledgeable Florida - licensed professional land surveyor or mapper shall
survey each pump station site and confirm that it is located inside a legal easement
owned by or issued to the Collier County Water Sewer District. Retain the services of
a local title research company specializing in ownership and encumbrance property
reports to confirm easement ownership. Provide a detailed survey sketch of all above
ground features, including landscaping within a 50 -ft radius from the pump station site
including topography with both 1 -foot contours and intermediate spot elevations.
Locate and identify above - ground structures within 100 feet from the pump station.
Deliver sketches in hard copy, PDF and AutoCAD format.
b. Provide legal sketches and legal descriptions of required temporary and permanent
easements when requested.
c. Develop a pump station checklist to facilitate data collection during site visits.
d. Visit each pump station site and document the structural, electrical, civil and
mechanical conditions. Each site visit will include at a minimum, a civil
(water /wastewater) engineer, structural engineer and an electrical engineer
experienced with wastewater facilities. All engineers shall be registered professional
Engineers in the state of Florida. All work performed shall be signed and sealed by
Engineers performing the work.
e. Use field kits to estimate the hydrogen sulfide levels generated at each pump station.
f. Gather available information related to each pump station to assist with pump station
evaluation, including:
• Pump Station As -Built information
• Pump Station Operational Data including pump run times, system maps, original
design data for pump station sizing, system modifications which may have altered
the pump station flow since the original design was performed.
• Available permit information from applicable regulatory agencies including
construction permits, SDPs, certifications of completion, conveyance documents,
and compliance information. It will be the Consultant's responsibility to obtain this
information.
• Property ownership and recorded information regarding easements, as may be
applicable.
g. Utilize local (Collier County) knowledgeable registered land surveyors to stake out the
easements and /or property boundaries; collect and record the limits of the boundary
as well as the physical location of the existing pump station components such that the
adequacy of the existing area can be reviewed for future expansion. As part of this
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task, call Sunshine State One -Call System to have the existing utilities located and to
determine pipe ownership (water, irrigation quality water, gas, electric, force mains,
etc) prior to performing any field survey efforts.
h. Utilize the information from the field evaluations and the data collection stage to
perform an overall evaluation of each pump station. The field evaluations will include
evaluation of pump station components. This will include:
• An analysis of current and projected flows based on data collected
• Availability of fiber optic connections
• Available storage capacity in the pump stations collection system. This storage
capacity shall include storage within manholes and sewer mains up to the lowest
manhole overflow level
• Collection System Storage Time - Determine the available response time from a
pump station failure (high level alarm) to system overflow at current and ultimate
design flows
• Compliance with FEMA Flood Elevations
• Costs of potential improvements
• Electrical system components including site lighting, power feed (above - ground vs.
underground), feed size, emergency power supply and related site electrical
• Existing utilities which may be in conflict with future improvements
• Existing vegetation that would require trimming and /or removal
• Fencing /Bollards (conditions and sufficiency for future expansion)
• Flow meter and by -pass assembly (if applicable)
• Landscaping (code considerations) and irrigation
• Odor control condition, size, unit type (if applicable)
• Potential for bypass pumping
• Presence of blower system for grease reduction
• Pump condition and size adequacy (to meet future flows)
• Pump controls and communication including control panels, programmable logic ^
controllers (if present), variable frequency drives (if present), radio feed and tower
location
• Pump energy efficiency
• Site access
• Site layout of proposed improvements
• Site size sufficiency
• Water and irrigation quality water service availability
• Wet well condition and sizing (to meet future flows)
• Wet well ventilation
Pump Station Evaluation Report Preparation
1. Following completion of Pump Station Evaluation, prepare a draft "Fence to
Fence" Evaluation Report (Report) addressing each pump station within the basin.
The Report will include a summary of the findings for each evaluation component
listed above. Prepare exhibits for each pump station service area illustrating the
pump station service area and the associated existing and future land use and
current zoning.
2. A summary memorandum will be prepared for each pump station identifying:
a. The original design capacity (head and flow)
b. Existing pump station run time information
c. Projected build out capacity (head and flow requirements)
d. Recommended pump model number and pump curve
1. Four (4) hard and one electronic copy in PDF format copies of each
draft Report will be delivered to Collier County for review and comment.
Upon completion of the county's review of each report, meet with the
County to discuss the report and any comments that the county may
have.
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2. Revise each report based on comments received from Collier County
and incorporate them into the final report for each pump station. Upon
completion, four (4) signed and sealed copies of each report will be
provided to Collier County for their use in future planning for pump
station upgrades.
3. The following deliverables are anticipated:
a. Provide copies of the draft 1/1 Analysis and Technical Memorandum for
each pump station basin.
b. Provide copies of the final 1/1 Analysis and Technical Memorandum for
each lift station incorporating comments received from Collier County.
Phase 2: Design
Engineer shall design the rehabilitation program, assist with bid process and recommend construction
contractor to execute the basin program within the region; and
• Prepare bid /quote documents for collection system renovations
• Monitor collection system renovation activities
• Design pump station
• Observe and provide oversight
The following tasks are included as part of the scope of work.
Task 2.1 Final Design and Permitting Phase
a. On the basis of the accepted preliminary fence to fence layout, Consultant will prepare final
drawings and specifications, which provide the general scope, extent and character of the
work to be furnished, and performed by the Contractor. Consultant will prepare and submit
drawings and specifications at the 60 -, 90- and 100 - percent complete stages for review and
approval. An engineer's opinion of probable construction cost will accompany each submittal.
Technical specifications will be based on the 16- Division format of the Construction
Specifications Institute (CSI) in MS Word format. In addition to technical specifications,
Engineer will coordinate with County to develop necessary General Conditions, Supplemental
Conditions, and Special Provisions Specifications will be developed specifically for the proiect
being constructed. Standard Collier County Specifications may be used for reference but the
Engineer shall not rely on them as a replacement for sound engineering judgment and
responsibility. Documents shall include drawings and project specifications ready for bidding,
consistent with Collier County standards, including the following:
1) Cover sheet, index and key map.
2) Civil Site Plan including fencing and landscaping.
3) Civil Details
4) Demolition Plan
5) Pump Station Plan and Profile
6) Mechanical Details
7) Electrical Site Plan
8) Electrical Details
9) Riser and Wiring Diagram
10) Control Panel Layout, Name Plate Layout
b. Prepare applications for an Insubstantial Change to a Site Improvement Plan when required
n from Collier County Growth Management Division and respond to requests for additional
information. Prepare all other required permit applications. Permitting fees will be paid by the
County.
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c. Furnish copies of Contract Documents that include engineering drawings and specifications.
Present and review them in person with the County at the 60- percent and 90- percent
completion stages in the project and make appropriate changes for the pump station site.
d. Prepare a permit application for submittal to the Florida Department of Environmental
Protection (FDEP) and provide backup documentation including drawings and specifications
for each lift station site. Respond to a request for additional information (RAI) from the FDEP.
All permit fees will be paid by the County.
Task 2.2 Bidding and Award Phase
With the exception of the following, bid /quote services will be performed by the Collier County
Purchasing Department. Consultant will assist the County with the following:
a. Assist in preparing addenda, as required, to interpret, clarify, or expand the Bidding
Documents.
b. Consult with and advise the County as to the acceptability of the contractor and
subcontractors, suppliers and other persons and organizations proposed by the Prime
Contractor for those portions of the work as to which such acceptability is required by the
Bidding Documents.
c. Consult with the County concerning and determine the acceptability of substitute material
and equipment proposed by the Contractor when substitution prior to the award of
contracts is allowed by the Bidding Documents.
d. Conduct a pre- bid /quote conference
n
e. Attend the bid opening, review bids, qualifications,
f. Provide a recommendation of award.
Phase 3 — Post Design Services
Consultant's inspector shall observe regular construction and testing activities related to the Project as
directed by the Project Manager, including rehabilitation work. Construction /testing reports and pictures
of construction will be prepared daily on the day the construction activity takes place by the Construction
inspector. All construction documentation will be provided no later than the next morning via electronic
E -mail to the project manager. A hard copy will be kept in the project file.
Task 3.1 — Construction Observation and Documentation
The construction inspector (or activity observer) will provide the services outlined below. This section
also incorporates activity observations associated with Collection System Analyses performed in Phase 1
(i.e., smoke testing, flow monitoring, inspections, etc.).
3.1 — Construction/Testing Observation — The construction inspector will conduct on -site observations
and inspections of all construction /testing activities on the Project on a full or part time basis unless
directed otherwise by the project manager to ensure that all work is completed in accordance with the
Contract Documents. The Construction Inspector will inform the project manager and the on -site
superintendent of the construction /testing contractor of any concerns related to conformance of the work
with the Contract Documents (a concern or an Issue) as an attempt to resolve any concern or issue on- n
site. If the concern or issue is not immediately resolved in the field, the Construction Inspector shall
inform the Engineer of Record (EOR) and the project manager in Writing about the concern or issue
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within eight (8) business hours, but not more than one business day after the discovery of any concern or
issue. The FOR will be responsible for investigating the concern or issue and resolving the same
through a written directive to the construction contractor and so inform the project manager and the
Construction Inspector in writing. This protocol will be initiated any time the Construction Inspector
becomes aware of any construction that is unsatisfactory, faulty or defective, does not conform to the
Contract Documents, does not meet the requirements of any inspections, tests or approval required to be
made, or has been damaged before final payment. The Construction Inspector will maintain a separate
Issue Resolution Log documenting any issue or concern that is conveyed in writing to the EOR, including
the written directive resolving the issue or concern.
3.2 - Log and Construction Documentation — The construction inspector will prepare a daily log with
pictures recording activities and details related to the work on a form approved in advance by the project
manager. Information will be recorded in the log when at the Project Site. Log entries will record all
relevant aspects of the construction observed while on site including, but not limited to: construction
crew (labor) details, equipment used, materials used, compliance testing and inspection performed,
weather, temperature, site conditions, trench conditions, backfill material used, dewatering methods,
compaction methods, location of the work, and all other details related to the Work. The log will
reference the digital photographs and or video taken with appropriate file names and file locations. In
addition to the construction details, the daily log will contain information related to: time and hours on the
job site, weather conditions, data pertaining to questions of quantities of materials used, extras or
deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and
distributors, observations in general and specific observations in more detail as in observing test
procedures, conformance inspection of materials and fittings, name plate data for equipment and
material installed, and other information requested by the project manager. Logs, photograph files and
other construction documentation will be provided to the project manager by the Construction inspector
on a daily basis in an electronic file via E -mail, on a digital CD only if requested by the project manager
and a printed copy to be maintained on the project site in the inspector's trailer.
3.3 — Photographic and Video Record — The Construction inspector will provide a comprehensive digital
photographic record of all construction activities related to the Project. The digital file names will be
referenced in the log along with a brief description of the photograph, the date and time of the
photograph and the name of the photographer. The digital files will be transferred via E -mail to the
project manager on a daily basis, to a digital CD if requested by the project manager, and submitted on a
daily basis along with the construction documentation. The photographs may be electronic sent via E-
mail to the project manager on a daily basis. If requested by the project manager, pictures will be printed
in high resolution color, two captioned photos per 8'/" x 11" sheet, printed one side only. The prints if
requested will be provided to the project manager when needed. If requested by the project manager,
Video will be provided in digital format on DVD bi- weekly.
3.4 - General Coordination — The Construction inspector will coordinate all activities related to the Project
between the construction contractor, the FOR and the project manager. The Construction inspector will
oversee substantial and final completion inspections, and prepare and maintain the punch list, including
follow -up inspections to ensure that punch list items are corrected and /or completed.
3.5 - Observe Regulatory Agency Inspections — The inspector will accompany visiting inspectors
representing any regulatory agencies having jurisdiction over the Project and will record all discussions
and the outcome of these regulatory inspections in the logs. The inspector will always notify the project
manager prior to any such inspections.
3.6 - Construction Progress Meetings — The inspector will coordinate bi- weekly progress meetings
chaired by the project manager, attended by the construction contractor to review project status and
identify issues that may affect the Project. The inspector will prepare a DRAFT Agenda at least two
business days in advance of the each meeting and issue written meeting notes identifying a summary of
the discussion, conclusions and any risks that have been encountered or are expected within two days
after the meeting to the project manager, EOR, and the construction contractor.
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3.7 - Substantial Completion Inspections — The Construction inspector will conduct substantial
completion inspections when requested by the construction contractor and the FOR recommends that
the work is sufficiently complete to warrant a substantial completion inspection. During the substantial
completion inspection the Construction inspector will prepare a punch list of items requiring completion or '^
correction to the satisfaction of the FOR and the project manager. The Construction inspector will be
responsible for maintaining the punch -list and issuing updates to the punch -list on a weekly basis. The
Construction inspector will coordinate and participate in the final walk- through to ensure that the punch -
list items are completed to the satisfaction of the FOR and the project manager. All services related to
the Substantial Completion Inspection shall be provided in writing and pictures to the project manager for
the Project.
3.8 — Final Completion Inspection - Upon the request of the construction contractor and concurrence of
the FOR and the project manager, the Construction inspector will conduct final inspections of portions of
the project, as they are finished to determine if construction has been completed in accordance with the
Contract Documents and the construction contractor has fulfilled all obligations therein. Based on the
results of the final inspection, the EOR, project manager, and the Construction inspector will judge the
work complete or not complete. If the work is judged complete, the Construction inspector will issue a
"notice of final acceptance and recommendation for final payment ". If the work is judged not complete,
the Construction inspector will issue written instructions to the construction contractor identifying the work
judged not complete. Upon provision of the construction contractor evidence or assurance that the
deficiencies noted above have been corrected or completed, a second final inspection will be scheduled
to verify that the outstanding issues have been resolved and the Construction inspector can issue a
"notice of final acceptance and recommendation for final payment ". All services related to the Final
Completion Inspection shall be provided to the project manager of the Project.
3.9 — Final Construction Certification — Upon issuance of a "notice of final acceptance and
recommendation for final payment" the Construction inspector will provide a signed and sealed
certification by a professional engineer of the FOR in responsible charge of the work provided by the
Construction inspectors stating that the "Project has been completed by the construction contractor in
accordance with the Plans and Specifications of the Contract Documents as amended by the Engineer
OF RECORD ". All services related to the Final Construction Certification shall be provided to the project
manager of the Project.
TASK 3.2 — Construction Inspector and Project Oversight
3.2.1 - General Management and Oversight — The Construction inspector will provide support services
customarily related to the construction observation and inspection of similar projects including, but not
limited to:
a. Participate in a pre- construction meeting with the project manager, EOR, and the general
contractor.
b. Participate in other meetings as described or implied herein.
c. Review and verify correctness of the construction contractor's monthly applications for
payment and accompanying data and recommend approval of payments due to the
construction contractor. The Construction inspector's recommendation of any payment
requested in an application for payment shall constitute a representation by the Construction
inspector to the project manager as an experienced and qualified professional, that based on
Construction inspector's onsite observations and inspections of construction in progress, that
the construction quantities in the applications for payment accurately reflect the progress of
the work and that the work is constructed in accordance with the Contract Documents. The
Construction inspector will process pay requests in accordance with the Florida Prompt
Payment Act. All incoming pay requests processed by the Construction inspector shall be
mechanically stamped with the date received. 1011�1
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d. The Construction inspector will review the monthly updates to the construction schedule
prepared by the construction contractor and provide written comments to the project manager
and EOR.
�. e. The Construction inspector will provide such field testing and verification that all materials,
equipment and supplies installed or utilized on the Project are in full accordance with the
Contract Documents and approved Shop Drawings provided by the EOR.
f. Within one week after the construction contractor notifies the FOR and the project manager
that the Work on the Project is substantially complete in accordance with the Contract
Documents, the Construction inspector will provide a signed and sealed certification by a
professional engineer registered in the State of Florida, that the Work was done under his
supervision and performed in accordance with the Contract Documents, including all
approved shop drawings and change orders except as noted.
3.2.2 — Coordination of Shop Drawings, Contract Interpretations and Clarifications —The Construction
inspector will coordinate with the design engineer (EOR) regarding the issuance of interpretations and
clarifications of Contract Documents during construction. The DESIGN Engineer (EOR) shall be
responsible for technical review and decisions regarding interpretation and clarification of Contract
Documents. The Construction inspector shall coordinate the DESIGN Engineer's (EOR) decisions and
responses with the construction contractor.
3.2.3 - Monitor Project Records — The Construction inspector shall monitor all required Project records,
including but not limited to delivery schedules, inventories and construction reports.
3.2.4 — As Constructed Field Drawings — The Construction inspector shall maintain red pencil "mark -up"
notations and sketches on full size construction plans that reflect the actual details of constructed
facilities. These Constructed Field Drawings will be used by the Construction inspector to validate the
"As Built" documentation provided by the construction contractor. The Construction inspector will notify
the project manager, FOR and the construction contractor of any differences in the documents
maintained by the general contractor and the Construction inspector on a weekly basis for resolution by
the EOR.
3.2.5 — Start-up and Re- commissioning Support — The Construction inspector will assist the project
manager, the EOR, and the construction contractor during start-up of each segment designated for
Beneficial Use by the FOR and project manager, including but not limited to signing off on regulatory
permits and general coordination between the EOR, project manager, and construction contractor.
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SCHEDULE B
BASIS OF COMPENSATION
TIME AND MATERIAL OR LUMP SUM
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice, a progress report reflecting the Project status, in terms of the total work
effort estimated to be required for the completion of the Basic Services and any 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 Craig Pajer, Principal Project Manager at Collier County Public Utilities, 3339 Tamiami
Trail East, Suite 303, Naples, FL. 34112
2. COMPENSATION TO CONSULTANT
The estimated annual fee for professional services contained in this contract is $2,000,000.
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly
payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and
Reimbursable Expenses for Time and Materials Tasks, or on a Lump Sum per Task basis in
accordance with related Quotation for the actual services provided.
B.2.1.1 Due to the many variables within each Phase, the estimated annual amounts in the
table below are subject to change. Reallocation of estimated annual dollar amounts between
Phases may be done through a Change by Letter, provided that such reallocation does not
exceed the Total Estimated Annual Fee of $2,000,000.00 (two million dollars). Each Purchase
Order issued under this Agreement shall clearly identify which Phase(s) the requested services
will fall under.
ITEM
PHASE
ESTIMATED
ANNUAL
AMOUNT:
1.
Phase I - Wastewater Collection System
$1,000,000.00
Analysis
2.
Phase II - Design
$ 500,000.00
3.
Phase III — Post Design Services
$ 500,000.00
TOTAL Estimated Annual Fee (Total Items
$2,000,000.00
1 -3
B.2.2 Time and Materials: Direct Labor Costs mean the actual salaries and wages (basic,
premium and incentive) paid to CONSULTANT'S personnel, with respect to this Project,
including all indirect payroll related costs and fringe benefits, all in accordance with and not
in excess of the rates set forth in the Attachment I to this Schedule B.
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B.2.2.1 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.2.3 Lump Sum: Payments will be made monthly upon percent complete of Task; however,
the payment of any particular Task shall not be due until all services associated with any
such Task have been completed to OWNER'S reasonable satisfaction. Consultant's
invoices shall show all Service items, the Phase under which the services were
performed, and the percentage complete of each Task.
B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees
to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the
services to be provided. The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or
Additional Services without OWNER'S prior written approval.
B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed
under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out -of- pocket expenses incurred in the performance of all such
services.
B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
^ Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one invoice
per month for all fees and Reimbursable Expenses earned that month for both Basic
Services and Additional Services. Invoices shall be reasonably substantiated, identify the
services rendered and must be submitted in triplicate in a form and manner required by
Owner. Additionally, the number of the purchase order granting approval for such
services shall appear on all invoices.
B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non - payment under the legal doctrine of "laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
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B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and the Project name and shall not be submitted more than one time monthly.
B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S
annual billings, on a cumulative basis, exceed the Total Estimated Annual Fee of
$2,000,000.00 (two million dollars) as set forth in the table in Section 2.1 without prior
Board approval.
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.
END OF SCHEDULE B.
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ATTACHMENT 1
to Schedule B
Contract No: #11 -5782 "Wastewater Basin Analyses"
PERSONNEL CATEGORIES & HOURLY RATES
Personnel Category
Standard Hourly Rate
Principal
$195
Senior Project Manager
$165
Project Manager
$148
Senior Engineer
$155
Engineer
$119
Senior Inspector
$85
Inspector
$65
Senior Planner
$140
Planner
$110
Senior Designer
$115
Designer
$100
Environmental Specialist
$115
Senior GIS Specialist
$145
GIS Specialist
$100
Clerical
$60
Surveyor and Mapper
$130
CADD Technician
$85
Survey Crew - 2 man
$130
Survey Crew - 3 man
$160
Survey Crew - 4 man
$180
This list is not intended to be all- inclusive. Hourly rate fees for other categories of professional,
support and other services shall be mutually negotiated by the County and firm on a task by task
basis as needed per each Request for Quotation.
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The number of days for
Quotation documentation
number of days identified
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3/27/2012 Item 11.C.
SCHEDULE C
PROJECT SCHEDULE
completion of any of the requested services will be based on the
related to the issuance of a Purchase Order and will match the
in the Notice to Proceed (NTP) unless otherwise extended by the
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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
the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
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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
CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
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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)
$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 $1,000,000
Products /Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage $ 50,000
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(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial
Aggregate Limit under LIMITS OF INSUR/
away from premises owned by or rented
retentions shall be the sole responsibility
retentions carried by the CONSULTANT
Management Director or his /her designee.
General Liability Coverage Part. The General
ONCE applies separately to each of your projects
to you." Applicable deductibles or self- insured
of CONSULTANT. Deductibles or self- insured
shall be subject to the approval of the Risk
(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.
__1*1 (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 1*1-N
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
$1,000,000 each claim and in the aggregate
X $2,000,000 each claim and in the aggregate
$5,000,000 each claim and in the aggregate
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(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
(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
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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, Hole Montes, 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 Wastewater Basin Analyses are accurate,
complete and current as of the time of contracting.
Hole Montes, Inc.
BY:
111194 -4
DATE:
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SCHEDULEF
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
The percentage of time for each personnel category will be based on the requirements for each
requested service, and will be identified in the Consultant's response to the individual Request
for Quotation.
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Contract #11 -5782
Wastewater Basin Analyses
PROFESSIONAL SERVICES AGREEMENT
For
BASIN #3
Master Pump Station (MPS) Basin 306 - Bayshore, consisting of basins 303, 304 and 306
(Bayshore Drive and Thomasson Drive); (Area South of US 41, and East of the Gordon River,
excluding the City of Naples Wastewater Service Area)
THIS AGREEMENT is made and entered into this day of
2012, 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
AECOM Technical Services, Inc., authorized to do business in the State of Florida, whose
business address is 4415 Metro Parkway, Suite 404 Ft. Myers, FL. 33916 (hereinafter referred
to as the "CONSULTANT ").
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Engineering Consulting
Services of the CONSULTANT concerning Wastewater Basin Analyses (hereinafter referred
to as the "Project "), said services being more fully described in Schedule A, "Scope of
Services ", which is attached hereto and incorporated herein;
and
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
WHEREAS, the CONSULTANT represents that it has expertise in the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
"'—*, herein, the parties hereto agree as follows:
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ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Engineering Consulting Services
in all phases of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation ", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County,
Florida, including, but not limited to, all licenses required by the respective state boards and
other governmental agencies responsible for regulating and licensing the professional services
to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and /or retain only
qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates Lennart J. Lindahl, P.E., a qualified licensed professional to
serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project
Coordinator "). The Project Coordinator is authorized and responsible to act on behalf of the
CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote
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whatever time is required to satisfactorily manage the services to be provided and performed by
the CONSULTANT hereunder. The Project Coordinator shall not be removed by
CONSULTANT from the Project without OWNER'S prior written approval, and if so removed
must be immediately replaced with a person acceptable to OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from Owner to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including the Local Government Prompt Payment Act (218.735 and
218.76 F.S.) as amended in the 2010 legislative session, ordinances, codes, rules, regulations
and requirements of any governmental agencies, including 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.
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1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amounts
for the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and /or deficient documents, failure to comply with local, state and /or
federal requirements and /or codes and ordinances applicable to Consultant's performance of
the work as related to the project. This list is not deemed to be all- inclusive, and the County
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these
funds would be forfeited by the Consultant. The County may also deduct or charge the
Consultant for services and /or items necessary to correct the deficiencies directly related to the
Consultant's non - performance whether or not the County obtained substitute performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non - public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph
written notice of any such subpoenas.
CONSULTANT shall provide OWNER prompt
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD Digital Exchange File (DXF) 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 Policy and Administrative 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
.-N 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;
^ (c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
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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
Schedule C, attached hereto and made a part hereof. Time is of the essence with respect to the ^
performance of this Agreement. The term of this contract shall be for sixty (60) days following
the final acceptance of the construction project associated with this agreement and no longer
than six (6) years, unless with prior approval by the Board of County Commissioners.
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 CONSULTANT'S performance is or
will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be
deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or
any other damages hereunder.
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ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation ", which is attached hereto and made a part hereof.
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, AutoCAD files, specifications, maps, evaluations, reports and other
technical data, other than working papers, prepared or developed by or for CONSULTANT
under this Agreement ( "Project Documents "). OWNER shall specify whether the originals or
copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall
be solely responsible for all costs associated with delivering to OWNER the Project Documents.
CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and
internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER
to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use on this Project.
CONSULTANT warrants to OWNER that it has full right and authority to grant this license to
OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to
complete the Project following CONSULTANT'S termination for any reason or to perform
additions to or remodeling, replacement or renovations of the Project. CONSULTANT also
acknowledges OWNER may be making Project Documents available for review and information
to various third parties and hereby consents to such use by OWNER.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
n
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
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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 8.1.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to
this Agreement.
9.2 All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3 All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy,
Professional Liability policy, and the Workers Compensation policy,
provided by CONSULTANT to meet the requirements of this Agreement
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shall name Collier County Government, Collier County, Florida, as an
additional insured as to the operations of CONSULTANT under this
Agreement and shall contain a severability of interests provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse
against OWNER for payment of premiums or assessments for any
deductibles which all are at the sole responsibility and risk of
CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any
insurance or self- insurance program carried by OWNER 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.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida,
and shall be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and
received by OWNER, except such rights as they may have to the proceeds of such
insurance held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the
Department of Insurance of the State of Florida to transact the appropriate
insurance business in the State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial
rating of "Class VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
or use of the services of any other person or firm by CONSULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything in this Agreement be deemed to give any
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such party or any third party any claim or right of action against the OWNER beyond such as
I.—IIN may then otherwise exist without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not
be removed or replaced without OWNER'S prior written consent.
10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the
subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this
Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities
which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each
subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER
under this Agreement with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to
enter into similar agreements with its sub - subconsultants or sub - subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
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provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment
by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or
directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this
Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT ^
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
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shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty -five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
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by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs
supporting the compensation for CONSULTANT'S services to be provided under this ^
Agreement are accurate, complete and current at the time of the Agreement. The
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CONSULTANT agrees that the original Agreement price and any additions thereto shall be
^, adjusted to exclude any significant sums by which the OWNER determines the Agreement price
was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT
to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
OWNER'S address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department
3327 Tamiami Trail East
Naples, FL. 34112
Attention: Director of Purchasing / General Services
Phone: 239 - 252 -8407
Fax: 239 - 732 -0844
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16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the
CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT'S address of record:
AECOM Technical Services
4415 Metro Parkway, Suite 404
Ft. Myers, FL. 33916
Attn: Ron Cavalieri
Telephone: 239 - 278 -7996
Fax: 239- 278 -0913
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and
assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
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17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any
and all prior agreements or understandings, written or oral, relating to the matter set forth
herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
17.8 This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9 The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSULTANTS AND
SUBCONTRACTORS
RFP #11 -5782 TERMS & CONDITIONS
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
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brought in the appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT /PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement. At the time this Agreement is
executed, CONSULTANT shall sign and deliver to OWNER the Truth -In- Negotiation Certificate
identified in Article 13 and attached hereto and made a part hereof as Schedule E.
CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"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."
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ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision - making authority and by OWNER'S staff person who would make the
presentation of any settlement reached during negotiations to OWNER for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision - making authority and
by OWNER'S staff person who would make the presentation of any settlement reached at
mediation to OWNER'S board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
^ 20.2 Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT
to comply with the laws referenced herein shall constitute a breach of this agreement and the
County shall have the discretion to unilaterally terminate this agreement immediately.
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Engineering Consulting Services concerning Wastewater Basin Analyses
the day and year first written above.
ATTEST:
Dwight E. Brock, Clerk
By:
Date:
Approved as to form and
legal sufficiency:
Scott Teach
Deputy County Attorney
Witness
Witness
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Bv:
Fred W. Coyle, Chairman
AECOM Technical Services, Inc.
LIM
Typed Name and Title
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SCHEDULE A
SCOPE OF SERVICES
SCOPE OF SERVICES
1. DESCRIPTION OF PROJECT:
1.1. The basin region is described below:
BASIN #3
Master Pump Station (MPS) Basin 306 - Bayshore, consisting of basins 303, 304 and 306 (Bayshore
Drive and Thomasson Drive); (Area South of US 41, and East of the Gordon River, excluding the City of
Naples Wastewater Service Area)
1.2. The County is interested in contracting with the most qualified firm(s) to develop and implement a
Wastewater Basin Study Program for three initial distinct geographical regions. Each Wastewater Basin
Study shall include three general phases of work (as described below). It is expected and required that
the selected firms will work cooperatively with the other firms to provide best value services to the Public
Utilities Division and will share "lessons learned" for the benefit of the County's rate payers.
Throughout the duration of the program, the Consultant will provide project management assistance
consisting of the following:
• Attend biweekly (every two weeks) progress meeting with PUD staff
• Graphics /exhibit preparation
• Progress meeting assistance
• Project management assistance
• Project management plan preparation
SCADA design
• Subsurface investigations of underground utilities
• Wastewater System Field Measurements
1.3 Evaluation of Alternatives: Throughout the Scope of Work herein, a number of tasks are identified
that include the evaluation of several process and /or facility alternatives. If and when several alternatives
need to be considered, evaluation of the specific alternatives will be based on a selection criteria
weighting /ranking process utilized by the Consultant specific to the particular task component.
The anticipated selection criteria for the various alternative evaluations will be from the following list, as
determined applicable by the Consultant and County for the given process and /or facility component:
• Automation
• Capital Cost
• Chemical Cost
• Constructability
• Electrical (Power) Cost
• Fatal Flaw Analysis
• Good Neighbor Policy
• Maintenance
• Odor, Light, Noise Potential
• Operational Flexibility
• Operator Attention
• Performance and Reliability
• Process Monitoring
• Public Acceptance
• Redundancy /Reliability
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• Safety
• Security
• Site Aesthetics
• Space Utilization
• Wet Weather Tolerance
The basis for recommendation of a selected alternative for a given process and /or facility component will
be a 3 -step weighting /ranking approach developed by the Consultant, (except as otherwise directed by
the County), as described in the following:
Step 1 Each criteria item will be given a "Weight" factor between 1 and 3 relative to the specific
process and /or facility component being evaluated, where I" is considered least important
and "3" is considered most important.
Step 2 Each criteria item will then be given a "Rank" factor between 1 and 5 relative to the specific
process and /or facility component being evaluated, where "Y is considered best (i.e.,
cheapest, easiest, etc.) and I" is considered worst.
Step 3 An overall process evaluation matrix will be developed, where the individual criteria "Weight"
and "Rank" will be multiplied together, and total points determined for each process and /or
facility component being evaluated. Alternative recommendation will be based upon the
highest total points accordingly. Final alternative selection will be reviewed and approved
with County staff.
1.4 Attendance at Project Progress Meetings: Bi- weekly meetings with County representatives will be
conducted, as requested by the Program Manager, throughout the program to keep the County informed
of the project progress, to make certain that the Consultant is productively conducting its consulting
services and to obtain input and direction as required for outstanding project issues. A firm day and time
will be established for all bi- weekly meetings. Meeting objectives will be to provide progress updates,
reach decisions on pertinent issues relative to the specific topics being addressed. Progress meetings
may be held with other selected Engineers in order to effectively collaborate the work effort associated
with this program.
The Consultant will prepare and distribute agendas and minutes for each meeting incorporating agenda
items and meeting minute corrections provided by the County. Agendas will be submitted to the County
at least two days prior to the meeting. Draft minutes will be submitted to the County no more than three
(3) working days following each meeting; County will provide comments no more than three working days
after receipt of draft minutes.
2. Wastewater Basin Analyses and Related Services
2.1 Each basin region may include but is not limited to, the following three (3) phases of work:
Phase 1: Wastewater Collection System Analysis
Phase 2: Design rehabilitation program
Phase 3: Post Design Services
2.1.1 The Consultant will provide complete services for Phases 1, 2 and 3 on an as- needed basis as may
be required by the County. The execution of this Agreement shall not be a commitment to the Consultant
that any work will be awarded to the Consultant. Rather, this Agreement governs the rights and
obligation of the Quotation procedure outlined in the next paragraph and all Work undertaken by the
Consultant for the County pursuant to this Agreement and that procedure during the term and any
extension of the term of this Agreement.
2.1.1 Prior to the issuance of a Purchase Order, the County shall provide a summary of Work to be
performed which will afford the Consultant the opportunity to submit a formal Quotation for the Work; the
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Consultant shall respond with the information sought within ten (10) working days. The Quotation shall
be based upon either the rates specified in Attachment 1 to Schedule B or as a lump sum per task. The
County will negotiate favorable terms and conditions, and the County user Department will issue a
Purchase Requisition with the submitted Quotation as backup documentation for subsequent issuance of
a Purchase Order to the Consultant. The County Project Manager or his designee will then issue a
formal Notice To Proceed (NTP) to initiate the services.
In each Request for Quotation, the Owner reserves the right to specify the period of completion and the
collection of liquidated damages in the event of late completion.
2.1.3 The services required by this contract shall include but not be limited to the items /services
described in this Scope of Services. The County shall order services as required but makes no
guarantee as to the quantity, number, type or distribution of services that will be ordered or required by
this contract.
Phase 1: Wastewater Collection System Analysis
TASK 1.1 — Identify, analyze, prioritize and recommend the rehabilitation program for the basin region.
Tasks may include, but are not limited to:
1)
Determine /confirm the pump station (PS) service area (basin) for each pump station
2)
Determine existing and ultimate theoretical wastewater generation for each pump station (PS)
service area based on current land use and zoning. Estimate potential ultimate wastewater
flow generation for vacant land by assuming a practical potential zoning designation
consistent with historic rezoning trends.
3)
Collect the necessary information to confirm the build out flow conditions for each pump
station both public and private. Obtain the following documents:
a. FDEP permit files for each lift station to identify the original design flow
b. Existing and future land use maps
c. Existing zoning maps
d. Existing and proposed (if known) PUDs
e. GMD approved wastewater pump station plans
4).
Determine current wastewater flow generation for each pump station service area based on
recorded measured flow readings either entering or leaving a pump station for a three month
time period
5)
Evaluate historical pump station operation to validate whether it is operating efficiently
6)
Physically examine condition of all collection system components in a Pump Station service
area based on criteria provided by PUPPMD. Provide information in both Excel and GIS
format. Some portions of the study area may have been previously examined by either
Collier County Collections Department staff or other contractors. These areas will not need to
be reexamined.
7)
The inventory of conditions should include a physical survey of the collection system which is
being evaluated during the 1/1 investigations. The physical survey is conducted to isolate 1/1
problem areas, select flow gauging (continuous and instantaneous) sites, and provide a basis
for a preliminary assessment of the general physical (structural and operational) condition of
the collection system. At a minimum, the following tasks are to be performed during the
inventory of conditions:
a. Inspection of manholes
b. Identification of continuous and instantaneous flow gauging manholes
c. Determination of gauging area boundaries for continuous and instantaneous gauging
areas
d. Measure or determine groundwater levels
e. Gravity sewer /service lateral inspection — if warranted, retain the services of a
qualified lateral inspection company to assess the condition of gravity sewer /service
laterals
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f. Force Main Evaluation — Evaluate the condition of all force mains located within the
basin. Contract the services of a pipeline condition evaluation firm if warranted.
g. Identify problem areas
8) Perform a Sewer System Evaluation Survey as defined by USEPA.
9) Prepare exhibits for each pump station service area illustrating the pump station service area
and the associated existing and future land use and zoning. Install wastewater flow
measuring devices for a minimum period of three months in each pump station basin. Provide
organized flow monitoring report that presents recorded flow rates in tabular and graphic
formats. Analyze metered flow to determine Base Wastewater Flow (BWF), Groundwater
Infiltration (GWI) and Rainfall- Derived Infiltration /Inflow (RDII).
10) Perform an Infiltration /Inflow Analysis of the study area including smoke testing.
11) Prepare a signed and sealed Technical Memorandum for each pump station service area
identifying:
a. The original design capacity and flow
b. Existing pump station run time information
c. Projected build out capacity and flow requirements
12) Pump Station Evaluations
a. A local knowledgeable Florida - licensed professional land surveyor or mapper shall
survey each pump station site and confirm that it is located inside a legal easement
owned by or issued to the Collier County Water Sewer District. Retain the services of
a local title research company specializing in ownership and encumbrance property
reports to confirm easement ownership. Provide a detailed survey sketch of all above
ground features, including landscaping within a 50 -ft radius from the pump station site
including topography with both 1 -foot contours and intermediate spot elevations.
Locate and identify above - ground structures within 100 feet from the pump station.
Deliver sketches in hard copy, PDF and AutoCAD format.
b. Provide legal sketches and legal descriptions of required temporary and permanent
easements when requested.
c. Develop a pump station checklist to facilitate data collection during site visits. .l'1
d. Visit each pump station site and document the structural, electrical, civil and
mechanical conditions. Each site visit will include at a minimum, a civil
(water /wastewater) engineer, structural engineer and an electrical engineer
experienced with wastewater facilities. All engineers shall be registered professional
Engineers in the state of Florida. All work performed shall be signed and sealed by
Engineers performing the work.
e. Use field kits to estimate the hydrogen sulfide levels generated at each pump station.
f. Gather available information related to each pump station to assist with pump station
evaluation, including:
• Pump Station As -Built information
• Pump Station Operational Data including pump run times, system maps, original
design data for pump station sizing, system modifications which may have altered
the pump station flow since the original design was performed.
• Available permit information from applicable regulatory agencies including
construction permits, SDPs, certifications of completion, conveyance documents,
and compliance information. It will be the Consultant's responsibility to obtain this
information.
• Property ownership and recorded information regarding easements, as may be
applicable.
g. Utilize local (Collier County) knowledgeable registered land surveyors to stake out the
easements and /or property boundaries; collect and record the limits of the boundary
as well as the physical location of the existing pump station components such that the
adequacy of the existing area can be reviewed for future expansion. As part of this
task, call Sunshine State One -Call System to have the existing utilities located and to
determine pipe ownership (water, irrigation quality water, gas, electric, force mains,
etc) prior to performing any field survey efforts.
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h. Utilize the information from the field evaluations and the data collection stage to
perform an overall evaluation of each pump station. The field evaluations will include
evaluation of pump station components. This will include:
• An analysis of current and projected flows based on data collected
• Availability of fiber optic connections
• Available storage capacity in the pump stations collection system. This storage
capacity shall include storage within manholes and sewer mains up to the lowest
manhole overflow level
• Collection System Storage Time - Determine the available response time from a
pump station failure (high level alarm) to system overflow at current and ultimate
design flows
• Compliance with FEMA Flood Elevations
• Costs of potential improvements
• Electrical system components including site lighting, power feed (above - ground vs.
underground), feed size, emergency power supply and related site electrical
• Existing utilities which may be in conflict with future improvements
• Existing vegetation that would require trimming and /or removal
• Fencing /Bollards (conditions and sufficiency for future expansion)
• Flow meter and by -pass assembly (if applicable)
• Landscaping (code considerations) and irrigation
• Odor control condition, size, unit type (if applicable)
• Potential for bypass pumping
• Presence of blower system for grease reduction
• Pump condition and size adequacy (to meet future flows)
• Pump controls and communication including control panels, programmable logic
controllers (if present), variable frequency drives (if present), radio feed and tower
location
• Pump energy efficiency
• Site access
• Site layout of proposed improvements
• Site size sufficiency
• Water and irrigation quality water service availability
• Wet well condition and sizing (to meet future flows)
• Wet well ventilation
i. Pump Station Evaluation Report Preparation
1. Following completion of Pump Station Evaluation, prepare a draft "Fence to
Fence" Evaluation Report (Report) addressing each pump station within the basin.
The Report will include a summary of the findings for each evaluation component
listed above. Prepare exhibits for each pump station service area illustrating the
pump station service area and the associated existing and future land use and
current zoning.
2. A summary memorandum will be prepared for each pump station identifying:
a. The original design capacity (head and flow)
b. Existing pump station run time information
c. Projected build out capacity (head and flow requirements)
d. Recommended pump model number and pump curve
1. Four (4) hard and one electronic copy in PDF format copies of each
draft Report will be delivered to Collier County for review and comment.
Upon completion of the county's review of each report, meet with the
County to discuss the report and any comments that the county may
have.
2. Revise each report based on comments received from Collier County
and incorporate them into the final report for each pump station. Upon
completion, four (4) signed and sealed copies of each report will be
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provided to Collier County for their use in future planning for pump
station upgrades.
3.
3. The following deliverables are anticipated:
a. Provide copies of the draft 1/1 Analysis and Technical Memorandum for
each pump station basin.
b. Provide copies of the final 1/1 Analysis and Technical Memorandum for
each lift station incorporating comments received from Collier County.
Phase 2: Design
Engineer shall design the rehabilitation program, assist with bid process and recommend construction
contractor to execute the basin program within the region; and
• Prepare bid /quote documents for collection system renovations
• Monitor collection system renovation activities
• Design pump station
• Observe and provide oversight
The following tasks are included as part of the scope of work.
Task 2.1 Final Design and Permitting Phase
a. On the basis of the accepted preliminary fence to fence layout, Consultant will prepare final
drawings and specifications, which provide the general scope, extent and character of the
work to be furnished, and performed by the Contractor. Consultant will prepare and submit
drawings and specifications at the 60 -, 90- and 100 - percent complete stages for review and
approval. An engineer's opinion of probable construction cost will accompany each submittal.
Technical specifications will be based on the 16- Division format of the Construction
Specifications Institute (CSI) in MS Word format. In addition to technical specifications,
Engineer will coordinate with County to develop necessary General Conditions, Supplemental
Conditions, and Special Provisions Specifications will be developed specifically for the project
being constructed. Standard Collier County Specifications may be used for reference but the
Engineer shall not rely on them as a replacement for sound engineering judgment and
responsibility. Documents shall include drawings and project specifications ready for bidding,
consistent with Collier County standards, including the following:
1) Cover sheet, index and key map.
2) Civil Site Plan including fencing and landscaping.
3) Civil Details
4) Demolition Plan
5) Pump Station Plan and Profile
6) Mechanical Details
7) Electrical Site Plan
8) Electrical Details
9) Riser and Wiring Diagram
10) Control Panel Layout, Name Plate Layout
b. Prepare applications for an Insubstantial Change to a Site Improvement Plan when required
from Collier County Growth Management Division and respond to requests for additional
information. Prepare all other required permit applications. Permitting fees will be paid by the
County.
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c. Furnish copies of Contract Documents that include engineering drawings and specifications.
Present and review them in person with the County at the 60- percent and 90- percent
completion stages in the project and make appropriate changes for the pump station site.
d. Prepare a permit application for submittal to the Florida Department of Environmental
Protection (FDEP) and provide backup documentation including drawings and specifications
for each lift station site. Respond to a request for additional information (RAI) from the FDEP.
All permit fees will be paid by the County.
Task 2.2 Bidding and Award Phase
With the exception of the following, bid /quote services will be performed by the Collier County
Purchasing Department. Consultant will assist the County with the following:
a. Assist in preparing addenda, as required, to interpret, clarify, or expand the Bidding
Documents.
b. Consult with and advise the County as to the acceptability of the contractor and
subcontractors, suppliers and other persons and organizations proposed by the Prime
Contractor for those portions of the work as to which such acceptability is required by the
Bidding Documents.
c. Consult with the County concerning and determine the acceptability of substitute material
and equipment proposed by the Contractor when substitution prior to the award of
contracts is allowed by the Bidding Documents.
d. Conduct a pre- bid /quote conference
e. Attend the bid opening, review bids, qualifications,
f. Provide a recommendation of award.
Phase 3 — Post Design Services
Consultant's inspector shall observe regular construction and testing activities related to the Project as
directed by the Project Manager, including rehabilitation work. Construction /testing reports and pictures
of construction will be prepared daily on the day the construction activity takes place by the Construction
inspector. All construction documentation will be provided no later than the next morning via electronic
E -mail to the project manager. A hard copy will be kept in the project file.
Task 3.1 — Construction Observation and Documentation
The construction inspector (or activity observer) will provide the services outlined below. This section
also incorporates activity observations associated with Collection System Analyses performed in Phase 1
(i.e., smoke testing, flow monitoring, inspections, etc.).
3.1 — Construction/Testing Observation — The construction inspector will conduct on -site observations
and inspections of all construction /testing activities on the Project on a full or part time basis unless
directed otherwise by the project manager to ensure that all work is completed in accordance with the
Contract Documents. The Construction Inspector will inform the project manager and the on -site
superintendent of the construction /testing contractor of any concerns related to conformance of the work
with the Contract Documents (a concern or an Issue) as an attempt to resolve any concern or issue on-
site. If the concern or issue is not immediately resolved in the field, the Construction Inspector shall
inform the Engineer of Record (EOR) and the project manager in writing about the concern or issue
within eight (8) business hours, but not more than one business day after the discovery of any concern or
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issue. The FOR will be responsible for investigating the concern or issue and resolving the same
through a written directive to the construction contractor and so inform the project manager and the
Construction Inspector in writing. This protocol will be initiated any time the Construction Inspector
becomes aware of any construction that is unsatisfactory, faulty or defective, does not conform to the ^
Contract Documents, does not meet the requirements of any inspections, tests or approval required to be
made, or has been damaged before final payment. The Construction Inspector will maintain a separate
Issue Resolution Log documenting any issue or concern that is conveyed in writing to the EOR, including
the written directive resolving the issue or concern.
3.2 - Log and Construction Documentation — The construction inspector will prepare a daily log with
pictures recording activities and details related to the work on a form approved in advance by the project
manager. Information will be recorded in the log when at the Project Site. Log entries will record all
relevant aspects of the construction observed while on site including, but not limited to: construction
crew (labor) details, equipment used, materials used, compliance testing and inspection performed,
weather, temperature, site conditions, trench conditions, backfill material used, dewatering methods,
compaction methods, location of the work, and all other details related to the Work. The log will
reference the digital photographs and or video taken with appropriate file names and file locations. In
addition to the construction details, the daily log will contain information related to: time and hours on the
job site, weather conditions, data pertaining to questions of quantities of materials used, extras or
deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and
distributors, observations in general and specific observations in more detail as in observing test
procedures, conformance inspection of materials and fittings, name plate data for equipment and
material installed, and other information requested by the project manager. Logs, photograph files and
other construction documentation will be provided to the project manager by the Construction inspector
on a daily basis in an electronic file via E -mail, on a digital CD only if requested by the project manager
and a printed copy to be maintained on the project site in the inspector's trailer.
3.3 — Photographic and Video Record — The Construction inspector will provide a comprehensive digital
photographic record of all construction activities related to the Project. The digital file names will be n
referenced in the log along with a brief description of the photograph, the date and time of the
photograph and the name of the photographer. The digital files will be transferred via E -mail to the
project manager on a daily basis, to a digital CD if requested by the project manager, and submitted on a
daily basis along with the construction documentation. The photographs may be electronic sent via E-
mail to the project manager on a daily basis. If requested by the project manager, pictures will be printed
in high resolution color, two captioned photos per 8'h" x 11" sheet, printed one side only. The prints if
requested will be provided to the project manager when needed. If requested by the project manager,
Video will be provided in digital format on DVD bi- weekly.
3.4 - General Coordination — The Construction inspector will coordinate all activities related to the Project
between the construction contractor, the FOR and the project manager. The Construction inspector will
oversee substantial and final completion inspections, and prepare and maintain the punch list, including
follow -up inspections to ensure that punch list items are corrected and /or completed.
3.5 - Observe Regulatory Agency Inspections — The inspector will accompany visiting inspectors
representing any regulatory agencies having jurisdiction over the Project and will record all discussions
and the outcome of these regulatory inspections in the logs. The inspector will always notify the project
manager prior to any such inspections.
3.6 - Construction Progress Meetings — The inspector will coordinate bi- weekly progress meetings
chaired by the project manager, attended by the construction contractor to review project status and
identify issues that may affect the Project. The inspector will prepare a DRAFT Agenda at least two
business days in advance of the each meeting and issue written meeting notes identifying a summary of
the discussion, conclusions and any risks that have been encountered or are expected within two days 11—N
after the meeting to the project manager, EOR, and the construction contractor.
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3.7 - Substantial Completion Inspections — The Construction inspector will conduct substantial
completion inspections when requested by the construction contractor and the FOR recommends that
the work is sufficiently complete to warrant a substantial completion inspection. During the substantial
n completion inspection the Construction inspector will prepare a punch list of items requiring completion or
correction to the satisfaction of the FOR and the project manager. The Construction inspector will be
responsible for maintaining the punch -list and issuing updates to the punch -list on a weekly basis. The
Construction inspector will coordinate and participate in the final walk- through to ensure that the punch -
list items are completed to the satisfaction of the FOR and the project manager. All services related to
the Substantial Completion Inspection shall be provided in writing and pictures to the project manager for
the Project.
3.8 — Final Completion Inspection - Upon the request of the construction contractor and concurrence of
the FOR and the project manager, the Construction inspector will conduct final inspections of portions of
the project, as they are finished to determine if construction has been completed in accordance with the
Contract Documents and the construction contractor has fulfilled all obligations therein. Based on the
results of the final inspection, the EOR, project manager, and the Construction inspector will judge the
work complete or not complete. If the work is judged complete, the Construction inspector will issue a
"notice of final acceptance and recommendation for final payment ". If the work is judged not complete,
the Construction inspector will issue written instructions to the construction contractor identifying the work
judged not complete. Upon provision of the construction contractor evidence or assurance that the
deficiencies noted above have been corrected or completed, a second final inspection will be scheduled
to verify that the outstanding issues have been resolved and the Construction inspector can issue a
"notice of final acceptance and recommendation for final payment ". All services related to the Final
Completion Inspection shall be provided to the project manager of the Project.
3.9 — Final Construction Certification — Upon issuance of a "notice of final acceptance and
recommendation for final payment" the Construction inspector will provide a signed and sealed
certification by a professional engineer of the FOR in responsible charge of the work provided by the
Construction inspectors stating that the "Project has been completed by the construction contractor in
accordance with the Plans and Specifications of the Contract Documents as amended by the Engineer
OF RECORD ". All services related to the Final Construction Certification shall be provided to the project
manager of the Project.
TASK 3.2 — Construction Inspector and Project Oversight
3.2.1 - General Management and Oversight — The Construction inspector will provide support services
customarily related to the construction observation and inspection of similar projects including, but not
limited to:
a. Participate in a pre- construction meeting with the project manager, EOR, and the general
contractor.
b. Participate in other meetings as described or implied herein.
c. Review and verify correctness of the construction contractor's monthly applications for
payment and accompanying data and recommend approval of payments due to the
construction contractor. The Construction inspector's recommendation of any payment
requested in an application for payment shall constitute a representation by the Construction
inspector to the project manager as an experienced and qualified professional, that based on
Construction inspector's onsite observations and inspections of construction in progress, that
the construction quantities in the applications for payment accurately reflect the progress of
the work and that the work is constructed in accordance with the Contract Documents. The
Construction inspector will process pay requests in accordance with the Florida Prompt
Payment Act. All incoming pay requests processed by the Construction inspector shall be
mechanically stamped with the date received.
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d. The Construction inspector will review the monthly updates to the construction schedule
prepared by the construction contractor and provide written comments to the project manager
and EOR.
e. The Construction inspector will provide such field testing and verification that all materials, ^
equipment and supplies installed or utilized on the Project are in full accordance with the
Contract Documents and approved Shop Drawings provided by the EOR.
f. Within one week after the construction contractor notifies the FOR and the project manager
that the Work on the Project is substantially complete in accordance with the Contract
Documents, the Construction inspector will provide a signed and sealed certification by a
professional engineer registered in the State of Florida, that the Work was done under his
supervision and performed in accordance with the Contract Documents, including all
approved shop drawings and change orders except as noted.
3.2.2 — Coordination of Shop Drawings, Contract Interpretations and Clarifications — The Construction
inspector will coordinate with the design engineer (EOR) regarding the issuance of interpretations and
clarifications of Contract Documents during construction. The DESIGN Engineer (EOR) shall be
responsible for technical review and decisions regarding interpretation and clarification of Contract
Documents. The Construction inspector shall coordinate the DESIGN Engineer's (EOR) decisions and
responses with the construction contractor.
3.2.3 - Monitor Project Records — The Construction inspector shall monitor all required Project records,
including but not limited to delivery schedules, inventories and construction reports.
3.2.4 — As Constructed Field Drawings — The Construction inspector shall maintain red pencil "mark -up"
notations and sketches on full size construction plans that reflect the actual details of constructed
facilities. These Constructed Field Drawings will be used by the Construction inspector to validate the
"As Built" documentation provided by the construction contractor. The Construction inspector will notify
the project manager, FOR and the construction contractor of any differences in the documents n
maintained by the general contractor and the Construction inspector on a weekly basis for resolution by
the EOR.
3.2.5 — Start-up and Re- commissioning Support — The Construction inspector will assist the project
manager, the EOR, and the construction contractor during start-up of each segment designated for
Beneficial Use by the FOR and project manager, including but not limited to signing off on regulatory
permits and general coordination between the EOR, project manager, and construction contractor.
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SCHEDULE B
BASIS OF COMPENSATION
TIME AND MATERIAL OR LUMP SUM
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice, a progress report reflecting the Project status, in terms of the total work
effort estimated to be required for the completion of the Basic Services and any 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 Craig Pajer, Principal Project Manager at Collier County Public Utilities, 3339 Tamiami
Trail East, Suite 303, Naples, FL. 34112
2. COMPENSATION TO CONSULTANT
The estimated annual fee for professional services contained in this contract is $2,000,000.
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly
payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and
Reimbursable Expenses for Time and Materials Tasks, or on a Lump Sum per Task basis in
accordance with related Quotation for the actual services provided.
B.2.1.1 Due to the many variables within each Phase, the estimated annual amounts in the
table below are subject to change. Reallocation of estimated annual dollar amounts between
Phases may be done through a Change by Letter, provided that such reallocation does not
exceed the Total Estimated Annual Fee of $2,000,000.00 (two million dollars). Each Purchase
Order issued under this Agreement shall clearly identify which Phase(s) the requested services
will fall under.
ITEM
PHASE
ESTIMATED
ANNUAL
AMOUNT:
1.
Phase I - Wastewater Collection System
$1,000,000.00
Analysis
2.
Phase II - Design
$ 500,000.00
3.
Phase III — Post Design Services
$ 500,000.00
TOTAL Estimated Annual Fee (Total Items
$2,000,000.00
1 -3)
B.2.2 Time and Materials: Direct Labor Costs mean the actual salaries and wages (basic,
premium and incentive) paid to CONSULTANT'S personnel, with respect to this Project,
including all indirect payroll related costs and fringe benefits, all in accordance with and not
in excess of the rates set forth in the Attachment I to this Schedule B.
B.2.2.1 With each monthly Application for Payment, CONSULTANT shall submit detailed time
records, and any other documentation reasonably required by OWNER, regarding
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CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and
approved by OWNER.
B.2.3 Lump Sum: Payments will be made monthly upon percent complete of Task; however, ^
the payment of any particular Task shall not be due until all services associated with any
such Task have been completed to OWNER'S reasonable satisfaction. Consultant's
invoices shall show all Service items, the Phase under which the services were
performed, and the percentage complete of each Task.
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 110 �
OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one invoice
per month for all fees and Reimbursable Expenses earned that month for both Basic
Services and Additional Services. Invoices shall be reasonably substantiated, identify the
services rendered and must be submitted in triplicate in a form and manner required by
Owner. Additionally, the number of the purchase order granting approval for such
services shall appear on all invoices.
6.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non - payment under the legal doctrine of "laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and the Project name and shall not be submitted more than one time monthly.
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B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S
annual billings, on a cumulative basis, exceed the Total Estimated Annual Fee of
$2,000,000.00 (two million dollars) as set forth in the table in Section 2.1 without prior
Board approval.
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:
5. 8.3.5.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and
Specifications.
6. 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.
END OF SCHEDULE B.
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ATTACHMENT 1
to Schedule B
Contract No: #11 -5782 "Wastewater Basin Analyses"
PERSONNEL CATEGORIES & HOURLY RATES
Personnel Category
Standard Hourly Rate
Principal
$195.
Senior Project Manager
$165
Project Manager
$148
Senior Engineer
$155
Engineer
$119
Senior Inspector
$85
Inspector
$65
Senior Planner
$140
Planner
$110
Senior Designer
$115
Designer
$100
Environmental Specialist
$115
Senior GIS Specialist
$145
GIS Specialist
$100
Clerical
$60
Surveyor and Mapper
$130
CADD Technician
$85
Survey Crew - 2 man
$130
Survey Crew - 3 man
$160
Survey Crew - 4 man
$180
This list is not intended to be all- inclusive. Hourly rate fees for other categories of professional,
support and other services shall be mutually negotiated by the County and firm on a task by task ,^
basis as needed per each Request for Quotation.
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SCHEDULE C
PROJECT SCHEDULE
The number of days for completion of any of the requested services will be based on the
Quotation documentation related to the issuance of a Purchase Order and will match the
number of days identified in the Notice to Proceed (NTP) unless otherwise extended by the
County.
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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
the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
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shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
n 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
CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
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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)
$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 $1,000,000
Products /Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage $ 50,000
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(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. 'This endorsement modifies insurance �
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects
away from premises owned by or rented to you." Applicable deductibles or self- insured
retentions shall, be the sole responsibility of CONSULTANT. Deductibles or self- insured
retentions carried by the CONSULTANT shall be subject to the approval of the Risk
Management Director or his /her designee.
(3) The OWNER, Collier County Government, shall be named as an Additional Insured
and the policy shall be endorsed that such coverage shall be primary to any similar coverage
carried by the OWNER.
(4) Coverage shall be included for explosion, collapse or underground property damage
claims.
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Applicable X Not Applicable
(7) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Applicable _X Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? X Yes No
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(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less
than:
Bodily Injury & Property Damage - $ 500,000
X Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? _X Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under
this insurance. Such insurance shall have limits of.not less than:
$ 500,000 each claim and in the aggregate
$1,000,000 each claim and in the aggregate
X $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 A*_N'
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
(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
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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, AECOM Technical Services, 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 Wastewater Basin Analyses are
accurate, complete and current as of the time of contracting.
AECOM Technical Services, Inc.
9W
TITLE:
DATE:
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SCHEDULEF
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
F�-1
The percentage of time for each personnel category will be based on the requirements for each
requested service, and will be identified in the Consultant's response to the individual Request
for Quotation.
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Contract #11 -5782
Wastewater Basin Analyses
PROFESSIONAL SERVICES AGREEMENT
For
BASIN #1
Master Pump Station (MPS) Basin 101 - Naples Park(Gulfshore Drive and Naples Park); (Area
located North of Vanderbilt Beach Road, West of US 41 and South of 111th Street)
THIS AGREEMENT is made and entered into this day of
2012, 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
CDM Smith, Inc., authorized to do business in the State of Florida, whose business address is
2180 West 1St Street, Suite 400, Ft. Myers, FL. 33901 (hereinafter referred to as the
"CONSULTANT ").
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Engineering Consulting
Services of the CONSULTANT concerning Wastewater Basin Analyses (hereinafter referred
to as the "Project "), said services being more fully described in Schedule A, "Scope of
Services ", which is attached hereto and incorporated herein;
and
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
WHEREAS, the CONSULTANT represents that it has expertise in the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
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ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Engineering Consulting Services
in all phases of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation ", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County,
Florida, including, but not limited to, all licenses required by the respective state boards and
other governmental agencies responsible for regulating and licensing the professional services
to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and /or retain only
qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates W. Kirk Martin a qualified licensed professional to serve as the
CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator "). The
Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with
respect to directing, coordinating and administering all aspects of the services to be provided
and performed under this Agreement. Further, the Project Coordinator has full authority to bind
and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The
CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to
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satisfactorily manage the services to be provided and performed by the CONSULTANT
hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project
without OWNER'S prior written approval, and if so removed must be immediately replaced with
a person acceptable to OWNER.
1.6. 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 the Local Government Prompt Payment Act (218.735 and
218.76 F.S.) as amended in the 2010 legislative session, ordinances, codes, rules, regulations
and requirements of any governmental agencies, including 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.
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1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amounts
for the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and /or deficient documents, failure to comply with local, state and /or
federal requirements and /or codes and ordinances applicable to Consultant's performance of
the work as related to the project. This list is not deemed to be all- inclusive, and the County
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these
funds would be forfeited by the Consultant. The County may also deduct or charge the
Consultant for services and /or items necessary to correct the deficiencies directly related to the
Consultant's non - performance whether or not the County obtained substitute performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non - public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt
written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD Digital Exchange File (DXF) format on a CD or DVD, drawn
in the Florida State Plane East (US Feet) Coordinate System (NAD 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 Policy and Administrative 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 r�
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;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
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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
�O Schedule C. attached hereto and made a part hereof. Time is of the essence with respect to the
performance of this Agreement. The term of this contract shall be for sixty (60) days following
the final acceptance of the construction project associated with this agreement and no longer
than six (6) years, unless with prior approval by the Board of County Commissioners.
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 CONSULTANT'S performance is or
will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be
deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or
any other damages hereunder.
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ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation ", which is attached hereto and made a part hereof.
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, AutoCAD files, specifications, maps, evaluations, reports and other
technical data, other than working papers, prepared or developed by or for CONSULTANT
under this Agreement ( "Project Documents "). OWNER shall specify whether the originals or
copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall
be solely responsible for all costs associated with delivering to OWNER the Project Documents.
CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and
internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER
to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use on this Project.
CONSULTANT warrants to OWNER that it has full right and authority to grant this license to
OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to
complete the Project following CONSULTANT'S termination for any reason or to perform
additions to or remodeling, replacement or renovations of the Project. CONSULTANT also
acknowledges OWNER may be making Project Documents available for review and information
to various third parties and hereby consents to such use by OWNER.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
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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 8.1.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to
this Agreement.
9.2 All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3 All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy,
Professional Liability policy, and the Workers Compensation policy,
provided by CONSULTANT to meet the requirements of this Agreement
shall name Collier County Government, Collier County, Florida, as an
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additional insured as to the operations of CONSULTANT under this
Agreement and shall contain a severability of interests provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse
against OWNER for payment of premiums or assessments for any
deductibles which all are at the sole responsibility and risk of
CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any
insurance or self- insurance program carried by OWNER 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.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida,
and shall be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and
received by OWNER, except such rights as they may have to the proceeds of such
insurance held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the
Department of Insurance of the State of Florida to transact the appropriate
insurance business in the State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial
rating of "Class VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
or use of the services of any other person or firm by CONSULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything in this Agreement be deemed to give any
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such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not
be removed or replaced without OWNER'S prior written consent.
10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the
subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this
Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities
which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each
subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER
under this Agreement with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to
enter into similar agreements with its sub - subconsultants or sub - subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
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provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment
by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
.-� set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or
directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this
Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
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shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT' remedies against OWNER shall be the same as and be limited to those /0-`1
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty -five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
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by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
.-1.1 Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs
supporting the compensation for CONSULTANT'S services to be provided under this
Agreement are accurate, complete and current at the time of the Agreement. The
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CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement price ,--.
was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT
to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
OWNER'S address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department
3327 Tamiami Trail East
Naples, FL. 34112
Attention: Director of Purchasing / General Services
Phone: 239 - 252 -8407
Fax: 239 - 732 -0844
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
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States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT'S address of record:
CDM Smith, Inc.
2180 West 1St Street, Suite 400
Ft. Myers, FL. 33901
Attn: Paul Pinault
Telephone: 239- 938 -9600
Fax: 239 - 339 -6418
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and
assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
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17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any
and all prior agreements or understandings, written or oral, relating to the matter set forth
herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
17.8 This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9 The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSULTANTS AND
SUBCONTRACTORS
RFP # 11 -5782 TERMS AND CONDITIONS
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
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brought in the appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT /PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement. At the time this Agreement is
executed, CONSULTANT shall sign and deliver to OWNER the Truth -In- Negotiation Certificate
identified in Article 13 and attached hereto and made a part hereof as Schedule E.
CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"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."
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ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision - making authority and by OWNER'S staff person who would make the
presentation of any settlement reached during negotiations to OWNER for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision - making authority and
by OWNER'S staff person who would make the presentation of any settlement reached at
mediation to OWNER'S board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
sea. 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 Engineering Consulting Services concerning Wastewater Basin Analyses
the day and year first written above.
ATTEST:
Dwight E. Brock, Clerk
By:
Date:
Approved as to form and
legal sufficiency:
^ Scott Teach
Deputy County Attorney
Witness
Witness
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
By:
Fred W. Coyle, Chairman
CDM Smith, Inc.
By:
Typed Name and Title
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SCHEDULE A
SCOPE OF SERVICES
SCOPE OF SERVICES
1. DESCRIPTION OF PROJECT:
1.1. The basin region is described below:
Basin #1
Master Pump Station (MPS) Basin 101 - Naples Park(Gulfshore Drive and Naples Park); (Area located
North of Vanderbilt Beach Road, West of US 41 and South of 111th Street)
1.2. The County is interested in contracting with the most qualified firm(s) to develop and implement a
Wastewater Basin Study Program for three initial distinct geographical regions. Each Wastewater Basin
Study shall include three general phases of work (as described below). It is expected and required that
the selected firms will work cooperatively with the other firms to provide best value services to the Public
Utilities Division and will share "lessons learned" for the benefit of the County's rate payers.
Throughout the duration of the program, the Consultant will provide project management assistance
consisting of the following:
• Attend biweekly (every two weeks) progress meeting with PUD staff
• Graphics /exhibit preparation
• Progress meeting assistance
• Project management assistance
• Project management plan preparation
• SCADA design
• Subsurface investigations of underground utilities
• Wastewater System Field Measurements
1.3 Evaluation of Alternatives: Throughout the Scope of Work herein, a number of tasks are identified
that include the evaluation of several process and /or facility alternatives. If and when several alternatives
need to be considered, evaluation of the specific alternatives will be based on a selection criteria
weighting /ranking process utilized by the Consultant specific to the particular task component.
The anticipated selection criteria for the various alternative evaluations will be from the following list, as
determined applicable by the Consultant and County for the given process and /or facility component:
• Automation
• Capital Cost
• Chemical Cost
• Constructability
• Electrical (Power) Cost
• Fatal Flaw Analysis
• Good Neighbor Policy
• Maintenance
• Odor, Light, Noise Potential
• Operational Flexibility
• Operator Attention
• Performance and Reliability
• Process Monitoring
• Public Acceptance
• Redundancy /Reliability
• Safety
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• Security
• Site Aesthetics
• Space Utilization
• Wet Weather Tolerance
The basis for recommendation of a selected alternative for a given process and /or facility component will
be a 3 -step weighting /ranking approach developed by the Consultant, (except as otherwise directed by
the County), as described in the following:
Step 1 Each criteria item will be given a "Weight' factor between 1 and 3 relative to the specific
process and /or facility component being evaluated, where I" is considered least important
and "Y is considered most important.
Step 2 Each criteria item will then be given a "Rank" factor between 1 and 5 relative to the specific
process and /or facility component being evaluated, where "5" is considered best (i.e.,
cheapest, easiest, etc.) and "1" is considered worst.
Step 3 An overall process evaluation matrix will be developed, where the individual criteria "Weight'
and "Rank" will be multiplied together, and total points determined for each process and /or
facility component being evaluated. Alternative recommendation will be based upon the
highest total points accordingly. Final alternative selection will be reviewed and approved
with County staff.
1.4 Attendance at Project Progress Meetings: Bi- weekly meetings with County representatives will be
conducted, as requested by the Program Manager, throughout the program to keep the County informed
of the project progress, to make certain that the Consultant is productively conducting its consulting
services and to obtain input and direction as required for outstanding project issues. A firm day and time
will be established for all bi- weekly meetings. Meeting objectives will be to provide progress updates,
reach decisions on pertinent issues relative to the specific topics being addressed. Progress meetings
may be held with other selected Engineers in order to effectively collaborate the work effort associated
with this program.
The Consultant will prepare and distribute agendas and minutes for each meeting incorporating agenda
items and meeting minute corrections provided by the County. Agendas will be submitted to the County
at least two days prior to the meeting. Draft minutes will be submitted to the County no more than three
(3) working days following each meeting; County will provide comments no more than three working days
after receipt of draft minutes.
2. Wastewater Basin Analyses and Related Services
2.1- Each basin region may include but is not limited to, the following three (3) phases of work:
• Phase 1: Wastewater Collection System Analysis
• Phase 2: Design rehabilitation program
• Phase 3: Post Design Services
2.1.1 The Consultant will provide complete services for Phases 1, 2 and 3 on an as- needed basis as may
be required by the County. The execution of this Agreement shall not be a commitment to the Consultant
that any work will be awarded to the Consultant. Rather, this Agreement governs the rights and
obligation of the Quotation procedure outlined in the next paragraph and all Work undertaken by the
Consultant for the County pursuant to this Agreement and that procedure during the term and any
extension of the term of this Agreement.
2.1.1 Prior to the issuance of a Purchase Order, the County shall provide a summary of Work to be
performed which will afford the Consultant the opportunity to submit a formal Quotation for the Work; the
Consultant shall respond with the information sought within ten (10) working days. The Quotation shall
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be based upon either the rates specified in Attachment 1 to Schedule B or as a lump sum per task. The
County will negotiate favorable terms and conditions, and the County user Department will issue a
Purchase Requisition with the submitted Quotation as backup documentation for subsequent issuance of
a Purchase Order to the Consultant. The County Project Manager or his designee will then issue a ^
formal Notice To Proceed (NTP) to initiate the services.
In each Request for Quotation, the Owner reserves the right to specify the period of completion and the
collection of liquidated damages in the event of late completion.
2.1.3 The services required by this contract shall include but not be limited to the items /services
described in this Scope of Services. The County shall order services as required but makes no
guarantee as to the quantity, number, type or distribution of services that will be ordered or required by
this contract.
Phase 1: Wastewater Collection System Analysis
TASK 1.1 — Identify, analyze, prioritize and recommend the rehabilitation program for the basin region.
Tasks may include, but are not limited to:
1) Determine /confirm the pump station (PS) service area (basin) for each pump station
2) Determine existing and ultimate theoretical wastewater generation for each pump station (PS)
service area based on current land use and zoning. Estimate potential ultimate wastewater
flow generation for vacant land by assuming a practical potential zoning designation
consistent with historic rezoning trends.
3) Collect the necessary information to confirm the build out flow conditions for each pump
station both public and private. Obtain the following documents:
a. FDEP permit files for each lift station to identify the original design flow
b. Existing and future land use maps
c. Existing zoning maps n
d. Existing and proposed (if known) PUDs
e. GMD approved wastewater pump station plans
4) Determine current wastewater flow generation for each pump station service area based on
recorded measured flow readings either entering or leaving a pump station for a three month
time period
5) Evaluate historical pump station operation to validate whether it is operating efficiently
6) Physically examine condition of all collection system components in a Pump Station service
area based on criteria provided by PUPPMD. Provide information in both Excel and GIS
format. Some portions of the study area may have been previously examined by either
Collier County Collections Department staff or other contractors. These areas will not need to
be reexamined.
7) The inventory of conditions should include a physical survey of the collection system which is
being evaluated during the 1/1 investigations. The physical survey is conducted to isolate 1/1
problem areas, select flow gauging (continuous and instantaneous) sites, and provide a basis
for a preliminary assessment of the general physical (structural and operational) condition of
the collection system. At a minimum, the following tasks are to be performed during the
inventory of conditions:
a. Inspection of manholes
b. Identification of continuous and instantaneous flow gauging manholes
c. Determination of gauging area boundaries for continuous and instantaneous gauging
areas
d. Measure or determine groundwater levels
e. Gravity sewer /service lateral inspection — if warranted, retain the services of a
qualified lateral inspection company to assess the condition of gravity sewer /service
laterals
f. Force Main Evaluation — Evaluate the condition of all force mains located within the
basin. Contract the services of a pipeline condition evaluation firm if warranted.
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g. Identify problem areas
8) Perform a Sewer System Evaluation Survey as defined by USEPA.
9) Prepare exhibits for each pump station service area illustrating the pump station service area
100111% and the associated existing and future land use and zoning. Install wastewater flow
measuring devices for a minimum period of three months in each pump station basin. Provide
organized flow monitoring report that presents recorded flow rates in tabular and graphic
formats. Analyze metered flow to determine Base Wastewater Flow (BWF), Groundwater
Infiltration (GWI) and Rainfall- Derived Infiltration /Inflow (RDII).
10) Perform an Infiltration /Inflow Analysis of the study area including smoke testing.
11) Prepare a signed and sealed Technical Memorandum for each pump station service area
identifying:
a. The original design capacity and flow
b. Existing pump station run time information
c. Projected build out capacity and flow requirements
12) Pump Station Evaluations
a. A local knowledgeable Florida - licensed professional land surveyor or mapper shall
survey each pump station site and confirm that it is located inside a legal easement
owned by or issued to the Collier County Water Sewer District. Retain the services of
a local title research company specializing in ownership and encumbrance property
reports to confirm easement ownership. Provide a detailed survey sketch of all above
ground features, including landscaping within a 50 -ft radius from the pump station site
including topography with both 1 -foot contours and intermediate spot elevations.
Locate and identify above - ground structures within 100 feet from the pump station.
Deliver sketches in hard copy, PDF and AutoCAD format.
b. Provide legal sketches and legal descriptions of required temporary and permanent
easements when requested.
c. Develop a pump station checklist to facilitate data collection during site visits.
d. Visit each pump station site and document the structural, electrical, civil and
mechanical conditions. Each site visit will include at a minimum, a civil
(water /wastewater) engineer, structural engineer and an electrical engineer
experienced with wastewater facilities. All engineers shall be registered professional
Engineers in the state of Florida. All work performed shall be signed and sealed by
Engineers performing the work.
e. Use field kits to estimate the hydrogen sulfide levels generated at each pump station.
f. Gather available information related to each pump station to assist with pump station
evaluation, including:
• Pump Station As -Built information
• Pump Station Operational Data including pump run times, system maps, original
design data for pump station sizing, system modifications which may have altered
the pump station flow since the original design was performed.
• Available permit information from applicable regulatory agencies including
construction permits, SDPs, certifications of completion, conveyance documents,
and compliance information. It will be the Consultant's responsibility to obtain this
information.
• Property ownership and recorded information regarding easements, as may be
applicable.
g. Utilize local (Collier County) knowledgeable registered land surveyors to stake out the
easements and /or property boundaries; collect and record the limits of the boundary
as well as the physical location of the existing pump station components such that the
adequacy of the existing area can be reviewed for future expansion. As part of this
task, call Sunshine State One -Call System to have the existing utilities located and to
determine pipe ownership (water, irrigation quality water, gas, electric, force mains,
etc) prior to performing any field survey efforts.
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h. Utilize the information from the field evaluations and the data collection stage to
perform an overall evaluation of each pump station. The field evaluations will include
evaluation of pump station components. This will include:
• An analysis of current and projected flows based on data collected
• Availability of fiber optic connections
• Available storage capacity in the pump stations collection system. This storage
capacity shall include storage within manholes and sewer mains up to the lowest
manhole overflow level
• Collection System Storage Time - Determine the available response time from a
pump station failure (high level alarm) to system overflow at current and ultimate
design flows
• Compliance with FEMA Flood Elevations
• Costs of potential improvements
• Electrical system components including site lighting, power feed (above - ground vs.
underground), feed size, emergency power supply and related site electrical
• Existing utilities which may be in conflict with future improvements
• Existing vegetation that would require trimming and /or removal
• Fencing /Bollards (conditions and sufficiency for future expansion)
• Flow meter and by -pass assembly (if applicable)
• Landscaping (code considerations) and irrigation
• Odor control condition, size, unit type (if applicable)
• Potential for bypass pumping
• Presence of blower system for grease reduction
• Pump condition and size adequacy (to meet future flows)
• Pump controls and communication including control panels, programmable logic
controllers (if present), variable frequency drives (if present), radio feed and tower
location
• Pump energy efficiency
• Site access
• Site layout of proposed improvements
• Site size sufficiency
• Water and irrigation quality water service availability
• Wet well condition and sizing (to meet future flows)
• Wet well ventilation
Pump Station Evaluation Report Preparation
1. Following completion of Pump Station Evaluation, prepare a draft "Fence to
Fence" Evaluation Report (Report) addressing each pump station within the basin.
The Report will include a summary of the findings for each evaluation component
listed above. Prepare exhibits for each pump station service area illustrating the
pump station service area and the associated existing and future land use and
current zoning.
2. A summary memorandum will be prepared for each pump station identifying:
a. The original design capacity (head and flow)
b. Existing pump station run time information
c. Projected build out capacity (head and flow requirements)
d. Recommended pump model number and pump curve
1. Four (4) hard and one electronic copy in PDF format copies of each
draft Report will be delivered to Collier County for review and comment.
Upon completion of the county's review of each report, meet with the
County to discuss the report and any comments that the county may
have.
2. Revise each report based on comments received from Collier County �^
and incorporate them into the final report for each pump station. Upon
completion, four (4) signed and sealed copies of each report will be
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provided to Collier County for their use in future planning for pump
station upgrades.
3. The following deliverables are anticipated:
a. Provide copies of the draft 1/1 Analysis and Technical Memorandum for
each pump station basin.
b. Provide copies of the final 1/1 Analysis and Technical Memorandum for
each lift station incorporating comments received from Collier County.
Phase 2: Design
Engineer shall design the rehabilitation program, assist with bid process and recommend construction
contractor to execute the basin program within the region; and
• Prepare bid /quote documents for collection system renovations
• Monitor collection system renovation activities
• Design pump station
• Observe and provide oversight
The following tasks are included as part of the scope of work.
Task 2.1 Final Design and Permitting Phase
a. On the basis of the accepted preliminary fence to fence layout, Consultant will prepare final
drawings and specifications, which provide the general scope, extent and character of the
work to be furnished, and performed by the Contractor. Consultant will prepare and submit
drawings and specifications at the 60 -, 90- and 100 - percent complete stages for review and
approval. An engineer's opinion of probable construction cost will accompany each submittal.
Technical specifications will be based on the 16- Division format of the Construction
Specifications Institute (CSI) in MS Word format. In addition to technical specifications,
Engineer will coordinate with County to develop necessary General Conditions, Supplemental
Conditions, and Special Provisions Specifications will be developed specifically for the project
being constructed. Standard Collier County Specifications may be used for reference but the
Engineer shall not rely on them as a replacement for sound engineering judgment and
responsibility. Documents shall include drawings and project specifications ready for bidding,
consistent with Collier County standards, including the following:
1) Cover sheet, index and key map.
2) Civil Site Plan including fencing and landscaping.
3) Civil Details
4) Demolition Plan
5) Pump Station Plan and Profile
6) Mechanical Details
7) Electrical Site Plan
8) Electrical Details
9) Riser and Wiring Diagram
10) Control Panel Layout, Name Plate Layout
b. Prepare applications for an Insubstantial Change to a Site Improvement Plan when required
from Collier County Growth Management Division and respond to requests for additional
information. Prepare all other required permit applications. Permitting fees will be paid by the
County.
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c. Furnish copies of Contract Documents that include engineering drawings and specifications.
Present and review them in person with the County at the 60- percent and 90- percent
completion stages in the project and make appropriate changes for the pump station site.
d. Prepare a permit application for submittal to the Florida Department of Environmental
Protection (FDEP) and provide backup documentation including drawings and specifications
for each lift station site. Respond to a request for additional information (RAI) from the FDEP.
All permit fees will be paid by the County.
Task 2.2 Bidding and Award Phase
With the exception of the following, bid /quote services will be performed by the Collier County
Purchasing Department. Consultant will assist the County with the following:
a. Assist in preparing addenda, as required, to interpret, clarify, or expand the Bidding
Documents.
b. Consult with and advise the County as to the acceptability of the contractor and
subcontractors, suppliers and other persons and organizations proposed by the Prime
Contractor for those portions of the work as to which such acceptability is required by the
Bidding Documents.
c. Consult with the County concerning and determine the acceptability of substitute material
and equipment proposed by the Contractor when substitution prior to the award of
contracts is allowed by the Bidding Documents.
d. Conduct a pre- bid /quote conference
e. Attend the bid opening, review bids, qualifications, n
f. Provide a recommendation of award.
Phase 3 — Post Design Services
Consultant's inspector shall observe regular construction and testing activities related to the Project as
directed by the Project Manager, including rehabilitation work. Construction /testing reports and pictures
of construction will be prepared daily on the day the construction activity takes place by the Construction
inspector. All construction documentation will be provided no later than the next morning via electronic
E -mail to the project manager. A hard copy will be kept in the project file.
Task 3.1 — Construction Observation and Documentation
The construction inspector (or activity observer) will provide the services outlined below. This section
also incorporates activity observations associated with Collection System Analyses performed in Phase 1
(i.e., smoke testing, flow monitoring, inspections, etc.).
3.1 — Construction/Testing Observation — The construction inspector will conduct on -site observations
and inspections of all construction /testing activities on the Project on a full or part time basis unless
directed otherwise by the project manager to ensure that all work is completed in accordance with the
Contract Documents. The Construction Inspector will inform the project manager and the on -site
superintendent of the construction /testing contractor of any concerns related to conformance of the work
with the Contract Documents (a concern or an Issue) as an attempt to resolve any concern or issue on-
site. If the concern or issue is not immediately resolved in the field, the Construction Inspector shall
inform the Engineer of Record (EOR) and the project manager in writing about the concern or issue
within eight (8) business hours, but not more than one business day after the discovery of any concern or
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issue. The FOR will be responsible for investigating the concern or issue and resolving the same
through a written directive to the construction contractor and so inform the project manager and the
Construction Inspector in writing. This protocol will be initiated any time the Construction Inspector
n becomes aware of any construction that is unsatisfactory, faulty or defective, does not conform to the
Contract Documents, does not meet the requirements of any inspections, tests or approval required to be
made, or has been damaged before final payment. The Construction Inspector will maintain a separate
Issue Resolution Log documenting any issue or concern that is conveyed in writing to the EOR, including
the written directive resolving the issue or concern.
3.2 - Log and Construction Documentation — The construction inspector will prepare a daily log with
pictures recording activities and details related to the work on a form approved in advance by the project
manager. Information will be recorded in the log when at the Project Site. Log entries will record all
relevant aspects of the construction observed while on site including, but not limited to: construction
crew (labor) details, equipment used, materials used, compliance testing and inspection performed,
weather, temperature, site conditions, trench conditions, backfill material used, dewatering methods,
compaction methods, location of the work, and all other details related to the Work. The log will
reference the digital photographs and or video taken with appropriate file names and file locations. In
addition to the construction details, the daily log will contain information related to: time and hours on the
job site, weather conditions, data pertaining to questions of quantities of materials used, extras or
deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and
distributors, observations in general and specific observations in more detail as in observing test
procedures, conformance inspection of materials and fittings, name plate data for equipment and
material installed, and other information requested by the project manager. Logs, photograph files and
other construction documentation will be provided to the project manager by the Construction inspector
on a daily basis in an electronic file via E -mail, on a digital CD only if requested by the project manager
and a printed copy to be maintained on the project site in the inspector's trailer.
3.3 — Photographic and Video Record — The Construction inspector will provide a comprehensive digital
photographic record of all construction activities related to the Project. The digital file names will be
referenced in the log along with a brief description of the photograph, the date and time of the
photograph and the name of the photographer. The digital files will be transferred via E -mail to the
project manager on a daily basis, to a digital CD if requested by the project manager, and submitted on a
daily basis along with the construction documentation. The photographs may be electronic sent via E-
mail to the project manager on a daily basis. If requested by the project manager, pictures will be printed
in high resolution color, two captioned photos per 8'h" x 11" sheet, printed one side only. The prints if
requested will be provided to the project manager when needed. If requested by the project manager,
Video will be provided in digital format on DVD bi- weekly.
3.4 - General Coordination — The Construction inspector will coordinate all activities related to the Project
between the construction contractor, the FOR and the project manager. The Construction inspector will
oversee substantial and final completion inspections, and prepare and maintain the punch list, including
follow -up inspections to ensure that punch list items are corrected and /or completed.
3.5 - Observe Regulatory Agency Inspections — The inspector will accompany visiting inspectors
representing any regulatory agencies having jurisdiction over the Project and will record all discussions
and the outcome of these regulatory inspections in the logs. The inspector will always notify the project
manager prior to any such inspections.
3.6 - Construction Progress Meetings — The inspector will coordinate bi- weekly progress meetings
chaired by the project manager, attended by the construction contractor to review project status and
identify issues that may affect the Project. The inspector will prepare a DRAFT Agenda at least two
business days in advance of the each meeting and issue written meeting notes identifying a summary of
the discussion, conclusions and any risks that have been encountered or are expected within two days
after the meeting to the project manager, EOR, and the construction contractor.
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3.7 - Substantial Completion Inspections — The Construction inspector will conduct substantial
completion inspections when requested by the construction contractor and the FOR recommends that
the work is sufficiently complete to warrant a substantial completion inspection. During the substantial
completion inspection the Construction inspector will prepare a punch list of items requiring completion or
correction to the satisfaction of the FOR and the project manager. The Construction inspector will be
responsible for maintaining the punch -list and issuing updates to the punch -list on a weekly basis. The
Construction inspector will coordinate and participate in the final walk- through to ensure that the punch -
list items are completed to the satisfaction of the FOR and the project manager. All services related to
the Substantial Completion Inspection shall be provided in writing and pictures to the project manager for
the Project.
3.8 — Final Completion Inspection - Upon the request of the construction contractor and concurrence of
the FOR and the project manager, the Construction inspector will conduct final inspections of portions of
the project, as they are finished to determine if construction has been completed in accordance with the
Contract Documents and the construction contractor has fulfilled all obligations therein. Based on the
results of the final inspection, the EOR, project manager, and the Construction inspector will judge the
work complete or not complete. If the work is judged complete, the Construction inspector will issue a
"notice of final acceptance and recommendation for final payment ". If the work is judged not complete,
the Construction inspector will issue written instructions to the construction contractor identifying the work
judged not complete. Upon provision of the construction contractor evidence or assurance that the
deficiencies noted above have been corrected or completed, a second final inspection will be scheduled
to verify that the outstanding issues have been resolved and the Construction inspector can issue a
"notice of final acceptance and recommendation for final payment ". All services related to the Final
Completion Inspection shall be provided to the project manager of the Project.
3.9 — Final Construction Certification — Upon issuance of a "notice of final acceptance and
recommendation for final payment" the Construction inspector will provide a signed and sealed
certification by a professional engineer of the FOR in responsible charge of the work provided by the
Construction inspectors stating that the "Project has been completed by the construction contractor in
accordance with the Plans and Specifications of the Contract Documents as amended by the Engineer
OF RECORD ". All services related to the Final Construction Certification shall be provided to the project
manager of the Project.
TASK 3.2 — Construction Inspector and Project Oversight
3.2.1 - General Management and Oversight — The Construction inspector will provide support services
customarily related to the construction observation and inspection of similar projects including, but not
limited to:
a. Participate in a pre- construction meeting with the project manager, EOR, and the general
contractor.
b. Participate in other meetings as described or implied herein.
c. Review and verify correctness of the construction contractor's monthly applications for
payment and accompanying data and recommend approval of payments due to the
construction contractor. The Construction inspector's recommendation of any payment
requested in an application for payment shall constitute a representation by the Construction
inspector to the project manager as an experienced and qualified professional, that based on
Construction inspector's onsite observations and inspections of construction in progress, that
the construction quantities in the applications for payment accurately reflect the progress of
the work and that the work is constructed in accordance with the Contract Documents. The
Construction inspector will process pay requests in accordance with the Florida Prompt
Payment Act. All incoming pay requests processed by the Construction inspector shall be
mechanically stamped with the date received.
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d. The Construction inspector will review the monthly updates to the construction schedule
prepared by the construction contractor and provide written comments to the project manager
and EOR.
e. The Construction inspector will provide such field testing and verification that all materials,
equipment and supplies installed or utilized on the Project are in full accordance with the
Contract Documents and approved Shop Drawings provided by the EOR.
f. Within one week after the construction contractor notifies the FOR and the project manager
that the Work on the Project is substantially complete in accordance with the Contract
Documents, the Construction inspector will provide a signed and sealed certification by a
professional engineer registered in the State of Florida, that the Work was done under his
supervision and performed in accordance with the Contract Documents, including all
approved shop drawings and change orders except as noted.
3.2.2 — Coordination of Shop Drawings, Contract Interpretations and Clarifications — The Construction
inspector will coordinate with the design engineer (EOR) regarding the issuance of interpretations and
clarifications of Contract Documents during construction. The DESIGN Engineer (EOR) shall be
responsible for technical review and decisions regarding interpretation and clarification of Contract
Documents. The Construction inspector shall coordinate the DESIGN Engineer's (EOR) decisions and
responses with the construction contractor.
3.2.3 - Monitor Project Records — The Construction inspector shall monitor all required Project records,
including but not limited to delivery schedules, inventories and construction reports.
3.2.4 — As Constructed Field Drawings — The Construction inspector shall maintain red pencil "mark -up"
notations and sketches on full size construction plans that reflect the actual details of constructed
facilities. These Constructed Field Drawings will be used by the Construction inspector to validate the
"As Built" documentation provided by the construction contractor. The Construction inspector will notify
the project manager, FOR and the construction contractor of any differences in the documents
maintained by the general contractor and the Construction inspector on a weekly basis for resolution by
the EOR.
3.2.5 — Start-up and Re- commissioning Support — The Construction inspector will assist the project
manager, the EOR, and the construction contractor during start-up of each segment designated for
Beneficial Use by the FOR and project manager, including but not limited to signing off on regulatory
permits and general coordination between the EOR, project manager, and construction contractor.
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SCHEDULE B
BASIS OF COMPENSATION
TIME AND MATERIAL OR LUMP SUM
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice, a progress report reflecting the Project status, in terms of the total work
effort estimated to be required for the completion of the Basic Services and any 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 Craig Pajer, Principal Project Manager at Collier County Public Utilities, 3339 Tamiami
Trail East, Suite 303, Naples, FL. 34112
2. COMPENSATION TO CONSULTANT
The estimated annual fee for professional services contained in this contract is $2,000,000.
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly
payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and
Reimbursable Expenses for Time and Materials Tasks, or on a Lump Sum per Task basis in
accordance with related Quotation for the actual services provided.
B.2.1.1 Due to the many variables within each Phase, the estimated annual amounts in the
table below are subject to change. Reallocation of estimated annual dollar amounts between
Phases may be done through a Change by Letter, provided that such reallocation does not
exceed the Total Estimated Annual Fee of $2,000,000.00 (two million dollars). Each Purchase
Order issued under this Agreement shall clearly identify which Phase(s) the requested services
will fall under.
ITEM
PHASE
ESTIMATED
ANNUAL
AMOUNT:
1.
Phase I - Wastewater Collection System
$1,000,000.00
Analysis
2.
Phase II - Design
$ 500,000.00
3.
1 Phase III — Post Design Services
$ 500,000.00
TOTAL Estimated Annual Fee (Total Items
$2,000,000.00
1 -3
B.2.2 Time and Materials: Direct Labor Costs mean the actual salaries and wages (basic,
premium and incentive) paid to CONSULTANT'S personnel, with respect to this Project,
including all indirect payroll related costs and fringe benefits, all in accordance with and not
in excess of the rates set forth in the Attachment I to this Schedule B.
B.2.2.1 With each monthly Application for Payment, CONSULTANT shall submit detailed time
records, and any other documentation reasonably required by OWNER, regarding
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CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and
approved by OWNER.
B.2.3 Lump Sum: Payments will be made monthly upon percent complete of Task; however,
the payment of any particular Task shall not be due until all services associated with any
such Task have been completed to OWNER'S reasonable satisfaction. Consultant's
invoices shall show all Service items, the Phase under which the services were
performed, and the percentage complete of each Task.
B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees
to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the
services to be provided. The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or
Additional Services without OWNER'S prior written approval.
B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed
under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out -of- pocket expenses incurred in the performance of all such
services.
B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one invoice
per month for all fees and Reimbursable Expenses earned that month for both Basic
Services and Additional Services. Invoices shall be reasonably substantiated, identify the
services rendered and must be submitted in triplicate in a form and manner required by
Owner. Additionally, the number of the purchase order granting approval for such
services shall appear on all invoices.
B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non - payment under the legal doctrine of "laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and the Project name and shall not be submitted more than one time monthly.
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B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S
annual billings, on a cumulative basis, exceed the Total Estimated Annual Fee of
$2,000,000.00 (two million dollars) as set forth in the table in Section 2.1 without prior
Board approval.
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:
5. 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.
6. 8.3.5.1.2. 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.
8.3.4.1.6 Other items on request and approved in writing by the OWNER.
END OF SCHEDULE B.
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ATTACHMENT 1
to Schedule B
Contract No: #11 -5782 "Wastewater Basin Analyses"
PERSONNEL CATEGORIES & HOURLY RATES
Personnel Cateaory
Principal
Senior Project Manager
Project Manager
Senior Engineer
Engineer
Senior Inspector
Inspector
Senior Planner
Planner
Senior Designer
Designer
Environmental Specialist
Senior GIS Specialist
GIS Specialist
Clerical
Surveyor and Mapper
CADD Technician
Survey Crew - 2 man
Survey Crew - 3 man
Survey Crew - 4 man
3/27/2012 Item 11.C.
Standard Hourly Rate
$195
$165
$148
$155
$119
$85
$65
$140
$110
$115
$100
$115
$145
$100
$60
$130
$85
$130
$160
$180
This list is not intended to be all- inclusive. Hourly rate fees for other categories of professional,
support and other services shall be mutually negotiated by the County and firm on a task by task
basis as needed per each Request for Quotation.
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The number of days for
Quotation documentatio n
number of days identified
County.
3/27/2012 Item 11.C.
SCHEDULE C
PROJECT SCHEDULE
completion of any of the requested services will be based on the
related to the issuance of a Purchase Order and will match the
in the Notice to Proceed (NTP) unless otherwise extended by the
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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
the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
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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
CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
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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)
$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 $1,000,000
Products /Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage $ 50,000
,10-N
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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
Aggregate Limit under LIMITS OF INSURJ
away from premises owned by or rented
retentions shall be the sole responsibility
retentions carried by the CONSULTANT
Management Director or his /her designee.
General Liability Coverage Part. The General
ONCE applies separately to each of your projects
to you." Applicable deductibles or self- insured
of CONSULTANT. Deductibles or self- insured
shall be subject to the approval of the Risk
(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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3/27/2012 Item 11.C.
(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
$1,000,000 each claim and in the aggregate
_X $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
(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
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3/27/2012 Item 11.C.
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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3/27/2012 Item 11.C.
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, CDM Smith, 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 Wastewater Basin Analyses are accurate,
complete and current as of the time of contracting.
CDM Smith, Inc.
M
TITLE:
DATE:
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SCHEDULE F
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
The percentage of time for each personnel category will be based on the requirements for each
requested service, and will be identified in the Consultant's response to the individual Request
for Quotation.
F -1
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