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Agenda 06/22/2021 Item #16A19 (RFP #20-7819 w/HighSpans Engineering, Inc.)06/22/2021 EXECUTIVE SUMMARY Recommendation to award Request for Professional Services (“RPS”) No. 20 -7819, “Verification Testing Services for Whippoorwill Lane & Marbella Lakes Drive Extension,” to HighSpans Engineering, Inc., in the total amount of $214,616.88, authorize the Chair to sign the attached Agreement, and authorize the necessary budget amendment. (Project No. 60219) OBJECTIVE: To obtain professional verification testing services by the Transportation Engineering Division, Growth Management Department, for the Design-Build of Whippoorwill Lane Marbella Lakes Connection Project (hereinafter the “Project”). CONSIDERATIONS: The County plans to connect Whippoorwill Lane to Marbella Lakes Drive, with added roundabouts and a traffic signal at the Livingston Road intersection. Working with the Procurement Services Division, the Transportation Engineering Division issued RPS No. 20-7819 seeking a consulting firm to provide verification testing services for the Project. The verification process compares test data to determine compliance with the contract requirements. On February 23, 2021, the Board approved the selection committee’s ranking of consultants for RPS No. 20-7819, Verification Testing Services for Whippoorwill Lane & Marbella Lakes Drive Exten sion (Agenda Item 16.A.10), and authorized staff to begin negotiations with the top-ranked firm, HighSpans Engineering, Inc., to bring a proposed agreement back to the Board for approval. HighSpans, Inc., is a Fort Myers based engineering firm doing business since 2007, they are pre-qualified by the State of Florida to perform Highway Design, Structures Design, Traffic Engineering, Construction Engineering Inspection and Materials Testing. As part of this prequalification process, HighSpans Engineering, Inc. must reapply each year and is subjected to annual independent audits. Collier County has utilized HighSpans Engineering, Inc. services on prior projects and they have performed well. Staff negotiated and reached the attached proposed agreement with HighSpans Engineering, Inc., in a contract amount not to exceed $214,616.88 for all professional verification testing services. The scope of work for this project includes providing qualified inspectors for the verification testing of materials that will be placed as part of the road construction project per the Florida Department of Transportation’s Design Standards for Road and Bridge Construction. FISCAL IMPACT: Funding required for this agreement is $214,616.88. A budget amendment in the amount of $214,616.88 will be needed from impact fees. Sources of funds are road impact fees. There is no incremental maintenance cost associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT IMPACT: This item has no impact on the Growth Management Plan. RECOMMENDATION: To award RPS No. 20-7819, “Verification Testing Services for Whippoorwill Lane & Marbella Lakes Drive Extension,” to HighSpans Engineering, Inc., in the total amount of $214,616.88, authorize the Chair to sign the attached Agreement, and authorize the necessary budget amendment. (Project No. 60219) Prepared by: John Conti, Project Manager, Transportation Engineering Division 16.A.19 Packet Pg. 947 06/22/2021 ATTACHMENT(S) 1. 20-7819 HighSpans_Contract_VendorSigned (PDF) 2. 20-7819 HighSpans_Insurance_8-15-21 (PDF) 16.A.19 Packet Pg. 948 06/22/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.19 Doc ID: 15869 Item Summary: Recommendation to award Request for Professional Services (“RPS”) No. 20- 7819, “Verification Testing Services for Whippoorwill Lane & Marbella Lakes Drive Extension,” to HighSpans Engineering, Inc., in the total amount of $214,616.88, authorize the Chair to sign the attached Agreement, and authorize the necessary budget amendment. (Project No. 60219) Meeting Date: 06/22/2021 Prepared by: Title: Field Inspector, Senior – Transportation Engineering Name: John Conti 05/12/2021 9:22 AM Submitted by: Title: Division Director - Transportation Eng – Transportation Engineering Name: Jay Ahmad 05/12/2021 9:22 AM Approved By: Review: Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Completed 05/12/2021 12:14 PM Procurement Services Sarah Hamilton Additional Reviewer Completed 05/12/2021 4:42 PM Growth Management Department Lissett DeLaRosa Growth Management Department Completed 05/13/2021 2:18 PM Growth Management Department Anthony Khawaja Additional Reviewer Completed 05/14/2021 1:52 PM Procurement Services Sue Zimmerman Additional Reviewer Completed 05/20/2021 4:36 PM Growth Management Department Lisa Taylor Additional Reviewer Completed 05/25/2021 8:30 AM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 05/26/2021 8:15 AM Procurement Services Sandra Herrera Additional Reviewer Completed 05/26/2021 1:40 PM Growth Management Department Trinity Scott Transportation Completed 05/28/2021 10:02 AM County Attorney's Office Scott Teach Additional Reviewer Completed 06/01/2021 11:14 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/01/2021 11:19 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/01/2021 11:50 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 06/14/2021 4:17 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 06/14/2021 4:23 PM Board of County Commissioners Geoffrey Willig Meeting Pending 06/22/2021 9:00 AM Growth Management Department John Conti Growth Management Skipped 05/13/2021 9:25 AM 16.A.19 Packet Pg. 949 16.A.19.aPacket Pg. 950Attachment: 20-7819 HighSpans_Contract_VendorSigned (15869 : Recommendation to approve Verification Testing for Whippoorwill 20-7819) 16.A.19.aPacket Pg. 951Attachment: 20-7819 HighSpans_Contract_VendorSigned (15869 : Recommendation to approve Verification Testing for Whippoorwill 20-7819) 16.A.19.aPacket Pg. 952Attachment: 20-7819 HighSpans_Contract_VendorSigned (15869 : Recommendation to approve Verification Testing for Whippoorwill 20-7819) 16.A.19.aPacket Pg. 953Attachment: 20-7819 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16.A.19.aPacket Pg. 985Attachment: 20-7819 HighSpans_Contract_VendorSigned (15869 : Recommendation to approve Verification Testing for Whippoorwill 20-7819) 16.A.19.aPacket Pg. 986Attachment: 20-7819 HighSpans_Contract_VendorSigned (15869 : Recommendation to approve Verification Testing for Whippoorwill 20-7819) INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. 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 any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Continental Casualty Company Zenith Insurance Company Lloyds Atlantic Specialty Insurance Company Auto Owners Insurance 5/05/2021 McGriff Insurance Services 13515 Bell Tower Drive Fort Myers, FL 33907 239 433-4535 Pam Gillmore 239 433-7169 866 802-8680 PGillmore@McGriff.com HighSpans Engineering, Inc. 2121 McGregor Blvd., Suite 200 Fort Myers, FL 33901 20443 13269 27154 18988 A X X X X B4031183735 11/14/2020 11/14/2021 2,000,000 300,000 10,000 2,000,000 4,000,000 4,000,000 E X X X X 5135582101 08/15/2020 08/15/2021 1,000,000 A X X X 10,000 B6080631646 11/14/2020 11/14/2021 5,000,000 5,000,000 B Y Z126856507 11/14/2020 11/14/2021 X 1,000,000 1,000,000 1,000,000 C D Professional Liab Employers Liab 10143L190680 B5JH28008 08/15/2020 03/24/2021 08/15/2021 03/24/2022 See description $1,000,000 ** Workers Comp Information ** Other States Coverage Proprietors/Partners/Executive Officers/Members Excluded: Vincent Zaliauskas, President Michelle Buchholz, SVP (See Attached Descriptions) Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples, FL 34112-4901 1 of 2 #S27892706/M27688910 132HIGHSENGClient#: 1457596 PAGI 1 of 2 #S27892706/M27688910 16.A.19.b Packet Pg. 987 Attachment: 20-7819 HighSpans_Insurance_8-15-21 (15869 : Recommendation to approve Verification Testing for Whippoorwill 20-7819) SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) Umbrella over General Liability, Auto Liability and Workers' Compensation *Miscellaneous Coverages* Insurer (C) Policy #10143L190680/Claims made Retroactive date: 08/15/2007 Professional Liability: Limit #1: $1,000,000 Each Claim, Deductible #1: $15,000.00 Per Claim Limit #2: $1,000,000 Aggregate, Deductible #2: $45,000.00 Aggregate Limit 1 Description Code: Per Loss; Limit 2 Description Code: Aggregate Insurer (D) Policy #B5JH28008 Maritime-Employers Liability Coverage limit $1,000,000 any person/any one accident because of bodily injury by accident Deductible $5,000 Additional Insured status is provided per the attached endorsements. RE: Verification Testing Services for Whippoorwill Lane & Marbella Lakes Drive Extension Contract #20-7819 2 of 2 #S27892706/M27688910 16.A.19.b Packet Pg. 988 Attachment: 20-7819 HighSpans_Insurance_8-15-21 (15869 : Recommendation to approve Verification Testing for Whippoorwill 20-7819) SB146968C (Ed.10-19) IMPORTANT:THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT.SEE PARAGRAPH C.,OF THIS ENDORSEMENT FOR THESE DUTIES. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE AND BLANKET WAIVER OF SUBROGATION Architects,Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A.Who Is An Insured is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement;but the written contract or written agreement must be: 1.Crrently in effect or becoming effective during the term of this policy;and 2.Executed prior to the: a."Bodily injury"or "property damage";or b.Offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage B.The insurance provided to the additional insured is limited as follows: 1.The person or organization is an additional insured only with respect to liability for "bodily injury,""property damage"or "personal and advertising injury"caused in whole or in part by: a.Your acts or omissions;or b.The acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the written contract or written agreement;or c."Your work"that is specified in the written contract or written agreement,but only for "bodily injury"or "property damage"included in the "products-completed operations hazard,"and only if: (1)The written contract or written agreement requires you to provide the additional insured such coverage; and (2)This Coverage Part provides such coverage. 2.The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy,whichever is less.These Limits of Insurance are inclusive of,and not in addition to,the Limits of Insurance shown in the Declarations. 3.The insurance provided to the additional insured does not apply to "bodily injury,""property damage"or "personal and advertising injury"arising out of an architect's,engineer's,or surveyor's rendering of or failure to render any professional services including: a.The preparing,approving,or failing to prepare or approve maps,shop drawings,opinions,reports,surveys, field orders,change orders or drawings and specifications by any architect,engineer or surveyor performing services on a project of which you serve as construction manager;or b.Inspection,supervision,quality control,engineering or architectural services done by you on a project of which you serve as construction manager. 4.The insurance provided to the additional insured does not apply to "bodily injury,""property damage"or "personal and advertising injury"arising out of construction or demolition work while you are acting as a construction or demolition contractor. SB146968C (Ed.10-19)Page 1 of 3 Copyright,CNA All Rights Reserved.40020003540311837352328HighSpans Engineering, Inc. B4031183735 16.A.19.b Packet Pg. 989 Attachment: 20-7819 HighSpans_Insurance_8-15-21 (15869 : Recommendation to approve Verification Testing for Whippoorwill 20-7819) SB146968C (Ed.10-19) C.Under Businessowners Liability Conditions,the condition entitled Duties In The Event of Occurrence,Offense, Claim or Suit is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1.Give written notice of an occurrence or an offense to us which may result in a claim or "suit"under this insurance; 2.Tender the defense and indemnity of any claim or "suit"to us for a loss we cover under this Coverage Part; 3.Except as provided for in paragraph D.2.below: a.Tender the defense and indemnity of any claim or "suit"to any other insurer which also has insurance for a loss we cover under this Coverage Part;and b.Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit"from the additional insured. D.With respect only to the insurance provided by this endorsement,the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2.and 3.and replace them with the following: 2.This insurance is excess over any other insurance available to the additional insured, whether primary,excess, contingent or on any other basis,But if required by the written contract or written agreement,this insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured. 3.When this insurance is excess,we will have no duty under Business Liability insurance to defend the additional insured against any "suit"if any other insurer has a duty to defend the additional insured against that "suit"If no other insurer defends,we will undertake to do so,but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance,we will pay only our share of the amount of the loss,if any, that exceeds the sum of: (a)The total amount that all such other insurance would pay for the loss in the absence of this insurance;and (b)The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss,if any,with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E.Additional Insured –Extended Coverage When an additional insured is added by this or any other endorsement attached to this Coverage Part,the section entitled Who Is An Insured is amended to make the following natural persons insureds: If the additional insured is: 1.An individual,then his or her spouse is an insured; 2.A partnership or joint venture,then its partners,members and their spouses are insureds; 3.A limited liability company,then its members and managers are insureds; 4.An organization other than a partnership,joint venture or limited liability company,then its executive officers, directors and shareholders are insureds;or 5.Any type of entity,then its employees are insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions,and only with respect to their respective roles within their organizations.Furthermore,employees of additional insureds are not insureds with respect to liability arising out of: (1)"Bodily injury"or "personal and advertising injury"to any fellow employee or to any natural person listed in paragraphs 1.through 4.above; SB146968C (Ed.10-19)Page 2 of 3 Copyright,CNA All Rights Reserved. 16.A.19.b Packet Pg. 990 Attachment: 20-7819 HighSpans_Insurance_8-15-21 (15869 : Recommendation to approve Verification Testing for Whippoorwill 20-7819) SB146968C (Ed.10-19) (2)"Property damage"to property owned,occupied or used by their employer or by any fellow employee;or (3)Providing or failing to provide professional health care services. F.The condition entitled Transfer of Rights of Recovery Against Others to Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to deleted paragraph 2.and replace it with the following: 2.We waive any right of recovery we may have against any person or organization with whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work"done under a contract with that person or organization and included within the "products-completed operations hazard." All other terms and conditions of the Policy remain unchanged. SB146968C (Ed.10-19)Page 3 of 3 Copyright,CNA All Rights Reserved.4002000354031183735232916.A.19.b Packet Pg. 991 Attachment: 20-7819 HighSpans_Insurance_8-15-21 (15869 : Recommendation to approve Verification Testing for Whippoorwill 20-7819) ºŁº łº ˝ ˛˝ ˝ —˙ —˝ ˛ ˛¸˙ ˝ ˝¸˛ ˛ ˚˛ ¸˝ ˙ ˚˛ ˚˛ ‚•› »†…–ﬁ›»‡»†‹ ‡–…•”•»› •†›«ﬁ¿†‰» ﬁ–“•…»… «†…»ﬁ ‹‚» ”–··–'•†„ ˛ ¸ —˙ ˝ ˚˛ ¸˝ ˙ ˚˛ •› ¿‡»†…»… ‚» ”–··–'•†„ ﬁ–“•›•–† •› ¿……»… †§ »ﬁ›–† –ﬁ –ﬁ„¿†•ƒ¿‹•–† •› ¿† •†›«ﬁ»… ”–ﬁ –“»ﬁ»… «‹–› •¿•·•‹§ –“»ﬁ¿„» «‹ –†·§ ‹– ‹‚» »¤‹»†‹ ‹‚¿‹ »ﬁ›–† –ﬁ –ﬁ„¿†•ƒ¿‹•–† ﬂ«¿·•”•»› ¿› ¿† •†›«ﬁ»… «†…»ﬁ ˝ ˚˛ ¸˝ ˙ ˚˛ ˚˛ ‚– › † †›«ﬁ»… ·· –‹‚»ﬁ –·•‰§ ‹»ﬁ‡› ¿†… ‰–†…•‹•–†› ¿·§ ºŁº łº†‰·«…»› ‰–§ﬁ•„‚‹»… ‡¿‹»ﬁ•¿· –” †›«ﬁ¿†‰» ˝»ﬁ“•‰»› ””•‰» †‰ '•‹‚ •‹› »ﬁ‡•››•–†—¿„» –” HighSpans Engineering, Inc. 5135582101 16.A.19.b Packet Pg. 992 Attachment: 20-7819 HighSpans_Insurance_8-15-21 (15869 : Recommendation to approve Verification Testing for Whippoorwill 20-7819) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - BLANKET COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL AUTO POLICY SECTION V - CONDITIONS, B. GENERAL CONDI- TIONS, 2. Other Insurance is amended. The following provision is added as it applies to this endorsement only. When this insurance is primary and there is other in- surance for any person or organization, other than a Named Insured, which covers liability for your oper- ations, contribution from such other insurance shall not be sought by us when: (1) There is a written agreement between you and such person or organization that this insurance shall be primary and without the right of contribution; and (2) Such written agreement was in force prior to any bodily injury or property damage. All other policy terms and conditions apply. 58540 (12-19) Includes copyrighted material of Insurance Services Office Inc., with its permission.Page 1 of 1 58540 (12-19)HighSpans Engineering, Inc. 5135582101 16.A.19.b Packet Pg. 993 Attachment: 20-7819 HighSpans_Insurance_8-15-21 (15869 : Recommendation to approve Verification Testing for Whippoorwill 20-7819)