Agenda 09/25/2012 Item #16D8 9)25/2012 Item 16.D.8.
EXECUTIVE SUMMARY
Recommendation to approve the award of Contract #12-5868 in the amount of $359,745 and
authorize the Chairman to execute an agreement with Q. Grady Minor and Associates, P.A., for
"On-Call Construction Engineering and Inspections (CEI) and Related Services" for the Gordon
River Greenway Park,Goodlette-Frank and Golden Gate Parkway,Project Number 80065.
OBJECTIVE: To obtain professional on-call CEI services for the Gordon River Greenway
Park, Goodlette-Frank Road and Golden Gate Parkway.
CONSIDERATIONS: The Gordon River Greenway Park is a 124 acre passive, recreational
facility that is currently being designed and permitted by the Parks and Recreation Department in
conjunction with Conservation Collier. When completed, the park will extend from Golden Gate
Parkway south to the Naples Airport and east to the Gordon River. As ultimately envisioned, the
Greenway Project would extend from Freedom Park on the north to Tin City on the south. Other
stakeholders in the project include the Naples Airport Authority, The Southwest Florida Land
Preservation Trust Fund, The City of Naples, the Bear Paw's development, the Conservancy of
Southwest Florida and the Collier County School District. The stakeholders have been diligently
meeting and working together to develop, design and implement the project since 2007.
Once completed, the facility will consist of 90% preserve land and allow for bicycling, walking,
jogging, nature observation, and kayaking for residents and visitors of Collier County.
In accordance with the Consultants Competitive Negotiations Act, on March 14, 2012, the
county posted RFP #12-5868. Nine hundred sixty five notices of the RFP were sent out. Five (5)
responsive proposals were received. On June 5, 2012, a selection committee ranked the five
firms. On July 24, 2012, the Board of County Commissioners approved the recommended
short-list of consultants and directed negotiations with the top ranked firm, Q. Grady Minor and
Associates, P.A. On September 12, 2012, the parties negotiated proposed compensation to
complete these services in the amount of$359,745. In an effort to reduce costs, the fees under
this agreement have been negotiated on a time and materials bases. Each of the tasks includes a
not to exceed dollar threshold.
FISCAL IMPACT: Funding is available within the Parks and Recreation Capital Fund (306),
Gordon River Greenway Park project 80065. Source of funding is from the Florida
Communities Trust Florida Forever grant proceeds received in FY 2007.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action, and requires a majority vote for
approval. -ERP
GROWTH MANAGEMENT IMPACT: The Gordon River Greenway Park is categorized as
Regional Park lands in the AUIR and is consistent with the Recreation and Open Space Element
of the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the award of
contract 12-5868 to Q. Grady Minor and Associates, P.A., and authorize its Chairman to execute
the attached Agreement subject to final review by the County Attorney.
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Prepared by: Natali Betancur, Operations Analyst, Parks and Recreation Department
Attachments: Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.8.
Item Summary: Recommendation to approve the award of Contract#12-5868 in the
amount of$359,745 and authorize the Chairman to execute an agreement with Q. Grady Minor
and Associates, P.A.,for "On-Call Construction Engineering and Inspections (CEI) and Related
Services" for the Gordon River Greenway Park, Goodlette-Frank and Golden Gate Parkway,
Project Number 80065.
Meeting Date: 9/25/2012
Prepared By
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering&C
9/13/2012 8:47:21 AM
Submitted by
Title: VALUE MISSING
Name: RubertoTony
9/13/2012 8:47:24 AM
Approved By
Name: WilliamsBarry
Title: Director-Parks&Recreation,Parks&Recreation
Date: 9/13/2012 9:33:38 AM
Name: AlonsoHailey
Title: Operations Analyst,Public Service Division
Date: 9/13/2012 12:19:05 PM
Name: CummingsRhonda
Title: Contracts Specialist,Purchasing&General Services
Date: 9/13/2012 5:17:48 PM
Name: WardKelsey
Title: Manager-Contracts Administration,Purchasing&Ge
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9/25/2012 Item 16.D.8.
Date: 9/18/2012 9:28:48 AM lek
Name: WardKelsey
Title: Manager-Contracts Administration,Purchasing&Ge
Date: 9/18/2012 12:27:08 PM
Name: CarnellSteve
Title: Director-Purchasing/General Services,Purchasing
Date: 9/18/2012 1:57:00 PM
Name: PepinEmily
Title: Assistant County Attorney,CAO Litigation
Date: 9/18/2012 3:51:04 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/18/2012 4:11:09 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 9/18/2012 5:20:58 PM
Auk
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 9/18/2012 5:47:42 PM
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Contract#12-5868
On-Call CEI and Related Services for
Gordon River Greenway Park, Goodlette-Frank Road and Golden Gate Parkway
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
Q. Grady Minor & Associates, PA. authorized to do business in the State of Florida, whose
business address is 3800 Via Del Rey, Bonita Springs, Florida 34134 (hereinafter referred to as
the "CONSULTANT").
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Construction, Engineering
and Inspection (CEI) and related services of the CONSULTANT concerning On-Call CEI
Services for the Gordon River Greenway Park, Goodlette-Frank Road and Golden Gate
Parkway (hereinafter referred to as the "Project"), said services being more fully described in
Schedule A, "Scope of Services", which is attached hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
and
WHEREAS, the CONSULTANT represents that it has expertise in the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
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ARTICLE ONE Agrok
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Construction, Engineering and
Inspection (CEI) and related 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 Mark W. Minor, P.E. a qualified licensed professional to
serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project
Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the
CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
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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, ordinances, codes, rules, regulations and requirements of any
governmental agencies, including the Florida Building Code where applicable, which regulate or
have jurisdiction over the Project or the services to be provided and performed by
CONSULTANT hereunder. In the event of any conflicts in these requirements, the
CONSULTANT shall notify the OWNER of such conflict and utilize its best professional
judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of
the design documents in no way relieves CONSULTANT of its obligation to deliver complete
and accurate documents necessary for successful construction of the Project.
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1.8. 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 Auk,
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt
written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK
Ask
(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have
common naming conventions (i.e. right-of-way- ROW, centerlines - CL, edge-of-pavement-
EOP, etc), and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through an Amendment 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 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
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be approved in writing via an Amendment to this Agreement prior to starting such services.
OWNER will not be responsible for the costs of Additional Services commenced without such
express prior written approval. Failure to obtain such prior written approval for Additional
Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional
Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a
part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a
change in the Agreement is required because of the action taken by CONSULTANT in response
to an emergency, an Amendment shall be issued to document the consequences of the
changes or variations, provided that CONSULTANT has delivered written notice to OWNER of
the emergency within forty-eight (48) hours from when CONSULTANT knew or should have
known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above,
waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its
compensation or time of performance under this Agreement. The following services, if not
otherwise specified in Schedule A as part of Basic Services, shall be Additional Services:
2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
2.2. Services resulting from significant changes in the general scope, extent or character of
the Project or its design including, but not limited to, changes in size, complexity, OWNER'S
schedule or character of construction; and revising studies, reports, design documents or
Contract Documents previously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
reasonably anticipated prior to the preparation of such studies, reports or documents, or are due
to any other causes beyond CONSULTANT'S control and fault.
2.3 Providing renderings or models for OWNER'S use.
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2.4 Investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; and evaluating processes available for licensing and
OWNER in obtaining such process licensing.
2.5. Furnishing services of independent professional associates and consultants for other
than the Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by OWNER, other than visits to the Project site or OWNER's office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
2.9 Additional services rendered by CONSULTANT in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in Collier County as part of
the Basic Services in accordance with generally accepted professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S services for the Project. However, the Project Manager is not
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authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatever:
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by
the CONSULTANT for payment for services and work provided and performed
in accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to OWNER's
requirements for the Project, including design objectives and constraints,
space, capacity and performance requirements, flexibility and expandability,
and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings, specifications,
shop drawings, product literature, previous reports and any other data relative
to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under this
Agreement; and
(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.
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ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts
of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to
have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
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
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reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT until such time as the
CONSULTANT resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or
will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be
deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or
any other damages hereunder.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, 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
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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.
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
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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, Florida, as an additional insured as to the
operations of CONSULTANT under this Agreement and shall contain a
severability of interests provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse
against OWNER for payment of premiums or assessments for any
deductibles which all are at the sole responsibility and risk of
CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any
insurance or self-insurance program carried by OWNER applicable to this
Project, and the "Other Insurance" provisions of any policies obtained by
CONSULTANT shall not apply to any insurance or self-insurance program
carried by OWNER applicable to this Project.
9.3.4. The Certificates of Insurance, which are to be provided in the form
attached as Attachment I to Schedule D, must identify the specific Project
name, as well as the site location and address (if any).
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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.
9.3.6. All insurance policies to be provided by CONSULTANT pursuant to the
terms hereof must expressly state that the insurance company will accept
service of process in Collier County, Florida and that the exclusive venue
for any action concerning any matter under those policies shall be in the
appropriate state court situated in Collier County, 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 Alsw
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
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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 terms 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
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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 Asiot,,
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, and/or
(b) CONSULTANT'S failure to properly and timely perform the services to be provided
hereunder or as directed by OWNER, and/or (c) the bankruptcy or insolvency or a general
assignment for the benefit of creditors by CONSULTANT and/or by any of CONSULTANT'S
principals, officers or directors, and/or (d) CONSULTANT'S failure to obey any laws, ordinances,
regulations or other codes of conduct, and/or (e) CONSULTANT'S failure to perform or abide by
the terms and conditions of this Agreement, and/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
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portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty-five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
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
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portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs
supporting the compensation for CONSULTANT'S services to be provided under this
Agreement are accurate, complete and current at the time of the Agreement. The
CONSULTANT agrees that the original Agreement price and any additions thereto shall be
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
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CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following OWNER'S address of record:
Board of County Commissioners
Collier County Florida
Purchasing Department
3327 Tamiami Trail East
Naples, FL 34112
Attention: Joanne Markiewicz, Interim Purchasing/GS Director
Phone: 239-252-8407; Fax: 239-252-6583
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:
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Q. Grady Minor &Associates, PA
3800 Via Del Rey, Bonita Springs, Florida 34134
Telephone: 239/947-1144
Fax: 239/947-0375
Attn: Michael J. Delate, P.E.
mdelate @gradyminor.com
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER
and assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
oftek
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
L
the entire agreement between the parties hereto and shall supersede, replace and nullify any °'
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and all prior agreements or understandings, written or oral, relating to the matter set forth
herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
17.8 This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9 The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSULTANTS AND
SUBCONTRACTORS
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.
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ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement. At the time this Agreement is
executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate
identified in Article 13 and attached hereto and made a part hereof as Schedule E.
CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with
a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real
property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with
any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the
convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve . ;„a
disputes between the parties, the parties shall make a good faith effort to resolve any such
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disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision-making authority and by OWNER'S staff person who would make the
presentation of any settlement reached during negotiations to OWNER for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision-making authority and
by OWNER'S staff person who would make the presentation of any settlement reached at
mediation to OWNER'S board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2 Consultant Presentations
At the discretion of the County, the Consultant may be required to provide a brief update on the
Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per
contract term. Presentations shall be made in a properly advertised Public Meeting on a
schedule to be determined by the County Manager or his designee. Prior to the scheduled
presentation date, the Consultant shall meet with appropriate County staff to discuss the
presentation requirements and format. Presentations may include, but not be limited to, the
following information: Original contract amount, project schedule, project completion date and
any changes to the aforementioned since Notice to Proceed was issued.
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services _
Agreement for CEI and Related Services for On CEI and Related Services for Gordon River F.
Greenway, Goodlette-Frank Road and Golden Gate Parkway the day and year first written
above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Dwight E. Brock, Clerk
By:
Date: By:
Fred W. Coyle, Chairman
Approved as to form and
legal sufficiency:
Assistant County Attorney
Q. Grady Minor& Associates. PA
era
By:
Witness
Typed Name and Title
Typed Name and Title
Witness
Typed Name and Title
Ask
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SCHEDULE A
SCOPE OF SERVICES
On Call CEI Services for Gordon River Greenway Park, Goodlette-Frank Road
and Golden Gate Parkway
A. Scope of Services:
The project will consist of four (4) Segments. Segment 1 is the large parcel,
parks area is approximately 72 acres, conservation area is approximately 42
acres; Segment 2 is the large parking lot and kayak launch located off Goodlette-
Frank Road; Segment 3 is the entrance to the zoo site off Goodlette-Frank and
Fleischmann Blvd; Segment 4 is the road and parking lot off Golden Gate Pkwy.
Construction of the project will include (but not be limited to): exotic removal,
boardwalks, asphalt trail, bridges, parking lot with all storm drainage,
landscaping, lighting, toilet facilities, maintenance building, pavilions, shelters
and miscellaneous site work. Below is a summary of the project.
• Exotic removal, boardwalk, asphalt trail and bridges
• Zoo entrance and large parking lot
• Northeast entrance and small parking lot
• Estimated Budget: $9,000,000 million (to be determined by contractor
bids received in forthcoming solicitations)
• Estimated Project Duration: 18 months
• Estimated Construction start date: TBD
• Special Considerations: Coordination with zoo for scheduling the
construction of the large parking lot and entrance to zoo.
Q. Grady Minor& Associates, PA shall provide services for Segments 1 through
4 on an as-needed basis as may be required by the County. The award of this
Agreement shall not be a commitment to the Consultant that any work will be
awarded to the Consultant. Rather, the Agreement governs the rights and
obligations of the Quotation procedure outlined in the next paragraph and all
Work undertaken by the Consultant for the County pursuant to an Agreement
and that procedure during the term and any extension of the term of this
Agreement.
Prior to the issuance of a Purchase Order, the County shall provide a summary
of Work to be performed which will afford the Consultant the opportunity to
submit a formal Quotation for the Work; the Consultant shall respond with the
information sought within ten (10) working days. The Quotation shall be based
upon either an hourly rate or as a lump sum per task. The County will negotiate
favorable terms and conditions, and the County user Department will issue a
Purchase Requisition with the submitted Quotation as backup documentation for
subsequent issuance of a Purchase Order to the Consultant. The County Project
Manager or his designee will then issue a formal Notice To Proceed (NTP) to
initiate the services.
In each Request for Quotation, the County reserves the right to specify the period
of completion and the collection of liquidated damages in the event of late
completion.
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The services required by this contract shall include but not be limited to the
items/services described in this Scope of Services. The County shall order
services as required but makes no guarantee as to the quantity, number, type or
distribution of services that will be ordered or required by this contract.
I. Civil Engineer— Q. Grady Minor & Associates, P.A.
1. Pre-Bid/Contract Services: We will provide Pre-Bid/Contract
Services in conjunction with Collier County. We will review the bidding
documents and permits as part of the Engineer of Record transition.
As appropriate we will identify any area in which additional clarification
of the Contract Documents may be warranted. We will monitor the
bidding process, answer Contractors questions through Purchasing,
assist in preparation of addenda and assist in review of bids as
requested. We have included meetings with the County prior to
bidding and as needed through the bidding process. This task also
includes upfront work, sub-consultant coordination and project start up.
2. Pre-Construction Conference: We will coordinate and attend the
Pre-Construction Meeting with Collier County Growth Management
Division for the Site Development Permit aspects. We will coordinate
and conduct one or more Pre-Construction meetings with the
Contractor, County, other public and private utilities, County DOT,
SFWMD and other stake holders. We will coordinate with the
Contractor for his transfer of Permits to his name as appropriate and
application for permit for building and NPDES stormwater permits as
applicable. We will prepare Agenda and Minutes for these meetings.
File notice of commencement as required by permit. Conduct on-site
baseline inspection with SFWMD field representative.
3. Shop Drawing & Submittals Review: We will receive all shop
drawings & submittals from the Contractor. These documents will be
logged in upon receipt, distributed, and returned to the Contractor. We
will distribute these shop drawings and submittals to Collier County
and Team Members for review. We will provide review of all materials,
coordinate other reviews, corrections, rejections and/or approvals.
4. Request for Information: We will receive all RFI's from the
Contractor. These will be logged in upon receipt. We will review these
RFI's and in conjunction with the County address them as appropriate.
All responses to RFI's will be forwarded to the County for review.
5. Construction Progress Meetings: We will coordinate bi-weekly
Construction Progress Meetings with the Contractor, major
subcontractors, County, other Team Members, other utilities and
regulatory agencies and other stakeholders as appropriate. We will
prepare (in consultation with the Contractor and County) and distribute
an Agenda prior to the meeting, conduct the meeting, prepare minutes
and distribute the minutes. As appropriate we will follow up on Action
Items generated from the meetings. During periods of heavy
construction we will conduct weekly meetings with the Project
Manager, Inspector and Contractor. These will be held on alternate
weeks from the regular construction meetings.
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6. Detailed Observation: We will provide observations of construction
during the 56 week construction period. Currently it is assumed that
work will be limited to 40 hours per week. We will review
workmanship, construction methods and materials for general
conformance with the construction documents (as may be modified via
work directive change order) and issued site and building permits. We
will coordinate with regulatory agencies for their on-site observation
and inspection. We will keep a log of these observations and
inspections and provide a weekly report of their findings and comments
to the County and Contractor. We will issue inspection reports of site
activities and supplement with still photographs and video recording as
appropriate. We will supplement these regular observations of
construction with specialized observation as needed. As necessary,
we will be present during night operation during construction and
testing. This would include structural inspection, soils inspection, de-
mucking observation, etc. Separate written reports will be provided at
the times of these observations.
We will maintain a separate set of red-line plans of any minor changes
or field adjustments of construction. On a monthly basis these red-
lines will be reviewed and compared with the Contractor's red-lines.
7. Application for Payment: We will review and approve Contractors
Monthly Applications for Payment. We anticipate that the Contractor
will submit a "Pencil" copy for review by ourselves and the County prior
to the official Application being received. At completion of the Project,
we will coordinate the completion of the final payment checklist and
review for approval of final payment request (in consultation with the
County).
8. Work Directives/Change Orders: We will monitor construction and
when necessary prepare Work Directives for any unforeseen
conditions or if clarification of the construction documents is needed for
immediately. As these conditions occur we will immediately notify the
County. We will assist in any cost determination and negotiations as
needed. If the needed directive is a result of a design deficiency the
Design Engineer will be given the opportunity to make the correction
and provide direction. If they cannot or will not then we will perform
design and prepare a plan and directive. As appropriate these Work
Directives will be incorporated into a Change Order. If necessary, we
will assist in the preparation and negotiation of any Change Orders that
may be required. We will coordinate these issues with the Contractor
and the County as appropriate.
9. Substantial Completion: As requested by the Contractor we will
coordinate the substantial completion walk through and system start-
ups with the Contractor, major subcontractors, equipment suppliers,
County and other design professionals. Upon completion of start-up
we will assemble all documents and issue a report concerning it.
As construction reaches substantial completion, we will coordinate with
the Contractor and the County for a substantial completion inspection.
(We will coordinate with other regulatory agencies and their inspectors
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as appropriate.) If deemed substantially complete a project punch list
will be developed. This punch list will be maintained for its completion.
10.Record Drawings: We will prepare the project record drawings. The
record drawings will be an accurate compilation of our progressive red-
lined as-builts, information from our inspection reports, the contractor's
red-line as-builts, the sub-consultants red-lined as-builts and the record
survey. We will certify the Record Drawings as "Engineer of Record".
11.Operation & Maintenance Manual: We will assemble and prepare
the Operation and Maintenance Manual. The manual will include
manufacturer's information, owner's manuals, shop drawings, warranty
information and operation and maintenance directions for each
element of the project.
12.Project Closeout: We will assist in close-out of the Project. This shall
include coordination of the final inspection as punch list items are
complete. It shall also include coordination with the County Building
Department for their final inspection and certificate of occupancy. We
will close-out the FDEP and site permits.
We will deliver to the County original certificates, certified record
drawings, final inspection log book and the Operation and Maintenance
Manual in paper form and on disk in PDF format.
13.Warranty Assistance: We will assist Collier County during the one
(1) year warranty period from the date of final acceptance. As
necessary during the one (1) year period, we will respond to County
concerns and issues and coordinate as appropriate for Contractor
action. At the ten (10) month mark, we will coordinate and conduct a
warranty inspection with the Contractor and County. Any identified
deficiencies will be noted on a list for Contractor action.
II. Architect—Victor Latavish, AIA
Victor Latavish will provide expert services in assisting Q. Grady Minor &
Associates, P.A. complete the foregoing scope of services related to
architectural elements of the project.
Latavish will focus on the park pavilions, shade structures, restrooms,
maintenance building, dumpster enclosures and boardwalk maintenance
stairs.
Ill. Environmental — Collier Environmental Consultants
Collier Environmental Consultants, Inc. (CECI) will provide expert services
in assisting Q. Grady Minor & Associates, P.A. complete the foregoing
scope of services related to environmental and biological elements of the
project.
CECI will perform the following specific tasks in addition to assisting us.
1) Conduct complete assessment of plans and permits. Prepare and
submit the Baseline Monitoring Report as per permit conditions (14
transects per permit exhibit).
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Consult with County and Contractor on evidence of existing Gopher
Tortoise Burrows.
Supervise placement of Gopher Tortoise fencing.
Supervise the excavation of Gopher Tortoise burrows and the
extraction and relocation of the animals.
Supervise the care and duration of captive animals.
2) Coordinate and participate in the pre-Construction inspection for listed
species along with the Contractor. Coordination with SFWMD and
ACOE regarding the pre-approval of exotic species treatment and
eradication methodology.
3) Monitor and inspect Exotic Plant Treatment and Removal.
4) Monitor and inspect Mangrove Creation Planting.
5) Prepare the time zero monitoring report upon completion of exotic
vegetation removal.
6) Prepare and submit the first semi-annual monitoring report.
7) Prepare and submit the first annual monitoring report.
III.R Environmental Reports — Collier Environmental Consultants,
Inc. to include the following:
R1. Baseline Monitoring Report
R2. Time Zero Monitoring Report
R3. Semi-annual Data Collection and Report
R4. First-annual Monitoring Report
III.T Environmental Services related to Gopher Tortoise
Relocation
T1.Supervise placement of fencing
T2.Supervise the excavation of 56 burrows, extraction and relocation
of the animals
T3.Supervise the care and duration of captive animals
IV. MEP Engineer/Consultant— Hollis Engineering
Hollis Engineering will provide expert services in assisting Q. Grady Minor
& Associates, P.A. complete the foregoing scope of services related to
mechanical, electrical and plumbing elements of the project. Hollis will
review submittals, provide clarifications and attend meetings as
necessary. They will provide inspection services for the pump stations
and buildings.
V. Structural Engineer/Consultant— Bob Rude Structures
Bob Rude Structures will provide expert services in assisting Q. Grady
Minor & Associates, P.A. complete the foregoing scope of services related
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to the structural elements of the project. Rude will review submittals,
provide clarifications and attend meetings as necessary. Rude will
perform inspection services for the bridges, building and structures related
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to the structural elements.
VI. Geotechnical Engineer/Consultant—YPC Consulting
YPC Consulting will provide expert services in assisting us to oversee the
de-mucking process and in the review of Contractors' soil test results.
VII. Reimbursable Expenses
VIII. AGREEMENT MANAGEMENT:
General:
• With each monthly invoice submittal, the Consultant will provide
a Status Report for the Agreement. This report will provide the an
accounting of the additional Agreement calendar days allowed to
date, an estimate of the additional calendar days anticipated to
be added to the original schedule time, an estimate of the
Agreement completion date, and an estimate of the Consultant
funds expiration date per the Agreement schedule for the prime
Consultant and for each sub-consultant. The Consultant will
provide a printout from the Equal Opportunity Reporting System
showing the previous month's payments made to sub-
consultants. Invoices not including this required information may
be rejected. Amok
• When the Consultant identifies a condition that will require an
amendment to the Agreement, the Consultant will communicate
this need to the Construction Project Manager for acceptance.
Upon acceptance, prepare and submit an Amendment Request
(AR), and all accompanying documentation to the Construction
Project Manager for approval and further processing. The AR is
to be submitted at such time to allow the County 12 weeks to
process, approve, and execute the AR. The content and format
of the AR and accompanying documentation shall be in
accordance with the instructions and format to be provided by
the County.
• The Consultant is responsible for performing follow-up activities
to determine the status of each Amendment Request submitted
to the County.
IX. Invoicing Instructions:
Monthly invoices shall be submitted to Collier County in a format approved
by Collier County, no later than the 20th day of the month following the
month being invoiced.
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If the CONSULTANT cannot submit their monthly invoice on time, the
CONSULTANT shall notify Collier County, prior to the due date the reason
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for the delay and the planned submittal date. Once submitted, the
CONSULTANT shall notify the Construction Project Manager via Email of
the total delay in calendar days and the reason(s)for the delay(s).
All invoices shall be submitted to Collier County in hard copy format.
a. OTHER SERVICES:
Upon written authorization by the Construction Project Manager, the
Consultant will perform additional services in connection with the project
not otherwise identified in this Agreement. The following items are not
included as part of this Agreement, but may be required by the County to
supplement the Consultant services under this Agreement.
A. Assist in the timely preparation of all claims and necessary
rebuttals with the organization of any and all supporting
documentation as needed or required by Collier County pursuant to
the Collier County Dispute Resolution Procedures.
B. Provide qualified engineering witnesses and exhibits for any
litigation or hearings in connection with the Contract.
C. Assist the County Attorney or his designee as may be required.
D. Provide on- and off-site inspection services in addition to those
provided for in this Agreement.
b. POST CONSTRUCTION CLAIMS REVIEW:
In the event the Consultant for the project submits a claim for additional
compensation and/or time after the CONSULTANT has completed this
Agreement, the CONSULTANT shall, at the written request from Collier
County, analyze the claim, prepare a recommendation to the Construction
Project Manager covering validity and reasonableness of charges, and/or
assist in negotiations leading to settlement of the claim. Compensation
will be separately reimbursed by a Supplement to this Agreement.
c. CONTRADICTIONS:
In the event of a contradiction between the provisions of this Scope of
Services and the Consultant's proposal as made a part of this Agreement,
the provisions of the Agreement shall apply.
d. COUNTY AUTHORITY
The County shall be the final authority in considering modifications to the
Construction Contract for time, money or any other consideration except
matters agreed to by the Contractor through contract changes negotiated
by the Consultant, as authorized in Section 9.1 herein.
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9/25/2012 Item 16.D.8.
SCHEDULE B
BASIS OF COMPENSATION
Amok
TIME AND MATERIAL
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice, a progress report reflecting the Project 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:
Tony Ruberto, Senior Project Manager, Facilities Management Department
32885 South Horseshoe Drive
Naples, Florida 34112
(239) 252-4038
tonyruberto @colliergov.net
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 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 DESCRIPTION NOT TO EXCEED
AMOUNT:
I. On Call CEI Services to include $ 174,965.00 Time and Materials
subtasks 1 — 13 Not to Exceed
II. Architectural Services during $ 59,090.00 Time and Materials
construction Not to Exceed
III. Environmental Consulting $ 19,990.00 Time and Materials
Services Not to Exceed
III.R. Environmental Reports $ 34,430.00 Time and Materials
Not to Exceed
III.T Environmental Gopher Tortoise $ 18,040.00 Time and Materials
Relocation Not to Exceed
IV. MEP Engineering Services $ 13,580.00 Time and Materials
during construction Not to Exceed
V. Structural Engineering Services $ 13,200.00 Time and Materials
during construction Not to Exceed
VI. Geotechnical Engineering $ 14,520.00 Time and Materials
Services during construction Not to Exceed
VII. Reimbursables $ 51,000.00 Time and Materials
TOTAL FEE (Total Items I - $ 359,745.00
VII)
B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive)
paid to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll
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related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in
the Attachment B to this Schedule B.
B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time
records, and any other documentation reasonably required by OWNER, regarding
CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved
by OWNER.
B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, 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 B to
this Schedule B and all Reimbursable Expenses shall comply with the provisions of Section
3.5.1 below. There shall be no overtime pay on Basic Services or Additional Services without
OWNER'S prior written approval.
B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed under
the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies
and out-of-pocket expenses incurred in the performance of all such services.
B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for Services
performed under this Agreement, CONSULTANT shall continue to perform the Services
required of it under this Agreement, as directed by OWNER, pending resolution of the dispute
provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not
dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services
and Additional Services during the subject billing month. Notwithstanding anything herein to the
contrary, the CONSULTANT shall submit no more than one invoice per month for all fees and
Reimbursable Expenses earned that month for both Basic Services and Additional Services.
Invoices shall be reasonably substantiated, identify the services rendered and must be
submitted in triplicate in a form and manner required by Owner. Additionally, the number of the
purchase order granting approval for such services shall appear on all invoices.
B.3.2. 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
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.
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.
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B.3.5 Unless specific rates have been established in Attachment B, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized
by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum
markup of 5% on the fees and expenses associated with such subconsultants and
subcontractors.
B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the
CONSULTANT, and shall consist only of the following items:
B.3.5.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and Specifications.
B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by OWNER. Such expenses, if
approved by OWNER, may include coach airfare, standard accommodations and meals, all in
accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may
include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such
trips within Collier and Lee Counties are expressly excluded.
B.3.5.1.3. Permit Fees required by the Project.
B.3.5.1.4 Expense of overtime work requiring higher than regular rates
approved in advance and in writing by OWNER.
B.3.5.1.5 Expense of models for the County's use.
B.3.4.1.6 Other items on request and approved in writing by the OWNER.
B.3.5.2 Should a conflict exist between the dollar amounts set forth in Section 112.061, F.S.,
and the Agreement, the terms of the Agreement shall prevail.
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9/25/2012 Item 16.D.8.
SCHEDULE B - ATTACHMENT A
SCHEDULE OF FEES FOR BASIC SERVICES
On Call CEI Services for Gordon River Greenway Park, Goodlette-Frank Road and Golden Gate
Parkway
Task I. On-Call Construction, Engineering and Inspections Services: Time and Materials
Not to Exceed $ 174,965.00
1. Pre-Bid/Contract Services
2. Pre-Construction Conference
3. Shop Drawings & Submittal Review
4. Request for Information
5. Construction Progress Meeting
6. Detailed Observation
7. Application for Payment
8. Work Directives/Change Orders/EOR
9. Substantial Completion
10.Record Drawings
11.Operation & Maintenance Manual
12.Project Closeout
13.Warranty assistance
Task II. Architectural Services during Constuction: Time and Materials Not to exceed
$59,090.00
Task III. Environmental Consultant Services during Construction: Time and Materials
Not to exceed $79,390.00
Including the following subtasks:
III.R Environmental Reports
(Time and Material Not to Exceed $34,430)
R1. Baseline Monitoring Report
R2. Time Zero Monitoring Report
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R3. Semi-annual Data Collection Report
R4. First-annual Monitoring Report Ask
III.T Environmental Services Related to Gopher Tortoise Relocation
(Time and Materials Not to Exceed $24,970.00)
T1. Supervise placement of fencing
T2. Supervise the excavation of 56 burrows, extraction and relocation of the
animals
T3. Supervise the care and duration of captive animals
Task IV. MEP Engineering Services during Construction: Time and Materials Not to
exceed $13,580.00
Task V. Structural Engineering Services during Construction: Time and materials: Not
to exceed $13,200.00
Task VI. Geotechnical Engineering Services during Construction: Time and materials:
Not to exceed $14,520.00
Task VII. Reimbursable Expenses: Time and materials: Not to exceed $ 5,000.00
Total for Items I through VII $ 359,745.00
-Due to the nature of a large construction project, while the total dollar amount might remain the
same, there may be some fluctuation in the task categories calculations.
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9/25/2012 Item 16.D.8.
SCHEDULE B -ATTACHMENT B
CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE
On Call CEI Services for Gordon River Greenway Park, Goodlette-Frank Road and Golden Gate
Parkway
Title Hourly Rate
Principal $ 155.00/hr
Senior Project Manager $ 135.00/hr
Project Manager $ 125.00/hr
Environmental Engineer II $ 125.00/hr
Architectural Engineer $ 125.00/hr
MEP Engineer $ 125.00/hr
Structural Engineer $ 125.00/hr
Geotechnical Engineer $ 125.00/hr
Surveyor/Mapper $ 125.00/hr
Survey Crew— 2 Man $ 115.00/hr
Environmental/Field Administrator $ 110.00/hr
Senior Inspector $ 75.00/hr
Inspector $ 65.00/hr
Senior Designer $ 95.00/hr
Environmental Technician $ 95.00/hr
Designer $ 85.00/hr
CAAD Technician $ 75.00/hr
Administrative Assistant $ 55.00/hr
END OF SCHEDULE B.
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9/25/2012 Item 16.D.8.
SCHEDULE C
PROJECT SCHEDULE
On Call CEI Services for Gordon River Greenway Park, Goodlette-Frank Road and Golden Gate
Parkway
Task I. On-Call Construction, Engineering and Inspections Services — Estimated 266 days
Task II. Architectural Services during Construction — Estimated 60 days
Task Ill. Environmental Consultant Services during Construction including Environmental
Reports and Environmental Services related to Gopher Tortoise relocation— Estimated 90
days
Task IV. MEP Engineering Services during Construction — Estimated 14 days
Task V. Structural Engineering Services during Construction — Estimated 14 days
Task VI. Geotechnical Engineering Services during Construction — Estimated 16 days
Task VII. Reimbursable Expenses: TBD
Ark
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SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements
or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any
of the below listed minimum required coverages, CONSULTANT must identify on the Certificate
of Insurance the nature and amount of such self-insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the services until the date of completion and acceptance of the Project by the OWNER or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the
OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages
and limits required hereunder. In addition, certified, true and exact copies of all insurance
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
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shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy. Atsow
(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.
Asew
(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 Amok
CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
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of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure
of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a
material breach by CONSULTANT and OWNER may terminate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? X Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
X $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER and the
policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
Applicable X Not Applicable
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(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
Applicable X Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? X Yes No
(1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance
by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the
following:
General Aggregate $300,000
Products/Completed Operations Aggregate $300,000
Personal and Advertising Injury $300,000
Each Occurrence $300,000
Fire Damage $ 50,000
General Aggregate $500,000
Products/Completed Operations Aggregate $500,000
Personal and Advertising Injury $500,000
Each Occurrence $500,000
Fire Damage $ 50,000
X General Aggregate $1,000,000
Products/Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage $ 50,000
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9/25/2012 Item 16.D.8.
(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 shall be named as an Additional Insured and the policy shall be
endorsed that such coverage shall be primary to any similar coverage carried by the OWNER.
(4) Coverage shall be included for explosion, collapse or underground property damage
claims.
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Applicable X Not Applicable
(7) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Applicable X Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? X Yes No
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9/25/2012 Item 16.D.8.
(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 Amok
than: :.
Bodily Injury & Property Damage - $ 500,000
X Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? X Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under
this insurance. Such insurance shall have limits of not less than:
$ 500,000 each claim and in the aggregate
X $1,000,000 each claim and in the aggregate
Aiktok
$2,000,000 each claim and in the aggregate
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9/25/2012 Item 16.D.8.
$5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Notwithstanding anything herein to the contrary, in no event shall the policy
deductible be greater than $50,000 each claim. Deductibles in excess of that amount shall
require the prior written approval of the Risk Management Director or his/her designee, at their
discretion.
(3) The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to OWNER of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material
change in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1) CONSULTANT shall purchase valuable papers and records coverage for plans,
specifications, drawings, reports, maps, books, blueprints, and other printed documents in an
amount sufficient to cover the cost of recreating or reconstructing valuable papers or records
utilized during the term of this Agreement.
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9/25/2012 Item 16.D.8.
PROJECT PROFESSIONAL LIABILITY
(1) If OWNER notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and
OWNER'S insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT'S professional
liability policy. If no credit is available from CONSULTANT'S current professional policy
underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next
renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent
professional liability policies that renew during the term of the project policy). CONSULTANT
agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for
the provision of project-specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured
consultants.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
c. Current deductibles/self-insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
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SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Q. Grady Minor & Associates, PA 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 Consulting, Engineering and Inspection
(CEI) and Related Services for On Call CEI Services for Gordon River Water Quality Park,
Goodlette-Frank Road and Golden Gate Parkway, are accurate, complete and current as of
the time of contracting.
Q. Grady Minor& Associates, PA
BY:
TITLE:
DATE:
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SCHEDULE F
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
Consultant— Q. Grady Minor & Associates, PA
Mark W. Minor, PE Principal
Michael J. Delate Senior Designer
Michael J. Delate Project Manager
David w. Schmitt, PE Project Manager
D. Brent Addison, PE Engineer
Mark Miller Senior Inspector
Matt Ochs Inspector
Dodi Raudenbush Senior Designer
Chris Newman Designer
Kevin Miller CADD Tech
Kim Scher Administrative Assistant
Donald Saintenoy Surveyor/Mapper
Jake Schmidt Party Chief, Survey Crew
Zach Bedard Instrument Man, Survey Crew
Sub-Consultants
Victor Latavish Architect, PA Architect
Collier Environmental Consultants, Inc. Environmental Consultant
Hollis Engineering Consultants, Inc. MEP Engineer
Bob Rude Structures, Inc. Structural Engineer
YPC Consulting Group, PL Geotechnical Engineer
isAks
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