Agenda 04/10/2012 Item #16A114/10/2012 Item 16.A.11.
EXECUTIVE SUMMARY
Recommendation to approve the award of Contract #11 -5724 to Hole Montes, Inc. for Construction
Engineering Inspection, Landscape Inspection and Site Restoration Services for the "Vanderbilt
Beach MSTU: FPL Underground Conversion Project - Phase 1, 2, 3" pursuant to RFP #11 -5724, in
the estimated amount of $165,544.
OBJECTIVE: To obtain professional construction engineering inspection services, landscape
inspection, and site restoration services for the Vanderbilt Beach MSTU Florida Power & Light
( "FPL ") Underground Conversion Project - Phase 1, 2 and 3.
CONSIDERATIONS: The Vanderbilt Beach MSTU is very close to commencing construction
of the FPL Underground Facilities Conversion project. Phase 1, 2 and 3 provides hurricane
protection and aesthetic improvements through the burial of the existing overhead power lines.
In coordination with the Public Utilities Division, existing asbestos water main lines have been
identified throughout portions of the project phases. In accordance with Chapter 469 of the
Florida Statutes and Rule 61E1 of the Florida Administrative Code, a State of Florida certified
asbestos abatement professional must be onsite and managing the work zone where the asbestos
concrete line exists, so that a trained professional can be ready to take the necessary asbestos
abatement precautions in the event a problem is encountered. The selected consultant, Hole
Montes, Inc. will be responsible for providing documentation of the location of existing asbestos
lines during construction, to protect County facilities according to State statutes and providing
the design for the restoration of landscaping in the right of way. FP &L and Comcast, who are
partnering with the County on this project, will be responsible for the preparation of plans and
the construction associated with the burial of their overhead services.
A request for proposal for services was advertised July 12, 2011. The e- procurement system
recorded that 1,052 notifications were sent to potential bidders, 81 packages were downloaded,
and one proposal was received on August 4, 2011 from Hole Montes Inc. On August 9, 2011,
the selection committee had an organizational meeting to review and confirm that the
requirements for the RFP were met. On August 16, 2011, the selection committee recommended
Hole Montes Inc., as a qualified, responsive bidder. During the solicitation process it was noted
that there were not many local firms with the required asbestos abatement certification.
On September 13, 2011, the Collier County Board of County Commissioners approved the
shortlist for Hole Montes and staff entered into negotiations. On March 1, 2012, the Vanderbilt
Beach MSTU Advisory Committee approved award of contract to Hole Montes.
Hole Montes' initial price proposal included tasks that were more than necessary for the project.
Consequently, after meeting with staff and revisiting the scope of services and reducing hourly
rates and frequency, the resulting negotiated price is $165,544. The final proposed price schedule
has both a lump sum tasks and time and materials tasks. The time and materials tasks are
assigned hourly rates per occurrence and will be used on an as needed basis.
Packet Page -865-
4/10/2012 Item 16.A.11.
FISCAL IMPACT: There are sufficient funds in Vanderbilt Beach MSTU Fund 143 to cover
the contract cost of $165,544.00
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this action.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval —SRT.
RECOMMENDATION: Approve the award of RFP # 11 -5724 and the contract with Hole
Montes, Inc., and authorize the Chairman to sign the standard contract after County Attorney
approval.
PREPARED BY: Darryl Richard, Project Manager, Alternative Transportation Modes
Department
Attachments: (1) Contract, (2) Schedule C - Project Milestone & Deliverables, (3) Minutes
March 1, 2012 Vanderbilt Beach MSTU Meeting
Packet Page -866-
4/10/2012 Item 16.A.11.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.11.
Item Summary: Recommendation to approve the award of Contract #11 -5724 to Hole
Montes, Inc. for Construction Engineering Inspection, Landscape Inspection and Site
Restoration Services for the "Vanderbilt Beach MSTU: FPL Underground Conversion Project -
Phase 1, 2, 3" pursuant to RFP #11 -5724, in the estimated amount of $165,544.
Meeting Date: 4/10/2012
Prepared By
Approved By
Name: AmoldMichelle
Title: Director - Alt Transportation Modes,Alternative Tr
Date: 3/15/2012 3:52:11 PM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & C
Date: 3/21/2012 3:37:17 PM
Name: BrilhartBrenda
Title: Purchasing Agent,Purchasing & General Services
Date: 3/21/2012 3:52:28 PM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 3/21/2012 4:20:42 PM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 3/21/2012 4:26:12 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 3/29/2012 4:54:07 PM
Name: MarcellaJeanne
Packet Page -867-
Title: Executive Secretary,Transportation Planning
Date: 3/29/2012 4:54:22 PM
Name: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 3/30/2012 11:42:00 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/30/2012 3:27:32 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 4/2/2012 11:26:50 AM
Name: OchsLeo
Title: County Manager
Date: 4/3/2012 12:55:31 PM
Packet Page -868-
4/10/2012 Item 16.A.11.
G
0
K
u
O
W
2
u
a
N
n
W
.y
a
z
i
4/10/2012 Item 16.A.11.
Packet Page -869-
Z
Z
z
Z
Z Z Q
W
0 "
V
0 3
3 3
D
O O
v
O O
O U
^+ 0
U=
0
u V Z
0 o
O D
M M
O
3 m
3 3
O
O
ia:
d3
m
a
�
°
a
$
= o
o n
s_
`ou
mu
o
o
uy
r,aaa
3
3
3 3m
3
3 a
vaa
3
3
a
3 t
3v
3$
w
.v E
w r
E E
3 3
z
r
> ^�
o
o 0
«'fl
.. a
a
E v
O 9
6 9
9 9
9
9 V
V
V d
d C
d 9
D O
V
V V
V
L
N
0
0
O O
O O
O C
O
O o
o
o
6
G 6
Q
G G
6 6
6 y
G
y¢
3 3
6 6
6 4
d
6
a
o a
a s
a a
a c
c a
--
a
a
a
E
w
`o
o
o
�
3
c
n
E
g
o
-
3
c
o
m
o
a
m
N
a
m
a
E
c
0
c
�
�
3
o?
-
a
°
my
E a
°c
a
o
m
>V
c>
E
c°
°
'°'
c
o
°°
3
w
o
c
E u
E n
°-
o
`a " m
-
o
ol
E
—
a
n
a
i
soc
�
-
.. o
o
_
W
n
�`o
`o o
`o
u
nib
E
°c -3.e
.i m�
E a
m
W=
o
o v
o
C c
o
of
M
�
O
�
�
v
"
o
C
o
c
a
0
T,
2
Z E
O o�
o u
J
u
m
h
3
DI
u°
1
_
o
u
a
- c
u'
a
O
o
u
u
� u
h
E
c v
LL o
N
m
C o
c
x
Y
tg
Packet Page -869-
4/10/2012 Item 16.A.11.
Vaadar6ifi I;eacfi M.S.T.u.
Advisory Cooftntiffee
2705 Horseshoe Drive South
Naples, FL 34104
March 1, 2012
MINUTES
I. Call Meeting to Order
The meeting was called to order by Charles Arthur at 2:00 p.m.
A quorum was established.
II. Attendance
Members: Dick Lydon, Charles Arthur, Bruce Forman, Michael Price
County: Darryl Richard —MSTU Project Manager, Michelle Arnold- Director ATM,
Pam Lulich- Landscape Operations Manager, Gloria Herrera - Budget Analyst
Others: Robert Kindelan —CLM, William Sjostrom - Public, George Hermanson-
Hole Montes, Darlene Lafferty — Juristaff
III. Approval of Agenda
Add: Xl. A. Distribution of Minutes
Xl. B. Application for the Vanderbilt Beach MSTU Advisory Committee
Bruce Forman moved to approve the agenda as amended. Second by Dick
Lydon. Motion carried unanimously 4 -0.
IV. Approval of Minutes — February 2, 2012
Change: V/ll. A., page 2, last paragraph, fifth sentence should read: "Michael
Price"
Vlll. A., page 3, second paragraph should read: "Michael Price"
IX. A. page 4, strike the first bullet
Dick Lydon moved to approve the minutes of February 2, 2012 as amended.
Second by Michael Price. Motion carried unanimously 4 -0.
V. Budget Report
Gloria Herrera reviewed the following information:
• Available Operating Expense $2,110,766.36
• The Escrow Monies $1,800,000.00 are reflected in the Budget
Charles Arthur questioned the reason that the Escrow Monies are listed in
Other Contractual as the Committee requested to track the Projects by Phase.
1
Packet Page -870-
4/10/2012 Item 16.A.11.
Gloria Herrera replied:
• The Breakdown per Phase is listed on page (2) of the Report
• A new object code cannot be created on page (1)
Charles Arthur clarified the preferred information for the Breakdown per Phase:
• Beginning Balance per Phase — FY2012
• Monthly Expenditures per Phase
• Remaining Monthly Balance per Phase
Dick Lydon questioned the purpose of tracking Fifth Third O/N Interest
($1,197.20) and Investment Interest separately.
Charles Arthur requested Staff confer with the Budget Office on the separate
tracking method for Interest.
Discussion took place on the actual available MSTU Funds and the Escrow
Account.
The following was noted:
• Available Cash Balance - $4,628,850.41 (Balance Sheet)
• The Escrow Account does not accrue Interest
• Escrow monies ($1,800,000.00) are reported as an Actual Expenditure
Line Item 19 — Other Contractual on the Budget Report
VI. Landscape Maintenance Report — CLM
Robert Kindelan reported:
o Plumbago is being treated for Chili Thrips
VII. Utilities Report- Charles Arthur
Staff reviewed Phase I Proposal for CEI and Landscape Inspection Services by
Hole Montes Inc. (See attachments)
• Coordination meetings were held to determine if the proposed Task
Items by Hole Montes were a duplication of the services provided by
FPL
• Verified that Task 2.1 - 2.7, and 3.1 costs are on an as needed basis
- Project cost is based on time and materials
• Hole Montes will be onsite during the Directional Boring by FPL and
Comcast
- Directional Boring poses the greatest risk (to the asbestos line)
• Noted Task 2.1 — 2.3 Services are not needed during the period when
work is not being performed
- RFP 91 -5724 Analysis of Proposed Deliverables (See attached)
• FPL is responsible for (red line) modifications to the FPL Plans
- Hole Montes will validate the (red line) modifications
George Hermanson concurred with Staff that the underground work is the most
critical phase.
Staff stated the County Attorney recommends proceeding with the Hole Montes
Proposal.
Packet Page -871-
4/10/2012 Item 16.A.11.
Bruce Forman noted a discrepancy on the Senior Inspector Hourly Rate listed
on the Professional Fee Schedule ($75.00) and CEI and Landscape Inspection
Phase I Costs ($85.00.)
George Hermanson verified the Senior Inspector Hourly Rate is $85.00.
Dick Lydon moved to accept the Proposal by Hole Montes Inc. with a not to
exceed amount of $165,544.00. Second by Bruce Forman. Motion carried
unanimously 4 -0.
Discussion took place on obtaining the Attorney General Opinion.
Staff stated the County Attorney perceives that a private citizen cannot request
an opinion by the Attorney General.
Charles Arthur volunteered to confer with FPL and the Board of County
Commissioners on the issue. Additionally he will clarify the procedures required
for the next Phase of the Project with the County Clerk.
VIII. Project Manager Report
A. ATM Department - Darryl Richard — None
B. Public Utilities Department — Mark Sunyak — None
IX. Old Business — None
X. Update Report
A. Maintenance — Bruce Forman — None
XI. New Business
A. Distribution of Minutes
The Committee requested to discontinue mail distribution of the Minutes as
they are submitted via email and a copy is provided at the meeting.
Additionally the Committee will confirm receipt of the email distribution (via
email response to the transcriptionist.)
B. Application for the Vanderbilt Beach MSTU Advisory Committee
William Sjostrom was introduced to the Committee. (See attached)
Charles Arthur moved to recommend to the Board of County
Commissioner for approval the appointment of William Sjostrom.
Second by Dick Lydon. Motion carried unanimously 4 -0.
The Committee and Staff agreed to hold the April meeting at 9:00 a.m. due to
a scheduling conflict.
XII. Public Comment — None
Packet Page -872-
4/10/2012 Item 16.A.11.
There being no further business for the good of the County, the meeting was
adjourned by the Chair at 3:05 p.m.
Vanderbilt Beach MSTU
Advisory Committee
Charles Arthur, Chairman
These minutes approved by the Board /Committee on
as presented or amended
The next meeting is April 5, 2012 at 9:00 A.M.
ST. JOHNS PARISH LIFE CENTER
625 111 T" Ave.
Naples, FL
4
Packet Page -873-
4/10/2012 Item 16.A.11.
Contract #11 -5724
Construction Engineer and Landscape Inspection Services and Site Restoration Services for
Vanderbilt Beach MSTU: FPL Underground Conversion Phase 1, 2, 3
PROFESSIONAL SERVICES AGREEMENT
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 Florida 34110 (hereinafter referred to as the "CONSULTANT ").
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Consulting for Construction
Engineer and Landscape Inspection Services of the CONSULTANT concerning RFP 11 -5724
Construction Engineer and Landscape Inspection Services and Site Restoration Services
for Vanderbilt Beach MSTU: FPL Underground Conversion Phase 1, 2, 3 (hereinafter
referred to as the "Project "), said services being more fully described in Schedule A, "Scope of
Services ", which is attached hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and
WHEREAS, the CONSULTANT represents that it has expertise in the type of professional
services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein,
the parties hereto agree as follows:
I
Packet Page -874-
4/10/2012 Item 16.A.11.
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Construction Engineering and
Landscape Inspection /Reconstruction 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 George H. Hermanson, 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
2
Packet Page -875-
4/10/2012 Item 16.A.11.
to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote
whatever time is required to satisfactorily manage the services to be provided and performed by
the CONSULTANT hereunder. The Project Coordinator shall not be removed by
CONSULTANT from the Project without OWNER'S prior written approval, and if so removed
must be immediately replaced with a person acceptable to OWNER.
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.
3
Packet Page -876-
4/10/2012 Item 16.A.11.
1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount
for the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and /or deficient documents, failure to comply with local, state and /or
federal requirements and /or codes and ordinances applicable to Consultant's performance of
the work as related to the project. This list is not deemed to be all- inclusive, and the County
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these
funds would be forfeited by the Consultant. The County may also deduct or charge the
Consultant for services and /or items necessary to correct the deficiencies directly related to the
Consultant's non - performance whether or not the County obtained substitute performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non - public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt
written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83190). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the
RTK(Real -Time Kinematic) GPS Network as provided by OWNER. Information layers shall have
4
Packet Page -877-
4/10/2012 Item 16.A.11.
common naming conventions (i.e. right -of -way - ROW, centerlines - CL, edge -of- pavement -
EOP, etc), and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT
shall furnish or obtain from others Additional Services of the types listed in Article Two herein.
The agreed upon scope, compensation and schedule for Additional Services shall be set forth in
the Amendment authorizing those Additional Services. With respect to the individuals with
authority to authorize Additional Services under this Agreement, such authority will be as
established in OWNER'S Purchasing 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
s
Packet Page -878-
4/10/2012 Item 16.A.11.
services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional
Services:
2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
2.2. Services resulting from significant changes in the general scope, extent or character of the
Project or its design including, but not limited to, changes in size, complexity, OWNER'S
schedule or character of construction; and revising studies, reports, design documents or
Contract Documents previously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
reasonably anticipated prior to the preparation of such studies, reports or documents, or are due
to any other causes beyond CONSULTANT'S control and fault.
2.3 Providing renderings or models for OWNER'S use.
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).
6
Packet Page -879-
4/10/2012 Item 16.A.11.
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
possession pertinent to the Project, including existing drawings, specifications,
Packet Page -880-
4/10/2012 Item 16.A.11.
shop drawings, product literature, previous reports and any other data relative
to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under this
Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts
of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to
have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
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.
8
Packet Page -881-
4/10/2012 Item 16.A.11.
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.
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,
9
Packet Page -882-
4/10/2012 Item 16.A.11.
notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other
technical data, other than working papers, prepared or developed by or for CONSULTANT
under this Agreement ( "Project Documents "). OWNER shall specify whether the originals or
copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall
be solely responsible for all costs associated with delivering to OWNER the Project Documents.
CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and
internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER
to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use on this Project.
CONSULTANT warrants to OWNER that it has full right and authority to grant this license to
OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to
complete the Project following CONSULTANT'S termination for any reason or to perform
additions to or remodeling, replacement or renovations of the Project. CONSULTANT also
acknowledges OWNER may be making Project Documents available for review and information
to various third parties and hereby consents to such use by OWNER.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as may
be required by law. OWNER, or any duly authorized agents or representatives of OWNER,
shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and during
the five (5) year period noted above, or such later date as may be required by law; provided,
however, such activity shall be conducted only during normal business hours.
io
Packet Page -883-
4/10/2012 Item 16.A.11.
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.
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
II
Packet Page -884-
4/10/2012 Item 16.A.11.
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.
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
12
Packet Page -885-
4/10/2012 Item 16.A.11.
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.
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
13
Packet Page -886-
4/10/2012 Item 16.A.11.
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
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
14
Packet Page -887-
4/10/2012 Item 16.A.11.
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
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
is
Packet Page -888-
4/10/2012 Item 16.A.11.
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
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.
16
Packet Page -889-
4/10/2012 Item 16.A.11.
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: Purchasing /General Services Director
(239) 252 -8407
Fax: 239 - 252 -6480
16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the
CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT'S address of record:
Hole Montes, Inc.
950 Encore Way
Naples, FL 34110
George H. Hermanson, Senior Vice President/Principal
(239) 254 -5052
Fax: (230) 254 -2099
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
Packet Page -890-
4/10/2012 Item 16.A.11.
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and
assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any
and all prior agreements or understandings, written or oral, relating to the matter set forth
herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
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.
18
Packet Page -891-
4/10/2012 Item 16.A.11.
17.9 The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A
SCOPE OF SERVICES
Schedule B
BASIS OF COMPENSATION
Schedule C
PROJECT MILESTONE SCHEDULE
Schedule D
INSURANCE COVERAGE
Schedule E
TRUTH IN NEGOTIATION CERTIFICATE
Schedule F
KEY PERSONNEL, SUBCONSULTANTS AND
SUBCONTRACTORS
RFP # 11 -5724
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
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
Packet Page -892-
4/10/2012 Item 16.A.11.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid, proposal, or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal, or
reply on a contract with a public entity for the construction or repair of a public building
or public work; may not submit bids, proposals, or replies on leases of real property to a
public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO for a period of 36 months following the date of being
placed on the convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
a.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.
a.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
20
Packet Page -893-
4/10/2012 Item 16.A.11.
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.
* * * * * * * * * * * * * * * * * * ** *The rest of this page is intentionally left blank * * * * * * * * * * * * * * * * * * * * * * * * * * * **
21
Packet Page -894-
4/10/2012 Item 16.A.11.
RFP 11 -5724
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Construction Engineer and Landscape Inspection Services and Site
Restoration Services for Vanderbilt Beach MSTU: FPL Underground Conversion Phase 1,
2, 3 the day and year first written above.
ATTEST:
Dwight E. Brock, Clerk
M
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
Hole Montes, Inc
By:
typed Name and Title
22
Packet Page -895-
4/10/2012 Item 16.A.11.
SCHEDULE A
SCOPE OF SERVICES
VANDERBILT BEACH MSTU
FPL UNDERGROUND CONVERSION
Description of Project
This Project is located at Gulfshore Drive: Phase 1 (111th Avenue to Vanderbilt Beach Road) and
consists of the construction of: The Vanderbilt Beach MSTU: FPL Underground Conversion
Phase 1, 2, 3 provides hurricane protection and aesthetic improvements. There is an existing
asbestos water main within the work zone requiring that the consultant is a State of Florida
certified asbestos consultant under the rules and regulations of Chapter 469 of the Florida
Statutes and Rule 61 E1 of the Florida Administrative Code.
Detailed Scope of Work
Construction Engineering Inspection Services associated with the burial of the FP &L/Comcast
utility lines through trenching and directional boring. Landscape Architectural Site Restoration
Services associated with the burial of the FP &UComcast utility lines through trenching and
directional boring.
TASK 1— PRE - CONSTRUCTION VIDEO AND PHOTOGRAPHS
1.1 The Consultant will provide a preconstruction video tape as needed in DVD format
documenting the condition of the project area prior to commencement of any work. This video
tape should capture pre - project conditions of all private property adjacent to the proposed
project area and public property in the right of way with the intent to document all existing
conditions for use in resolving any post - project private or public property alleged damage
claims. The video is to be submitted to the Project Manager prior to construction
commencement for the Project file at no additional cost.
1.2 Pre - Construction Photographs: The Consultant will provide construction progress
photographs as needed that help visualize the worksite conditions. Photographs will be taken
prior to construction commencement, during and after all milestones and construction steps.
These pictures must be in digital format, date stamped, 3 Mega pixels minimum resolution, in
color, and submitted once a week on Wednesday via e-mail or recorded on a CD to the
attention of the Project Manager.
TASK 2 — DETAILED OBSERVATION AND DOCUMENTATION DURING CONSTRUCTION
2.1 - The Consultant will provide Construction Inspectors to observe all construction and testing
activities related to the project, including work surrounding the existing asbestos pipe,
installation of related utility boxes, existing driveways, landscape and irrigation systems,
miscellaneous masonry and concrete work associated with the trenching and directional bore
activity of the power line burial, and video and testing of existing utilities and improvements
within the right of way. Construction documentation will be prepared on the day the construction
23
Packet Page -896-
4/10/2012 Item 16.A.11.
activity takes place. All construction documentation and preparation of work orders associated
with the restoration will be provided to the County not later than the first working day of the
following week or more frequently if requested by the County.
2.2 - Construction Observation — The Consultant will conduct on -site observations and
inspections as needed of material construction activities on the Project to verify whether the
work is completed in accordance with the contract documents submitted to Collier County by
FP &L /Comcast. The Consultant will inform an on -site representative of the construction
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 Consultant shall inform the County about the
concern or issue within four (4) business hours of the finding.
2.3 - On a twenty -four (24) hours basis, the Consultant may be required to travel to the site
immediately to meet with the Project Manager, law enforcement or emergency personnel to
resolve an emergency. The Contractor will respond to a telephone, beeper and the return calls
shall be made within one (1) hour of notification.
The Consultant will be responsible for investigating the concern or issue and resolving the same
through an oral or written directive to the construction contractor and so inform the County. This
protocol will be initiated any time the Consultant 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.
2.4 - Daily Log and Construction Documentation — The Consultant will prepare a daily log
recording all activities and details related to the work completed during each day on a form
approved in advance by the County. Information will be recorded in the daily log on each day
construction activities occur. The daily log entries will record all aspects of the construction
during that day including, but not limited to: construction crew (labor) details, equipment used,
materials used, compliance testing and inspection performed, site conditions, trench conditions,
backfill material used, dewatering methods, compaction methods, location of the work, and all
relevant details related to the Work. The Daily 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 fitting, name plate data for equipment and material
installed, and other information requested by the County. The daily log, photograph files and
other construction documentation will be provided to the County by the Consultant on a weekly
basis on the first day of the week following the week of daily logs.
2.5 - Photographic Record — The Consultant will provide a comprehensive digital photographic
record of all construction activities related to the project. The digital file names will be
referenced in the daily 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 to a
digital CD and submitted weekly to the County along with the construction documentation. The
photographs will be printed in high resolution color, two captioned photos per 8 '/2" x 11" sheet,
24
Packet Page -897-
4/10/2012 Item 16.A.11.
printed one side only. The prints will be provided to the County as needed with the construction
documentation. Video will be provided in digital format.
2.6 - General Coordination —The Consultant will coordinate activities related to the multiple -
beneficial Use of completed segments of the Project during Phase 1, between the construction
contractor and the County. The Consultant will oversee substantial completion inspections, and
prepare and maintain the punch list, including follow -up inspections to ensure that punch list
items are corrected and /or completed.
2.7 - Observe Regulatory Agency Inspections — The Consultant 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 daily logs.
2.8 - Construction Progress Meetings — The Consultant may be required to attend progress
meetings chaired by the County's Project Manager, with the construction contractor and the
County to review project status and identify issues that may affect the Project. The Consultant
may be asked to assist in preparing a draft Agenda at least two 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 County and the construction contractor.
2.9 - Substantial Completion Inspections — The Consultant will conduct substantial completion
inspections when requested by the construction contractor and coordinated with FP &L/ Comcast
and recommend whether the work is sufficiently complete to warrant a substantial completion
inspection. During the substantial completion inspection the Consultant will prepare a punch list
of items requiring completion or correction to the satisfaction of the County. The Consultant will
maintain the punch -list. and issue updates to the punch -list on an as needed basis. The
Consultant will attend and participate in the final walk- through to ensure that the punch -list items
are completed to the satisfaction of the County. All services related to the Substantial
Completion Inspection shall be provided separately for Vanderbilt Beach MSTU: FPL
Underground Conversion project: FP &L/Comcast, Landscape, Irrigation, and Incidental
Restoration Installation as a result of the Phase 1 Project. The Consultant will coordinate close
out of building and right of way permits
2.10 - General Management and Oversight — The Consultant mayprovide support services
customarily related to the construction observation and inspection of similar projects also
including, but not limited to:
a) Attend progress meetings and conferences as needed with the County and
contractors; Assist preparing agenda and distribute meeting minutes; Coordinate all
subsequent meetings, prepare agenda and distribute meeting minutes; Prepare a list
of issues needing resolutions after every meeting and ensure that they are fulfilled.
b) Attend In- Progress Review (IPR) meetings as needed with the County to update the
Project Delivery Team on the status of the Project during construction.
c) Participate in pre- construction coordination meetings as needed with the County,
FP &L /Comcast; Participate in other meetings as described or implied herein. Prepare
and submit monthly construction summary reports to the County.
d) Attend project meetings in order to monitor progress as needed, respond to field
issues, communicate with the contractor, and coordinate communications with the
contractor, project manager, and operational staff at County and DEP as needed.
25
Packet Page -898-
4/10/2012 Item 16.A.11.
e) Respond to Requests for Information from the contractor within three working days.
Coordinate requests with project manager and operational staff at Collier County.
f) Review and recommend the approval of payments due to the construction contractor
for site restoration within the right of way. The Consultant's recommendation of any
payment requested in an application for payment shall constitute a representation by
the Consultant to the County as an experienced and qualified professional, that based
on Consultant's onsite observations and inspections of construction in progress; that
the construction quantities in the applications for payment accurately reflects the
progress of the work and that the work is constructed in accordance with the Contract
Documents. The Consultant will process pay requests in accordance with the Florida
Prompt Payment Act. All incoming pay requests processed by the Consultant shall be
mechanically stamped with the date received. Final pay requests will be processed by
Collier County.
g) Provide construction contract administration consisting of:
1. Review of payment applications, if needed.
2. Review of construction schedule updates and field progress.
3. Review of change order requests and preparation of change orders, if
needed.
4. Assistance in administration of additional work under the Contract
Allowance Bid item.
5. Review, preparation, implementation, and restoration of right of way site
to the original condition.
6. Review record drawings for completeness and accuracy on a daily
basis.
h) Coordinate all construction field activities with the County staff with adequate
notification and coordination.
i) Coordinate all issues with the Owner, FP &L /Comcast, other Utilities that may bury
their lines during the timeframe (Fibernet, Nuvu) and property owners who have been
negatively affected by the construction. This will involve the restoration of those
affected areas. Provide timely review, recommendations and approval of shop
drawings and submittals.
j) Respond to Requests for Information from the contractor within three working days.
Coordinate requests with the project manager, operational staff at Collier County and
DEP staff, as needed.
k) The Consultant 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 Consultant.
1) Conduct daily fulltime site observation of construction and provide daily reports with
photographs to the County.
m) Provide a professional State of Florida registered Landscape Architect (Chapter 481,
Part 11, Florida Statutes, Chapter 61G10, F.A.C.) to be responsible for inspection and
acceptance of landscaping (both with the County right -of -way and on private property)
associated with the construction work.
n) Within one week after the construction contractor notifies the Consultant and the
County that the Work on the Project (for each Phase) is substantially complete in
accordance with the contract documents, the Consultant will provide a signed and
sealed certification by a professional consultant 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 for
each licensed discipline.
26
Packet Page -899-
4/10/2012 Item 16.A.11.
o) The firm's staff assigned to this project must be available 24/7 during the duration of
the project.
p) The firm's staff assigned to this project must be available 24/7 during the duration of
the project.
2.11 — As Constructed Field Drawings — The Consultant 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 Consultant to
validate the "As Built" documentation provided by the construction contractor. The Consultant
will notify the construction contractor of any differences in the documents maintained by the
general contractor for resolution by the County.
TASK 3 - CONCLUDING CONSTRUCTION SERVICES
3.1 — Final Completion Inspection - Upon the request of the construction contractor and
concurrence of the Consultant and the County, the Consultant 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 Consultant will judge the
work complete or not complete. If the work is judged complete, the Consultant will issue a
"notice of final acceptance and recommendation for final payment If the work is judged not
complete, the Consultant 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
Consultant can issue a "notice of final acceptance and recommendation for final payment ". All
services related to the Final Completion Inspection shall be provided separately for Vanderbilt
Beach MSTU: FPL Underground Conversion project: FP &L /Comcast, Landscape, Irrigation, and
Incidental Restoration Installation.
3.2 — Final Construction Certification — Upon issuance of a "notice of final acceptance and
recommendation for final payment" the Consultant will provide a Florida Registered signed and
sealed certification by a professional Florida Licensed Consultant in responsible charge of the
work provided by the Construction Inspectors stating that the "Project has been completed by
the construction contractor in substantial accordance with the Plans and Specifications of the
Contract Documents ". All services related to the Final Construction Certification shall be
provided separately for Phase I - FP &L /Comcast, Landscape, Irrigation, and Incidental
Restoration Installation as a result of the Phase I Project.
TASK 4 - ASBESTOS INCIDENCES
4.1 - The Consultant will provide a Florida Licensed Asbestos Consultant (Chapter 471, Florida
Statutes, Chapter 61 G15, F.A.C.) experienced in asbestos abatement and related activities. The
Consultant will also provide an inspector trained in asbestos awareness.
4.2 — If an incidence occurs where an underground asbestos utility main is damaged during
construction, the Consultant's inspector may dictate suspension of the work and instruct the
contractor to finish any measures to minimize any further damage to the facility at the
construction site. The Consultant will provide a Florida Licensed Asbestos Consultant to review
27
Packet Page -900-
4/10/2012 Item 16.A.11.
the damage and provide recommendations for the proper repair of the damaged pipe and clean-
up of any resulting asbestos containing debris.
4.3 — As part of the incident review and assessment, the Consultant may complete ambient air
sample tests in the vicinity to measure the airborne asbestos fiber concentration and evaluate
the measured asbestos fiber levels with respect to regulatory requirements and generally
accepted health and safety standards (the contractor will provide personal asbestos air
sampling for their employees if deemed necessary).
4.4 — The Consultant will visit the site upon completion of any measures or repairs to abate the
pipe damage and resulting asbestos containing debris.
4.5 — The Consultant will prepare written report describing the incident with all pertinent
information and documentation of the abatement and repair of the facility.
28
Packet Page -901-
4/10/2012 Item 16.A.11.
SCHEDULE B
BASIS OF COMPENSATION
TIME AND MATERIAL & 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 design and construction status, in
terms of the total work effort estimated to be required for the completion of the Basic Services
and any then - authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage complete
of each item.
B1.1.1 All monthly status reports and invoices shall be mailed to the attention
Of: Darryl Richard, Project Manager, 2885 S Horseshoe Drive, Naples, Fl 34104
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly
payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and
Reimbursable Expenses for Time and Materials Tasks, or on a Lump Sum basis in accordance
with the terms stated below. Provided, however, in no event shall such compensation exceed
the amounts set forth in the table below.
TASK
PHASE
AMOUNT
1.
Preconstruction One time lump sum
2,916
2.
Detailed Observation and
$135,744
Documentation During Construction
Time & Material Not To Exceed
2.1
Reimbursable Items Not to Exceed
JIP,500
3.
Concluding Construction Services (one
$5,384
time lump sum
4.
Asbestos Abatement (only as needed,
$6,000
estimate 5 or less incidences, not to
exceed $1,200 per incidence
TOTAL ESTIMATED PROJECT FEES
$165,544
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 1 to this Schedule B.
B.2.3. With each monthly Application for Payment, CONSULTANT shall
records, and any other documentation reasonably required by
CONSULTANT'S Direct Labor Costs incurred at the time of billing,
approved by OWNER.
29
Packet Page -902-
submit detailed time
OWNER, regarding
to be reviewed and
4/10/2012 Item 16.A.11.
B.2.4 Lump Sum: Payments will be made monthly upon percent complete of Task; however,
payment 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, and the percentage complete of each Task.
B.2.5 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.2.6. 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.2.7 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.
B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the
30
Packet Page -903-
4/10/2012 Item 16.A.11.
applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage
Owner has determined CONSULTANT has completed such task as of that particular
monthly billing. Amfk
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.
8.3.5.1 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. 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.
31
Packet Page -904-
4/10/2012 Item 16.A.11.
Attachment 1 to Schedule B
CONSULTANTS HOURLY RATES
PROFESSIONAL FEE SCHEDULE
Principal Engineer ........................................... ............................... $195.00 per hour
Project Manager .............................................. ............................... $148.00 per hour
Senior Landscape Architect ............................. ............................... $135.00 per hour
Surveying Technician ...................................... ............................... $ 85.00 per hour
SeniorInspector ............................................... ............................... $ 85.00 per hour
Principal Surveyor ............................................ ............................... $145.00 per hour
Administrative Assistant ................................... ............................... $ 65.00 per hour
Subconsultants
Asbestos Engineer .................................... ............................... $130.00 per hour
Technician................................................ ............................... $ 80.00 per hour
32
Packet Page -905-
4/10/2012 Item 16.A.11.
SCHEDULE C
PROJECT SCHEDULE
Project shall be completed within seven (7) months from issuance of the Notice to Proceed.
Any modification to this seven (7) month schedule shall be in writing in accordance with
Purchasing Policy and Administrative Procedures.
33
Packet Page -906-
4/10/2012 Item 16.A.11.
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
policies required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
certificates shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until at least thirty (30) days prior written notice has been given to
the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty -four (24)
hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in
coverages or limits received by CONSULTANT from its insurer, and nothing contained herein
shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in
the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy.
34
Packet Page -907-
4/10/2012 Item 16.A.11.
(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)
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
35
Packet Page -908-
4/10/2012 Item 16.A.11.
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one, if applicable)
X $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER and the
policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
Applicable X Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
Applicable X Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? _X Yes No
(1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including 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:
36
Packet Page -909-
4/10/2012 Item 16.A.11.
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
(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
37
Packet Page -910-
4/10/2012 Item 16.A.11.
(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less
than:
X Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? _X Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under
this insurance. Such insurance shall have limits of not less than:
$ 500,000 each claim and in the aggregate
X $1,000,000 each claim and in the aggregate
$2,000,000 each claim and in the aggregate
(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
38
Packet Page -911-
4/10/2012 Item 16.A.11.
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 AOW
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
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
39
Packet Page -912-
4/10/2012 Item 16.A.11.
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
40
Packet Page -913-
4/10/2012 Item 16.A.11.
RFP 11 -5724
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 Construction Engineer and Landscape
Inspection Services and Site Restoration Services for Vanderbilt Beach MSTU: FPL
Underground Conversion Phase 1, 2, 3 are accurate, complete and current as of the time of
contracting.
Hole Montes, Inc.
TITLE:
DATE:
39
Packet Page -914-
4/10/2012 Item 16.A.11.
SCHEDULE F
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
Consultants:
Title
IN
George Hermanson, P.E.
Principal Engineer
5%
•
W. Terry Cole, P.E.,
Project Manager
19%
•
Theresa Artuso, R.L.A. /A.SL.A., LEED,
Landscape Architect
2%
•
Ben Nowell
Surveying Technician
65%
•
Thomas Murphy, P.L.S.
Principal Surveyor
2%
•
Stephanie Karol
Administrative Assistant
4%
Subconsultants:
• Lindsey Weaver, P.E.
• Matthew Hoffman, E.I.
Licensed Asbestos Consultant 2%
Technician 1 %
Packet Page -915-