Loading...
Backup Documents 10/13/2009 Item #16B 31683 ; MEMORANDUM Date: November 9, 2009 To: Rhonda Cummings, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #07 -3947: "Professional CEI Services for SR 84 from Radio Road to CR 951" Contractor: PBS &J, Inc. Enclosed you will find an original contract document, referenced above, (Agenda Item #16133) approved by the Board of County Commissioners on Tuesday, October 13, 2009. The second original will be held in the Minutes and Records Department as part of the Board's permanent record. If you should have any questions, please contact me at 252 -8406. Thank you. Enclosure Agenda Item No. 1663 October 13, 2009 Page 10 of 12 COLLIER COUNTY Transportation Engineering 8 BOARD OF COUNTY COMMISSIONERS 1683 Transportation Services Item Number: 1683 911612009 3:41:20 PM Item Summary: Recommendation to approve selection of PBS &J under Invitation to Negotiate (ITN) #07- 3947 Professional Constniction Engineering and Inspection (CEI) Services SR 84 (Radio Gary Putaansuu Road to CR 951), and award a contract for Project No 60073 in the amount of $1,363.917 Date with reimbursement from the Florida Department of Transportation. Transportation Engineering and Meeting Date: 10/13/2009 9.00.00 AM Transportation Services Prepared By Marlene Messam Senior Project Manager Date Transportation Engineering 8 Transportation Services Construction Management 911612009 3:41:20 PM Approved By Gary Putaansuu Principal Project Manager Date Transportation Engineering and Transportation Services Construction 911712009 11 :24 AM Approved By Lisa Taylor ManagemenVBudget Analyst Date Transportation Services Transportation Administration 9124!2009 7:46 AM Approved By Therese Stanley Grants Coordinator Date Transportation Transportation Administration 9/24/2009 8:57 AM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 9130/2009 3:50 PM Approved By Najeh Ahmad Director Date Transportation Engineering 8 Transportation Services Construction Management 1011/2009 7:51 AM Approved By Rhonda Rembert Contract Specialist Date Administrative Services Purchasing 1011120091:30 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 10/1/2009 2:14 PM Approved By Steve Carnell Purchasing /General Svcs Director Date 1663 Contract 03947 po± . "Professional CEI Services for SR 84 from Radio Road to CR 951" Project #60073 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 13th day of October, 2009, 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 Post, Buckley, Schuh, and Jernigan, Inc., authorized to do business in the State of Florida, whose business address is 5300 West Cypress Street, Suite 200, Tampa, FL 33607 -1757 (hereinafter referred to as the "CONSULTANT'). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional Construction, Engineering and Inspection (CEI) services of the CONSULTANT concerning SR 84 from Radio Road to CR 951 (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: I PA41953637 9 PSA ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Construction, Engineering and Inspection (CEI) 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 John Brandvik, P.E., a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator "). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote TPA #19536379 PSA 2 1683 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. TPA #19536379 PSA 3 1663 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. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through an Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Administrative Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must '111W 1953637,9 ['SA 4 1683 applications and supporting documents (except those be approved in writing via an Amendment to this Agreement prior to starting such services. be furnished under this OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty -eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty -eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. 2.3 Providing renderings or models for OWNER'S use. TPA# 1953637.9 PS 5 1663 1 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 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 'r PAN 19536379 PSA 6 16B3 I authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER' 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. TPA #19536379 PSA 7 1683 ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to 'PPA #19536379 PSA 8 1683 1 reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation ", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ( "Project Documents "). OWNER shall specify whether the originals or "PPA01953637.9 PSA 9 I6B3 copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the Project following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent 'PPA# 1953637.9 PSA 10 1683 caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self- insurance program carried by OWNER applicable to this Project. 9.3.4. The Certificates of Insurance, which are to be provided in the form attached as Attachment I to Schedule D, must identify the specific Project name, as well as the site location and address (if any). TPA 9 1953637.9 PSA I7 1683 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.3.6. All insurance policies to be provided by CONSULTANT pursuant to the terms hereof must expressly state that the insurance company will accept service of process in Collier County, Florida and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Collier County, Florida. 9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in TPA419536379 PSA 12 1683 1 Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by terms this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub - subconsultants or sub - subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing TPA 4 19536379 PSA 13 1663 1 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, and /or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, and /or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT and /or by any of CONSULTANT'S principals, officers or directors, and /or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, and /or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, and /or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that TPAN 19536379 PSA 14 1683 portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty -five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing IPAN19536379 PSA 15 1683 I portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. TPA #1953637.9 PSA 16 1683 I ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners, Collier County Florida Purchasing Department, Building G 3301 Tamiami Trail East Naples, FL 34112 Attention: Steven Y. Carnell Fax: 239 - 252 -6584 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: TPA #195363 Z9 PSA 17 1683 Post, Buckley, Schuh, and Jernigan, Inc. 1514 Broadway, Suite 203, Fort Myers, Florida 33901 Telephone: 239 - 334 -7275 Fax: 239 - 334 -7277 Attn: Michael Jordan, P.E., Group Manager. 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any 'rPA #19536379 PSA 18 and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 11 PA #1953637.9 PSA 19 1683 ARTICLE NINETEEN SECURING AGREEMENT /PUBLIC ENTITY CRIMES 19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth -In- Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." Turns 1953637.9 PSA 20 ARTICLE TWENTY 1683 DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision- making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision- making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board ", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. rIPA #1953637A PSA 21 1683 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for 03947 Professional CEI Services for SR 84 from Radio Road to CR 951 the ple- day and year first written above. ATTEST: Dwight E. Brock,.Glerk By: Date:. Nt�U t a a`a�ii f k Approved as to farm and, legal sufficiency: n ` Assi to t County Attorney TEF 6 • W pxx of W Witness , BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA,. D.-C By. drrrnc.r Q Donna Fiala, Chairman C J. Ail ,1'e "�W'ce 'P.'id L-nj,urrr Typed Name and Title Witness Gf/m5ry^e.; L. 65 U, Typed Name and Title Post, Buckley, Schuh, and Jernigan, Inc. i I Item ffi 63 Agenda Date `DI13 Date `oq Recd Ac- Deputy Clerk TPA #1953637.9 PSA 22 SCHEDULE A 1683 SCOPE OF SERVICES "Consulting, Engineering and Inspection (CEI) Services for SR 84 from Radio Road to CR 951 ", Project # 60073 1.0 PURPOSE .................................................. ............................... A2 2.0 SCOPE ..................................................... ............................... A2 3.0 DEFINITIONS ............................................. ............................... A2 4.0 ITEMS TO BE FURNISHED BY COLLIER COUNTY TO CONSULTANT ........................................... ............................... A3 5.0 OTHER SERVICES ................................................. ............................... ITEMS FURNISHED BY THE CONSULTANT ... ............................... A3 6.0 A18 LIAISON ................................................... ............................... A6 7.0 14.0 COOPERATION AND PERFORMANCE OF THE A18 15.0 INVOICING INSTRUCTION ........................................ ............................... CONSULTANT.... .......................... ...... .... ..... .......................... A6 8.0 REQUIREMENTS ....................................... ............................... A7 8.1 General ........................................... ............................... A7 8.2 Survey Control .................................. ............................... A8 8.3 On -site Inspection ............................... ............................... A8 8.4 Testing ............................................. ............................... A8 8.5 Management Engineering Services ........ ............................... A9 8.6 Contractor's CPM Schedule ................. ............................... A14 8.7 Constructability Review ........................ ............................... A15 9.0 PERSONNEL ............................................... ............................... A16 9.1 General Requirements ......................... ............................... A16 9.2 Personnel Qualifications ....................... ............................... A16 9.3 Staffing ............................................. ............................... A16 9.4 Licensing for Equipment Operation .......... ............................... A17 10.0 SUBCONSULTANT SERVICES ................................. ............................... A17 11.0 OTHER SERVICES ................................................. ............................... A17 12.0 POST CONSTRUCTION CLAIMS REVIEW .................. ............................... A18 13.0 CONTRADICTIONS .................................................... ............................... A18 14.0 LENGTH OF SERVICE ................................................... ............................... A18 15.0 INVOICING INSTRUCTION ........................................ ............................... A18 EXHIBIT "A -A" — MINIMUM TRAINING AND EXPERIENCE STANDARDS FOR CONSULTANT PERSONNEL ....................................... ............................... AA I SCOPE OF SERVICES CONSTRUCTION ENGINEERING AND INSPECTION TPA #19536379 PSA A -I 1693 1.0 PURPOSE: This scope of work describes and defines the services, which are required for construction engineering, inspection, materials sampling and testing, and contract administration for the construction project listed below. 2.0 SCOPE: The CONSTULTANT shall be responsible for construction engineering and administrative functions as defined in this Scope of Services and referenced manuals and procedures, which are normally handled by a Florida Department of Transportation (FDOT) Project Engineer. The CONSULTANT shall utilize effective control procedures, which will assure that the construction of the project listed below is performed in reasonable conformity with the plans, specifications, and contract provisions for such projects. The project for which the services are required is: COUNTY Project No: 60073 Description: SR 84 from Radio Road to CR 951 County: Collier The CONSULTANT shall provide technical and administrative personnel meeting the requirements set forth in Section 9.0 of this Scope of Services in appropriate numbers at the proper times to ensure that the responsibilities assigned under this Agreement are effectively carried out. All construction, engineering, inspection and administration activities shall be performed in accordance with the established standard procedures and practices of the Florida Department of Transportation. Prior to furnishing any services, the CONSULTANT shall be familiar with those FDOT standard procedures and practices and with the procedures and practices for construction, engineering, inspection and contract administration used by Collier County Transportation Engineering and Construction Management Department (T.E. & C.M.D.). The Construction Project Manager will track the execution of the construction contract in order to ensure that the CONSULTANT is given timely authorization to begin work. While no personnel shall be assigned until written notification by the Construction Project Manager has been issued, the CONSULTANT shall be ready to assign personnel within two weeks of notification. For the duration of the project, the CONSULTANT shall coordinate closely with the Construction Project Manager and Contractor to minimize rescheduling of CONSULTANT activities due to construction delays or changes in scheduling of Contractor activities. 3.0 DEFINITIONS: A. CONSULTANT Senior Project Engineer: The Engineer assigned by the CONSULTANT to manage one or more Construction Projects. This person may supervise other CONSULTANT employees and act as the lead Engineer for the CONSULTANT. B. CONSULTANT Project Engineer: The Engineer assigned by the CONSULTANT to manage this project. 'IPA# 1953637.9 PSA A -2 1683 C. Construction Project Manager: The Collier County T.E. & C.M.D. employee assigned to manage the Construction Engineering and Inspection Contracts. The Construction Project Manager will be in responsible charge and direct control of the projects. D. CONSULTANT: The Consulting firm under contract to Collier County for administration of Construction Engineering and Inspection services. E. Contractor: The individual, firm, or company contracting with Collier County T.E. & C.M.D. for performance of work or furnishing of materials. F. Contract: The written Agreement between Collier County and the Contractor setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of labor and materials, and the basis of payment. G. CONSULTANT Contract: The written Agreement between Collier County and the CONSULTANT setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of services, and the basis of payment. H. Engineer of Record: The Engineer noted on the Construction plans as the responsible person for the design and preparation of the plans. I. Community Liaison: The Collier County employee assigned to manage Public Information for the Collier County T.E. & C.M.D. J. OWNER: The Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida. K. COUNTY: Collier County, a political subdivision of the State of Florida. 4.0 ITEMS TO BE FURNISHED BY COLLIER COUNTY TO CONSULTANT: A. The following items will be furnished by Collier County T.E. & C.M.D. on an as needed basis. The CONSULTANT shall submit a request in writing for needed items to the Construction Project Manager. 1. Contract documents for each project as follows: 5 sets Construction Plans — I I" x l T' 5 sets Special Provisions 1 copy Contract Form 2. All standard forms for use under the terms of this Agreement will be provided in hard copy at the Pre - Services meeting and via electronic mail. The CONSULTANT shall utilize only Collier County forms on the project. 5.0 ITEMS FURNISHED BY THE CONSULTANT: I'PA#19536379 PSA A -3 1683 The COUNTY will require a satellite office for this project. The CONSULTANT shall be reimbursed for allowed expenses associated with this satellite office. The office must have at a minimum the following essential items to support the project: Office space within a desired radius to the project for the duration of the project Office telephone Copier rental /lease Consultant shall list this fixed monthly cost as a line item of the cost proposal titled Field Office Expenses ", and shall also be listed as such on invoices submitted to the COUNTY for payment. A. The CONSULTANT shall also furnish such other storage and parking space, as approved by the Construction Project Manager, to effectively carry out their responsibilities under this Agreement. The CONSULTANT shall provide the appropriate number of vehicles to accommodate their project personnel. Equipment supplied by the CONSULTANT shall consist of items determined by the Construction Project Manager to be essential in order to carry out the work under this Agreement. The CONSULTANT will provide all survey equipment, testing equipment, photographic equipment, tapes, rules, and any other items necessary. B. All applicable FDOT documents shall be a condition of this Agreement. The documents normally required by the CONSULTANT are listed below. The CONSULTANT shall review this list and obtain those documents that are not in his possession as well as any other applicable document that may be required that are not listed below. Most items can be purchased through the following address. All others can be acquired through the District Office or on -line at www. dot. state. Aus. Florida Department of Transportation Maps and Publication Sales 605 Suwannee Street, M.S. 12 Tallahassee, Florida 32399 -0450 Telephone No. (904) 488 -9220 Documents normally required by the CONSULTANT shall include, but are not limited to, the following list of documents. The version to be used shall be in compliance with the project plans and specifications. 1. Materials Directives: Directives convey certain FDOT practices and procedures relating to sampling and testing of materials entering into construction project. 2. Materials Sampling, Testing, and Reporting Guide: This schedule sets out the method of acceptance for minimum sampling frequency, sample, size, responsibility for sampling, responsibility for testing, test name, appropriate report form number, and sample identifications information for material to be incorporated into construction project. 3. Qualified Products List of Approved Material Sources and Subsequent Updates. 4. Each of the following estimate preparation aids provided by the FDOT: TPA# 1953637 9 PSA A -4 1683 Field Standards for Final Estimates Manual Basis of Estimate Manual Sample Computations Manual Final Estimate Preparation Short Course 5. Field Sampling and Testing Manual (FDOT & ASTM) FDOT Standard Specifications for Road and Bridge Construction and Supplements (for all field personnel). 7. FDOT Roadway and Traffic Design Standards (for all field personnel). 8. FDOT Structures Standards. 9. Manual on Uniform Traffic Control Devices (MUTCD). 10. Utility Accommodation Guide (FDOT) A list of FDOT Training Courses relating to Construction Engineering and Inspection. C. Field Equipment Includes those non- consumable, non - expendable items which are normally needed for a CEI project, including but not limited to the following: vehicles, facsimile machines, calculators, tape recorders/ transcribers, typewriters, computers, word processors, printers, cameras, camcorders, communication equipment, toolboxes, fire extinguishers, first aid kits, flashers, hard hats, safety vests, life vests (if applicable), level /rod, tripod, roll -a- meters, rain gear, shovels wheelbarrows, hammers, portable water coolers, gauges, engineering scales, tape measures, drafting tools, slump cone, tamping rod, nuclear density machine, measuring wheel, thermometer, flashlights, speedy moisture kits, and turbidity meters. 2. Use -cost equipment described herein and expendable materials under this Agreement will remain the property of the CONSULTANT and shall be removed at completion of the work. Vehicles and hard hats shall have the name and phone number of the consulting firm visibly displayed. The CONSULTANT shall retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. CONSULTANT personnel using equipment furnished by them shall input all computer coding. The CONSULTANT will also furnish computer services /software needed for project scheduling, documentation, and control (Primavera/Suretrak, Claim Digger, etc.). Ownership and possession of computer equipment and related software, which is provided by the CONSULTANT, shall remain at all times with the CONSULTANT. The CONSULTANT shall retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. Field office equipment should be maintained and operational at all times. I PA419536379 PSA A -5 1683 6.0 LIAISON: The CONSULTANT shall be fully responsible for carrying out all functions assigned to it by this Agreement on the construction projects. All activities and decisions of the CONSULTANT relating to the projects shall be subject to review and approval by the Construction Project Manager. The CONSULTANT shall provide coordination of all activities, correspondence, reports and other communications related to its responsibilities under this Agreement necessary for the Construction Project Manager to carry out his responsibilities. In performing their duties, the CONSULTANT shall utilize the standard forms provided at the Pre - Services meeting. The CONSULTANT shall utilize an Action Request form for all requests related to CONSULTANT Contract /administrative issues. The Action Request form shall be submitted under separate cover to Construction Project Manager with all accompanying required documentation (Resumes, Certifications, etc.) to each. The content and format of the Action Request form shall be in accordance with the instructions provided by the Collier County T.E. & C.M. D. Construction engineering and inspection forces will be required of the CONSULTANT at all times while the Contractor is working under the construction contract. If Contractor operations are suspended, the CONSULTANT will reduce its staff appropriately. In the event that the suspension of Contractor operations requires the removal of CONSULTANT forces from the project, the CONSULTANT will be allowed ten (10) days maximum to demobilize, relocate, or terminate such forces. It shall be the CONSULTANT'S responsibility to ensure that sufficient funds to complete services under this Agreement remain in the CONSULTANT Contract at all times. In the event of construction project delays or changes beyond the control of the CONSULTANT, which affect the terms of this Agreement, the CONSULTANT shall submit a Supplemental Amendment Request to Collier County. These requests will be submitted for County approval and execution prior to performing additional work and prior to funds expiration, consistent with and in accordance with the Contract Status Report, or other approved report for tracking CONSULTANT Contract funds. Supplemental Agreements preparation, submission, and subsequent follow -up activities are the responsibility of the CONSULTANT in accordance with Section 8.5 (29) and (30), Management Engineering Services. 7.0 COOPERATION AND PERFORMANCE OF THE CONSULTANT: During the term of this Agreement, the Construction Project Manager will review various phases of CONSULTANT operations, such as construction inspection, materials sampling and testing, and administrative activities, to determine compliance with this Agreement and to confirm that construction work and administrative activities are performed in reasonable conformity with FDOT and Collier County T.E. & C.M. policies, plans, specifications, and Contract provisions. The CONSULTANT shall cooperate and assist the Construction Project Manager in conducting the reviews. If deficiencies are indicated, the CONSULTANT shall implement remedial action immediately in conformance with Collier County T.E. & C.M.D. recommendations. Collier County T.E. & C.M.D. TPA# 1953637 9 PSA A -6 1683 recommendations and CONSULTANT responses /actions are to be properly documented by the Construction Project Manager. No additional compensation shall be allowed for remedial action taken by the CONSULTANT to correct deficiencies. Remedial actions and required response times may include, but are not necessarily limited to, the following: A. Further subdivided assigned inspection responsibilities, reassign inspection personnel, or assign additional inspection personnel, within one week of notification. B. Replace personnel whose performance has been determined by the Construction. Project Manager to be inadequate. Personnel whose performance has been determined to be unsatisfactory shall be removed immediately. C. Immediately increase the frequency of job control testing in phases of work that are the CONSULTANT's responsibility. D. Increase the scope and frequency of all training conducted by the CONSULTANT. Additionally, FDOT personnel may make special reviews of any project. The CONSULTANT shall fully cooperate with and assist in making such reviews. 8.0 REQUIREMENTS: 8.1 General: It shall be the responsibility of the CONSULTANT to administer the Contract to assure that the project is constructed in reasonable conformity with the plans, specifications, and Contract provisions. The CONSULTANT shall observe the Contractor during various operations to ensure the materials and methods used by the Contractor conform to the specifications of the Construction Contract, the FDOT Standard Specifications for Road and Bridge Construction, and designated Notes on the plans. No CONSULTANT under contract with Collier County to perform construction engineering and inspection or material sampling and testing on a particular project shall subcontract with the Contractor to perform Quality Control activities on the same construction project. The CONSULTANT shall advise the Construction Project Manager of any omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action taken. Work provided by the CONSULTANT shall not relieve the Contractor of responsibility for the satisfactory performance of the Construction Contract. 8.2 Survey Control: The CONSULTANf shall verify the existence and accuracy of location for all reference points and baseline control points indicated on the plans. The CONSULTANT shall reestablish any missing or disturbed control points as required to maintain the accuracy for survey control. TPA #1953637,9 PSA A -7 1683 The CONSULTANT shall establish the survey control baselines) along with sufficient baseline control points and benchmarks at appropriate intervals along the project for use by the CONSULTANT in performing verification surveys of construction layout. The CONSULTANT shall: Make and record measurements necessary to calculate and document quantities for pay items; 2. Make and record preconstruction cross section surveys of the project site where earthwork (i.e., embankment, excavation, subsoil excavation, etc.) is part of the construction project. 3. Perform incidental engineering surveys necessary to carry out the services covered by this Agreement and to verify and confirm the accuracy of the Contractor's survey layout work. 8.3 On -site Inspection: The CONSULTANT shall monitor the Contractor's on -site construction operations and inspect materials entering into the work as required to assure that the projects are completed in reasonable conformity with the plans, specifications, and other Construction Contract provisions. The CONSULTANT will monitor all off -site activities and fabrication. The Consultant shall keep detailed accurate records of the Contractor's daily operations and of significant events that affect the work. The standard procedures and practices for inspection of construction projects are set out in the FDOT Construction Manual. In general, the CONSULTANT shall perform in accordance with these standard procedures and practices and with other accepted practices as appropriate and authorized by the Construction Project Manager. CONSULTANT employees responsible for Work Zone traffic control plan design, implementation, inspection, and /or for supervising the selection, placement, or maintenance of traffic schemes and devices in work zones shall be certified according to FDOT guidelines for Maintenance of Traffic Training (Topic No. 625- 010- 010 -a). 8.4 Testing: The CONSULTANT shall perform, in conjunction with an independent, licensed laboratory, whose selection has been approved in writing by the Construction Project Manager, hired by the CONSULTANT, sampling and testing of component materials and completed work items so that the materials and workmanship incorporated in the project are in reasonable conformity with the plans specifications and contract provisions. The minimum sampling frequencies set out in the Florida Department of Transportation Materials Sampling, Testing and Reporting Guide shall be met. In complying with the aforementioned guide, the CONSULTANT shall perform all on -site sampling of materials and such testing of materials and completed work items that are normally done in the vicinity of the project. Inspection and sampling of materials and components required at locations remote from the vicinity of the project and testing of materials normally done in a laboratory remote from the project site will also be included. TPA 4 1953637.9 NSA A -8 I6B3 The CONSULTANT shall be specifically responsible for determining the acceptability of all materials and completed work items on the basis of either test results or verification of a certification, certified mill analysis, D.O.T. label, D.O.T. stamps, etc. The Construction Project Manager will monitor the effectiveness of the CONSULTANT'S testing procedures by obtaining and testing independent assurance samples. Independent assurance sampling is necessary to verify compliance with the specification requirements. The CONSULTANT shall notify the Construction Project Manager of schedules for sampling and testing as the work progresses on the construction contract so that Progress and Final Record sampling can be accomplished at the discretion of the County at the proper time. The CONSULTANT shall also be responsible for the progress record sampling of reinforcing steel. The CONSULTANT shall perform all necessary surveillance and inspection of the on -site hot -mix asphalt operations. The CONSULTANT shall provide surveillance and acceptance sampling and testing at any hot -mix asphalt plant providing mixes to a project under a Quality Assurance Specification. The CONSULTANT shall transport laboratory samples to the appropriate laboratory. The CONSULTANT shall provide daily surveillance of the Contractor's Quality Control activities at the project site in regard to concrete and perform acceptance sampling at the specified frequency. Sampling, testing and laboratory methods shall be as required by the Florida Department of Transportation's Standard Specifications or as modified by the contract provisions. Documentation reports on sampling and testing shall be submitted to responsible parties during the same week that the construction work is done or as otherwise directed by the Construction Project Manager. The CONSULTANT shall supply CTQP (Construction Training Qualification Program) qualified technicians for concrete inspection. The CONSULTANT shall supply CTQP qualified Asphalt Paving and Plant Technicians for asphalt inspection. The CONSULTANT shall supply CTQP qualified Earthwork Construction Inspection Technicians for embankment, pipe backfill, subgrade, base and asphalt inspection. 8.5 Management Engineering Services: The CONSULTANT shall perform all management - engineering services necessary to properly coordinate the activities of all parties involved in completing the project. These include maintaining complete, accurate records of all activities and events relating to the project; properly documenting all significant project changes; interpreting plans, specifications, and Construction Contract provisions in conjunction with the Engineer of Record; making recommendations to Construction Project Manager to resolve Construction Contract disputes; and maintaining an adequate level of surveillance of Contractor activities. The CONSULTANT shall also perform other management engineering services normally assigned to a Project Engineer that are required to fulfill its responsibilities under TPA# 1953637 9 PSA A -9 I6B3 this Agreement. All recording and documentation will comply with standard FDOT and COLLIER COUNTY procedures, formats, and content. Services include, but are not limited to, the following: (1) Schedule and attend, within ten (10) days after the Notice to Proceed, a pre- service conference for the project in accordance with FDOT Procedure 700 - 000 - 000 -a. At the pre- service meeting the CONSULTANT shall submit Action Request packages for Personnel Approval for immediate staff needs and a copy /computer file of the final negotiated staffing. The CONSULTANT shall record a complete and concise record of the proceedings of the meeting and distribute copies of these minutes to the participants and other interested parties within seven (7) days of the meeting date. (2) Prepare and submit to the Construction Project Manager for county approval, within thirty (30) days after the pre- service meeting, a hard copy of the project specific CONSULTANT Contract administration documents listed below. The CONSULTANT Contract administration documents, which shall be routinely used by the CONSULTANT throughout the project, shall be in the format and content provided by Collier County T.E. & C. M. D. The CONSULTANT Contract administration documents consist of but are not limited to the documents listed below: a. Action Request Form CONSULTANT Authorization to Execute Work Orders Letter of Transmittal Form Request For Supplemental Services Scope of Services Supplement No. Contract Status Report, or other approved fund tracking report CEI CONSULTANT Firm Estimated Staffing (completed in accordance with the original CONSULTANT Contract agreement) CEI CONSULTANT Fee Proposal CEI CONSULTANT Data (3) Schedule and conduct a preconstruction conference for the project in accordance with Article 8 -3.5 of the FDOT Standard Specifications for Road and Bridge Construction. Record significant information revealed and decisions made at this conference and distribute copies of these minutes to the appropriate parties. The meeting shall also be electronically recorded and the CONSULTANT shall maintain all tapes of the meeting for the duration of the Contract. (4) Maintain on a daily basis a complete and accurate record of all activities and events relating to the project and a record of all work completed by the Contractor, including quantities of pay items in conformity with Final Estimates preparation procedures and specifications. (5) Maintain a Project Diary in conformity with FDOT format. (6) Maintain a log of all materials entering the work with proper indication of the basis of acceptance of each shipment of material. TPA# 1953637 9 PSA A -10 1683 (7) Maintain records of all submittal dates and testing accomplished under Section 8.2 — 8.7 of this Exhibit "A" and analyze such records required to ascertain acceptability of materials and completed work items. (8) Once each month, prepare a comprehensive tabulation of the quantity of each pay item satisfactorily completed to date. Quantities shall be based on daily records or calculations. Calculations shall be retained. The tabulation will be used for preparation of the Monthly Progress Estimate. (9) For interpretations of the plans, specifications, and Contract provisions, the CONSULTANT shall consult with the Construction Project Manager when an interpretation involves complex issues or may have an impact on the cost of performing the work. When warranted, the Construction Project Manager may request an interpretation from the Engineer of Record. The Construction Project Manager shall coordinate all requests for involvement of the Engineer of Record. (10) Analyze problems that arise on a project and proposals submitted by the Contractor and prepare and submit a recommendation to the Construction Project Manager. (11) Analyze changes to the plans, specifications, or Construction Contract provisions and extra work which appear to be necessary to carry out the intent of the Contract when it is determined that a change or extra work is necessary and such work is within the scope and intent of the original Construction Contract. Recommend such changes to the Construction Project Manager for approval. (12) Manage the Contractor's CPM Schedule in accordance with the requirements outlined in Section 8.6, Contractor's CPM Schedule. (13) Analyze major problems that arise on the project and prepare a recommendation to the Construction Project Manager. (14) When it is determined that a modification to the original Contract for a project is required due to a necessary change in the character of the work, negotiate prices with the Contractor and prepare the required Work Order Directive and change order in accordance with applicable Collier County procedures. The CONSULTANT shall provide an analysis of the cost and /or time adjustments associated with the Work Order Directive. (15) In the event that the Contractor gives either written or verbal notice that he deems certain work to be performed is beyond the scope of the Contract and that he intends to claim additional compensation, the CONSULTANT shall maintain accurate cost account records of such work. These records shall include manpower and equipment times and materials installed (temporary or permanent) in the portion of the work in dispute. (16) In the event that the Contractor for a project submits a claim for additional compensation, the CONSULTANT shall analyze the submittal and prepare a recommendation to Collier County Project Manager covering validity and reasonableness of charges and conduct negotiations leading to recommendations for settlement of the claim. Maintain complete, accurate force account and other records of work involved in claims. I PA91953637 9 PSA A -1 1 1683 (17) In the event that the Contractor for a project submits a request for extension of the allowable Contract time, analyze the request and prepare a recommendation to Construction Project Manager covering accuracy of statements and the actual effect of delaying factors on completion of controlling work items. (18) Prepare the Final Estimate and submit to the Construction Project Manage, with backup computations accompanying Computations Booklet in accordance with FDOT Field Standards for Final Estimates Manual. This task must be completed within Twenty (20) calendar days after conditional or final acceptance of a project by Collier County T.E. & C.M.D. (19) Monitor each construction project to the extent necessary to determine whether construction activities violate the requirements of any permits. For each project that requires the use of the NPDES General Permit, supply at least one inspector who has successfully completed the "Florida Stormwater, Erosion, and Sedimentation Control Training and Certification Program for Inspectors and Contractors." Notify the Contractor of any violations or potential violations and require his immediate resolution of the problem. Violations must be reported to the construction Project Manager immediately. NPDES Erosion Control Inspection Requirements (if implemented by the Department of Environmental Protection): Those facilities that have an NPDES Permit and which discharge storm water from construction activities directly to waters of the United States which are listed on the EPA approved 303(d) list for total suspended solids (TSS), or other indicators of solids transportation such as turbidity, siltation, or sedimentation shall comply with the following: a. The permittee shall monitor by grab sample by a Certified NPDES Inspector, during regular working hours, once per month within the first 30 minutes of a qualifying event or within the first 30 minutes of the beginning of the discharge of a previously collected qualifying event for Settleable Solids (m/1), Total Suspended Solids (mg/1), Turbidity (NTUs), and flow (MGD). b. Where the receiving water has flow upstream form the discharge, a background sample for Settleable Solids, Total Suspended Solids, and Turbidity shall be taken in stream at mid depth and immediately upstream form the influence of the discharge of storm water from the site. C. The soil type and average slope of the drainage area for each outfall shall be reported with the Discharge Monitoring Report submitted in accordance with section "e" (below). d. A qualifying event for the purpose of this section is a rain event of 0.5 inches or greater in a 24 -hour period as determined by the project rain gauge. e. Data collected in accordance with the above items shall be submitted to Environmental Protection Agency, the Florida Department of Environmental Protection, Construction Project Manager and a copy retained for the project file. f Collect, store, and transport the samples per NPDES Storm Water Sampling Guidance Document (EPA 883 -B -92 -001). 'IPA# 1953637.9 PSA A -12 16B3 g. Flow at the outfall should be estimated by Section 3.2.2 of the NPDES Storm Water Sampling Guidance Document. h. Within 48 hours of collection of samples, deliver the samples to a laboratory. i. Shop drawing /sample submittals shall be coordinated and the status tracked as each progress through review and approval. The CONSULTANT shall actively encourage all reviewers to accomplish reviews promptly. (20) Provide timely coordination between the Contractor and utility companies to assure that conflicting utilities are removed, adjusted, or protected in place to minimize delays to construction. Documentation will be maintained in accordance with FDOT procedures. (21) The CONSULTANT Project Engineer will conduct a weekly meeting as required with the respective Contractor, subcontractors, and /or utility companies to review plans, schedules, problems, and other concerns. The Community Liaison shall attend these meetings. The CONSULTANT shall record the results of the meeting in written minutes. The CONSULTANT shall distribute the meeting minutes as directed by the Construction Project Manager. These meetings shall also be recorded electronically and the CONSULTANT shall maintain the tapes for the duration of the Contract. (22) Conduct and document field reviews of the maintenance of traffic operation during and after normal working hours and on weekends, nights, and holidays. Special concern shall be given to pedestrian and bicycle access throughout the work. (23) Perform survey work when required or requested by the Construction Project Manager. (24) Produce reports; verify quantity calculations, and field measure for payment purposes as needed to prevent delays in Contractor operations. (25) With each monthly invoice submittal, the CONSULTANT Project Engineer will provide a reviewed and approved Contract Status Report for the CONSULTANT Contract. This report will supply the CONSULTANT Project Engineer's accounting of the additional Contract calendar days allowed to date, an estimate of the additional Contract calendar days anticipated to be added to the original Contract schedule time, an estimate of the Contract completion date, and an estimate of the CONSULTANT funds expiration date per CONSULTANT Contract schedule for the prime CONSULTANT and for each subconsultant. (26) When the CONSULTANT identifies a condition that will require an Amendment to the CONSULTANT Contract, the CONSULTANT will communicate the need to the Construction Project Manager for an approval in concept. Once received, the CONSULTANT shall prepare and submit the request and all accompanying documentation to the Construction Project Manager and for approval and further processing. The CONSULTANT shall submit the amendment request prior to the depletion of the CONSULTANT Contract funds (consistent with and in accordance with the Contract Status Report) and shall allow Collier County adequate time to process, approve, and execute the amendment. The content and format of the amendment request and accompanying documentation shall be in accordance with the instructions and format for the Collier County T.E. & C.M.D. 'I PA! 1953637.9 PSA A -13 1683 (27) The CONSULTANT for the project shall be responsible for performing follow -up activities to determine the status of each contract amendment submitted to the Construction Project Manager. (28) The Construction Project Manager will normally perform a CONSULTANT CEI PERFORMANCE EVALUATION at the completion of the project. The Construction Project Manager will meet with the CONSULTANT, at the CONSULTANT'S request, to discuss the performance evaluation. (29) Provide general public information services as required. Prepare "Road Alerts" for Community Liaison's release concerning lane closures, traffic switchovers, detours, etc. Inquiries from public officials and the news media shall be directed to the office of the Community Liaison for coordination. Prepare newsletters for distribution to adjacent property owners as may be required. The Construction Project Manager must approve, in conjunction with the Community Liaison, all brochures, responses to news media, etc., prior to release. (30) Prepare and submit to the Construction Project Manager monthly, a Construction Status Report. (31) Video tapes the preconstruction conditions throughout the project limits. Provide a digital photo log of project activities, with heavy emphasis on potential claim items /issues and on areas of real /potential public controversy. The Consultant shall use a software system fully compatible with Collier County Software to manage the digital picture album system. 8.6 Contractor's CPM Schedule: Initial CPM Review and Validation The CONSULTANT shall analyze the Contractor's CPM Schedules for completeness and flow of activities, assuring that this schedule meets the Contract documents. This overview will validate that the schedule is functional, the information provided is reasonable, and the Contractor's plan for project completion within the Contract time is reasonable. The CONSULTANT shall provide the Contractor a written review that identifies any significant omissions, improbable durations, or errors in logic and provide the Construction Project Manager with recommendations pertinent to planning and scheduling the project work and completion of the project within the allowed Contract time. Monthly Progress Review The CONSULTANT shall track Contractor actual progress against the baseline schedule and conduct a monthly schedule update meeting with the Contractor. The CONSULTANT shall assure the Contractor complies with all requirements for periodic schedule updates and review the updates within 15 days to determine their accuracy. The CONSULTANT shall review all schedule changes. The CONSULTANT shall identify and document any future or existing problems and require the Contractor to disclose in writing his plans for preventing or resolving these problems. The CONSULTANT shall prepare and distribute TPA41953637.9 PSA A -14 1663 minutes of the Monthly Progress Review meeting -to- meeting attendees and other interested parties. Contract Modifications The CONSULTANT shall assure that Contract modifications are based in the latest approved schedule and reflected in the next version of the Contractor schedule. Planning The CONSULTANT shall work with the Contractor to establish a two -week look ahead schedule indicating expected Contractor work for discussion at the regular progress meetings. The anticipated work activities will be reviewed with all affected utility companies. The CONSULTANT shall use this schedule to establish whether or not the Contractor's near term plan will resolve or mitigate any previously unanticipated conflict or issues. As Built Plan The CONSULTANT shall check and verify the accuracy of the Contractor's as -built construction plans monthly by comparing it with the Contractor's daily logs. 8.7 Constructability Review: The CONSULTANT may be requested to provide a Constructability Review for the 60% and 90% design plans. This review shall be conducted by the CONSULTANT utilizing his experience and knowledge to perform a complete review of the project including the following items: design, environmental issues, permitting, maintenance of traffic, right of way, utility coordination and construction methods and procedures. The review will include field visits, notation of special environmental or job site conditions and a thorough review of the plans, specifications, contract documents and bid items. The CONSULTANT will notify the Engineer of Record and the Construction Project Manager of his findings and work with them to resolve the issues. The Constructability Review shall be the first task of work to be completed. The review and reports shall be completed and transmitted to the Construction Project Manager within fourteen (14) days of the date the County issues the appropriate plans for review. During the Constructability Review, the CONSULTANT shall be sure to address the following items: Make sure the description of work is clear and concise. Review the list of pay items to ensure that all items of work are appropriately covered. Review the summary of quantities to be sure all given quantities is accurate. Review and comment on whether or not the construction sequence phasing and maintenance of traffic have been correctly addressed and handled. TPA #7953637 9 PSA A -15 I • i Be sure contract allows an adequate amount of time to reasonably construct the contract. Review the contract documents to ensure that the actual field conditions have been investigated and clearly represented in the documents. Review such items as Utilities Right of Way, Drainage, Maintenance of Traffic, Construction Sequences and Phasing, Permit Conditions, Quantities and Equipment requirements, Note any items that may cause problems with the project. Consider and comment on the field inspection standards, geotechnical investigation requirements, environmental compliance requirements and maintenance of traffic concepts. Determine the feasibility of construction equipment ingress, egress and placement at the jobsite including right of way and /or construction easement requirements, soil conditions to support heavy equipment. The CONSULTANT used in the review shall be an individual who will be involved in the actual construction of the overall projects. They shall be thoroughly knowledgeable of current specifications, policies and procedures used by Collier County and FDOT for the design and construction of highway facilities. 9.0 PERSONNEL: 9.1 General Requirements: The CONSULTANT shall staff the project with the qualified personnel necessary to efficiently and effectively carry out its responsibilities under this Agreement. Acceptable staffing of personnel to be assigned to this project is outlined in Exhibit "A -A." 9.2 Personnel Qualifications: The CONSULTANT shall utilize only competent personnel, qualified by experience and education. The CONSULTANT shall submit in writing to the Construction Project Manager the names of personnel proposed for assignment to the project, including a detailed resume for each with respect to salary, education, and experience. Minimum qualifications for the CONSULTANT personnel are set forth in Exhibit "A -A" to this Agreement. The CONSULTANT Action Request form for personnel approval shall be submitted to the Construction Project Manager at least two weeks prior to the date an individual is to report to work. 9.3 Staffing: Once authorized, the CONSULTANT shall establish and maintain an appropriate staff through the duration of construction and completion of the final estimate. Responsible personnel, thoroughly familiar with all aspects of construction and final measurements of the various pay items, shall be available to resolve disputed final pay quantities until the appropriate Contract has been paid off. Proposed staff, including qualifications, must be submitted using Action Request forms provided by Collier County. These will be previewed and preapproved by the Construction TPA #1953637.9 PSA A -16 Project Manager. Previously approved staff, whose performance is unsatisfactory, shall be replaced by the CONSULTANT within one week of Collier County notification. Personnel identified in the CONSULTANT technical proposal are expected to be assigned as proposed and are committed to performing services under this CONSULTANT Agreement. Personnel changes will require written approval from Collier County. As Contractor operations on a Contract diminish, the CONSULTANT shall appropriately reduce the personnel it has assigned to that project. Construction engineering and inspection forces are required of the CONSULTANT at all times while the Contractor is working on the Contract, but if Contractor operations stop, the CONSULTANT shall reduce its forces accordingly. CONSULTANT personnel adjustments recommended by the Construction Project Manager will be accomplished within one week of notification. The CONSULTANT will be allowed a maximum of ten (10) days to demobilize, relocated, or terminate its forces in the event conditions occur that require removing CONSULTANT forces from the project. 9.4 Licensing for Equipment Operation: The CONSULTANT will be responsible for obtaining proper licenses for equipment and for personnel operating such equipment. CONSULTANTS operating nuclear surface moisture - density gauges on Collier County projects are required to comply with Section X of FDOT's revised "Manual for Safety and Control of Equipment Containing Radioactive Materials" (a.k.a. Nuclear Manual). 10.0 SUBCONSULTANT SERVICES: The CONSULTANT may subcontract for engineering, inspection, materials testing, or specialized professional services with prior written approval of the County. If required, the CONSULTANT shall provide all geotechnical services for this project. 11.0 OTHER SERVICES: Upon written authorization by the Construction Project Manager, the CONSULTANT will perform additional services in connection with the project not otherwise identified in this Agreement. The following items are not included as part of this Agreement, but may be required by Collier County T.E. & C.M.D. to supplement the CONSULTANT services under this Agreement. Assist in the timely preparation of all claims and necessary rebuttals with the organization of any and all supporting documentation as needed or required by Collier County pursuant to the Collier County Alternative Dispute Resolution Procedures. Provide qualified engineering witnesses and exhibits for any litigation or hearings in connection with the Contract. Assist the County Attorney or his designee as directed in the preparation for Binding Arbitration and Pre -Suit Mediation. Provide on- and off -site inspection services in addition to those provided for in this Agreement. TPA# 1953637 9 PSA A -17 1683 12.0 POST CONSTRUCTION CLAIMS REVIEW: In the event the Contractor for the project submits a claim for additional compensation and /or time after the CONSULTANT has completed this Agreement, the CONSULTANT shall, at the written request from Collier County, analyze the claim, prepare a recommendation to the Construction Project Manager covering validity and reasonableness or charges, and/or assist in negotiations leading to settlement of the claim. Compensation will be separately reimbursed by a Supplement to this Agreement. 13.0 CONTRADICTIONS: In the event of a contradiction between provisions of this Scope of Services and the CONSULTANT'S proposal, the provisions of the Scope of Services shall override other considerations. 14.0 LENGTH OF SERVICE: The CONSULTANT services for the Contract shall begin upon written notification to proceed by the Construction Project Manager. This notice to proceed will be issued anytime subsequent the award of a Contract at Collier County's discretion. The length of services as herein established for Contract on the CONSULTANT beginning work when notified and continuing to work until acceptance. For estimating purposes the CONSULTANT will be allowed an accumulation of thirty - (30) working days to perform preliminary administrative services prior to the issuance of the Contractor's notice to proceed on the first project to begin and thirty- (30) calendar days subsequent final acceptance of the Contract to be completed. The anticipated letting schedules and construction times for the projects are tabulated below: Construction Estimate Consultant's Estimate CountyLetting Date Start Date Duration Time Start Date Duration Time Project No. (Mo /Day /Yr) (Mo /Day /Yr) (Days) (Mo /Day /Yr) (Days) 60073 6/1/2009 10/1/2009 550 6/1/2009 550 15.0 INVOICING INSTRUCTIONS: Monthly invoices shall be submitted to Collier County in a format approved by Collier County, no later than the 20`h day of the month following the month being invoiced. If the CONSULTANT cannot submit their monthly invoice on time, the CONSULTANT shall notify Collier County, prior to the due date the reason for the delay and the planned submittal date. Once submitted, the CONSULTANT shall notify the Construction Project Manager via E -Mail of the total delay in calendar days and the reason(s) for the delay(s). All invoices shall be submitted to Collier County in hard copy format. TPA #1953637.9 PSA A -18 16B3 EXHIBIT "A -A" MINIMUM TRAINING AND EXPERIENCE STANDARDS FOR CONSULTANT PERSONNEL* Before the project begins, all project staff shall have posses all the knowledge, skills, and abilities required in obtaining the necessary certifications for performing the duties of the position they hold. The Senior Project Engineer and the Project Engineer shall ensure the FDOT's current practices, policies, and procedures are met throughout the course of the project. Cross training of the Consultant's project staff is highly recommended to ensure a knowledgeable and versatile project inspection team, but shall not be at any additional cost to Collier County and should occur as work load permits. Current FDOT certifications may be used until specified time limits as posted in the Construction Training Qualifications Manual (CTQP) unless expiration occurs sooner. Visit the FDOT Web page under training for current dates. SENIOR PROJECT ENGINEER — A Civil Engineering degree plus registration by the Florida State Board of Engineers Examiners as a Professional Engineer (or if registered in another state, the ability to obtain registration in Florida within six months) and six (6) years of engineering experience (two (2) years of which are in major road and bridge construction), or for non - degreed personnel the aforementioned registration and ten (10) years of engineering experience (two (2) years of which are in major road or bridge construction. Qualifications include the ability to communicate effectively in English (verbally and in writing). Direct a highly complex and specialized construction engineering administration and inspection program. Plan and organize the work of subordinate and staff members. Develop and/or review policies, methods, practices, and procedures; and review programs for conformance with FDOT standards. Also must have the following: Qualifications: None Certifications: MOT Level II ATTSA or IMSA. A Master's Degree in Engineering may be substituted for two (2) years experience. PROJECT ENGINEER — A Civil Engineering degree plus two (2) years engineering experience in construction of major road or bridge structures, or eight (8) years of responsible and related engineering experience (two (2) years of which involved construction of major road and bridge structures). Receives general instructions regarding assignments and is expected to exercise initiative and independent judgment in the solution of work problems. Directs and assigns specific tasks to inspectors and assists in all phases of the construction project. Will be required to attend the Final Estimate Preparation Seminar. Should have knowledge of FDOT Field Standards. Will be responsible for the progress and final estimates throughout the construction project duration. Must have the following: Qualifications: TPA# 1953637 9 PSA AA-1 1663 Asphalt Roadway Level II (will require Roadway Level I written exam) Certifications: MOT Level II ATTSA or IMSA A Master's Degree in Engineering may be substituted for one (1) year of experience. OFFICE ENGINEER — High school diploma or equivalent and four (4) years of road and bridge construction engineering inspection (CEI) experience having performed /assisted in the following project related duties: CQR progress and final estimates, Supplemental Agreement/Amendment processing, etc; or a Civil Engineering degree and completion of the Final Estimates Preparation Seminar. Should exercise independent judgment in planning work details and making technical decisions related to the office aspects of the project and accept general supervision and verbal instructions from Project Resident Engineer. Should be familiar with the FDOT Procedures covering project- related duties as stated above and be proficient in the computer programs necessary to perform these duties. Shall become trained in Multi -Line, Engineering Menu, and complete the State's Final Estimate Self Study course and attend the Final Estimate Preparation Seminar for Constant CEIs or the District - Specific Final Estimate Preparation Seminar. OFFICE MANAGER — High school graduate or equivalent plus three (3) years of secretarial and/or clerical experience including two (2) years experience in construction office management having performed the following office related duties: CQR, progress and final estimates, EEO compliance, Supplemental Agreement /Amendment processing, etc. Experienced in the use of standard word processing software. Should exercise independent initiative to help relieve the supervisor of clerical detail. Assists the Project Engineer in office- related duties (i.e., CQR, progress and final estimates, EEO compliance, Supplemental Agreement /Amendment processing, etc.). Works under the general supervision of the Senior Project Engineer and staff. Note: This position will not be used if an Office Engineer is being utilized. SENIOR INSPECTOR — High school graduate or equivalent plus four (4) years of experience in construction inspection, two (2) years of which shall have been in bridge and /or roadway construction inspection, plus the following: Qualifications: Concrete Field Inspector Level I Concrete Transportation Construction Inspector (CTCI) Level II (major bridge only) Asphalt Roadway Level I (If applicable) Asphalt Roadway Level II (If applicable) Earthwork Construction Inspection Level I Earthwork Construction Inspection Level lI FDOT Pile Driving Inspection (If applicable) FDOT Drilled Shaft Inspection (If applicable) Certifications: MOT Level II ATTSA or IMSA Nuclear Radiation Safety I PAH 1953637.9 PSA AA -2 1683 ACI Level I or a Civil Engineering degree and one (1) year of road and bridge CEI experience. Responsible for performing highly complex technical assignments in field surveying and construction layout, making and checking engineering computations, inspecting construction work and conducting field tests, and is responsible for coordinating and managing the lower level inspectors. Work is performed under the general supervision of the Project Engineers. INSPECTOR — High school graduate or equivalent plus two (2) years experience in construction inspection, one (1) year of which shall have been in bridge and /or roadway inspection plus the following: Qualifications: Concrete Field Inspector Level l Asphalt Roadway Level I (If applicable) Earthwork Construction Inspection Level I FDOT Pile Driving Inspection (If applicable) FDOT Drilled Shaft Inspection (If applicable) Certifications: Nuclear Radiation Safety ACI Level I or a Civil Engineering graduate. Responsible for performing assignments in assisting Senior Inspector in the performance of their duties. Receive general supervision from the Senior Inspector who reviews work while in progress. Civil Engineering graduates must obtain certifications within the first year of working as an inspector. Exceptions will be permitted on a case -by -case basis as long as certification is appropriate for specific inspection duties. ASPHALT PLANT INSPECTOR — High school graduate or equivalent plus one (1) year experience in the surveillance and inspection of hot mix asphalt plant operations and the following: Qualifications: Asphalt Plant Level I Asphalt Plant Level II SECRETARY /CLERK TYPIST — High school graduate or equivalent with two (2) years of secretarial and /or clerical experience. Ability to type at a rate of 35 correct words per minute. Experienced in the use of standard work processing software. Should exercise independent initiative to help relieve the supervisor of clerical detail. Works under general supervision of the Project Engineer and their staff. GEOTECHNICAL ENGINEER — A Professional Engineer (PE) duly registered under Florida State Rule and Statute, plus four (4) years experience as a Geotechnical Engineer in responsible charge of the geotechnical work on at least two (2) major bridges with drilled shaft or pile foundations (whichever is appropriate). Shall have experience using the 'f ['A#] 953637 9 PSA AA -3 1683 drilled shaft inspection device and osterburg cells in conjunction with load tests on drilled shafts or experience using the Pile Driving Analyzer (PDA), CAPWAP & WEEP programs for pile analysis. GEOTECHNICAL TECHNICIAN — High School diploma plus three (3) years experience working under a Geotechnical Engineer setting up instrumentation and monitoring the geotechnical work. Able to perform detailed calculations and follow detailed technical instructions. * Exceptions to these minimum standards will be considered on an individual submittal basis. The Construction Project Manager will make recommendations on all personnel action requests. END OF SCHEDULE A '1 PA91953637 9 PSA AA -4 1683 SCHEDULE B BASIS OF COMPENSATION DIRECT LABOR COSTS PLUS REIMBURSABLE EXPENSES 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice, a progress report reflecting the Project construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then - authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. B1.1.1 All monthly status reports and invoices shall be mailed to the attention of: James Zuver, Engineering Inspector /Project Manager Transportation Engineering and Construction Management Department 2885 South Horseshoe Drive Naples, Florida 34104 (239) 252 -8192, (239) 252 -5771 fax jameszuver @colliergov.net 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no event shall such compensation exceed the amounts set forth in the table below. ITEM TASK NOT TO EXCEED AMOUNT: 1. Construction Engineering and $ 1,291,917 Monthly Based Upon Inspection Services Percent Complete 2. Testing Services $ 10,000 Monthly Based Upon Percent Complete 3. Survey Services $ 10,000 Monthly Based Upon Percent Complete 4. Field Office Expenses $ 52,000 Time and Materials TOTAL FEE (Total Items 1 -4) $ 1,363,917 B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment B to this Schedule B. B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by OWNER, regarding CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved by OWNER. B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided. The negotiated fee shall be based upon the rates specified in Attachment B to "I PAN 19536379 PSA B -1 1683 this Schedule B and all Reimbursable Expenses shall comply with the provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or Additional Services without OWNER'S prior written approval. B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out -of- pocket expenses incurred in the performance of all such services. B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees and Reimbursable Expenses earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and the Project name and shall not be submitted more than one time monthly. B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage Owner has determined CONSULTANT has completed such task as of that particular monthly billing. B.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.5 Unless specific rates have been established in Attachment B, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. 'rPAN 19536379 VSA B -2 1683 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. TPA# 1953637.9 PSA B -3 � J SCHEDULE B - ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES "Consulting, Engineering and Inspection (CEI) Services for: SR 84 from Radio Road to CR951" Task 1. Construction Engineering & Inspection Services: Not to exceed $1,291,917 • Complete record keeping of activities and events • Document significant changes to the project • Contract, plan, and specification interpretation • Dispute resolution (contractor and the public) • Surveillance of contractors activities • Verify Contractor's monthly pay requests • Monitor Contractor's maintenance of traffic Task 2. Testing Services: Not to exceed $10,000 • Provide field sampling and material testing per contractor quality control verification requirements. • Provide quality control services per contractor quality control verification requirements. Task 3. Survey Services (As Needed) : Not to exceed $10,000 • Bench mark verification • Cross - section verification • Spot check contractor lay -out as needed • Reference and reset certified corner records as needed "rPA# 1953637.9 P9A BA -1 1683 . Field Office Expenses: Time and materials: Not to exceed $52,000 • Rent • Phone /Fax/ Internet Connection • Electric • Cleaning service • Copier (Rental and Maintenance) Total for Items 1 through 4 $1,363,917 -Due to the nature of a large construction project, while the total dollar amount might remain the same, there may be some fluctuation in the task categories calculations. TPA #1953637.9 PSA BA -2 • i SCHEDULE B - ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE "Consulting, Engineering and Inspection (CEI) Services for: SR 84 from Radio Road to CR951" Consultant's Emolovee Hourly Rate Schedule Title Hourly Rate Senior Project Engineer $ 135.00 /hr Project Administrator $ 114.00/hr Senior Utility Inspector $ 85.00 /hr Professional Surveyor /Mapper (Gaines) $135.00 /hr Senior Inspector $ 85.00 /hr Plant Inspector $ 85.00 /hr Inspector Aide $ 50.00 /hr Inspector $ 65.00 /hr Survey Technician (Gaines) $ 80.00 /hr 2 Survey Crew (Gaines) $140.00 /hr 3 Survey Crew (Gaines) $165.00/hr Office Manager $ 50.00 /hr END OF SCHEDULE B. TPA #1953637.9 PSA BB -1 1683 SCHEDULE C PROJECT SCHEDULE "Consulting, Engineering and Inspection (CEI) Services for: SR 84 from Radio Road to CR951" Task 1. Construction Engineering & Inspection Services: 550 days from Notice to Proceed • Complete record keeping of activities and events • Document significant changes to the project • Contract, plan, and specification interpretation • Dispute resolution (contractor and the public) • Surveillance of contractors activities • Verify Contractor's monthly pay requests • Monitor Contractor's maintenance of traffic Task 2. Testing Services: As Needed • Provide field sampling and material testing per contractor quality control verification requirements. • Provide quality control services per contractor quality control verification requirements. Task 3. Survey Services: As Needed • Bench mark verification • Cross - section verification • Spot check contractor lay -out as needed • Reference and reset certified corner records as needed TPA 41953637.9 PSA C -1 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 "PPA41953637.9 PSA D -1 1683 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 TPA# 1953637 9 I'SA D -2 1663 CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. 'PPAN 1953637.9 PSA 0.3 Applicable X Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Applicable X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes No (1) Commercial General Liability Insurance, written on an `occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: 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 TPA41953637.9 PSA D -4 Each Occurrence Fire Damage $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self- insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self- insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his /her designee. (3) The OWNER 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 I PA41953637.9 PSA 1)-5 1683 (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 $1,000,000 each claim and in the aggregate 'IPA #1953637.9 PSA D -6 1683 X $2,000,000 each claim and in the aggregate $5,000,000 each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Notwithstanding anything herein to the contrary, in no event shall the policy deductible be greater than $50,000 each claim. Deductibles in excess of that amount shall require the prior written approval of the Risk Management Director or his /her designee, at their discretion. (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty - four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20 %) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) CONSULTANT shall purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. TPA# 1953637.9 PSA D -7 16B3 PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project- specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self- insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. C. Current deductibles /self- insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D TPAN 1953637.9 PSA 0.8 16B3 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Post, Buckley, Schuh and Jernigan, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be P,C provided under the Professional Services Agreement, concerning 03947 Professional CEI 013 jv-'Q Services for SR 84 from Radio Road to CR 951, Project #60Ware accurate, complete and current as of the time of contracting. Post, Buckley, Schuh, and Jernigan, Inc. M TITL DATE: 6'210 12009 TPA# 1953637.9 PSA SCHEDULE F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS Michael Ryan, P.E., PMP Senior Project Engineer 20% Chris Libby Project Administration 100% Kelly Adams Contract Support Specialist 100% Enrique `Rick" Gonzalez Senior Roadway Inspector 100% Tomasz Trebacz Roadway Inspector 100% Felix Baez Utility Inspector 33% Sharon Kirkpatrick Secretary/Clerical 100% Juan Moreno Roadway /Utility Inspector (contingency) 100% TPA #19536379 PSA F -1 r • i ACORQ. CERTIFICATE OF LIABILITY INSURANCE DATE (MM DDIYY) 10/15/09 PRODUCER 1 -866- 220 -4625 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Holmes Murphy and Associates - Omaha ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2637 South 158th Plaza ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 200 Omaha, NB 68130 INSURERS AFFORDING COVERAGE INSURED INSURERA. Zurich American Insurance Company/#16535 Post, Buckley, Schuh & Jernigan, Inc. d /b /a PBS &J NMSURER B. American Guarantee and Liability Ina. Cc / #26247 2001 NN 107th Avenue INSURER C: Steadfast Insurance Company / #26387 Miami, FL 33172 -2507 INSURER D: __ 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 THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (NINIODMI POLICY EXPIRATION i LIMITS DATE A GENERAL LIABILITY GLO 9139458 -03 09/30/09 09/30/10 EACH OCCURRENCE —71$ ,000,000 • COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) 11,000,000 CLAIMS MADE J OCCUR MED EXP (Any one person) $ 25,000 • Contractual Liability PERSONAL &ADV INJURY _$1,000,000 GENERAL_ AGGREGATE 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 1 PRODUCTS COMPIOP AGG S 2,000,000 POLICY X PRO- X LOCI B AUTOMOBILE LIABILITY HAP 9139457 -03 09/30/09 1 09/30/10 COMBINED SINGLE LIMIT $2,000,000 X ANY AUTO (Ea accident) BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) X $ HIREDAUTOS BODILY INJURY _ X NON -OWNED AUTOS 1I (Per accident) X Contractual Liability -_____ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ $ ANY AUTO OTHERTHAN EAACC $ AUTO ONLY: ASS C EXCESS LIABILITY AUC 508762104 09/30/09 09/30/10 EACH OCCURRENCE ',$ 25,000,000 X OCCUR CI CLAIMS MADE 'AGGREGATE ,$25,000,000 DEDUCTIBLE $ RETENTION $ 0 $ A WORKERS COMPENSATION AND NC 9139459 -03 1 09/30/09 09/30/10 X�. IOS WCYSTATU- I .. .LIA4TS_1_ I ER ER EMPLOYERS' LIABILITY E 1, 000, 000 L_EACH ACCI_DENT $ _ �E L. DISEASE EA EMPLOYEE $ 1,000,000 _ E. L. DISEASE - POLICY LIMIT $1,000,000 OTHER $ S $ DESCRIPTION OF OPERATIONWLOCATIONSNEHICLESIE XCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS RE: 09 -3947. Collier County is an Additional Insured on the General Liability and Automobile Liability with respect to the operations of the insured on the above listed project. Collier County Government Purchasing Department 3301 B. Tamiami Trail Naples, FL 34112 edornne USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL EMYX44WYg MAIL 90 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, WJrAXK=9I96XX)000W=X AUTHORIZED REPRESENTATIVE A 13ze EI J s 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 on the reverse side of this form 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. J • i SUPPLEMENT TO CERTIFICATE OF INSURANCE 10/DATE 15/09 NAME OF INSURED: Poet, Buckley, Schuh a Jernigan, Inc. d /b /a PBS&J Additional Insured on the General Liability 6 Auto Liability on a Primary a Non - Contributory basis, including completed operations "Where Required by Contract" (GL ONLY). General Liabiltiy Aggregate limit applies per Proj Blanket Additional Insured Lessor /Lose Payee on the Auto Liability. Waiver of Subrogation on the General Liabil Auto Liability, and Workers Compensation "Where Required by Contract ". Umbrella follows form to the Additional Insureds on the General Liability. NOTICE OF CANCELLATION WORDING: SHOULD ANY OF THE DESCRIBED POLICIES ON THE CERTIFICATE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30, 60 OR 90 DAYS WRITTEN NOTICE "WHERE REQUIRED BY CONTRACT" EXCEPT 10 DAYS NOTICE FOR NON - PAYMENT OF PREMIUM TO THE CERTIFICATE HOLDER NAMED ON THE ATTACHED CERTIFICATE. r1 nmm 1683 ACORD. CERTIFICATE OF LIABILITY INSURANCE 9/30/2010 DAT1015/200A9 n PRODUCER Lockton Companies, LLC -I Kansas City 444 W. 47th Street, Suite 900 Kansas City MO 64112 -1906 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (816) 960 -9000 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL PURCHASING DEPT., 3301 TAMIAMI TRAIL E. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR INSURERS AFFORDING COVERAGE NAIC # INSURED POST, BUCKLEY, SCHUH AND JERNIGAN, INC. INSURER A: LLOYDS OF LONDON A XV INSURER B: 1307321 DBAPBS &J 2001 NW 107 AVENUE INSURER C: MIAMI FL 33172 -2507 INSURER D: INSURER E: COVERAGES PD MSURER SFIAUTHORQED REP ESENTATNE OR PRODUCER AND HE ING CERTTIFFIICATE HOLDER. 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 THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR IDEY HER TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD POLICY EXPIRATION DATE MMIDD/YY LIMITS GENERAL UABIUTY EACH OCCURRENCE XXXXXXX PREMISES (EDEoccurencia $ XXXXXXX COMMERCIAL GENERAL LIABILITY NOT APPLICABLE MED EXP (Any one person) $ XXXXXXX CLAIMS MADE Fj OCCUR PERSONAL &ADV INJURY $ XXXXXXX GENERAL AGGREGATE $ XXXXXXX GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP ADS $ XXXXXXX POLICY n JET n LOC AUTOMOBILE LIABILITY ANY AUTO NOT APPLICABLE COMBINED SINGLE LIMIT (Ea accident) $ XXXXX BODILY INJURY (Per person) $ XXXXXXX ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accitlent) $ XXXXXXX HIRED AUTOS NONAWNED AUTOS PROPERTY DAMAGE (Par accident) $ XXXXXXX GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXXXXX OTHERTHAN EA ACC $ XXXXXXX ANY AUTO NOT APPLICABLE $ XXXXXXX AUTO ONLY. AGG EXCESSIUMBRELLA UABILITY EACH OCCURRENCE $ XXXXXXX OCCUR 71 CLAIMS MADE NOT APPLICABLE AGGREGATE $ XXXXXXX $ XXXXXXX UMBRELLA El $ XXXXXXX DEDUCTIBLE FORM $ XXXXXXX RETENTION $ - WC STATU OTH- WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNEWEXECUTIVE NOT APPLICABLE TORY IM IT R E.L. EACH ACCIDENT $ XXXXXXX EL .DISEASE - EA EMPLOYEE $ XXXXXXX OFFICERMEMBER EXCLUDED? P yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ XXXXXXX A OTHER LDUSA0900811 9/30/2009 9/30/2010 52,000,000 EACH CLAIM & A CLAIMS -MADE FORM $2,000,000 ANNUAL AGGREGATE. PROFESSIONAUPOLLUTION 11/11/1961 RETRODATE. LIABILITY DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE CONTRACT #09 -3947; PROFESSIONAL CEI SERVICES FOR SR84 FROM RADIO ROAD TO CR951; PROJECT #60101. CERTIFICATE HOLDER CANCELLATION 10551702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION COLLIER COUNTY DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN ATTN: RHONDA CUMMINGS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL PURCHASING DEPT., 3301 TAMIAMI TRAIL E. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR NAPLES FL 34112 REPRESENTATIVES. AUTHO PRESENTATIVE ACORD 25 (2001108) For eueauonaregarding Sea crmloeu.aoned the nPmen aided in the Proaame eatlmn above. f I © ACORD CORPORATION 1988 Patricia L. Morgan From: DeLeonDiana[DianoDeLenn@nu|ie uv.nut] Sent: Wednesday, June O9.201O3:43PyN To: Me000noMar|ene Co: CunlrningsRhondo, Patricia LMorgan Subject: O7'3947CE| Services for SR84 (Radio toCR951) Attachments: D7'3947CE| for SRO4 (Radio toCRS51)Anoend#1 pdf Marlene, Attached is Amendment #1 to the contract with PBS&J. Thanks, Diana De Leon Purchasing Dept (239)752'8375 m»� a� 11 ",,* Oka c1o~/.^x you uu no! nvy,°o,emoowomammoyw.�m/~. o'os'^nvy/o'.,'.�s`.. m o,nmum�owa,o/�o*vho/mo'omm`y EXHIBIT A -1 Contract Amendment # *3947 "ConsuMng, Engineering and Inspection (CEI) Services for SR 84 from Radio Road to CR 951" This amendment, dated 3 q , 2010 to the referenced agreement shall be by and between the parties to the original Agreement, Post, Buckley, Schuh &Jernigan, Inc., (to be referred to as "Consultane) and Collier County, Florida, (to be referred to as "County "). Statement of Understanding RE: Contract #OVL3947 "Consulting, Engineering and Inspection (CEI) Services for SR 84 from Radio Road to CR 951" The following change to the above referenced Agreement has been mutually agreed to by the Consultant and the County. The additions to the existing language in the Agreement are shown herein by underlining: deletions from the Agreement are shown by savkethroughs. Replace Schedule B. Direst Labor Costs Plus Reimbursable Fakponses with new Schedule B. ervices now identified as Exhibit A -1-1 and Exhibit A -1 -2. The Consultant agrees that this ameuds the original Agreement. All other terms and conditions of the Agreement shall remain in force. IN WITNESS WIIEREOF, the Consultant and the County have each, respectively, by an authorized parson or agent, hereunder set their hands and seals on the date(s) indicated below. Appp,wd as to fonTjAnd Isum ien y: D'ePu6 Coim6 Attorney CONSULTANT & Jernigan, By:\: `JY`Qh0iV i (G Titre: r�_P Dated: a t 4_T A,L►l� BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, �FLORIDA, �/�^/%/V/n/ By: Jam` , GoR Stephen Y. Car$ell Director of Purchasing and General Services REGFIVED T.E. & G.M. Dept. 1683 1683 Exhibit A -1 -1 SCHEDULE B BASIS OF COMPENSATION LUMP SUM PLUS REIMBURSABLE EXPENSES 1. MONTHLY STATUS REPORTS B.1.1 Asa condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then - authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. 61.1.1 All monthly status reports and invoices shall be mailed to the attention of All monthly status reports and invoices shall be mailed to the attention of: James Zuver, Engineering Inspector /Project Manager Transportation Engineering and Construction Management Department 2885 South Horseshoe Drive Naples, Florida 34104 (239) 252 -8192, (239) 252 -5771 fax jameszuver@colliergov.net 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the lump sum payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until all services associated with any such line item have been completed to OWNER'S reasonable satisfaction. TASKS LUMP SUM FEE FOR: FEE PAYMENT SCHEDULE 1. Construction Engineering and Inspection Services $1.291.917 Monthly Based Upon Percent Complete 2. Testing Services $ 10,000 Monthly Based Upon Percent Complete 3. Survey Services $ 10 000 Time and Materials — Not to Exceed 4. Field Office Expenses 52,000 Time and Materials — Not to Exceed TOTAL FEE Total Items 1-4 $1 383 917 6.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of One Million Three Hundred and One Thousand Nine Hundred Seventeen Dollars ($1,301,917) to be paid to the CONSULTANT for Tasks 1 and 2 Basic Services and time and TPA# 1983371.1 i materials in the amount of Sixty Two Thousand Dollars ($62.000) to be paid to CONSULTANT for the performance of Tasks 3 and 4 Basic Services. B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. 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 provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without OWNER'S prior written approval. B.2.4. 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.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3,1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. TPA#1983371.1 1683, B.3.4 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.3.4.1 . 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.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. 8.3.4.1.2. 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. 8.3.4.1.3. Permit Fees required by the Project. 8.3.4.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 8.3.4.1.5 Expense of models for the County's use. B.3.4.1.6 Other items on request and approved in writing by the OWNER. 8.3.4.2 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. TPA# 1983371.1 Exhibit A -1 -2 SCHEDULE B - ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES "Consulting, Engineering and Inspection (CEI) Services for: SR 84 from Radio Road to CR951" Task 1. Construction Enaineerina & Inspection Services: $1,291,917 • Constructability Reviews • Complete record keeping of activities and events • Document significant changes to the project • Contract, plan, and specification interpretation • Dispute resolution (contractor and the public) • Surveillance of contractors activities • Verify Contractor's monthly pay requests • Monitor Contractor's maintenance of traffic Task 2. Testina Services: $10.000 • Provide field sampling and material testing per contractor quality control verification requirements. • Provide quality control services per contractor quality control verification requirements. Task 3. Survey Services (As Needed) Time and Materials : Not to exceed $10.000 • Bench mark verification • Cross - section verification • Spot check contractor lay -out as needed • Reference and reset certified corner records as needed 1663 Task 4 Field Office Expenses: Time and materials: Not to exceed $52.000 • Rent • Phone /Fax/ Internet Connection • Electric • Cleaning service • Copier (Rental and Maintenance) Total for Items 1 through 4 $1,363,917 -Due to the nature of a large construction project, while the total dollar amount might remain the same, there may be some fluctuation in the task categories calculations. 1663 --f Patricia L. Morgan From: DeLeonDiana [Diana DeLeon @colliergov. net] Sent: Wednesday, April 20, 2011 11:10 AM To: Patricia L. Morgan Cc: Bonnie L. Baer; Tibbetts, Rhonda Subject: Name Change Amendment - Contracts 07 -3947, 08 -5122, 09 -5262, and 10 -5206 Attachments: 10 -5206 Name Change Amendment.pdf; 07 -3947 Name Change Amendment.pdf; 08 -5122 Name Change Amendment.pdf; 09 -5262 Name Change Amendment.pdf Pat, Attached is an amendment that needs to be attached to four (4) contracts. It changes the name of the consultant from PBS &J to Atkins North America, Inc. Thanks, Diana De Leon Collier County Board of County Commissioners Purchasing Dept. 3327 Tamiami Trail East Naples, FL 34112 -4901 (239)252 -8375; Fax (239)252 -6597 dianadeleon @colliergov.net Under Honda taw, e -rnail addresses are public records. If you do not want your e -mail address released in response to a public records request. do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. M F, EXHIBIT A Contract Amendment This aniendnient, dated— 2011 to the following contracts: 07-3947 "Professional CEl Services for SR84 from Radio Road to (1051", 08-5122 "Watershed Model Update & Plan Development", 09-5262 "County Wide Engineering Services", and 10-5206 "Professional Services for Design Services for Collier Area Transit {CAT) Transfer Station" shall he by and between the parties to the original agreerrient, Post, Buckley. Schuh &Jernigali (PBS&J) now known as Atkins North Arnerica, Inc. (to be referred to as "Consultant") and Collier County, Florida, (to be referred tons "County"). Statement of Understanding The following change to tile above referenced contracts has been inutually agreed to by the Consultant and the County: Each and eveii Place where the natnes Post. Bucklev, Schuh &.Jernigau, Inc. or PBS&.1 ore used is to be replaced ivith Atkins North Ainerica, Inc, All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Consultant and the County have each, respectively, by an authorized person or agent, hereunder set their hand,,; and seals on the date(s) indicated below. ATTEST Cbrporate Secretary/Witness Assistant Secretary By: Rene de los Rios Dated: April 19, 2011 Approved as to form and Legal sufficiency: A44, County Attorney CONSULTANT iAt is &orth4"r a, Inc. .- ,?,N " A �P/ t5;,- - i - C. SEAL Iwo :P By: Title: Dated: CORPORATESEAL OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Director of ices