Contract #07-4128
~ COLLIER COUNTY GOVERNMENT
Administrative Services Division
Purchasing Department
Contract Administration
Purchasing Building
3301 E. Tamiami Trail
Naples, Florida 34112
Telephone: 239/252-8941
FAX: 239/530-6700
www.colliergov.net
August 28, 2007
John P. Ribes, FALSA
JRL Design
405-5th Avenue South, Suite 5
Naples, FL 34102
RE: Contract #07-4128 "Design Services for Bayshore Drive Bridge Lighting and
Landscaping"
Dear Mr. Ribes:
We are pleased to enclose your copy of the fully executed contract for the above-referenced
services dated August 28, 2007.
We anticipate a successful relationship, and in order to meet that goal, we want to convey
our expectations regarding your role as a consultant as follows:
1. Flexibility in making changes, including resource allocation as the need arises;
2. Creativity in finding cost-effective solutions to unanticipated problems;
3. Management and coordination of sub-consultants;
4. Cooperation and timely communication with County Project Manager and staff;
5. Proper documentation of costs and expenses associated with this contract.
Congratulations on the award of this contract. Should you have any questions, please do
not hesitate to contact me at 239/252-8941.
Very truly y~
~~~~ingS'Cp~~
Contract Specialist
C: Darryl Richard, ATM/Trans.
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Contract 07 - 4128
Desig" Services for Bayshore Drive Bridge Lighting and Landscaping
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this ~ay of Au..-:)'~5-t
200:1, 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 JRL Design, authorized to do business in the State of Florida, whose business
address is 405 5th Avenue South, Suite 5, Naples, FL 34102 (hereinafter referred to as the
"CONSULTANT").
WIT N E SSE T H:
WHEREAS, the OWNER desires to obtain the professional Design Consulting services
of the CONSULTANT concerning Bayshore Drive Bridge Lighting and Landscaping
(hereinafter referred to as the "Project"), said services being more fully described in Schedule
A, "Scope of Services", which is attached hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
and
WHEREAS, the CONSULTANT represents that it has expertise In the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
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ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Design Consulting services in all
phases of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County,
Florida, including, but not limited to, all licenses required by the respective state boards and
other governmental agencies responsible for regulating and licensing the professional services
to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ andlor retain only
qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates John P. Ribes, FASLA, 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
whatever time is required to satisfactorily manage the services to be provided and performed by
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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.
1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount
for the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete andlor deficient documents, failure to comply with local, state andlor
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federal requirements andlor codes and ordinances applicable to Consultant's performance of
the work as related to the project. This list is not deemed to be all-inclusive, and the County
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these
funds would be forfeited by the Consultant. The County may also deduct or charge the
Consultant for services andlor items necessary to correct the deficiencies directly related to the
Consultant's non-performance whether or not the County obtained substitute performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt
written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the
RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall
have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-
pavement - EOP, etc), and adhere to industry standard CAD specifications.
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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 be approved in writing via an Amendment to this Agreement prior to starting such
services. OWNER will not be responsible for the costs of Additional Services commenced
without such express prior written approval. Failure to obtain such prior written approval for
Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such
Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but
rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER
determines that a change in the Agreement is required because of the action taken by
CONSULTANT in response to an emergency, an Amendment shall be issued to document the
consequences of the changes or variations, provided that CONSULTANT has delivered written
notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT
knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written
notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an
adjustment to its compensation or time of performance under this Agreement. The following
services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional
Services:
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2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
2.2. Services resulting from significant changes in the general scope, extent or character of the
Project or its design including, but not limited to, changes in size, complexity, OWNER'S
schedule or character of construction; and revising studies, reports, design documents or
Contract Documents previously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
reasonably anticipated prior to the preparation of such studies, reports or documents, or are
due to any other causes beyond CONSULTANT'S control and fault.
2.3 Providing renderings or models for OWNER'S use.
2.4 Investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; and evaluating processes available for licensing
and assisting OWNER in obtaining such process licensing.
2.5. Furnishing services of independent professional associates and consultants for other than
the Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by OWNER, other than visits to the Project site or OWNER's office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided
for herein.
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2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise
provided for in this Agreement or not customarily furnished in Collier County as part of the Basic
Services in accordance with generally accepted professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatever:
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay
the CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by
the CONSULTANT for payment for services and work provided and performed
in accordance with this Agreement;
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(b) Provide all criteria and information requested by CONSULTANT as to
OWNER's requirements for the Project, including design objectives and
constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings, specifications,
shop drawings, product literature, previous reports and any other data relative
to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under
this Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts
of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to
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have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or
remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may
withhold any and all payments due and owing to the CONSULTANT until such time as the
CONSULTANT resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or
will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT
be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay
or any other damages hereunder.
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ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other
technical data, other than working papers, prepared or developed by or for CONSULTANT
under this Agreement ("Project Documents"). OWNER shall specify whether the originals or
copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall
be solely responsible for all costs associated with delivering to OWNER the Project Documents.
CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and
internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring
OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a
nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this
Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this
license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project
Documents to complete the Project following CONSULTANT'S termination for any reason or to
perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT
also acknowledges OWNER may be making Project Documents available for review and
information to various third parties and hereby consents to such use by OWNER.
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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
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 0 to
this Agreement.
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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 Board of County Commissioners, 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 0, must identify the specific Project
name, as well as the site location and address (if any).
9.3.5. All insurance policies shall be fully performable in Collier County, Florida,
and shall be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and
received by OWNER, except such rights as they may have to the proceeds of such
insurance held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the
Department of Insurance of the State of Florida to transact the
appropriate insurance business in the State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial
rating of "Class VI" or higher.
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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
Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not
be removed or replaced without OWNER'S prior written consent.
1 0.3 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
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appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into
similar agreements with its sub-subconsultants or sub-subcontractors.
1 0.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor
payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against
CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or
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directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate
this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days
written notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
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.
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12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty-five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
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ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs
supporting the compensation for CONSULTANT'S services to be provided under this
Agreement are accurate, complete and current at the time of the Agreement. The
CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement price
was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such
interest shall be employed to perform those services.
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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 H
3301 Tamiami Trail East
Naples, FI. 34112
Attention: Stephen Y. Carnell, PurchasinglGeneral Services Director
Fax: 239-732-0844
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:
JRL Design
405 5th Avenue South, Suite 5
Telephone: 239-261-4007
Attn: John P. Ribes, FALSA
Fax: 239-261-5378
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.
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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
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.
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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
Drawings (Site Map and Sheets 1-4)
Appendix I Terms for Federal Aid Contracts
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule 0 INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSUL TANTS 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.
ARTICLE NINETEEN
SECURING AGREEMENTIPUBLlC 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
PS:,\
20
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement. At the time this Agreement is
executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate
identified in Article 13 and attached hereto and made a part hereof as Schedule E.
CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with
a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real
property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with
any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on
the convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
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
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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 Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT
to comply with the laws referenced herein shall constitute a breach of this agreement and the
County shall have the discretion to unilaterally terminate this agreement immediately.
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for 07- 4128 Design Services for Bayshore Drive Bridge Lighting and
Landscaping the day and year first written above.
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
By: _~'n :0 I Gttllf
Stephen' . Carne
Purchasing/General Services Director
JRL Design
Witness
.a4lAab '~~1.L , 1.IirJ,)llA!ern~1:JJC
Type~~-<~
Witn s
By:
J \\3E:":> c.~.l?
Typed Name and Title
4w1J-<U.J 6;de MaM kell<~
Typed Name and Title F .
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SCHEDULE A
SCOPE OF SERVICES
SCOPE OF SERVICES
1. DESCRIPTION OF PROJECT:
1.1. This Project is located at station 201 Bayshore Drive to station 209. The project area is
Bayshore Bridge and all area within right-of-way extending 300 feet North to station 209
Bayshore Drive and all area within right-of-way extending 300 feet South to station 201
Bayshore Drive.
The landscape segment will be constructed within County maintained road right-of-way.
The landscape segment will not cause adverse impacts to local traffic patterns, property
access, community cohesiveness, planned community growth, land use patterns, air,
wetland, noise, water quality, endangered and threatened species and their critical
habitat.
The improvements include lighting, incidental landscaping, irrigation improvements to
include pavers. (see site maps).
2. PROGRAM VERIFICATION:
2.1. CONSULTANT shall review the OWNER'S program documents and design guidelines,
to ascertain the requirements of the Project and shall either meet the design
requirements set forth therein or CONSULTANT shall submit a written request for
variance, identifying specific exceptions. OWNER may, at its discretion, accept or reject
the request for variance. CONSULTANT shall prepare and submit a report on the
program for OWNER'S review and approval.
2.4 CONSULTANT shall review the OWNER'S budget and any applicable cost estimates as
compared to the OWNER'S program documents. The CONSULTANT shall confirm in
writing to the OWNER whether the Project can be designed and successfully constructed
within the limits of the OWNER'S budget and program constraints.
3. SCHEMATIC DESIGN:
3.1. Based upon the mutually agreed-upon Project program, schedule and budget by
OWNER and CONSULTANT, CONSULTANT shall prepare, Schematic Design
Documents in compliance with OWNER'S design guidelines for approval by OWNER.
OWNER'S acceptance of Schematic Design Documents in no way relieves
CONSULTANT of its obligation to deliver complete and accurate documents necessary
for successful construction of this Project.
3.2. CONSULTANT shall work with the Project Manager and other users of the Project to
meet design requirements and identify the areas within the facility design which offer the
greatest potential for the elimination of unnecessary costs. OWNER'S design guidelines
shall not be eliminated as value engineering items.
3.3. CONSULTANT shall prepare a master site plan that identifies future program changes
impacting site development and physical expansion with particular emphasis on
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curriculum, accessibility (including all ADA requirements), growth trends, traffic
separation, safety, and facility improvements.
3.4 CONSULTANT'S final Schematic Design submittal and presentation shall include, but
not be limited to, the Schematic Phase requirements found in OWNER'S design
guidelines.
3.5. If the Project is at an existing facility, the CONSULTANT shall prepare a minimum of
three (3) phasing options, with input from the OWNER and Contractor and as part of
Schematic Design Phase. This approach to design and construction shall be phased
during continued operation of the facility while identifying the best schedule and optimal
cost for construction.
3.6 CONSULTANT shall conduct a pre-submittal document review meeting with the
OWNER'S Project Manager prior to submission of the Schematic Design Documents.
CONSULTANT shall be required to conduct at least one formal presentation at
completion of this phase to demonstrate how OWNER'S previously submitted comments
have been incorporated into the design documents.
3.7 All Schematic Design Documents prepared by or for CONSULTANT are subject to
OWNER'S review and approval. At completion of the Schematic Design Phase,
CONSULTANT shall submit the Schematic Design Documents to the Project Manager
for review and comment. CONSULTANT shall respond in writing to the review
comments within 14 calendar days of receipt. Responses shall be forwarded directly to
the OWNER'S Project Manager. CONSULTANT shall revise the Schematic Design
Documents as required by OWNER in order to obtain OWNER'S written approval and
authorization to proceed to the Design Development Phase.
3.8 As part of Basic Services, CONSULTANT will be required to provide OWNER with a cost
estimate as part of the Schematic Design Documents, together with a written explanation
for all variances between that cost estimate and OWNER'S approved Project
construction budget. The cost estimate format shall be subject to OWNER'S approval
and may require electronic submission of cost estimate information. If CONSULTANT'S
cost estimate or any other estimate prepared by or for OWNER based upon the
Schematic Design Documents indicate that construction costs will exceed OWNER'S
approved Project construction budget, CONSULTANT shall revise the Schematic Design
Documents to bring them within OWNER'S approved Project construction budget.
CONSULTANT shall be solely responsible for all costs and expenses which it may incur
in revising the Schematic Design Documents to bring them within OWNER'S approved
Project construction budget. If OWNER requires a detailed construction cost estimate
from CONSULTANT, such estimate shall be provided as an Additional Service.
4. DESIGN DEVELOPMENT PHASE:
After OWNER'S review and approval of the Schematic Design Documents and issuance of
OWNER'S written authorization to proceed, CONSULTANT shall commence the Design
Development services and perform the following:
4.1. Develop design documents to a level of definitiveness and detail to fix and describe the
size and character of the various Project components and each Project discipline and
system as may be appropriate for this stage of development, including long lead and
special order materials and equipment.
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4.2. Continue developing the architectural, civil, structural, mechanical, electrical, security,
and other discipline's responsibilities that establish the final scope and details for that
discipline's work.
4.3. Perform materials research and prepare specifications specific to Project requirements in
draft form.
4.4. Identify and properly coordinate the requirements of the various utility services that have
an impact upon the Project Design. Drainage investigations and drainage designs shall
be coordinated with storm water management district having jurisdiction on the site.
4.5. Work with the OWNER'S Project Manager and other users of the Project to meet design
requirements and identify the areas within the facility design, which offer the greatest
potential for the elimination of unnecessary costs. OWNER'S design guidelines shall not
be eliminated as value engineering items.
4.6. Evaluate alternative ideas in terms of their feasibility to construct, time and cost.
4.7. Develop selected alternative ideas in detail with emphasis on their technical durability,
constructability and life cycle cost.
4.8 CONSULTANT'S final Design Development submittal and presentation shall include, but
not be limited to, the requirements found in OWNER'S design guidelines.
4.9 CONSULTANT shall prepare and submit with the Design Development Documents a
quality assurancelquality control (QAlQC) itemized checklist such as "RediCheck"
interdisciplinary review system or similar, confirming that the Design Development
Documents submittal is in compliance with the OWNER'S program submission
requirements and that all project design disciplines have been coordinated.
4.10. CONSULTANT shall conduct a pre-submittal document review meeting with the
OWNER'S Project Manager prior to submission of the Design Development Documents.
CONSULTANT, may be required, to conduct at least one presentation at completion of
this phase to demonstrate how OWNER'S previously submitted comments were
incorporated into the design documents.
4.11 All Design Development Documents prepared by or for CONSULTANT are subject to
OWNER'S review and approval. At completion of the Design Development Phase,
CONSULTANT shall submit the Design Development Documents to the Project Manager
for review and comment. CONSULTANT shall respond in writing to the review
comments within 14 calendar days of receipt. Responses shall be forwarded directly to
the OWNER'S Project Manager. CONSULTANT shall revise the Design Development
Documents as required by OWNER in order to obtain OWNER'S written approval and
authorization to proceed to the Construction Documents Phase.
4.12. As part of Basic Services, CONSULTANT will be required to further develop and update
the cost estimate as part of the Design Development Documents and bring to OWNER'S
attention in writing any variances between that updated cost estimate and OWNER'S
approved Project construction budget. Cost estimate format shall be subject to
OWNER'S approval and may require electronic submission of cost estimate information.
If CONSULTANT'S updated cost estimate or any other estimate prepared by or for
OWNER based upon the Design Development Documents indicate that construction
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costs will exceed OWNER'S approved Project construction budget, OWNER may elect to
modify its budget andlor require CONSULTANT to revise the Design Development
Documents to bring them within OWNER'S approved Project construction budget.
CONSULTANT shall be solely responsible for all costs and expenses which it may incur
in revising the Design Development Documents to bring them within OWNER'S approved
Project construction budget.
5. CONSTRUCTION DOCUMENTS:
After OWNER'S review and approval of the Design Development Documents and issuance of
OWNER'S written authorization to proceed, CONSULTANT shall commence the Construction
Documents services and perform the following:
5.1. Prepare final calculations, Construction Documents setting forth in detail each
discipline's requirements into a cohesive whole based upon the approved Design
Development Documents and consultations with OWNER'S Project Manager.
5.2. Prepare final quality assurance/quality control (QAlQC) itemized checklist such as
"RediCheck" interdisciplinary review system or similar, confirming that the Construction
Documents submission is in compliance with the OWNER'S program submission
requirements and that all project design disciplines have been coordinated.
5.3. Complete the Project Manual in accordance with OWNER'S design guidelines.
5.4. Prepare and file all applications, data and documents required to obtain the approval of
all authorities having jurisdiction over the Project, including any applicable storm water
management districts and State and local fire marshals. This shall be accomplished at
the appropriate time, but not later than the ninety percent (90%) completion point of this
phase. To insure the timely approval of all permits necessary for the construction of the
Project, including all environmental permits, CONSULTANT shall advise OWNER and
schedule the necessary contacts and liaison with all authorities having permit jurisdiction
over the Project, and shall furnish, on a timely basis, such plans, data and information as
may be necessary to secure approval of the required permits. CONSULTANT shall, at
no additional cost to OWNER, make all reasonable and necessary revisions to the
Construction Documents required to obtain the necessary permit approvals for
construction of the Project.
5.5. CONSULTANT shall update the campus Master Plan drawings to reflect the current as
built condition related to the overall Master Plan goals.
5.6. All Construction Documents prepared by or for CONSULTANT are subject to OWNER'S
review and approval. At completion of the Construction Documents Phase,
CONSULTANT shall submit the Construction Documents to the Project Manager for
review and comment. CONSULTANT shall respond in writing to the review comments
within 14 calendar days of receipt. Responses shall be forwarded directly to the
OWNER'S Project Manager. CONSULTANT shall revise the Construction Documents
as required by OWNER to obtain OWNER'S written approval of such documents.
5.7. As part of Basic Services, CONSULTANT will be required to further develop and update
its cost estimate as part of the Construction Documents, and notify OWNER in writing of
any variances between that updated cost estimate and OWNER'S approved Project
construction budget. If CONSULTANT'S updated budget estimate or any other estimate
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prepared by or for OWNER based upon the Construction Documents indicate that
construction costs will exceed OWNER'S approved Project construction budget, OWNER
may elect to modify its budget andlor require CONSULTANT to revise the Construction
Documents to bring them within OWNER'S approved Project construction budget.
CONSULTANT shall be solely responsible for all costs and expenses which it may incur
in revising the Construction Documents to bring them within OWNER'S approved Project
construction budget.
5.8 As used herein, the term "Construction Documents" refers to all documents to be
prepared by and for CONSULTANT pursuant to this Agreement with respect to the
construction of the Project, including, but not limited to, all drawings, specifications, bid
documents, Project Manual, contract conditions, and Addenda.
6. BUILDING PERMIT PHASE
6.1 CONSULTANT is responsible for cooperating with and providing assistance to OWNER
and Contractor with respect to the applicable building permit application process and the
issuance of all necessary and required permits for the Project.
6.2 As part of the building permit application package, the CONSULTANT shall provide the
applicable building permit office with the number of complete sets of signed and sealed
Construction Documents and all other bidding documents prepared by the
CONSULTANT as indicated in the Deliverable Schedule set forth in OWNER'S design
guidelines. Each of the drawings and the cover sheet of the Project Manual shall be
signed, sealed, and dated by the CONSULTANT.
7. BIDDING PHASE
CONSULTANT shall cooperate with and assist OWNER during the Bidding Phase as hereafter
provided with respect to the selection of the Contractor:
7.1. CONSULTANT shall provide the OWNER'S Project Manager with one electronic copy of
the Construction Documents and all other bidding documents prepared by or for
CONSULTANT. Dependent upon the Project schedule, the Bidding Phase may take
place prior to or concurrently with review of the Construction Documents. Accordingly,
CONSULTANT may be required, as directed by OWNER, to provide bidders with design
documents and other bidding documents prior to one-hundred percent (100%) final
approved Construction Documents.
7.2. CONSULTANT shall assist OWNER in reviewing, evaluating and advising OWNER
regarding bids. CONSULTANT shall attend the pre-bid conferences and shall be
responsible for developing and providing to OWNER any addenda to the Contract
Documents that result from those conferences. The CONSULTANT shall make a written
recommendation to the OWNER with respect to the OWNER entering into an agreement
with the apparent Successful Bidder.
7.3. CONSULTANT shall prepare any required addenda to the Construction Documents and
submit addenda for OWNER review and approval. CONSULTANT shall respond only to
questions or requests for clarifications concerning the Construction Documents
submitted in writing by OWNER. Written questions by bidders during bidding shall be
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answered by the CONSULTANT through the issuance of an Addenda through the
Owner's Purchasing Department.
8. CONSTRUCTION PHASE:
8.1. CONSULTANT shall keep OWNER apprised of all contacts andlor communications
between CONSULTANT and Contractor. OWNER shall be copied on all
correspondence between CONSULTANT and Contractor. All contacts andlor
communications between CONSULTANT and the various subcontractors shall be routed
through Contractor.
8.2. During the Construction Phase, CONSULTANT shall provide the following services:
8.2.1. Prepare a list of required submittals for shop drawings, product data,
samples, warrantees, and other submittals required by Contract
Documents, in tabular form which will indicate specification section
number and section name (CSI Format) per Project Manual Table of
Contents.
8.2.2. Process, review, respond and distribute shop drawings, product data,
samples, substitutions and other submittals required by the Construction
Documents within five (5) business days.
8.2.3. Maintenance of a master file of all submittals, including submittal register,
made to CONSULTANT, with duplicates for OWNER. OWNER'S copy
shall be in electroniclCD format and submitted at time of Substantial
Completion.
8.2.4. Construction field observation services consisting of visits to the Project
site as frequently as necessary, but not less than once every week, to
become generally familiar with the progress and quality of the Work and
to determine in general if the Work is proceeding in accordance with the
Construction Documents. When CONSULTANT discovers portions of the
Work which do not conform to the Construction Documents,
CONSULTANT, shall have the authority and duty to reject such Work.
Provide a written report of each visit, within five (5) business days from
the CONSULTANT'S site visit, to the OWNER'S Project Manager. This
field observation requirement shall apply to any subconsultants or
subcontractors of CONSULTANT at appropriate construction points.
8.2.5. CONSULTANT, as representative of OWNER during construction, shall
advise and consult with OWNER. Through its on-site observations of the
Work in progress and field checks of materials and equipment,
CONSULTANT shall endeavor to provide protection for OWNER against
defects and deficiencies in the Work of Contractor and the various
subcontractors of Contractor.
8.2.6. Prior to the first Application for Payment, the CONSULTANT shall review
the Contractor's Schedule of Values and recommend adjustments.
Based on such observations at the site and on the Applications for
Payment submitted by the Contractor, CONSULTANT shall recommend
the amount owing to Contractor and shall acknowledge the Application for
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Payment initially completed by the Contractor for such amounts. The
issuance of Certificate of Payment shall constitute a representation by
CONSULTANT to OWNER that: (i) the Work has progressed to the point
indicated; (ii) that to the best of CONSULTANT'S knowledge, information
and belief, the quality of the Work is in accordance with the Construction
Documents subject to minor deviations from the Construction Documents
correctable prior to completion, and to any specific qualifications stated in
the Application for Payment; and (iii) Contractor is entitled to payment in
the amount certified.
8.2.7. CONSULTANT shall review claims for extra compensation, or extensions
of time from Contractor, make written recommendations to OWNER
within five (5) business days concerning validity, and prepare responses
for OWNER.
8.2.8. CONSULTANT shall be, in the first instance, the interpreter of the
requirements of the Construction Documents. CONSULTANT shall
render opinions on all claims of Contractor relating to the execution and
progress of the Work and on all other matters or questions related
thereto. CONSULTANT'S decisions in matters relating to artistic effect
shall be final if consistent with the intent of the Construction Documents,
subject to OWNER'S approval. CONSULTANT shall review for comment
or approval any and all proposal requests, supplemental drawings and
information, substitutions, value engineering suggestions and change
orders.
8.2.9. Prepare, reproduce and distribute supplemental drawings, specifications
and interpretations in response to requests for clarification by Contractor
or OWNER as required by construction exigencies. CONSULTANT'S
response to any such request must be received by OWNER and
Contractor within five (5) business days. CONSULTANT will review and
respond to all submittals from Contractor, including but not limited to shop
drawings, within a reasonable period of time so as not to delay the
progress of the Work, but in no event, more than five (5) business days,
unless OWNER expressly agrees otherwise in writing. Review of
Contractor's submittals is not conducted for the purpose of determining
the accuracy and completeness of other details, such as dimensions and
quantities, or for substantiating instructions for installation or performance
of equipment or systems, all of which remain the responsibility of
Contractor as required by the Contract Documents. CONSULTANT'S
review shall not constitute approval of safety precautions or, unless
otherwise specifically stated by CONSULTANT, of any construction
means, methods, techniques, sequences or procedures.
CONSULTANT'S approval of a specific item shall not indicate approval of
an assembly of which the item is a component.
8.2.10. CONSULTANT shall have authority to reject Work which does not
conform to the Construction Documents. Whenever, in its reasonable
opinion, CONSULTANT considers it necessary or advisable to insure the
proper implementation or the intent of the Construction Documents,
subject to OWNER'S prior written approval, CONSULTANT will have
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authority to require special inspection or testing of any Work in
accordance with the provisions of the Construction Documents whether or
not such Work be then fabricated, installed or completed.
8.2.11. CONSULTANT shall review and provide written comment upon all
Change Orders requests by the Contractor, as well as any cost estimate
associated with a Change Order request, prepared by Contractor. Upon
agreement by the OWNER, the CONSULTANT shall prepare and provide
Change Orders or Work Change Directives to the OWNER in accordance
with the OWNER'S Administrative Procedures for approval and issuance
to the Contractor and revise the Construction Documents accordingly.
8.2.12 CONSULTANT shall submit to the applicable building permit office the
number of sets of drawings andlor documents reflecting the approved
changes in the Work as may be required by that office. Code compliance
issues must be approved by the applicable building permit office prior to
inspection of the subject Work.
8.2.13. CONSULTANT shall review the Project schedule, subcontractor
construction schedule(s), schedule(s) of shop drawing submittals and
schedule(s) of values prepared by Contractor and advise andlor
recommend in writing to OWNER concerning their acceptability.
8.2.14. CONSULTANT shall attend meetings with Contractor, such as
preconstruction conferences, progress meetings, job conferences, pre-
closeout meetings and other Project-related meetings, and provide the
official meeting minutes for these meetings. The CONSULTANT'S official
meeting minutes will be in addition to any meeting agenda, or meeting
minutes prepared by the Contractor.
8.2.15. Receive notice from Contractor if other work related to the Project by
OWNER'S own forces, by utility owners, or by other direct contractors will
involve additional expense to Contractor or require additional time and
promptly advise OWNER in writing.
8.2.16. Receive copies of all accident reports submitted by Contractor and
promptly advise OWNER.
8.2.17. Advise OWNER of facts known to CONSULTANT which may constitute
an event of default on the part of the Contractor under the Contract
Documents, and advise and make recommendations to the OWNER with
respect to the remedies available to the OWNER under the Contract
Documents.
8.2.18. Review and comment upon, without assuming any liability for,
Contractor's quality control program.
8.2.19. Review the Work to confirm that the plans and facility comply with the
current Florida Building Code, and maintain a copy of the current Florida
Building Code at its office for review by Contractor. Report any
discrepancies observed or noted to OWNER. The applicable building
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permit office will prepare and issue the Certificate of Occupancy at the
appropriate time to the Contractor, on the form approved by OWNER .
8.2.20. CONSULTANT shall manage the OWNER'S Project closeout process.
Upon notice from Contractor, and with the assistance of OWNER,
CONSULTANT shall conduct the Substantial Completion inspection and if
appropriate issue the Certificate of Substantial Completion. Review and
comment upon, and supplement as appropriate, the punch lists to be
prepared by Contractor. Notify Contractor in writing of work not complete.
8.2.21. Upon notice from Contractor, conduct final inspections and assist
OWNER in final acceptance of Project. If appropriate, issue the
Certificate of Final Inspection on the form approved by OWNER .
8.2.22. Evaluate all testing results and make recommendations to OWNER.
8.2.23. Assist OWNER in the establishment of programs of operation and
maintenance of the physical plant and equipment.
8.2.24. Assist OWNER and Contractor in the training of the facility operation and
maintenance personnel with respect to the proper operations, schedules,
procedures and inventory controls for the various Project equipment and
systems. Such assistance shall include assisting OWNER in arranging
for and coordinating the instruction and training on operations and
maintenance of the Project's equipment and systems in conjunction with
the various manufacturer representatives. Further, CONSULTANT is to
attend all such training sessions, unless otherwise consented to by
OWNER in writing.
8.2.25. Review for compliance with Contractor's obligation under the Contract
Documents, all operation and maintenance manual submittals, prior to
submittal to OWNER.
8.2.26. Schedule via OWNER and visit with OWNER and Contractor the facility at
initial occupancy and at six (6) and eleven (11) months after issuance of
the Certificate of Substantial Completion. During each facility visit,
CONSULTANT shall observe, troubleshoot and advise in the operation of
building systems. This shall not relieve CONSULTANT of its obligation to
make other visits to the facility based on need should specific issues
arise.
8.2.27. After Contractor provides CONSULTANT with its marked-up "As-Built"
drawings and specifications, CONSULTANT will revise the final approved
Construction Documents to incorporate all "As-Built" information
contained in the Contractor's marked-up "As-Built" drawings and
specifications, as well as to reflect all addenda, contract changes and
field changes (sometimes referred to herein as the "Record Documents").
CONSULTANT shall provide OWNER with one (1) electronic copy on
compact disk (CD) of the Record Documents, two sets of the conformed,
signed and sealed drawings and prints, and two sets of the conformed
Project Manual/Specifications signed and sealed.
PSA
A-9
8.2.27.1 The electronic copy on CD of the Record Documents shall be
provided in AutoCAD.dwg format, "purged and bound", and
compatible with OWNER'S system.
8.2.27.2 Throughout the Construction Phase, CONSULTANT shall
review Contractor's marked-up "As-Built" drawings and Project
ManuallSpecifications, on a regular basis, and at least monthly
prior to certification of Contractor's monthly payment application, to
verify that Contractor is regularly updating the "As-Builts."
8.2.28. Consult with, and recommend solutions to, OWNER during the duration
of warranties in connection with inadequate performance of equipment,
materials or systems under warranty.
8.2.29. Submit a facility and equipment review schedule to OWNER at the time of
Substantial Completion. Perform reviews of facilities and equipment prior
to expiration of warranty period(s) to ascertain adequacy of performance,
materials, systems and equipment. Submit a written report to OWNER.
8.2.30. Document noted defects or deficiencies and assist OWNER in preparing
instructions to Contractor for correction of noted defects.
8.2.31. The CONSULTANT, upon final acceptance of the Project, shall issue and
sign the Certificate of Final Inspection on the form approved by OWNER
9. DELlVERABLES:
CONSULTANT shall furnish documents in type, format, version and quantities indicated in
the OWNER'S design guidelines.
10. SERVICES RELATING TO ALL PHASES:
1 0.1. CONSULTANT'S design documents shall be consistent with OWNER'S program
(including OWNER'S design guidelines) at all phases of design unless expressly
authorized otherwise in writing by OWNER.
1 0.2. CONSULTANT shall submit to OWNER design notes and computations to document the
design conclusions reached during the development of the Project design as requested
by OWNER.
10.3.1. The design notes and calculations shall include, but not be limited to, the
following data:
10.3.1.1
10.3.1.2
10.3.1.3
10.3.1.4
Design criteria used for the Project;
Lighting calculations;
Structural calculations;
Drainage calculations;
PSA
A-tO
10.3.1.8 Calculations as required by provisions of the Florida Energy
Conservation Standards Act (Department of Community
Affairs), latest revision;
10.3.1.10. Life Cycle Costs (Florida Administrative Code and F.S.
235.26)
10.3.1.11 Calculations showing probable cost comparisons of various
alternatives considered;
10.3.1.12 Documentation of decisions reached resulting from meetings,
telephone conversations or site visits; and
10.3.1.13 Other Project related correspondence as appropriate.
10.4 All drawing documents for the Project shall be accurate, legible, complete in design,
suitable for bidding purposes and in conformance to OWNER'S design guidelines.
Documents shall be furnished in accordance with the Deliverable Schedule.
10.5. At the time this Agreement is executed, CONSULTANT has reviewed the form of
contract to be entered into between OWNER and Contractor. In addition to all other
Basic Services to be provided by CONSULTANT hereunder, CONSULTANT agrees that
any other services noted within the contract between OWNER and Contractor to be
provided by CONSULTANT are hereby incorporated by reference into the Basic Services
to be provided by CONSULTANT hereunder. Any changes to the form of contract
between OWNER and Contractor from that reviewed by CONSULTANT, which increase
the scope of Basic Services otherwise required of CONSULTANT, will entitle the
CONSULTANT to an equitable adjustment to the Agreement for such Additional
Services, if CONSULTANT requests such adjustment in accordance with the
requirements of this Agreement.
10.6. OWNER in no way obligates itself to check CONSULTANT'S work, and further, is not
responsible for maintaining the Design Schedule.
10.7. OWNER'S approval or acceptance of any service in any phase does not relieve
CONSULTANT of any of its duties, obligations or responsibilities under this Agreement.
1 0.8. CONSULTANT'S attendance at any partnering sessions with Contractor is mandatory
and included within Basic Services
10.9. CONSULTANT acknowledges that OWNER has established a construction budget of
$150.000.00, which may be subject to adjustments, as approved by OWNER in writing.
CONSULTANT agrees to perform professional services for the Project, in accordance
with the terms and conditions set forth herein, for design of the Project at a total
construction cost to OWNER which does not exceed the above noted OWNER'S budget.
Evaluations of the Project budget and any estimates of construction cost prepared,
reviewed or agreed to by CONSULTANT represent CONSULTANT'S best judgment as a
CONSULTANT familiar with the construction industry. CONSULTANT cannot and does
not guarantee that bids or negotiated prices will not vary from any estimate of
construction cost or evaluation prepared, reviewed or agreed to by CONSULTANT.
Notwithstanding anything herein to the contrary, CONSULTANT shall revise and modify
the Construction Documents and assist in the rebidding of the Work at no additional cost
to OWNER, if all bids from responsive and responsible bidders exceed OWNER'S
construction budget, as said budget may be modified by OWNER, as provided for herein.
All such revisions and modifications of the Construction Documents shall be subject to
the review and approval of OWNER.
PSA
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A-16
TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I):
The following terms apply to this contract in which involves the expenditure of federal funds:
It is understood and agreed that all rights of the County relating to inspection, review, approval,
patens, copyrights, and audit of the work, tracing, plans, specifications, amps, data, and cost
records relating to t this Agreement shall also be reserved and held by authorized
representatives of the United States of America.
It is understood and agreed that, in order to permit federal participation, no supplemental
agreement of any nature may be entered into by the parties hereto with regard to the work to be
performed hereunder without the approval of U.S.D.O.T., anything to the contrary in this
Agreement not withstanding.
Compliance with Regulations: The Consultant shall comply with the regulations of the U.S.
Department of Transportation relative to nondiscrimination in federally-assisted programs of the
U.S. Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a part of
the contract.
Nondiscrimination: The Consultant, with regard to the work performed by him after award and
prior to completion of the contract work, will not discriminate on the grounds of race, color,
religion, sex or national origin in the selection and retention of subcontractors, including
procurements of material and leases of equipment. The consultant will not participate either
directly or indirectly in the discrimination and prohibited by Section 21.5 of the program set forth
in Appendix B of the Regulations.
Solicitations for Subcontracts, including Procurements of Material and Equipment: In all
solicitations made by competitive bidding or negotiation made by the Consultant for work to be
performed under a subcontract, including procurements of materials and leases of equipment,
each potential subcontract, supplier or lessor shall be notified by a consultant of the
consultant's obligations under this contract and the regulations relative to nondiscrimination on
the grounds of race, color, religion, sex or national origin.
Information and Reports: The Consultant will provide all information and reports required by the
Regulations, or orders and instructions issued pursuant thereto, and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined
by the Department or U.S. Department of Transportation to be pertinent to ascertain
compliance with such Regulations, orders and instruction. Where any information required of
the consultant is in the exclusive possession of another who fails or refuses to furnish this
information, the Consultant shall certify to the Department, or the U.S. Department of
Transportation, as appropriate, and shall set forth what efforts it has made to obtain the
information.
Sanctions of Noncompliance: In the event of the Consultant's noncompliance with the
nondiscrimination provisions of this contract, the State of Florida Department of Transportation
shall impose such contract sanctions as it or the U.S. Department of Transportation may
determine to be appropriate, including, but not limited to, withholding of payment to the
Consultant under the contract until the Consultant complier andlor cancellation, termination or
suspension of the contract, in whole or in part.
PSA
A-17
Incorporation of Provisions: The Consultant will include the provisions of Paragraph A through
H in every subcontract, including procurements of materials and leases of equipment unless
exempt by the Regulations, order, or instruction issued pursuant thereto. The Consultant will
take such action with respect to any subcontract or procurement as the State of Florida
Department of Transportation or the U.S. Department of Transportation may direct as a means
of enforcing such provisions, including sanctions for noncompliance; provided, however, that in
the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor
or supplier as a result of such direction, the Consultant may request the State to enter into such
litigation to protect the interests of the United States.
Interest of Members of Congress: No member of or delegate to the Congress of the United
States shall be admitted to any share or part of this contract or to any benefit arising therefrom.
Interest of Public Officials: No member, officer, or employee of the public body or of a local
public body during his tenure or for one year thereafter shall be any interest, direct or indirect, in
this contract or the proceeds thereof. For purposes of this provision, public body shall include
municipalities and other political subdivisions of States; and public corporations, boards, and
commissions established under the laws of any State.
Participation by Minority Business Enterprises: The Consultant shall agree to abide by
statements in Paragraph (1) and (2) which follow. These statements shall be included in all
subsequent agreements between the Consultant and any subconsultant or contractor.
"Policy: It is the policy of the Department of Transportation that minority business enterprises
as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the
performance of contracts financed in whole or in part with Federal funds under this agreement.
Consequently, the MBE requirements of 49 CFR Part 23 apply to this agreement."
"MBE Obligation: the recipient or its contractor agrees to ensure that minority business
enterprises, as defined in 49 CFR Part 23, have the maximum opportunity to participate in the
performance of contracts and subcontracts financed in whole or in part with Federal funds
provided under this agreement. In this regard, all recipients or contracts, shall take all
necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority
business enterprises have the maximum opportunity compete for and perform contract.
Recipients and their contractors shall not discriminate on the basis of race, color, national
origin, or sex in the award and performance 0 DOT-assisted contracts."
It is mutually understood and agreed that the willful falsification, distortion or misrepresentation
with respect to any facts related to the project(s) described in this Agreement is a violation of
the Federal Law. Accordingly, United States Code, Title 18, Section 1020, is hereby
incorporated by reference and made a part of this Agreement.
It is understood and agreed that if the Consultant at any time learns that the certification it
provided the Department in compliance with 49 CFR, Section 23.51, was erroneous when
submitted or has become erroneous by reason of changed circumstances, the Consultant shall
provide immediate written notice to the Department. It is further agreed that the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower
Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the
Consultant in all lower tier covered transactions and in all aforementioned federal regulations.
PSA
A-IS
The County hereby certifies that neither the consultant nor the consultant's representative has
been required by the County, directly or indirectly as an express or implied condition in
connection with obtaining or carrying out this contract, to employ or retain, or agree to employ or
retain, any firm or person, or pay, or agree to pay, to any firm, person, or organization any fee,
contribution, donation or consideration of any kind; The Department further acknowledges that
this agreement will be furnished to a federal agency, in connection with this contract involving
participation of Federal-Aid funds, and is subject to applicable State and Federal laws, both
criminal and civil.
The Consultant hereby certifies that is has not: employed or retained fro a commission,
percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a
bona fide employee working solely for the above contractor) to solicit or secure this contract;
agreed, as an express or implied condition for obtaining this contract, to employ or retain the
services of any firm or person in connection with carrying out this contract; or paid, or agreed to
pay, to any firm, organization or person (other than a bona fide employee working solely for the
above contractor) any fee contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out the contract. The Consultant further acknowledges
that this agreement will be furnished to the Sate of Florida Department of Transportation and a
federal agency in connection with this contract involving participation of Federal-Aid funds, and
it subject to applicable State and Federal Laws, both criminal and civil.
PSA
A-19
SCHEDULE B
BASIS OF COMPENSATION
LUMP SUM
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice a progress report reflecting the Project design and construction status, in
terms of the total work effort estimated to be required for the completion of the Basic Services
and any then-authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage complete
of each item.
B1.1.1
All monthly status reports and invoices shall be mailed to the attention
of Darryl Richard, Project Manager, Alternative Transportation Modes,
2885 Horseshoe Drive South, Naples, Florida 34104.
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.
ITEM LUMP SUM FEE FOR: FEE PAYMENT SCHEDULE
1. Task A - Existing Conditions $ 8,995.00 Monthly based upon percentage
Inventorv and Analvsis complete
2. Task B - Preliminary Design $ 9,640.00 Monthly based upon percentage
T complete
Task C - Public Review $ 1,600.00 Monthly based upon percentage
complete
4. Task 0 - Working Drawings $ 17,760.00 Monthly based upon percentage
complete
5. Task E - Contract Administration $ 7,135.00 Monthly based upon percentage
complete
6. Task F - Reimbursable $ 750.00 Monthly based upon Time and
Materials
TOTAL FEE (Total Items 1-6) $45.880.00
B.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of forty five
thousand eiqht hundred eiqhty Dollars ($ 45,880.00) to be paid to CONSULTANT for
the performance of the 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
PSA
B-1
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.
8.3.2. 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.
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:
PSA
8-2
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.
B.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 fromlto destinations outside of Collier
or Lee Counties. Such trips within Collier and Lee Counties are
expressly excluded.
B.3.4.1.3. Permit Fees required by the Project.
B.3.4.1.4 Expense of overtime work requiring higher than regular rates approved
in advance and in writing by OWNER.
B.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.
B.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.
PSA
B-3
SCHEDULE B -ATTACHMENT A
SCHEDULE OF FEES FOR BASIC SERVICES
Task A - Existinq Conditions Inventorv and Analvsis
$ 8,995.00 Lump Sum
Meet with County staff and appropriate Agencies and Boards
Report design direction, goals and objectives and criteria
Survey Edge of road, right-of-way, light poles, built improvements
Review found conditions with County Record Plan (provided)
Existing Conditions Inventory of electrical power service capability
Locate site supply and related area fixtures inventory.
Prepared on a district overlay diagram analysis map
Recommend additional infrastructure requirements.
Photo documentation existing illumination
Prepare diagrammatic plan identifying fixtures, lamps types and intensities
This Task includes 1 - 1 hour meeting with the Project Manager and Principal
Task B -Preliminarv Desiqn
$ 9,640.00 Lump Sum
Create a conceptual lighting and landscaping plan.
Prepare preliminary design scheme providing alternative solution.
Designs will be illustration for discussion and feedback by County staff.
This Task includes 1 - 2 hour meeting with the Project Manager
Task C - Public Review
$ 1,600.00 Lump Sum
Present to County staff and appropriate Agencies and Boards
Adjust solution resulting from presentation
This Task includes 1 - 2 hour meeting with the Project Manager and Principal
Task D - Workinq Drawinqs
$ 17,760.00 Lump Sum
Issue a progress set for review and comment at 30%, 60% and 90%
Prepare a comprehensive Lighting and Landscape Design Plan.
Issue final comprehensive plan and related documents sufficient
for competitive bidding and implementation
Format suitable for incorporating documents with the County's general
conditions policies and procedures for bid purposes and permitting.
This Task includes up to 3 - 1 hour meetings with the Project Manager
Task E - Contract Administration
$ 7,135.00 Lump Sum
Pre - Bid Conference with Bidders (1 included)
Evaluation of bids received with County staff
RFI and shop drawing review
Site visit and progress reports (5 included)
Site visit for substantial completion and punch list (1 inclUded)
Site visit for final certification (1 included)
Contractor pay request review
Certification of substantial completion
Task F- Reimbursables
$750.00 Time and Materials
Total;
Note: Task A includes fee for surveyor within the scope of the project
$45,880.00
PSA
B-4
SCHEDULE B - ATTACHMENT B
CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE
Title Rate Per Hour
Project Principal $170.00
Project Manager $125.00
Professional Engineer $140.00
Engineer $13000
Landscape Architect / Planner $ 95.00
Technician Staff $ 75.00
CADD/Graphics $ 7500
Clerical $ 45.00
PSA
B-S
SCHEDULE C
PROJECT SCHEDULE
All task days begin upon issuance of Notice to Proceed by County Project Manager
Task A - Existino Conditions Inventorv and Analvsis 15 Days *
Meet with County staff and appropriate Agencies and Boards
Report design direction, goals and objectives and criteria
Survey Edge of road, right-of-way, light poles, built improvements
Review found conditions with County Record Plan (provided)
Existing Conditions Inventory of electrical power service capability
Locate site supply and related area fixtures inventory.
Prepared on a district overlay diagram analysis map
Recommend additional infrastructure requirements.
Photo documentation existing illumination
Prepare diagrammatic plan identifying fixtures, lamps types and intensities
Task B -Preliminarv Desion 15 Days
Create a conceptual lighting and landscaping plan.
Prepare preliminary design scheme providing alternative solution,
Designs will be illustration for discussion and feedback by County staff.
Task C - Public Review
Present to County staff and appropriate Agencies and Boards
Adjust solution resulting from presentation
5 Days
Task D - Workino Drawinos 30 Days
Issue a progress set for review and comment at 30%, 60% and 90%
Prepare a comprehensive Lighting and Landscape Design Plan.
Issue final comprehensive plan and related documents sufficient for
competitive bidding and implementation
Format suitable for incorporating documents with the County's
general conditions policies and procedures for bid purposes and permitting,
Task E - Contract Administration
Pre - Bid Conference with Bidders (1 included)
Evaluation of bids received with County staff
RFI and shop drawing review
Site visit and progress reports (4 included)
Site visit for substantial completion and punch list (1 included)
Site visit for final certification (1 included)
Contractor pay request review
Certification of substantial completion
90 Days
Task F - Reimbursables
As Needed
Note: Time estimates do not include survey, receipt of County historic information, reviews or permits
PSA
c-]
SCHEDULE 0
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
the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
PSA
0-1
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
CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure
PSA D- 2
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.
1. Minimum Insurance Requirements: Risk Management in no way represents that
the insurance required is sufficient or adequate to protect the vendor's interest or
liabilities, but are merely minimums.
a. Workers' Compensation - The vendor shall maintain in force for the
duration of this contract statutory workers' compensation benefits as
defined by FS 440 encompassing all operations contemplated by this
contract or agreement to apply to all owners, officers, and employees
regardless of the number of employees. Individual employees may be
exempted per State Law. Employers' liability will have minimum limits of:
$100,000 per accident
$500,000 disease limit
$100,000 disease limit per employee
b. Commercial General Liability - The vendor shall maintain in force for the
duration of this contract commercial general liability. Coverage shall apply
to premises andlor operations, products andlor completed operations,
independent contractors, contractual liability exposures with minimum limits
of:
$1,000,000 bodily injuries per person (BI)
$1,000,000 bodily injury per occurrence (BI)
$500,000 property damage (PO) or
$1,000,000 combined single limit (CSL) of BI and PO
c. Business Auto Liability - The vendor shall maintain in force for the duration
of this contract business automobile liability. Coverage will be required and
coverage shall apply to all owned, hired and non-owned vehicles use with
minimum limits of:
$500,000 bodily injury per person (BI)
$1,000,000 bodily injury per occurrence (BI)
$100,000 property damage (PO) or
$1,000,000 combined single limit (CSL) of BI and PO
'The required limit of liability shown in Standard Contract: 1,a; 1.b; 1.c; may be
provided in the form of "Excess Insurance" or "Commercial Umbrella Policies." In
which case, a "Following Form Endorsement" will be required on the "Excess
Insurance Policy" or "Commercial Umbrella Policy,"
PSA
D-3
d. Errors and Omissions - Coverage shall include professional liability insurance
which covers claims arising out of negligent acts, errors or omissions of
professional advice or other professional services.
$500,000 combined single limit (CSL) of BI and PO
2. Verification of Coveraqe:
a. Ten (10) days prior to the commencement of any work under this contract a certificate of
insurance will be provided to the Risk Manager for review and approval. The certificate shall
provide for the following:
1. "Collier County, its agents, employees, and public officials" will
be named as an "Additional Insured" on the General Liability
policy.
2. Collier County will be given thirty (30) days notice prior to
cancellation or modification of any stipulated insurance. Such
notification will be in writing by registered mail, return receipt
requested and addressed to the Collier County Purchasing
Department (3301 Tamiami Trail East, Building G, Naples, FL
34112).
3. Special Requirements:
a. An appropriate "Indemnification" clause shall be made a provision of the contract.
b. It is the responsibility of the general contractor to insure that all subcontractors
comply with all insurance requirements.
END OF SCHEDULE 0
PSA
0-4
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055,
Florida Statutes, JRL Design hereby certifies that wages, rates and other factual unit costs
supporting the compensation for the services of the CONSULTANT to be provided under the
Professional Services Agreement, concerning Design Services For Bayshore Drive Bridge
Lighting and Landscaping are accurate, complete and current as of the time of contracting.
JRL Design
BY:
TITLE: ?e;.D'
,
DATE: 8.?j. 07
TPA#1953637.9
PSA
E-l
SCHEDULE F
KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS
Project Principal - John P. Ribes, F.A.L.S.A
Project Manager - Richard Tindall, AS.L.A
Professional Engineer - Geoffrey. Courtright, P.E.
Engineer - Robert Klink
Landscape Architect/Planner - Ty Groff
Technician Staff - L. Vanwormer
50%
100%
35%
100%
100%
50%
CaddlGraphics - Carolina Mitlo
Clerical - Sandra Guajardo
30%
50%
TPA#19536379
PSA
f-l
-
ACORD,. CERTIFICATE OF LIABILITY INSURANCE JX~I DATE
R022 08 22 2007
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
DAWSON OF FLORIDA, LLC/PHS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
228127 P: (866)467-8730 F: (877)538-8526 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PO BOX 29611 INSURERS AFFORDING COVERAGE
CHARLOTTE NC 28229
INSUREiJ lNSURER A: Hartford Ins Co of the Southeast
J ROLAND LIEBER, PLLC, LANDSCAPE INSURER B: --_...,---~---,_..._..._---_.
ARCHITECTS & J ROLAND LIEBER, PA INSURER c:
405 5TH AVE. S. STE 5 INSURER D:
NAPLES FL 34102 INSURER E:
COVERAGES
--THE POUC-fES 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, fXCLUSIONS AND CONOITIONS OF SUCH
POLlCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
"'SR TVPE OF INSURANCE POLlCV NUMBER ';flI:;~Jt~~~r0 PfiA'f:(!'~';:j~J~7 lIMITS
aR
GENERAl UABlIffV EACH OCCURRENCE ,1 000 000
A - 21 SBA FP3958 09/06/07 09/06/08 .300,000
COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire)
I CLAIMS MADE [K] OCCUR MED EXP (Anyone personf ,10 000
~ Business Liab PERSONAL & ADV INJURY ,1 000,000
- GENERAL AGGREGATE ,2 000 000
~'~ AGGREFi ~~: APf:l PER: ~2DUCTS. COMPIOP AGG ,2 000 000
POLICY JECT X LOC
~OM08lLf I1ABlIffY COMBINED SINGLE UMIT I
ANY AUTO (Eaaccidant) I '
- I ,
~ ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (per person) I
-
- HIRED AUTOS BODILY INJURY , ,
NON-OWNED AUTOS W(lraccidem) !
- ~~--~~.__._---
I ,
PflOPERTY DAMAGE ,
IPer acdderrt)
~~GE "A.WTY AUTO ONLY. EA ACCIDENT ,
ANY AUTO OTHER THAN EAACC ,
AUTO ONLY: AGG ,
EXCESS lIABILlTV EACH OCCURRENCE ,1 000 000
A :Xr~CCUR D CLAIMS MADE 21 SBA FP3958 09/06/07 09/06/08 AGGREGATE ,1 000 000
$
~ ~EDUCTI8LE ,
X RETENTION 110 000 ,
WORKERS COMPENSA TfON AND I T~~ySTI~WS I I Oi~-
EMPLOYERS' UM/IffY
E.L. EACH ACCIDENT ,
E.L. DISEASE" EA EMPLOYEE ,
E.L. DISEASE. POLICY LIMIT ,
OTHER I
DESCRIPTfON OF OPERATfONS!LOCA TIONS/VEHlCIESIEXCJ. US/ONS ADDED B Y ENDORSEMENUSPEDAL PROVISIONS
Those usual to the Insured's operations. Collier County Board of County
Commissioners are Additional Insured per The Business Liability Form SSOO08.
Contract #074128. Bayshore Drive Bridge Lighting and Landscaping.
I
CERTIFICATE HOLDER IX ADDfTfONAL1NSURED; INSURER LETTER: A CANCELLATION
Collier County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
Board of County commissioners 30 DAYS WRITTEN NOTICE (10 DAYS FOR NON-PAYMENT) TO THE CERTIFICATE
Purchasing Dept. HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO
OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
3301 Tamiami Trl. E. REPRESENT A TIVES.
Naples, FL 34112
A~W~:::;~ - -
ACORD 25-S (7/971
~ ACORD CORPORATION 1988
From: Wendy Humphrey At: Dawson of Florida, LLC FaxlD: 440-356-2126 To: Diane DeLeon
Date: 8122f2007 10:45 AM Page: 2 of 3
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID w~ DATE [MMIDDfYYYY)
L~EBE-5 OS/22/07
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Dawson of Florida; Naples HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
6609 Willow Park Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BelOW.
Naples FL 34109
Phone: 239-261-6116 Fax:239-261-2S03 INSURERS AFFORDING COVERAGE NAIC#
iNSURED INSURER A The Hartford 00914
INSURER 3 Bridgefield Employers
J. Roland Lieber, P.A. ,PLLC INSURER C
Landscape Architects
405 5th Ave S suite 5 INSURER:J
Naples FL 34102
INSURER '"
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO ~HE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDI::ATED. NCTWITrlSTANDING
ANY REQUIREMENT, ~ERM OR CONDITION OF ANY CONTRACT OR OTHE"< DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, mE INSURANCE AF"ORDED BY mE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS ,uNO ::':ONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MA.Y HAVE BEE'\J REDUCED 8Y PAID CLAIMS
'LTR ~s'R( TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDNY) DATE (MMfDDIYY) LIMITS
GENERAL LIABiLITY E::i>'C"i OCCURRENCE $1,000,000
A X COMMERCiAl GENERAl. LIABILITY 21SBAFP3958 09/06/06 09/06/07 PREMISES (Ea occurence) $300,000
I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $10,000
PERSOI\J..l\L & ADV INJURY $1,000,000
GEN",RAl AGGREGATE $ 2 ,000 ,000
GEN'L AGGREGATE LIMIT APPLIES PER P~ODUCTS - COM?/OP AGG $2,000,000
IF . neRD- nLOC
POLICY JECT
AUTOMOBILE LIABiLITY COMBINED SINSLE LIMIT
- $
ANY AUTO (Eaaccident)
-
ALL OWNED AUTOS BO:JIL Y INJURY
- (Per person) $
- SCHEDULED AUTOS
X - HIR!:':D AUTOS 21SBAFP3958 09/06/06 09/06/07 80:)ILY INJURY
$
X \ION-OWNED ,AUTOS 21SBAFP3958 09/06/06 09/06/07 (Per accident)
-
--.- ..._--~._---~~- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABiLITY AUTO ONLY - EA ACCiDENT I
~ ANY AUTO OmER THAN EAACC I
AUTO ONLY AGG I
EXCESS/UMBRELLA LIABILITY EAC-10CCURRENCE I
~ OCCUR D CLAIMS MADE }-----
AGGREGA~E $
$
~ OEDUCTBLE $
i'<ETEr--TION $ $
WORKERS COMPENSATION AND hORY'U(;1irs I IViR
EMPLOYERS' LiABILITY 83027946 09/06/06 09/06/07 $1,000,000
B ANY PROPRIETORIPARTNERfEX!::CUTIVE: E.L. EACH ACCIDENT
OFFICERJMEMBER EXCLUDED? E L. DISEASE. EA EMPLOYEE $1,000,000
If yes. describe under E.L. DISEASE- POLICY LIMIT $1,000,000
SPECIAl PROVISIONS below
OTHER
A property section 21SBAFP3958 09/06/06 09/06/07 BPI' 133,500
DESCRiPTION OF OPERATIONS f LOCATIONS I VEHiCLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROViSiONS
CERTIFICATE HOLDER
CANCELLATION
COLL~25 SHOULD ANY OF THE ABOVE DESCRIBED POLICiES BE CAr~CELLED BEFORE THE EXPiRATION
DATE THEREOF, THE ISSUING lNSURER WILL ENDEAVOR TO MAiL 10 DAYS WRrTTEN
Collier County Board of -
NOTICE TO THE CERTIFICATE HOLOER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
commisioners General services IMPOSE NO OBLIGATION OR LIABILITY OF ANY KiND UPON THE iNSURER, ITS AGENTS OR
3301 'l'amiami Tr E
Naples FL 34112 REPRESENTATiVES.
AUTHOR~~~~VE
ACORD 25(2001/08)
@ACORDCORPORATION1988
From: Wendy Humphrey At: Dawson of Florida, llC FaxlD: 440-356-2126 To: Diane Deleon
Date: 8/2212007 10:45 AM Page: 3 of 3
IMPORTANT
lithe 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 olthe 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 I nsurance on the reverse side of this form does not constitute a contract between
the issuing irlsurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)