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Backup Documents 06/22/2010 Item #16A1916A19 1-1 104► to] .7\►1111102 Date: July 23, 2010 To: Rhonda Cummings, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #10 -5456: Oil Well Road Verification Testing Services Contractor: AIM Engineering & Surveying, Inc. Attached is an original contract document, referenced above, (Item #16A19) approved by the Board of County Commissioners on Tuesday, June 22, 2010. The second original will be held on file in the Minutes and Records Department as part of the Board's official record. If you have any questions, please contact me at 252 -8406. Thank you. Attachment ITEM NO.:) U�NL^ a" FILE NO.: ROUTED TO: 29 ik ': �6A 19 DATE ECEIVED: � 33 ,peMo- a- ll�. _ YS DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES /1 Date: July 20, 2010 i 5v' To: County Attorney's Office Attention: Jeff Klatzkow From: Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department, Extension 8941 Re: Contract: 10 -5456 "Verification Testing Services —Oil Well Road" Contractor: AIM Engineering & Surveying, Inc. BACKGROUND OF REQUEST: This Contract was approved by the BCC on June 22, 2010; Agend Item 16.A.19 This is a standard contract with no changes. This item was not previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to the BCC for signature after approval. If there are any questions concerning the document, please contact me. Thank you. C: Kevin H. Dugan, Growth Management 1ti�'t 0 L L RLS i {__toy 1mC_ C, J( &� gCIIECKT IST FOR REVIMING CONTRACTS Entity Name:._.. V '�_ (_ ne�('1 W 7t 'Z� Q_ `u t v A Entity name correct on contract? Yeas' _ No 1 6 A Entity registered with FL Sec, of State'? Yes No ,j Insurance Insurance Certificate attached? Insured registered in Florida? Contract &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ Products /Compl/Op Required $ Personal & Advert Required Each Occurrence Required $_ Fire/Prop Damage Required $ J�1C Automobile Liability C Bodily Inj & Prop Required $ J _D Workers Compensation Each accident Required $ yam, Disease Aggregate Required $ _1 Disease Each Empl Required $ ` J Umbrella Liability Each Occurrence Provided $5mi� Aggregate Provided $ r t Does Umbrella sufficiently cover any underinsured portion? No _ -- No _ No Ycs _No Provided I m, Provided $ Provided Provided Provided $ Provided $._ ��_ Provided$ 1'rnik Provided $ Provided $ Exp. Date_ l� Exp. Date Exp. Date t 1 Exp. Date _ Exp. Date Exp Date % I2,5 / Exp Date _- 1 JA I Exp Date ��t Exp Date Exp Date _ y I� l j Exp Date Tt r o Yes No Professionat Lrabohy Each Occurrence Required $1__ -i\, Provided $__ t I I Exp. Date r Per Aggregate Required $ tr '_ /_ Provided $r t If Exp. Date, Otherinsurance Each Occur Type: Required $ _ _ _ Provided $__ _ Exp Date County required to be named as additional insured? _V Y No County named as additional insured? es No Indemnification Does indemnification meet County standards? Yes N Is County indemnifying other party? Yes 1� No Performance Bond Bond requirement referenced in contract? Yes No If attached, expiration date of bond _ Does dollar amount match contract? ___Yes No Agent registered in Florida? Yes No Signature Blocks Correct executor name in signature block 7 Y" s No Correct title of executor? �s _No Executor authorized to sign for entity? �� No Proper number of witnesses/notary? h'es _No Authorization for executor to sign, if necessary: ____ Chairman's signature block? No Clerk's attestation signature block? nGy_ _ No County Attorney's signature block? No Attachments Are all required attachments included? LIZYCs No ////f Reviewer Initials: Date_ 222 _ G4- COA -01 30 MEMORANDUM TO: Ray Carter c� Risk Management Department � FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department DATE: July 20, 2010 RE: Review of Insurance for Contract: 10 -5456 "Verification Testing Services —Oil Well Road" Contractor: AIM Engineering & Surveying, Inc. This Contract was approved by the BCC on June 22, 2010; Agenda Item 16.A.19 Please review the Insurance Certificates for the above referenced contract. If you have any questions, please contact me at extension 8941. Thank you. dod /RC C: Kevin H. Dugan, Growth Management DATE RECEIVED JUL 2 0 2010 RISK 141 i '1 • www.sunbiz.org - Department of State Home Contact Us E- Filing Services Document Searches Previous on List Next on List Events No Name History Detail by Entity Name Florida Profit Corporation AIM ENGINEERING & SURVEYING, INC Filina Information Document Number L80948 FEI /EIN Number 650197775 Date Filed 06/18/1990 State F Status A IVE Last Event AME ENT Event Date Filed /02/2010 Event Effective Date NONE Principal Address 5300 LEE BOULEVARD BOX 1235 LEHIGH ACRES FL 33971 US Changed 04/23/1993 Mailina Address Return To List P.O. BOX 1235 LEHIGH ACRES FL 33971 US Changed 03/20/2009 Registered Agent Name & Address HULL, JERRON K 5300 LEE BOULEVARD LEHIGH ACRES FL 33971 US Name Changed: 04/02/2001 Address Changed: 04/26/1995 Officer /Director Detail Name & Address Title P HULL, JAMES D 5300 LEE BLVD LEHIGH ACRES FL Title T LEVY, TRACY 5300 LEE BOULEVARD 1 d PagA o 3 Forms Help Entity Name Search Submit http: / /www. sun biz. org /scripts /cordet.cxe ?action =D ETF I L &i nq_doc_numbcr= L80948 &inq... 5/26/2010 wcvw.sunbiz.org - Department of State LEHIGH ACRES FL 33971 Title V HULL, JADON 5300 LEE BLVD LEHIGH ACRES FL 33971 Title VS HULL, JERRON K 5300 LEE BLVD LEHIGH ACRES FL Title V POTTER, ROBERT L 5300 LEE BLVD LEHIGH ACRES FL 33971 US Title V CHIN, FRANCIS R 5300 LEE BLVD LEHIGH ACRES FL 33971 US Annual Reports Report Year Filed Date 2008 04/21/2008 2009 03/20/2009 2010 02/03/2010 Document Images 04/02/2010 -- Amendment View image in PDF format 02/03/2010 -- ANNUAL REPORT View image in PDF format 10/05/2009 -- Amendment View image in PDF format 04/01/2009 -- Amendment View image in PDF formal 03/20/2009 --ANNUAL REPORT View image in PDF format. 04/21/2008 ANNUAL REPORT View image. in PDF format 01/12/2007 -- ANNUAL REPORT View image in PDF format 05/12/2006 -- Amendment View image in PDF format 05/02/2006 -- ANNUAL REPORT View image in PDF format 03/17/2005 --ANNUAL REPORT View image in PDF format 03/05/2004 -- ANNUAL REPORT View image in PDF format 02/17/2003 -- ANNUAL REPORT View image in PDF format 04/17/2002 -- ANNUAL REPORT View image in PDF format 04/02/2001 --ANNUAL REPORT View image in PDF format 04/18/2000 -- ANNUAL REPORT View image in PDF format 04/26/1999 — ANNUAL REPORT r View image in PDF format 05/20/1998 -- ANNUAL REPORT View image in PDF format 03/11/1997 -- ANNUAL REPORT View image in PDF format 04/16/1996 —ANNUAL REPORT View image in PDF format Page 2 of 3 16A19 littp: / /www.sunbiz.org/ scripts /cordet.exe ?action= DE'FFIL &inq doc_numbe— L80948 &inq... 5/26/2010 www.sunbiz.org - Department of State 04126/1995 -- ANNUAL REPORT View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Events No Name History I Home I Contact us I Document Searches I E -Filinq Services I Forms I Belo I Cooynght and Privacy Policies Copyright C) 2007 State of Florida, Department of State. Page 3 of 3 16A19 Entity Name Search Submit bttp: / /www.sunbiz.org/ scripts /cordet.exe ?action =DE'FFI L &inq_doe_numbet= L80948 &inq... 5/26/2010 16A 19 I hereby certify that the foregoing Written Resolution of the Board of Directors of AIM Engineering & Surveying, Inc., dated May 21, 2010 is a true and correct copy. (Mary) Printed Name: Elisabeth A. Norton My Commission Expires 511812013 Seal: ELISABETH A. NORTON MYLOMMISSION 0 DD 688664 EXPIRES: May 16, 2013 bonded ihm Budget Ik &'ices 16A 19 WRITTEN RESOLUTION OF THE BOARD OF DIRECTORS OF AIM ENGINEERING & SURVEYING, INC. The undersigned, being the sole director of AIM Engineering & Surveying, Inc., hereby takes the following actions in lieu of a meeting, pursuant to the authority of the Florida General Corporation Act: RESOLVED that James D. Hull is hereby authorized and empowered to enter into on behalf of the Corporation and contracts he deems necessary and proper to carry out the business of the Corporation. He is further authorized to execute other such documents as are necessary to secure such contracts in the name and on the behalf of the Corporation. RESOLVED that Jerron K. Hull is hereby authorized and empowered to enter into on behalf of the Corporation and contracts he deems necessary and proper to carry out the business of the Corporation. He is further authorized to execute other such documents as are necessary to secure such contracts in the name and on the behalf of the Corporation. RESOLVED that Jodon D. Hull is hereby authorized and empowered to enter into On behalf of the Corporation and contracts he deems necessary and proper to carry out the business of the Corporation. He is further authorized to execute other such documents as are necessary to secure such contracts in the name and on the behalf of the Corporation. RESOLVED that Robert L Potter is hereby authorized and empowered to enter into on behalf of the Corporation and contracts he deems necessary and proper to carry out the business of the Corporation. He is further authorized to execute other such documents as are necessary to secure such contracts in the name and on the behalf of the Corporation. RESOLVED that Francis Chin is hereby authorized and empowered to enter into On behalf of the Corporation and contracts he deems necessary and proper to carry out the business of the Corporation. He is further authorized to execute other such documents as are necessary to secure such contracts in the name and on the behalf of the Corporation. RESOLVED that Tracy Levy is hereby authorized and empowered to enter into on behalf of the Corporation and contracts she deems necessary and proper to carry out the business of the Corporation. She is further authorized to execute other such documents as are necessary to secure such contracts in the name and on the behalf of the Corporation. 16A19 RESOLVED that Michael R. Adams is hereby authorized and empowered to enter into on behalf of the Corporation and contracts he deems necessary and proper to carry out the business of the Corporation. He is further authorized to execute other such documents as are necessary to secure such contracts in the name and on the behalf of the Corporation. RESOLVED that Thomas O. Deer is hereby authorized and empowered to enter into on behalf of the Corporation and contracts he deems necessary and proper to carry out the business of the Corporation. He is further authorized to execute other such documents as are necessary to secure such contracts in the name and on the behalf of the Corporation. RESOLVED that Jack Ruskai is hereby authorized and empowered to enter into on behalf of the Corporation and contracts he deems necessary and proper to carry out the business of the Corporation. He is further authorized to execute other such documents as are necessary to secure such contracts in the name and on the behalf of the Corporation. RESOLVED that Lee Flynn is hereby authorized and empowered to enter into On behalf of the Corporation and contracts he deems necessary and proper to carry out the business of the Corporation. He is further authorized to execute other such documents as are necessary to secure such contracts in the name and on the behalf of the Corporation. RESOLVED that Sean Donahoo is hereby authorized and empowered to enter into on behalf of the Corporation and contracts he deems necessary and proper to carry out the business of the Corporation. He is further authorized to execute other such documents as are necessary to secure such contracts in the name and on the behalf of the Corporation. RESOLVED FURTHER, that the sole Director of the Corporation be, and hereby is, authorized to execute this written action, and that upon such execution, this written action be and as of that time, it hereby be approved and adopted as the act and deed of the Board of Directors of this Corporation. Dated: May ZI , 2010 RESOLVED FURTHER, that the following officers are duly qualified and actin 6A 19 Officers of the Corporation: Name -- Si nature - - -- - Office -- -- James D. Hull President Jerron K. Hull — — — - -— Vice- President Secretary Jadon D. Hull -_ i Vi-- ce- President Tracy A. Levy / �/ Vice-President/Treasurer_ Michael R. Adams Vice- President 1 Francis R. Chin j Vice- President Robert L. Potter Vice - President Thomas O. Deer Vice- President Jack Ruskai --ry Vice_President Bernard Lee Flynn, III J Vice - President LSean Donahoo L Vice- President RESOLVED FURTHER, that the sole Director of the Corporation be, and hereby is, authorized to execute this written action, and that upon such execution, this written action be and as of that time it hereby is approved and adopted as the act and deed of the Board of Directors of this Corporation. Dated: May ��, 2010 /*niesD. Hull, Director 16A19 Contract 10 -5456 Verification Testing Services - Oil Well Road PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this -R- `day of 2010, 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 AIM Engineering & Surveying, Inc., authorized to do business in the State of Florida, whose business address is 5300 Lee Boulevard, Lehigh Acres, Florida 33970 (hereinafter referred to as the "CONSULTANT'). WHEREAS, the OWNER desires to obtain the professional consulting verification testing services of the CONSULTANT concerning Oil Well Road (hereinafter referred to as the "Project'), said services being more fully described in Schedule A, "Scope of Services ", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: NSA 16A 19 ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional verification testing 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 Thomas O. Deer, PE, a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator "). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote PSA 2 16A19 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. PSA 3 16 A 19 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 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real -Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right -of -way - ROW, centerlines - CL, edge -of- pavement - EOP, etc), and adhere to industry standard CAD specifications. PSA 4 16A 19 ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to this Agreement prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty -eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty -eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: PSA 5 16A 19 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. rsA 6 16A19 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 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; SA 7 16A 19 (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. 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 PSA 8 16A 19 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 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. rsA 9 16A 19 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 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 NSA 10 16 A 19 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 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. NSA 16A19 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 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 state: 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. NSA 12 16A 19 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 E 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 E. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule E. All personnel, subconsultants and subcontractors identified in Schedule E 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. Psn 13 't16A19 Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub - subconsultants or sub - subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other rsn 14 16A 19 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 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. vsn 15 16A 19 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty -five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. NSA 16 16A19 ARTICLE THIRTEEN CONFLICT OF INTEREST 13.1. 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 FOURTEEN MODIFICATION 14.1. 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 FIFTEEN NOTICES AND ADDRESS OF RECORD 15.1. 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, Building H 3301 Tamiami Trail East Naples, Fl. 34112 Attention: Stephen Y. Carnell, Purchasing /General Services Director Fax: 239 - 732 -0844 15.2. 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: PSA 17 16A 19 AIM Engineering & Surveying, Inc. 5300 Lee Boulevard Lehigh Acres, FL 33970 -1235 Phone: 239-332-4569; Fax: 239-332-8734 Attn: Tracy Levy, Vice President 15.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SIXTEEN MISCELLANEOUS 16.1. 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. 16.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 16.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 16.4. 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. 16.5. 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. 16.6. 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 PSA 18 16A 19 herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 16.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 16.8 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. 16.9 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 KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS ARTICLE SEVENTEEN APPLICABLE LAW 17.1. 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. NSA 19 16A 19 ARTICLE EIGHTEEN SECURING AGREEMENT /PUBLIC ENTITY CRIMES 18.1 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. 18.2 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 NINETEEN DISPUTE RESOLUTION 19.1 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 rsA 20 16A 19 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. 19.2 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE TWENTY IMMIGRATION LAW COMPLIANCE 20.1 By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. PSA 21 16A19 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Verification Testing Services — Oil Well Road the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, Dwight E ,Brock, Clerk By: Date: l Q. By: 4011 -T. ,�tlt+yl Fred W. Coyle, Chairman Approved, as to form and le 1-sufficien . �t L Scott R. Teach Deputy County Attorney u� v Witness ,jE 4 I Alt /2 /rNrt Typed Name Witness 1-17 Gl A l E .° t N p Typed Name AIM Enaineerina & Surveying, Inc. a By:i. t: l.. 41� 741/16 1/ f�, tL �yy L'/Cc FRES /1)E 'Vr Typed Name and Title Dab -2�1p Recd NSA 22 SCHEDULE A SCOPE OF SERVICES 1. Brief Description of Project 16A 19 To provide Verification Testing services for the Oil Well Road construction project. Verification is a process of comparing test data for determination of compliance with the contract requirements. This will be performed at the plant and in the field on split samples or independently obtained samples depending on the particular material specifications. 2. Background The Collier County Transportation Engineering and Construction Management Department (TECM) is currently constructing the Oil Well Road project Segments 2 and 4A. Segment 2 is being constructed to four -lanes from Immokalee Road to 1500 feet west of Everglades Boulevard, and six -lanes from 1500 feet west of Everglades to 1500 east of Everglades Boulevard. Segment 4A is being constructed as six -lanes from 1500 feet west of Oil Well Grade Road to 1500 feet east of Ave Maria Boulevard. Both segments contain pile supported bridges. 3. Detailed Scope of Work and Specifications The Consultant must be familiar with the FDOT Standard Specifications for Road and Bridge Construction, 2007, and in particular Section 105, Contractor Quality Control General Requirements. The Consultant must provide FDOT certified personnel and facilities to provide all necessary inspection to assure effective Quality Control of the operations related to materials acceptance. This includes but is not limited to sampling and testing production, storage, delivery, construction and placement. Ensure that the equipment used in the production and testing of the materials provides accurate and precise measurements in accordance with the applicable Specifications. Maintain a record of all inspections, including but not limited to, date of inspection, result of inspection, and any subsequent corrective actions taken. The Consultant shall perform geo- technical engineering field and laboratory testing services. The Consultant must be able to demonstrate a consistently high level of performance, and timely, comprehensive and accurate reports and invoicing. Professional services for material testing to be provided shall include field and laboratory tests, material evaluation and related reports involving sub - surface and construction material at construction sites in Collier County. Tests and services shall be performed in accordance with established professional standards and shall comply with requirements contained in applicable construction documents. Tasks may include, but are not limited to, the following: PSA A -I 16A 19 1. Roadway Field Investigations Examples — Field drilling, auger borings and soundings, rock cover, percolation tests, monitor wells, turbidity analysis; 2. Roadway Laboratory Tests Examples — Grain size analysis, organic content, compression test, chemical tests; 3. Construction Quality Control Examples — Pile driving analysis and monitoring, geo- textile monitoring. Serve as technical expert on geo - technical problems during construction; 4. Bituminous Examples — Measurements, coring, sampling of material; 5. Aggregate and Base Material Examples — Inspection, sampling, proctor tests. Inspection of backfill material, Portland cement, concrete, plant inspection for quality assurance, aggregate, cement, fly -ash, chemicals, core testing, slump, air content, temperature control; 6. Precast or Prestressed Concrete Products Examples — Concrete pipe, beams, precast products 7. Miscellaneous Examples — Timber products, corrugated sheet metal and pipe, structural members, bridges. PSA A -2 16A19 SCHEDULE B BASIS OF COMPENSATION DIRECT LABOR COSTS PLUS REIMBURSABLE EXPENSES 1. MONTHLY INVOICING B.1.1 The County shall pay the CONSULTANT for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges /fees submitted in the proposal. B1.1.1 All invoices shall be mailed to the attention of Kevin Dugan, Senior Project Manager, 2285 South 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 in accordance with Attachment 1, attached to this Schedule B, Laboratory Testing services shall be in accordance with the unit pricing amounts set forth in the table below. ITEM LABORATORY TESTING SERVICES NOT TO EXCEED AMOUNT /COS (PER UNIT: 1. Organic Content FM T267 $ 85.00 2. Sieve Analysis AASHTO T27) $ 75.00 3. Sieve Analysis for Classification (FM T88 $ 75.00 4. Plastic Limit AASHTO T90 $ 68.00 5. Liquid Limit (AASHTO T89 ) $ 68.00 6. Standard Proctor AASHTO T99 $ 90.00 7. Modified Proctor FM T180 $ 90.00 8. Limerock Bearing Ratio $290.00 9. Specific Gravity and Absorption of Rip Rap FM T85 $125.00 10. Percent Fines FM T11 $ 41.00 11. pH FM5 -550) $ 42.00 12. Sulfate Content FM 5 -551) $ 42.00 13. Chloride Content FM 5 -552) $ 42.00 14. Resistivity FM 5 -553) $ 42.00 15. Compressive Strength of Concrete Cylinders ASTM C39) $ 21.00 6.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment I to this Schedule B. PSA B -1 16A 19 B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by OWNER, regarding CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved by OWNER. B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or Additional Services without OWNER'S prior written approval. B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out -of- pocket expenses incurred in the performance of all such services. B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS: B.3.1. CONSULTANT shall submit, 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 applicable unit price by the number of units provided, as set forth in the table in Section PSA B -2 2.1 and by the applicable hourly rates by the number of units provided 16t ArtIin/ Attachment 1, attached to this Schedule B. B.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.5 Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark -up by the CONSULTANT, and shall consist only of the following items: B.3.5.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. 8.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from /to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. 8.3.5.1.3. Permit Fees required by the Project. B.3.5.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.5.1.5 Expense of models for the County's use. 8.3.4.1.6 Other items on request and approved in writing by the OWNER. 8.3.5.2 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. PSA B -3 SCHEDULE B - ATTACHMENT 1 CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE 10 -5456 "Verification Testing Services — Oil Well Road" Title Inspectors Asphalt Plant Inspectors Senior Project Engineer /Project Administrator (if required) Contract Support Specialist Senior Inspectors (if required) END OF SCHEDULE B Hourly Rate $ 58.00 /hr $ 65.00 /hr $120.00 /hr $ 80.00 /hr $ 75.00 /hr 16 A 19 PSA B -4 16A 19 SCHEDULE C PROJECT SCHEDULE Verification Testing Services - To be determined by Project Manager and Field Inspector NSA GI 16A19 SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self- insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in PSA D -1 16 A 19 the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project. (6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the PSA D -2 16A19 CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $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 NSA D -3 16 A 19 (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 Nsn D -4 16A19 (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. claims. (4) Coverage shall be included for explosion, collapse or underground property damage (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 PSA D -5 16A19 (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 - $ 500,000 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 PSn D -6 16A19 $5,000,000 each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty - four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20 %) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and NSA D -7 16A19 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 Consultant 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 NSA D -8 SCHEDULE E KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS Jim Shuler, PE - Project Manager Juan Alcantar. Jr. — Inspector Shawn McManus — Inspector Mitchell Shedio — Asphalt Plant Inspector Dennis Barber — Contract Support Specialist Jason Kirker — Senior Inspector Jaz Jahazi — Inspector John Bedinotti - Inspector 16A19 I: i Client #: 63849 16 A 19 AIMEN ACORDn. CERTIFICATE OF LIABILITY INSURANCE ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL T'HE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 06/16/2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gulfshore Insurance, Inc. 4100 Goodlette Road North ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Naples, FL 34103 -3303 POLICY EXPIRATION DATE MMIDDIYYYV LIMITS 239 261 -3646 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Amerisure Insurance Company 04/2512011 Aim Engineering & Surveying, Inc. INSURER B. JRI Engineering, Inc. Aim Construction Contracting, LLC 5300 Lee Blvd, Lehigh Acres FL 33971 INSURER C: INSURER D. INSURER E $300 OOO COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL T'HE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD ' NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIODII'YYY POLICY EXPIRATION DATE MMIDDIYYYV LIMITS • GENERAL LIABILITY GL2053525010009 04/2512010 04/2512011 EACH OCCURRENCE $1.000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $300 OOO CLAIMS MADE a OCCUR MED EXP (Any one person) $10,000 PERSONAL B ADV INJURY $1000000 GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG _s2,000,000 $2000000 POLICY 7X PRO ECT Lac J • AUTOMOBILE LIABILITY ANY AUTO CA20535230101 04/2512010 04125/2011 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY Rerpereo.I $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (PeracCdent) $ X X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Peraccident) $ GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ OTHERTHAN EA ACC 5 ANY AUTO $ AUTO ONLY: AGO A EXCESS I UMBRELLA LIABILITY CU205352601 04/25/2010 04/25/2011 EACH OCCURRENCE $5000000 X OCCUR E:1 CLAIMS MADE AGGREGATE $5,000,000 $ DEDUCTIBLE $ X RETENTION $ 0 A WORKERS COMPENSATION AND WC205528701 07/0112010 07101/2011 X WC STATUS OTR- EMPLOYERS' LIABILITY EL EACH ACCIDENT $1,000,000 ANY PROPRIETOROARTNERIEXECUTIVE �Mandatoory in NPR EXCLUDED? tl EL. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under SPECIAL PROVISIONS belew EL DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT) SPECIAL PROVISIONS Re: For any & all work performed on behalf of collier county. Project: Contract #10 -5456 "Verification Testing Services - Oil Well Road Certificate Holder & the Owner are Named as Additional Insured on a primary basis as respects to General Liability Only as needed by contract, per form CG 70 48 03 04. (Contractor's Blanket Additional Insured Endorsement). *30 days cancellation notice, except 10 days for non - payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County Government DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _311 DAYS WRITTEN Attn: Purchasing Building NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 50 SHALL 3301 E. Tam iami Trail IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Naples, FL 34112 (REPRESENTATIVES. - - AUUHU ad (1U09IUI) 1 of 2 #S428652/M428604 © 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ERL 16A 19 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) 2 of 2 #S428652/M428604 16A19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM All of the terms, provisions, exclusions, and limitations of the coverage form apply except as specifically stated below. SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization, called an additional insured in this endorsement: 1. Whom you are required to add as an additional insured on this policy under a written contract or agreement relating to your business; or 2. Who is named as an additional insured under this policy on a cerfificate of insurance. However, the written contract, agreement or certificate of insurance must require additional insured status for a time period during the term of this policy and be executed prior to the "bodily injury", "property damage", "personal injury", or "advertising injury" giving rise to a claim under this policy. If, however, "your work" was commenced under a letter of intent or work order, subject to a subsequent reduction to writing within 30 days from such commencement and with customers whose customary contracts require they be named as additional insureds, we will provide additional insured status as specified in this endorsement. 3. If the additional insured is: (a) An individual, their spouse is also an additional insured. (b) A partnership or joint venture, members, partners, and their spouses are also additional insureds. (c) A limited liability company, members and managers are also additional insureds. (d) An organization other than a partnership, joint venture or limited liability company, executive officers and directors of the organization are also additional insureds. Stockholders are also additional insureds, but only with respect to their liability as stockholders. (e) A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. The insurance provided to the additional insured is limited as follows: 1. That person or organization is only an additional insured with respect to liability arising out of: (a) Premises you own, rent, lease, or occupy, or (b) Your ongoing operations performed for that additional insured, unless the written contract or agreement or the certificate of insurance requires 'your work" coverage (or wording to the same effect) in which case the coverage provided shall extend to "your work" for that additional insured. Premises, as respects this provision, shall include common or public areas about such premises if so required in the written contract or agreement. Ongoing operations, as respects this provision, does not apply to "bodily injury' or "property damage" occurring after: (1) All work including materials, parts or equipment furnished in connection with such work on the project (other then service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 2003 CG 70 48 03 04 Page 1 of 2 16A 19 (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project 2. The limits of insurance applicable to the additional insured are the least of those specified in the written contract or agreement, or in the certificate of insurance or in the Declarations for this policy. If you also carry an Umbrella policy, and the written contract or agreement or certificate of insurance requires that the additional insured status also apply to such Umbrella policy, the limits of insurance applicable to the additional insured under this policy shall be those specked in the Declarations of this policy. The limits of insurance applicable to the additional insured are inclusive of and not in addition to the limits of insurance shown in the Declarations. 3. The additional insured status provided by this endorsement does not extend beyond the expiration or termination of a premises lease or rental agreement nor beyond the term of this policy. 4. Any person or organization who is an insured under the terms of this endorsement and who is also an insured under the terms of the GENERAL LIABILITY EXTENSION ENDORSEMENT, if attached to this policy, shall have the benefit of the terms of this endorsement if the terms of this endorsement are broader. 5. If a written contract or agreement or a certificate of insurance as outlined above requires that additional insured status be provided by the use of CG 20 10 1185, then the terms of that endorsement, which are shown below, are incorporated into this endorsement as respects such additional insured, to the extent that such terms do not restrict coverage otherwise provided by this endorsement: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket Where Required by Written Contract, Agreement, or Certificate of Insurance that the terms of CG 20 10 1185 apply (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Copyright, Insurance Services Office, Inc., 1984 CG 20 10 11 85 The insurance provided to the additional insured does not apply to "bodily injury", "property damage ", "personal injury", or "advertising Injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including but not limited to: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, design specifications; and 2. Supervisory, inspection, or engineering services. Any coverage provided in this endorsement is excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent, or on any other basis unless the written contract, agreement, or certificate of insurance requires that this insurance be primary, in which case this insurance will be primary without contribution from such other insurance available to the additional insured. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc. 2003 Page 2 of 2 CG 70 48 0304 16 A 19 R°® CERTIFICATE OF LIABILITY INSURANCE OPID SC DATE (MM OD110 06 22/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Private Client Insurance 9736 Commerce Center Court Fort Myers FL 33908 Phone:239 -481 -1949 Fax:239- 481 -2911 NAME: PHONE F ac Ho. Ext:_ (ac No), _ ADDRESS: CUST�omE oa: AIME-01 INSURER(S) AFFORDING COVERAGE NAICp INSURED AIM Engineering & Surveying, Inc 5306 Lee Blvd. Lehigh Acres FL 33971 WSURERA: Evanston Insurance Co. 35378 INSURER e: — -- INSURERC: — INSURER D : EACH OCCURRENCE _ INSURER E: PREMISES Ea occurrence) INSURER P : (SnVERAQES CERTIFICATE NUMBER: 1. REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPEOFINSURANCE INSR WV POLICY NUMBER (MMIDDI9YYY) (M ODIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ PREMISES Ea occurrence) $ COMMERCIAL GENERAL LIABILITY NIED EXP(My one person) S CLAIMS MADE E] OCCUR P ER80NAL B ADV INJURY $ _ GENEBALAGGREGATE $ GEN'LAGGREGATF_LIMIT APPLIES PER'. PRODUCTS - COl.LP /OP AGO $ $ POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea oWdent) $ BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) S ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per awd.rt) S N0N -OWNED AUTOS $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE 5 AGGREGATE $ EXCESS LIAB CLAIMStAADE DEDUCTIBLE S $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY VIN ANY PROPRIETCRJPARTNERIEXECUTIV OFFICER/MEMBER EXCLUDED] (Mandatory In NH) IA TORY LIMITS ER ' E.L. EACH ACCIDENT $ $ EL. DISEASE- EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ If ye s, dsscrb.nMer DESCRIPTION OF OPERATIONS belo.v A Professional E &O AE819450 07/01/10 07/01/11 Per Claim 5,000,000 SIR 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional ftnmks Schedule, If nI space is required) Collier County Contract 10 -5456 Verification Testing Services Oil Well Road SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED B EFORE COL2800 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Contractor Licensing 2800 N Horseshoe Drive Naples FL 34104 CORPORATION. At[ rights rosowod ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD