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Agenda 07/25/2023 Item #16B 5 (Change Order with Hardesty & Hanover Construction Services LLC, for Golden Gate/Santa Barbara Bridge)16.B.5 07/25/2023 EXECUTIVE SUMMARY Recommendation to ratify administratively approved Change Order No. 1 adding 105 days for inspection services Task 1-2 and 72 days for inspection services Task 3-5 under Agreement No. 21-7880, "CEI Services for Golden Gate Parkway over Santa Barbara Canal Bridge Replacement," with Hardesty & Hanover Construction Services, LLC, and authorize the Chairman to sign the attached Change Order. (Project Number 66066.16). OBJECTIVE: To obtain approval for Change Order No. 1 to Agreement No. 21-7880, "CEI Services for Golden Gate Parkway over Santa Barbara Canal Bridge Replacement." CONSIDERATIONS: On December 14, 2021 (Agenda Item 16A26), the Board approved Agreement No. 21- 7880 for the Construction Engineering and Inspection ("CEI") services for the Golden Gate Parkway over Santa Barbara Canal Bridge Replacement to Hardesty & Hanover Construction Services, LLC ("H&H") for infrastructure and improvements. The time -related items stated in Change Order No. 1 to Agreement No. 21-7880 arise because the final completion date of the construction of the Project has been extended because of a delay in the start of the construction of the bridge. The period for the CEI services needs to be extended so that inspection services can be provided throughout construction and through the completion of the project. To ensure that CEI services are present throughout construction, staff worked with H&H to create Change Order No. 1, which provides the following: Cost: $0.00 added to the project cost. Days: 105 to task 1-2 and 72 to 3-5 Calendar Days added to the project duration. The County's Procurement Services Division administratively approved Change Order No. 1 as authorized by the Board's Procurement Ordinance, Section Nineteen, Contract Administration, subsection 3.b. Staff recommends that the Board approve the attached proposed Change Order. FISCAL IMPACT: This time extension is not requesting additional funding. GROWTH MANAGEMENT IMPACT: The requested actions are consistent with Growth Management objectives and produce no negative impact. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: That the Board ratify administratively approved Change Order No. 1, adding 105 days for inspection services Task 1-2 and 72 days for inspection services Task 3-5 under Agreement No. 21-7880, "CEI Services for Golden Gate Parkway over Santa Barbara Canal Bridge Replacement," and authorize the Chairman to sign the attached Change Order. Prepared by: John Conti, Project Manager II, Transportation Engineering Division ATTACHMENT(S) 1. CO#1_CEI-H&H_GGPkwy (PDF) 2. [Link]21-7880 HardestyHanover Contract Packet Pg. 359 16.B.5 07/25/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.B.5 Doc ID: 25970 Item Summary: Recommendation to ratify administratively approved Change Order No. 1 adding 105 days for inspection services Task 1-2 and 72 days for inspection services Task 3-5 under Agreement No. 21-7880, "CEI Services for Golden Gate Parkway over Santa Barbara Canal Bridge Replacement," with Hardesty & Hanover Construction Services, LLC, and authorize the Chairman to sign the attached Change Order. (Project Number 66066.16). Meeting Date: 07/25/2023 Prepared by: Title: — Transportation Engineering Name: Kimberly Brandes 06/29/2023 4:45 PM Submitted by: Title: Division Director - Transportation Eng — Transportation Engineering Name: Jay Ahmad 06/29/2023 4:45 PM Approved By: Review: Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Growth Management Community Development Department Lisa Taylor Transportation Management Services Department Jeanne Marcella Department Transportation Engineering Jay Ahmad Additional Reviewer Transportation Engineering Matthew Thomas Additional Reviewer Procurement Services Heather Yilmaz Additional Reviewer Transportation Management Operations Support Tara Castillo Procurement Services Sue Zimmerman Additional Reviewer Transportation Management Services Department Trinity Scott County Attorney's Office Scott Teach Level 2 Attorney Review Procurement Services Sandra Herrera Procurement Director Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Community & Human Services Maggie Lopez Additional Reviewer County Manager's Office Amy Patterson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 06/30/2023 8:29 AM Additional Reviewer Completed 07/05/2023 7:46 AM Transportation Management Services Completed 07/05/2023 8:07 AM Completed 07/05/2023 8:10 AM Completed 07/05/2023 2:09 PM Completed 07/06/2023 11:16 AM Additional Reviewer Completed 07/10/2023 8:48 AM Completed 07/10/2023 9:09 AM Transportation Completed 07/11/2023 11:45 AM Completed 07/13/2023 8:23 AM Completed 07/17/2023 8:13 AM Completed 07/17/2023 8:36 AM Completed 07/17/2023 10:23 AM Completed 07/18/2023 8:50 AM Completed 07/19/2023 2:30 PM 07/25/2023 9:00 AM Packet Pg. 360 16.B.5.a GQ r count Procurement Services ,�' Change Order Form Contract Modification ❑ Work Order Modification _ Contract #: 21-r'880 Change #:= Purchase Order #: 4500216129 Project #: 66066.16 Contractor/Firm Name: Hardesty & Hanover Construction Contract/Project: CEI Golden Gate Parkway over Santa Services. LLC Barbara Canal Bridge Replacement Project Manager Name: John Conti Division Name: Transportation Engineering Division Original Contract/Work Order Amount —�.. $ .......... 456,008.52 12/14/21,16A26 Original BCC Approval Date: Agenda Item # Current BCC Approved Amount $ 456,008.52 12/14121,16A26 Last BCC Approval Date: Agenda Item # Current Contract/Work Order Amount $ 456,008.52 9/17/2023 SAP Contract Expiration Date (Master) Dollar Amount of this Change $ 0.00 0.00% Total Change from Original Amount Revised Contract/Work Order Total $ 456,008.52 0.00% Change from Current BCC Approved Amount Cumulative Changes $ 0.00 0.00% Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change I Notice to Proceed 1/19i2022 ""Original 9/17/2023 Last Approved 9/17/2023 Revised Date 12/31/2023 Date Completion Date Date (includes this change, 105 task 1-2 # of Days Added 72 task 3 5 Select Tasks ❑Add new task(s) ❑Delete task(s) ❑Change task(s) ❑Other Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. This Change Order will add 105 days to 'asks 1 and 2, and 72 days to Tasks 3 4 and 5 to this contract which were initiated with separate Notices to Proceed. There is no cost increase associated with this change. This is a Design -Build Project to replace a bridge on Golden Gate Parkway (over the Santa Barbara Canal) This CEI contract started already while the project was still in the design phase to provide various services as required. Due to Hurricane Ian the start of the actual construction phase was delayed which is delaying the overall completion of the project If this change is not processed. the CEI firm could not stay on until the construction of the project is completed and could not close out the project as required John Conti �,,,::114112`1 Prepared by: '<' Date (John Conti. Project Manager 11, Transportation Engineering Division) Acceptance of this Change Order shall constitute a modification to contract ; work order identified above and will be subject to all the same terms and conditions as contained in the contract / work order indicated above. as fully as if the same were stated in this acceptance. The adjustment. if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant / Design Professional arising out of or related to the change set forth herein. including claims for impact and delay costs. Steven M Nappi a Accepted by Date: (Steven Nappi, P.E., Regional Manager, Hardesty & Hanover Construction Services, LLC) ThomasMatthew Approved by: Date: (Matthew Thomas. P.E., Supervisor of Project Management, Transportation Engineering Division) fC Cy A4ayAhmadJay Date 202300�s ur 0.14 Approved by 0410° Date (Jay Ahmad. P E , Director, Transportation Engineering Division) Digdally s19ned by SmttTnmly Scoffrinity Oat. 20.130619 Approved b / 082054 -0400' Date. (Trinity Scott. Department Head, Growth Management Department) Revised 0111412021 (Divisions who may require additional slgratures may Include on separate sheet ) PROCUREMENT USE ONLY Adrnm R11 BCC ES PM Packet Pg. 361 1 16.B.5.a ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller 1.2 Dated: (SEAL) Approved as to form and legality: M. Scott R. Teach Deputy County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Rick LoCastro, Chairman Packet Pg. 362 16.B.5.a YilmazHeaCher DigitallysignedbyYilmazFieather Approved by: Date: 2023.06.2.113:04:15-04'00' Date: (Procurement Strategist) Change Order/Amendment Summary COST TIME CO# AMID# Description Justification "--" -- Days New Additive (+) Deductive (-) Added Amount Design- Build Contractor was 1 Added time to contract, s0 105 711 delayed from starting only for Task 1 and 2 - .._._.......... construction by Hurricane Ian _.__.._._ _....... ......... i i I Design- Build Contractor was 1 Added time to contract. SO 72 467 delayed from starting only for Task 3A and 5 construction by Hurricane Ian. i Revised. 01/14/2021 (Divisions who may require additional signatures n;ay include on separate sheet.) PROCUREMENT USE ONLY Admin R BCC ES _ ___ _. _ _ Packet Pg. 363 16.B.5.a From: St even Nappi <snappi@ha rdest yhan over. com > Sent: Tu esday. June 13, 2023 1:18 PM To: ContiJohn Subject: Golden Gat a Chan ge Order Request EX'CERNAL EMAIL. This email is from an external source. Confirm t his is a trusted sender and use extreme caution when opening attachments or clicking links. 2 06 Hi John, _ Our original CEI contract allowed 606 days which will end 9/171 2023 . The construction start date was delayed due to NJ Hurricane Ian and the contractor now has a completion date of November ail " 2U23. Our contract allows 30 days after V final acceptance to complete the final deliverables. We are requ esti ng 105 days be added to our contract so we can 3 complete the project by the 12%302023 deadline. IL 0 Thanks, O Steve Nappi, PE V Regional Manageri 5544 Taw## Caurt Suite, 105. Naples FL 34 1?0 e snappic@hardestyhanoveccom P- o: 941.9711.5476 C) Lr) N c: 239 229 58;3 www hardestyhanover.com 3 a Designed to Amaze, t9 1 1 H&Hgineeredto Last OI x 06 x w U O v c m E t Q (An Packet Pg. 364 PROFESSIONAL SERVICES AGREEMENT Contract # 21-7880 for CEI Services for Golden Gate Parkway over Santa Barbara Canal Bridqe Replacement THIS AGREEMENT is made and entered into this ,'' j ;:day of r , 20 21 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") and Hardesty & Hanover Construction Services, LLC authorized to do business in the State of Florida, whose business address is 1501 Broadway, Suite 601, New York, NY 10016 _ (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR") WITNESSETH: WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning CEI Services for Golden Gate Parkway over Santa Barbara Canal Bridge Replacement _ (hereinafter referred to as the "Project"), said services in accordance with the provisions of Section 287.055: Florida Statutes 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: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to COUNTY professional 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 COUNTY for ail Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. Page 1 of'32 PSA CCNA Single Project Agn:emenl_Ver.4 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to the COUNTY. 1.5. CONSULTANT designates Steven Nappi, P.E. a qualified licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without the COUNTY's prior written approval, and if so removed must be immediately replaced with a person acceptable to the COUNTY. 1.5. CONSULTANT agrees; within fourteen (14) calendar days of receipt of a written request from the COUNTY 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 the COUNTY. 1.7. The CONSULTANT represents to the COUNTY 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 COUNTY'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, including but not limited to ordinances, codes; rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.75 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119,0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Page 2 o f' 32 PSA CCNA Single project Agreeinent_Vcr.4 Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5745 Telephone: (239) 252-8999 Email: PublicRecordRe uest colliercount fl. ov The Contractor must specifically comply with the Florida Public Records Law to. 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 1 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession cf the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor 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. 1.8. in the event of any conflicts in these requirements. the CONSULTANT shall notify the COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY regarding resolution of each such conflict. The COUNTYS 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. 1.9. The COUNTY reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to CONSULTANT's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY Page 3 t,r32 PSA_CCNA Single Project Agreement_Ver.4 reserves the right to make sole determination regarding deductions. After notification of deficiency, if the CONSULANT fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the CONSULTANT. The COUNTY may also deduct or charge the CONSULTANT for services and/or items necessary to correct the deficiencies directly related to the CONSULTANT's non-performance whether or not the COUNTY obtained substitute performance. 1.10. CONSULTANT agrees not to divulge; furnish or make available to any third person, firm or organization. without the COUNTY'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 the COUNTY prompt written notice of any such subpoenas. 111. As directed by the COUNTY, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation ❑GN 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), orwhen implemented, derived from the RTK (Real - Time Kinematic) GPS Network as provided by the COUNTY. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge -of -pavement - EOP, etc.), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT 2.1. If authorized in writing by the COUNTY through a Change Order or 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 Change Order or 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 the COUNTY's Procurement Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by the COUNTY 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 a Change Order or an Amendment to this Agreement prior to starting such services. The COUNTY 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. tf the COUNTY 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 the COUNTY 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 Page J i,1'32 f'SA_CCNA Single Pmject Agreement -Vera GO this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1.1 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. 2.1.2 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, the COUNTY's schedule or character of construction; and revising studies, reports. design documents or Contract Documents previously accepted by the COUNTY 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. 2.1.3 Providing renderings or models for the COUNTY's use. 2.1 A '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 the COUNTY in obtaining such process licensing. 2.1.5 Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.1.E Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by the COUNTY, other than visits to the Project site or the COUNTY's office. 2.1.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.1.8 Preparing to serve or serving as a CONSULTANT or witness for the COUNTY 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). 2.1.9 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 THE COUNTY'S RESPONSIBILITIES 3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY's representative with respect to the services to be rendered under this Agreement thereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define the COUNTY's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Manager is not Page + oi'32 PSA_CCNA Sptigie Project Agreemen!_Wr 4 0 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 COUNTY is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: a. Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement, b. Provide all criteria and information requested by CONSULTANT as to the COUNTY '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 COUNTY'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 COUNTY 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 the COUNTY 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 COUNTY, fires, floods; epidemics, quarantine regulations, strikes or lock -outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which the P5A_CCNA 5ingie 11rajea Agreemettt_Ver4 9CA COUNTY 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 the COUNTY. CONSULTANT's sole remedy against the COUNTY 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 COUNTY hereunder, the COUNTY 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 COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. 4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT be deemed a waiver of any right or claim the COUNTY may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the COUNTY 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. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: p- - - - - - _�� ►` ■ r - - C - -M-MOR29110-0--g- a.. Time and Materials The COUNTY agrees to pay the contractor for the amount of labor time spent by the CONSULTANT's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark-up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Page 7 of 32 PSA_CCNA Single Project Agreement-Ver.4 0 5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply only to tasks procured under the Time and Materials pricing methodology specified in paragraph 5.1 above. ❑ Gr-a•r}tf-unded� Th61:'�aS-E,6 era^d mdeRtified-4R--&&e&Ae e-e i.F pfeyidinn estimate( 1 nee rara ac�"vr-prv'P � . �.....t ageRGY' ARTICLE SIX THE OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY, CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation orAutoCAD 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"). The COUNTY 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 the COUNTY 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 the COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use on this Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT consents to the COUNTY'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 the COUNTY may be making Project Documents available for review and information to various third parties and hereby consents to such use by the COUNTY. 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. The COUNTY, or any duly authorized agents or representatives of the COUNTY, 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 the COUNTY, 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 Pair 8 cal 32 PSA_CCNA Single ProJect Agr6!emenl_Ver.4 0 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. 8.2. To the extent that the Agreement that the work pertains to a "Professional Services Contract" as defined in Section 725.08(3), Florida Statutes, and the CONSULTANT is a "Design Professional" as defined in Section 725.48(4), Florida Statutes, the indemnification provided herein shall be limited as provided in Sections 725.98(1) & (2), Florida Statutes. ARTICLE NINE INSURANCE 9.1, CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3. All insurance policies required by this Agreement small 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, OR, Board of County Commissioners in Collier County. OR, Collier County Government, 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 the COUNTY 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 coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY 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 the COUNTY applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 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 the COUNTY shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by the COUNTY, except such rights as they may have to the proceeds of such insurance held by any of them. Page ol'32 P5A_CCNA Single Project AE:reemcnt_Vcr.4 0 9,5. All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the COUNTY. 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 COUNTY. No provision of this Agreement shall, however, be construed as constituting an agreement between the COUNTY 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 COUNTY 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. All personnel; identified in Schedule F shall not be removed or replaced without the COUNTY's prior written consent. 10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the COUNTY. Each subconsultant or subcontract agreement shall preserve and protect the rights of the COUNTY under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the sub consulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub -subcontractors. 10.4. CONSULTANT acknowledges and agrees that the COUNTY 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 the COUNTY and any subconsultant or subcontractor. Further, all such contracts shall provide that, at the COUNTY's discretion, they are assignabte to the COUNTY upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS Page lU uf'32 PSA CCNA Single Project Agreemnl_VerA 0 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 the COUNTY 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 the COUNTY shall be deemed to be a waiver of any of the COUNTY'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 the COUNTY 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 the COUNTY. or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT's failure to obey any laws, ordinances. regulations or other 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 COUNTY 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 the COUNTY 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 the COUNTY shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3. below. 12.3. The COUNTY 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 the COUNTY 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 the COUNTY, 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 the COUNTY, the CONSULTANT shall deliver to the COUNTY all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Article 5, that are in CONSULTANT's possession or under its control. 12.5. The COUNTY 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 isagu 11 01'32 PSA_C'CNA Single Pro,lw Agreement_Ver a 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) the COUNTY 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) the COUNTY otherwise persistently fails to fulfill some material obligation owed by the COUNTY to CONSULTANT under this Agreement, and (1i) the COUNTY 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 THE COUNTY 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 the COUNTY of CONSULTANT's intent to terminate this Agreement. If the COUNTY 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 COUNTY, terminate the Agreement and recover from the COUNTY 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 the COUNTY. 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 safely 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 COUNTY 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 Page 12 ul'32 PSA_CCNA Single ProjtM Agrcemcm_Ver 4 required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15,1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the COUNTY shall be in writing and shall be delivered by hand, email, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following the COUNTY's address of record - Board of County Commissioners for Collier County, Florida Division Name: Transportation Engineering Division Division Director: Jay Ahmad Address: 2885 South Horseshoe Drive Naoies. Florida 34104 Administrative Agent/PM: Dennis McCoy, Senior Project Manager Telephone: �239) 252-5726 E-Mail(s): ❑ennis.McCo colliercount fl. ov 16.2, Ali notices required or made pursuant to this Agreement to be given by the COUNTY to the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: Company Name: Hardesty & Hanover Construction Services, LLC Address: 5644 Tavilla Court, Suite 206 Naples, Florida 34110 Attention Name & Title: Steven Nappi. PE Telephone: 941 979-5476 E-Mail(s): Snappiphardestyhanover.com 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. f'agc 13af32 i'SA_CCNA Single Pmjeul Agreenim_Ver.4 OCNO ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing the COUNTY, shall promote the best interests of the COUNTY and assume towards the COUNTY 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 the COUNTY. 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. 17.5. 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. 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. 17.3. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E _CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL Schedule G Other: N/A Solicitation # 21-7880 including all Attachment(s), Exhibit{s) & Addendum Consultant's Proposal 17.10. Grant Funded Projects(only applicable to Grant funded roiects : In the event of any conflict between or among the terms of any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the terms of the Agreement shall take precedence over the 1'uge 14 at'32 PSA_CCNA Single. Project Agreement-Ver.4 DIN terms of all other Contract Documents, except the terms of any Supplemental Grant Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the CONSULTANT at the COUNTY's discretion. 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 AGREEMENT/PUBLIC ENTITY CRIMES 19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to the COUNTY 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 the COUNTY 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 the COUNTY 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." Page 15 of 32 PSA_CCNA Single Project AgreemenI_Ver.4 ARTICLE TWENTY DISPUTE RESOLUTION 2❑.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 the COUNTY's staff person who would make the presentation of any settlement reached during negotiations to the COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision -making authority and by the COUNTY's staff person who would make the presentation of any settlement reached at mediation to the COUNTY'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. ARTICLE TWENTY-ONE 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 ❑f the Immigration Reform and Control Act of 1986 as located at 6 U.S.C. 1324, et seg 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. Page 16 of'32 PSA_CCNA Single Project Agreemeol_Ver.4 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement the day and year first written above, ATTEST: Crystal K. Kinzel, ,Q erk of Courts & Comptroller. ` r By: Date: A a$ to 42kM0*1 si*"w aft.: Approved as to Form and Legality: (W(L-pv- kj�� - County Attorney Name Consultant's Witnesses: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA IN , Lnafr Consultant: Hardesty $ Hanover Construction Services, LLC Witness 'CLptv.uq _cksvErLLEl r]�cc�+�t� ANI f�' gRENDFit•5 -� +C ►"I Name and Title Name and Title ff Name and Title Page 17 of 32 PSA_CCNA Single Project Agreeinent_Ver. G r] SCHEDULE A SCOPE OF SERVICES FMJ following this page (pages 1 through 14 ) Page 18 of 32 PSA_CCNA Single Prflject Aereement_Vcr.4 ;CAD REQUEST FOR PROFESSIONAL SERVICES (RPS) # 21-7880 CEI SERVICES FOR GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT SCHEDULE A SCOPE OF SERVICES BACKGROUND CEI services are required for the bridge replacement (Bridge No. 030123) at Golden Gate Parkway (CR 886) over the Santa Barbara Canal. The project will also include removal and disposal of the two (2) existing steel pedestrian bridges carrying the sidewalks over the Canal. The new bridge will carry both roadway traffic (2 lanes in each direction) and (2) sidewalks ( I in each direction) across the Canal. The transverse section for the ncw+ bridge shall be designed to accommodate two (2), 12-foot travel lanes (in each direction), an approximate eight -foot -wide outside shoulder and a 12-foot-wide sidewalk on each side. A concrete traffic railing shall be installed at the median to separate the two -directional traffic, Similarly,.36-inch-high concrete traffic railings shall be installed to separate thesidewalks and the traffic lanes. The services include, but are not limited to, administering the Construction Contract. providing inspections, monitoring, and material sampling and testing. In addition, the services shall include monitoring ofl=site activities and fabrication of'structural elements. Monitoring and inspecting the Contractor's Work Zone Traffic Plan and reviewing modifications to the Work Zone Trafiic Control Plan, in accordance with the Florida Department of Transportation (FDOT) procedures. Determining acceptability of all material and completed work items on the basis ofeither test results or by verification ora certification, DETAILED SCOPE OF WORK 1.0 PURPOSE This scope ofservices describes and defines the Construction Engineering and Inspection (CGI} services which are required for contract administration, inspection, and materials sampling and testing for the construction projects listed below. 2.0 SCOPE Provide services as defined in this Scope of Services. the referenced F lurida Department of Transfx)rtation (FDOT) manuals, and procedures_ The project for which the services are required is: County Project 1Ds: 66066.16 Description: Golden Gate Parkway over Santa Barbara Canal Bridge Replacement (Bridge No . 034123) County: Collier Major work groups include: • 5 — Bridge Inspection; 5.1 — Conventional Bridge Inspection. 5.4 — Bridge Load Rating 10 — CEI: 10.1 — Roadway CBI. 10.3 — Construction Materials Inspection, 10.4— Minor Bridge and Miscellaneous Structures CEI Minor work groups include: • 3.1 — Minor I Iighway Design • 4,1.1 — Miscellaneous Structures 4.1,2—Minor Bridge Design • 8.1 - Control Surveying ■ 8.2 - Design, Right of Way Construction Surveying • 8.3 - Photogrammctric Mapping ■ 8.4 - Right of Way Mapping Page I❑f14 Schedule A — Scope of Services REQUEST FOR PROFESSIONAL SERVICES (RPS) 4 21-7880 CEI SERVICES FOR GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT • 9.1 - Soil Exploration • 9.2 - Geotechnic:ai Classification Lab Testing • 9.3 - Highway Materials Testing • 9.4 - Foundation Studies • 9.5 - Geotechnical Specialty Lab Testing The firms submitting asthe PRIME CONSULTANT at a minimum must be pre-gcialilicd through the FDOT in the following work groups: Group 5 — Bridge Inspection: (5.1, 5.4) Group 10 — CEI; (10,L 10.3, 10,4) Also, at a minimum, the PRIME CONSULTANT or its subconsu[tant(s) must be pre -qualified through the FDOT in the following work groups: • Group 3 - [[ightiray Design — Roadway: 3.1 Minor Highway Design • Group 4 - Highway Design — Bridges: 4.1 Miscellaneous Structures and Minor Bridge Design • Group 8 — Surveying and Mapping • Group 9 — Soil Exploration, Material Testing, and Foundations Exercise independent professional judgment in performing obligations and responsibilities under this Agreement. Pursuant to Section 4.1.4 of the Construction Pro iect Administration Manual (CPAM). the authority of the Consultant's lead person, such as the Senior Project Engineer, and the Consultant's Project Administrator shall be identical to the Division's Project Manager and Construction Manager respecti%ely and shall be interpreted as such. Services provided by the Consultant shall comply with FDO"1's manuals, procedures, and memorandums. Such FDOT manuals, procedures. and memorandums are found at the State Construction 011=2s website. On a single Construction Contract, it is a conflict of interest for a professional firm to receive compensation from both the COUNTY and the Contractor either directly or indirectly. 3.0 LENGTH OF SERVICE The services for the Construction Contract shall begin upon written notification to proceed by the Division. The Division shall track the execution of the Construction Contract such that the Consultant is given timely authorization to begin work. While no personnel shall be assigned until written notification by the Division has been issued, the Consultant shall be ready to assign personnel within two weeks ofnotification. For the duration of the project, coordinate closely with the Division and Contractor to minimize rescheduling or Consultant activities due to construction delays or changes in scheduling of Contractor activities. For estimating purposes, the Consultant will be allu%ed an accumulation of thirty (30) calendar days to perfiorm preliminary administrative services prior to the issuance ofthe Contractor's notice to proceed on the first project and thirty (30) calendar days to demobilize after final acceptance of the Construction Contract. The anticipated letting schedules and eon struetion times forthc projects are tabulated below: Construction Contract Estimate Financial Letting Date Start Date Duration Protect I (Mo/Dav/Yr) (Mo1Dav/Yrl (Days) 66066.16 TBD 12/2021 606 4.0 DEFINITIONS A. Agreement: The Professional Services Agreement between the COUNTY and the Consultant setting forth the obligations of the parties thereto. including but not limited to the performance of the work, furnishing of services, and the basis of payment. Design Build Firm: The individual, firm, or company contracting with the COUNTY far the design and Page 2 of 14 Schedule A — Scope of Services ONO REQUEST FOR PROFESSIONAL SERVICES (RPS) # 21-7880 CEI SERVICES FOR GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT construction perlormance of work. C. Construction Cantra}ct: The written agreement between the COUNTY and the Contractor setting forth the obligations of the parties thereto, including but not limited to the performance of the work. Furnishing of labor and materials. and the basis uf'pavment. D. Construction Proiect Manager: The Division employee assigned to manage the Construction Engineering and Inspection Contract and represent the Division during the performance of the services covered under this Agreement. F. Construction Training/Qualification Program (CTQP): The FDOT program for training and qualifying technicians in Aggregates. Asphalt, Concrete, Earthwork, and Final Estimates Administration. Program information is available at CTQP website. F, Consultant: The Consulting firm under contract to the COUNTY for administration of Construction Engineering and inspection services. G. CEi Project AdministratorlPro'cet En inter: The employee assigned by the Consultant to be in charge of providing Construction Contract administration services for one or more Construction Projects. ff. CF.[ Senior Project En gincer: The Engineer assigned by the Consultant to be in charge orproviding Construction Contract administration for one Or more Construction Projects. This person may supervise Other Consultant employees and act as the lead Englneer for the Consultant. 1, Procurement Contract Manager: The administrative Contract manager at the County's Procurement Office. J, Division's Construction Manager: The Division employee assigned to administer the Construction, and the Consultant Construction Engineering and Inspection (CCEI) Contracts in the Transportation Engineering Division. K. Countv's Director of Transportation Engineering: The Director of Construction, Engineering, and Traftie Operations. L. County's Procurement Director: The Director of the Procurement Services Division. M. County Manager: The Chief Executive Ofljeerappointed bythe Hoard of County Commissioners, N. Engineer of Record; The Engineer noted on the Construction plans as the responsible person for the design and preparation of the plans. O. Community Liaison ❑fficer: The Growth Management Department's employee assigned to manage the Public Information Issues, P. Project Mana er: The Engineer or employee assigned by the County to administer Construction Contracts for the Division. 5.0 ITEMS TO BE FURNISHED BY THE DIVISION TO THE CONSULTANT A. The Division, on an as needed basis, will furnish the t'ollmF -ing Construction Contract documents for each project. These documents may be provided in electronic format only. I, Construction Plans. in Adobe PDF and reproducible in size 1 l" X 17" prints. 2, CADD Files will be provided upon request in Microstation form it. 3. Specification Package, in Adobe PDF and reproducible in size 8.5" X I I" prints. The native file in Microsoft Word i f requested. 4, Copy of the Executed Construction Contract. in Adobe PDF and reproducible in size 8S' X i l" prints. S. Utility Agency's Agreements and Work schedules (ifapplicablc). 6. Environmental Permits, in Adobe PDF. 6.0 ITEMS FURNISHED BYTHE CONSULTANT 6.1 FDOT Documents. All applicable FDOT documents referenced herein shall be a condition of this Agreement. All FDOT documents, Page 3 of 14 Schedule A -- Scope of Services REQUEST FOR PROFESSIONAL SERVICES (RPS) # 21-7880 CEI SERVICES FOR GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT directives. procedures, and standard forms are available through the FDOT's Internet webs ite. Mast items can be purchased through the Following address. All others can be acquired through the District Orrice or on-line at the FDOT's website. Florida Division of Transportation Maps and Publication Sales 605 Suwannee Street, MS 12 Tallahassee. Florida 32399-0450 Telephone No. (850) 414-4050 hU12://%vyvkv .l dot.gov/construction/ 6.2 Office Automation: Provide all sotiware and hardware necessary to efficiently and effectively carry out the responsibilities under this Agreement. Provide each inspection staff with a laptop computer (or tablet) running software needed for project scheduling, documentation and cc) ntroI (such as, Site Manager application through Citrix, PrimaveralSidetrack, Claim Digger, etc,) connection using a mobile broadband connection at the jobsite. All computer coding shall be input by Consultant personnel using equipment Furnished by them. (a) Communication Technology: All informational, contractual and other business required for this project will be tailored to the needs of the project and to facilitate communication. At times a paperless electronic system may be necessary such as emalls, portals or web site, and at other times hard copies will he expected and accepted. ❑wnership and possession of computer cquipment and related soIiware, which is provided by the Consultant, shall always remain with the Consultant. The Consultant shall retain responsibility for risk of loss or damage to said equipment during perlormance of this Agreement. Field office equipment should always be maintained and operational. Current technical specifications for office automation can be viewed at: 11U ;Ilwww,fdot. ovlConstructioniDesianBuiIdl.onsuItantCEllOificeAutomatioilAitm 6.3 Field Office: The County may require a satellite office for this project. The; Consultant shall be reimbursed for allowed expenses associated with this satellite office. The aIll cc must have at a minimum the following items to support the project: ■ Office space within a desired radius to the project for the durati❑n of the project. • Office telephone • Copier rental/lease • Broadband internet access Consultant shall list this fixed monthly cost as a line item of the cost proposal titled " f field Office expenses." and shall also be listed as such on invoices submitted to the County l'or payment. 6.4 Vehicles, Vehicles will be equipped with appropriate safety equipment and must be able to effectively carry out requirements of this Agreement. Vehicles shall have the name and phone number of the consulting tirm visibly displayed on both sides of the vehicle. 6.5 Field Equipment: Supply survey, inspection. and testing equipment essential to perform services under this Agreement; such equipment includes non -consumable and non -expendable items. Hard hats shall have the nameof the consulting firm visibly displayed. Equipment described herein and expendable materials under this Agreement will remain the property of the Page 4 of 14 Schedule A — Scope of Services a REQUEST FOR PROFESSIONAL SERVICES (RPS) # 21-7880 CEI SERVICES FOR GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE. REPLACEMENT Consultant and shall be removed at completion of the work. Handling of nuclear density gauges shall be in compliance with their license. Retain responsibility for risk of loss or damage to said equipment during performance or this Agreement. Field office equipment shall always be maintained and in operational condition. 6.6 Licensing For Equipment Operations_ Obtain proper licenses for equipment and personnel operating equipment when licenses are required. The license and supporting documents shall be available For verification by the Division, upon request. Radioactive Materials l_,icense for use of Surface Moisture Density- Gauges shall be obtained through the State oi' Florida Department of Heallh. 7.0 LiAiSON RESPONSIRiLITV OF THE CONSULTANT For the duration of the Agreement, keep the Division's Construction Project Manager in Responsible Charge informed of all significant activities, decisions, correspondence, reports, and other communications related to its responsibilities under this Agreement. Facilitate communications between all parties (i.e. architectural, mechanical, materials, landscaping, local agencies, etc.) ensuring responses and resolutions are provided in a timely manner. Maintain accurate records to document the communication process. Inform the designated Division project personnel or any design defects, reported by the Contractor or observed by the Consultant. Submit all administrative items relating to invoice Approval, Personnel Approval, User IDs, Time Extensions. and Supplemental Amendments to the Construction Project Manager for review and approval. 8.0 PERFORMANCE OF THE CONSULTANT During the term of this Agreement and all Supplemental Amendments thereof. the Division will review various phases of Consultant operations, such as construction inspection, materials sampling and testing, and administrative activities, to determine compliance with this Agreement. Cooperate and assist Division representatives in conducting the reviews. If deficiencies are indicated. remedial action shall be implemented immediately. Division recommendations and Consultant responses/actions are to be properly documented by the Consultant. No additional compensation shall be allowed for remedial action taken by the Consultant to correct deficiencies. Remedial actions and required response times may include but are not necessarily limited to the following: A. Further subdivide assigned inspection responsibilities, reassign inspection personnel. or assign additional inspection personnel, within one week ornotification. B. Immediately replace personnel whose performance has been determined by the Consultant and/or the Division to beinadoquate. C. Immediately increase the frequency of monitoring and inspection activities in phases of work that are the Consultant's responsibility. D. Increase the scope and frequency oftraining ol'the Consultant personnel. 9.0 REQUIREMENTS OF THE CONSULTANT 9.1 General: it shall be the responsibility of the Consultant to administer, monitor, and inspect the Construction Contract such that the project is constructed in reasonable conformity with the plans, specitjcations, and special provisions f'or the Construction Contract. Observe the Contractor's work to determine the progress and quality of work. Identify discrepancies, report significant discrepancies to the Division, and direct the Contractor to correct such observed discrepancies. Consult with the Construction Project Manager as necessary and direct all issues, which exceed delegated authority to the Construction Project Manager for Division action or direction. Infonn the designated Division project personnel of any significant omissions, substitutions, defects, and Page 5 of 14 Schedule A — Scope of Services REQUEST FOR PROFESSIONAL SERVICES (RPS) # 21-7880 C E I SERVICES FOR GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT deficiencies noted in the work of the Contractor and the corrective action that has been directed to be performed by the Contractor. 9.2 Survey Control: Check or establish the survey control baselines) along with sufficient baseline control points and bench marks at appropriate intervals along the project in order to: (1) make and record measurements necessary to calculate and document quantities for pay items, (2) make and record pre -construction and final crass section surveys of the project site in those areas where carth►vork (i.e., embankment. excavation, subsoil eNcavation, etc.) is part of the construction project, and (3) perfonn incidental engineering surveys. 9.3 On -site Inspection: Monitor the Contractor's on -site construction activities and inspect materials entering into the work in accordance with the plans, specifications, and special provisions f'or the Construction Contract to determine that the projects are constructed in reasonable conformity with such documents_ Maintain detailed accurate records of the Contractor's daily operations and of significant events that affect the work. The Consultant shall have personnel qualified by the FDOT who can monitor off -site activities and fabrication unless otherwise stipulated by this Agreement. Perform underwater bridge construction inspections of bridges with permanently submerged structural members in compliance with CPAM Section 10.6. Under►vater Bridge Construction Inspection. Monitor and inspect Contractor's Work 'Lone Traffic Control Plan and review modifications to the Work Zone Traffic Control Plan, including Alternate Work Zone Traffic Control Plan. in accordance with the FDOT's procedures. Consultant employees performing such services shall be qualified in accordance with the rDOT's procedures. 9.4 Sampling and Testing: Perform sampling and testing of component materials and completed work in accordance with the Construction Contract documents. Fhe minimum sampling frequencies set out in the FDOT's Materials Sampling, Testing and Reporting Guide shall be met. [n complying with the aforementioned guide, provide daily surveillance ❑f the Contractor's Quality Control activities and perform the sampling and testing of materials and completed work items for verification and acceptance. The Consultant shall also pertorm inspection and sampling of materials and components at locations remote from the project site and testing oI'm ateria]s normally done in a Iaboratory rem oIC from the project site. Determine the acceptability of all materials and completed work items based on either test results or verification of a certification, certified mill ana]vsis, DOT label. DoT stamp, etc. The Division will monitor the effectiveness of the Consultant's testing procedures through observation and independent assurance testing. Sampling,, testing and laboratory methods shall be as required by the FDOT's Standard Specifications, Supplemental Specifications. Documentation reports on sampling and testing performed by the Consultant shall he submitted during the same week that the construction work is done. Transport samples to be tested to the appropriate laboratory that meets the F1)OT standards. Supply CTQP (Construction Training Qualification Program) qualified technicians for concrete inspection. Supply CTQP qualified Asphalt Paving and Plant Technicians for asphalt inspection. Supply CTQP3 quati1led Earthwork Construction Inspection Technicians for embankment, pipe backfi11, subgrade. base and asphalt inspection. 9.5 En ineerine Services: Coordinate the Construction Contract administration activities of all parties other than the Contractor involved in completing the construction project. Notwithstanding the above, the Consultant is not liable to the Division for failure of such parties to follow written direction issued by the Consultant. Page G of l4 Schedule A — Scope of Services 0 REQUEST FOR PROFESSIONAL SERVICES (RPS) # 21-7880 CEI SERVICES FOR GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT Services shall include maintaining the required level of'surveillance of Contractor activities, interpreting plans, specifications, and special provisions For time Construction Contract. Maintain complete, accurate records of all activities and events relating to the project and properly document all project changes. The ful lowing Services shalt be pertormed: (1) Attend a pre -service meeting for the Agreement within ten ( t 0) business days atic r the notice-tv-proceed. Provide appropriate staff'to attend and participate in the pre -service meeting. At the time of this meeting the Consultant shall submit "Action Request" packages for Personnel Approval for immediate staff needs and a copy/computer file or the final negotiated staffing. The Consultant shall record a complete and concise record ot'the proceedings of the meeting and distribute copies of these minutes to the participants and other interested parties within seven (7) days of the meeting date. (2) Review Design Build Firm's plans and calculations within the bridge hydraulic report at the 60% design submittal. Review the plans and calculations at the 90% design submittal. Provide design support consultation (which may include participation in design and or submittal review meetings) on an as needed basis. (3) Prepare and submit to the Construction Project Manager for approval, within thirty (30) days after the pre - service meeting, a copy of the project specific Consultant Contract administration documents listed below (:Idabe PUFJ!le format is acceptable). In addition. the Consultant Contract administration documents, which shall be routinely used by the Consultant throughout the project, shall be in the format and content approved by the Construction Management Office. i. Action Request Form ii. Contract Status Report, or other approved fund tracking report iii. CEl Consultant Firm estimated staffing (completed in accordance with the original Consultant Contract Agreement) iv. CEI Consultant Data (4) Schedule, attend and conduct a Pre -construction Conference in accordance with Artietc 8-3.5 orthe FDOT Standard Specification for Road and Bridge Construction. The purpose of this meeting is to discuss the required documentation, including as-builts, necessary for permit(s) compliance. Record significant information revealed and decisions made at this conference and distribute copies of the minutes to the appropriate parties. The meeting shall also be electronically recorded, and the Consultant shall maintain all tapes of the meeting tar the duration ol'thc contract. (5) Verily that the Contractor is conducting, inspections, preparing reports and monitoring all storm water pollution prevention measures associated with the project. For each project that requires the use of the NPDES General Permit, provide at least one inspector who has successfully completed the "Florida Stormwater. Erosion, and Sedimentation Control Training and Certification Program for Inspectors and Contractors". The Consultant's inspectorwill be tamiliar with the requirements set l'arth in the FEDERAL. REGISTER, Vol. 57. No. 187, Friday, September 5, 1992, pages 4412 to 4435 "Final NPDF.S General Permits for storm Water Discharges from Construction Sites" and the Division's guidelines. 16) Analyze the Contractor's schedule(s) (i.e. baseline(s), revised bascline(s), updates, as -built, etc.) f'or compliance with the contract documents. Elements including, but not limited to, completeness, logic, durations, activity, flow, milestone dates, concurrency, resource allotment, and delays will be reviewed. Verify the schedule conforms with the construction phasing and MOT sequences, including all contract modifications. Provide a written review of the schedule identifying significant omissions. improbable or unreasonable activity durations, errors in logic, and any other concerns as detailed in CPAM. (7) Analyze problems that arise on a project and proposals submitted by the Contractor; work to resolve such issues and process the necessary paperwork. (8) Monitor, inspect and document utility relocation self -performed by the Contractor for conformance with Utility Agency's Standards and the Utility Agency's Approved Materials List. Document utility construction progress to be performed by Utility Agencies. Facilitate coordination and communication between Utility Agency's representatives, Division's staff and Contractors executing the work. ldentify potential utility conflicts and assist in the resolution of utility issues including County and Privately -owned facilities. Page 7 of 14 Schedule A - Scope of Services REQUEST FOR PROFESSIONAL SERVICES (RPS) # 21-7880 CE1 SERVICES FOR GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT (9) Produce reports. verify quantity calculations and field measure for payment purposes as needed to prevent delays in Contractor operations and to facilitate prompt processing of such information for the County to make [lately payment to the Contractor. (.10} Prepare and make presentations for meetings and hearings before the Board of County Commissioners. Dispute Review Boards, or any other necessary Stakeholder meetings in connection with the project covered by this Agreement, (1 1) Provide Community Outreach Services and be proactive in keeping the community aware of the status and traffic impacts of the referenced project. With approval from the Division's designee, prepare and disseminate information to the public, elected officials and the media of any upcoming events, which will affect traffic flow, Produce and distribute all publications (letters, flyers, brochures and news releases) necessary for this contract. Prior to release, the Division's designee will approve all responses, letters, news releases and the like. Provide timely, professional responses to project inquiries including emails, telephone calls, etc. Coordinate general public information meetings, open houses, community meetings as directed by the Division's representatives. (Q) Prepare and submit to the Construction Project Manager monthly, a Construction Status Report. in a format to be approved by the Division. (13) Video tape the pre -construction conditions throughout the project limits. Provide a digital photo log or video of project activities, with heavy emphasis on potential claim items/issues and on areas or reallpotential public controversy. (14) Provide a digital camera for photographic documentation of pre -construction state and of noteworthy incidents or events during construction. "These photographs will be tiled and maintained on the Consultant's computer using a digital photo management system, Photographs shal l be taken the day prior to the start of construction and continue as needed throughout the Project. Photographs shall be taken the days of Substantial, Partial and final Acceptance. Provide visual documentation of the Project through the periodic collection of a set ol' panoramic digital photographs at predetermined stations throughout the project. Photographic locations should be located at intervals such that the digital photographs collectively portray most of the visible surfaces on the Project. The digital photographs should be taken with a frequency designed to reveal changes in the progress of the Project, which can be compared to ether project data including daily reports of construction and scheduling updates. Photographic data tiles corn prising each digital photograph are to be supplied together With an HTML (web page) based access and display system for viewing the photographs. Original photographic data files are to be supplied for archival purposes and comprise photographic data identical in form and content to that produced by the digital camera used to capture the image. Working photographic data files are to be supplied for everyday reference purposes and comprise copies of each original photographic data file, which have been processed to a reduced pixel and color resolution (size and clarity) for distribution via CD ROM and the Internet. The access and display system should be comprised of a series of I-ITML files (web pages) which al tow a user to view each photographic data file at random, and in a sequence which simulates the visual experience of viewer moving through the actual Project from one photographic station to the next. The original photographic data files, working photographic data files and access and display system are to be distributed on CD ROM and portable hard disk media. The working photographic data files and the access and display system should also be maintained on a server accessible via the Internet. 10.0 PERSONNEL 10.1 General Requirements: Provide prequalitiedlcumpetent personnel necessary to efficiently and effectively carry out its responsibilities under this Agreement. 'rhe County's Project Administrator/Manager shall be responsible for verifying and maintaining copies of all required licenses, certifications, and qualifications requested from the Consultant throughout the term or the contract. Page 8 of 14 Schedule A - Scope of Services OBE REQUEST FOR PROFESSIONAL SERVICES (RPS) # 21-7880 CEI SERVICES FOR GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT Unless otherwise agreed to by the Division, the Division will not compensate straight overtime or premium overtime for the positions of Senior Project Engineer, Project Administrator/Project Engineer, Contract Support Specialist and Assistant or Associate to any of these positions. 10.2 Personnel Qualifications: Provide competent personnel qualified by experience and education. Submit to the Construction Project Manager the names of personnel proposed for assignment to the project, including a detailed resume for each containing at a minimum: salary, education, and experience. The Consultant Action Request form f'or personnel approval shall be submitted to the Construction Project Manager at least two weeks prior to the date an individual is to report to work. Personnel identified in the Consultant technical proposal are to be assigned as proposed and are committed to peri'orming services under this Agreement. Personnel changes will require written approval from the Division. Staff that has been removed shall be replaced by the Consultant within one week ol'Division notification. Before the project begins, all project staff shall have a working knowledge of the current CPAM and must possess all the necessary qualificationslcertiCtcations for fulfilling the duties of (lie position they hold. Cross training of the Consultant's project staff is highly recommended to achieve a knowledgeable and versatile project inspection team but shall not be at any additional cost to the Division and should occur as workload permits. Visit the training page on the FDOT Construction Office website for training dates. Minimum qualifications for the Consultant personnel are set forth as follows. Exceptions to these minimum qualifications will be considered on an individual basis. However, a Project Administrator working under the supervision and direction ofa Senior Project Engineer or an inspector working under the supervision and direction of Senior Inspector shall have six months from the date ofhire to obtain tlic necessary qua] ificat'sons/certifications provided all other requirements for such positions are met and the Consultant submits a training plan detailing when such qualifications/certifications and other training relative to the Division's procedures, Specifications and Standard Plans will be obtained. The Division Construction Engineer or designee will have the final approval authority on such exceptions. CET SENIOR PROJECT ENGINEER - A Civil Engineering degree and registered in the State of Florida as a Professional Engineer (or if registered in another state, the ability to obtain registration in the State of Florida within six months) and six (6) years of engineering experience [(two (2) years of which are in major road or bridge construction)] or [(five (5) of which are in major bridge construction) - for Complex Bridge Projects with the exception of PTS projects which require two (2) years of major bridge construction j, or fior non-degreed personnel the aforementioned registration and ten (10) years or engineering experience (two (2) years of which are in major road or bridge construction). Qualifications include the ability to communicate effectively in English (verbally and in writing), direct highly complex and specialized construction engineering administration and inspection program: plans and organizes the work of subordinate and staff members, develops and/or reviews policies, methods, practices, and procedures, and reviews prograrns for conformance with FDOT standards. Also, must have the following: QUALIFICATIONS: Attend the CTQP Quality Control Manager course and pass the examination. CERTIFICATIONS: FDOT Advanced MOT OTH ER: Complete the Critical Structures Construction issues, Self -Study Course, and submit the mandatory Certification of Course Completion form (for structures projects) A Master's Degree in Engineering may be substituted for one (1) year engineering experience. CET PROJECT ADMIN1STRAI'OR/PROJECT ENG[NEER - A Civil linginecring degree plus two (2) years ❑Fengineering experience in construetion of major- road or bridge structures, or for n(in -degreed personnel eight (8) years of responsible and related engineering experience, two (2) years of which involved construction of major road or bridge structures with the exception of Complex Category 2 (CC2) bridge structures. As an exception, only one ( l ) year of Pi'S bridge experience will be required for registered project administrators Page 9 of 14 Schedule A - Score of Services REQUEST FOR PROFESSIONAL SERVICES (RPS) # 21-7880 CEI SERVICES FOR GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT and two (2) years of PTS bridge experience for non -registered project administrators. Past -tensioning experience is not required for precast prestressed concrete Flat slab superstructures but successful completion of an f DOT accredited grouting and post -tensioning course is required. To be in primary control, a Project Administrator must have supervised two or more inspectors as we[I as two or more support staff (Off ice Manager, Resident Compl iance Specialist. and Secretary) and must have been directly responsible for all CEI services assigned. CP'1'S years or experience must have included a minimum or twelve (12) months experience in each ofthe following areas: (1) casting yard operations and related surveying: (2) segment erection and related surveying, post -tensioning (PT) of tendons and grouting of prestressing steel. CPTCB years or experience must include monitoring of the Following: girder ercction, sai'e use of girder erection cranes. stabilization of girders after erection, False work l'or temporary girder support. and PT and grouting operations. PTS years of experience must include monitoring of the Following: installation of PT ducts and related hardware and post -tensioning and grouting of strands or be the level of experience that meets the criteria for OPTS or CPTCB bridges. M 13 years of experience must have been in MB mechanical and/or electrical construction. Receives general instructions regarding assignments and is expected to exercise initiative and independent ,judgment in the solution ofwork problems. Directs and assigns specific tasks to inspectors and assists in all phases of the construction project. Will be responsible For the progress and final estimates throughout the construction project duration. Must have the following: iJAL1FICATIONS• CTQP Final Estimates Level 11 CERTIFICATIONS: FDOT Advanced MOT OTHER: Attend CTQP Quality Control Manager Course and pass the examination. Complete the Critical Structures Construction Issues. Selt'-Study Course, and submit the mandatory Certification or Course Completion form (tor structures projects) A Master's Degree in Engineering may be substituted for one (1) year of engineering experience CEI ASS [STANT PROJECT ADMINiSTRATOR/PROJECT ENGINEER— A Civil Engineering degree plus one 01 year of engineering experience in construction of major road or bridge structures, or liar non-degreed personnel six (6) years of responsible and related engineering experience. two (2) years of which involved construction of major road or bridge structures with the exception of Complex Category 2 (CC2) Bridge structures. 01iAI,1P1CATIONS: CTQP Final Estimates Level 11 CERTIFICATIONS: FDOT Intermediate MOT CEi CONTRACT SUPPORT SPECIALIST - A High School diphima or equivalent and four (4) years of road & bridge construction engineering inspection (CEI) experience having performed/assisted in project related duties (i.e., Materials Acceptance and Certification (MAC) System. progress and fatal estimates. EEO compliance, processing Construction Contract changes, etc.) or a Civil Engineering Degree. Should exercise independent judgment in planning work details and making technical decisions related to the office aspects otthe project. Should be famiIiur %with the FDOT's Procedures covering the project related duties as stated above and be proficient in the computer programs necessary to perform these duties. Shall become proficient in Trimble Business Center - l icavy Construction Edition (HCE) or approved surface to surface comparison sof ware and Eriginee ring Menu. OUALIFICATIONS: CTQP Finial Estimates Level li Page 10 of 14 Schedule A -- Scope of Services 0:1�1 REQUEST FOR PROFESSIONAL SERVICES (RPS) # 21-7880 CEI SERVICES FOR GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT" CEI: ASSOCIATE CONTRACT SUPPORT SPECIALIST - I Iigh school graduate or equivalent plus three (3) years of secretarial and/or clerical experience including two (2) years of experience in construction office management having performed project related duties (i.e„ Materials Acceptance and Certification (MAC) System, progress and final estimates, EI_O compliance, processing Construction Contract changes. ctc.). Experienced in the use of standard word processing %)flware. Should exercise independent initiative to help relieve the supervisor of clerical detail. Assists the Project Administrator in office related duties (i.e., CQR, progress, and final estimates, EEO compliance, Processing Construction Contract changes. etc.). Project specific work under the general supers ision of the Senior Project Engineer and staff. QUALIFiCATiONS: CTQP Final Estimates Level 1 CEI SENIOR INSPECTOR/SENIOR ENGINEER INTERN — High school graduate or equivalent plus four(4) years of experience in construction inspection, two (2) years af' which shall have been in bridge and/or roadway construction inspection with the exception of Complex Category 2 (CC2) bridge structures or a Civil Engineering degree and one (])year of road & bridge CEI experience with the ability to earn additional required qualifications within one year. (Note; Senior Engineer Intern classification requires Line (1) year experience as an Engineer Intern.) To be in primary control, a Senior Inspector must have supervised two or more inspectors and must have been directly responsible For all inspection requirements related to the construction operations assigned. CPT$ years of experience must have included a minimum oftwelve (12) months of inspection experience in one or both of the following depending an which area the inspector is being approved for: ( l) casting yard inspection; (2) erection inspection. In addition. two (2) years of geometry -control survcy1ng experience is required far inspectors that pertorm or monitor geometry control surveying in a casting yard. CPTCI3 years Of experience must include monitoring and inspection of the Following: girder erection, sale use of girder erection cranes, girder stabilization after erection, false work for temporary girder support., and PT and grouting operations. P'fS years of experience must include monitoring of the f'alluwing: installation or PT ducts and related hardware and post -tensioning and grouting of strands or be the level of experience that meets the criteria for CP rS or CPTCB bridges. MB years of experience must have included the inspection of MB mechanical components for machinery inspectors and MB electrical components/systems far electrical inspectors. Must have the following as required by the scope of work for the project: OLIALIFICATIONS. CTQP Concrete Field Technician Level I CTQP Concrete Field Inspector Level I (Bridges) CTQP Asphalt Roadway Level 1 CTQP Asphalt Roadway Level 11 CTQP Earthwork Construction Inspection Level I CTQP Earthwork Construction Inspection Level 11 CTQP Pile Driving Inspection CTQP Drilled Shalt Inspection (required 11or inspection of all drilled shalls including miscellaneous structures such as sign structures, lighting structures, and trail is signal structures) CTQP Grouting'fechnician Level 1 CTQP Post -Tensioning Technician Level I IMSA Traffic Signal Inspector Level I C'fQP Final Estimates Level I CERTIFICATIONS: Page 11 of 14 Schedule A — Scope of Services REQUEST FOR PROFESSIONAL SERVICES (RPS) # 2I-7880 CEI SERVICES FOR GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT FDOT Intermediate MOT Nuclear Radiation Safety IMSA Traffic Signal Inspector Level 1 OTHER: Complete the Critical Structures Construction Issues, Self -Study Course, and submit the mandatory Certification or Course Completion form (for structures projects) Responsible I'or performing highly complex technical assignments in field surveying and construction layout, making, and checking engineering computations, inspecting construction work, and conducting field tests and is responsible f'or coordinating and managing the lower level inspectors. Work is performed under the general supervision of the Project Administrator. CEI 1NSPECTORIENGINEER INTERN - High school graduate or equivalent plus two (2) years orexperience in construction inspection, one (l ) year or�vhich shall have been in bridge and/or roadway construction inspection, or an Engineer Intern with a Civil Engineering degree (requires certificate) having the ability to earn the required qualifications and certifications within one year, plus demonstrated knowledge in the following: Must have the following as required by the scope of work of the project: QUALIFICATIONS: CTQP Concrete Field Inspector Level I CTQP Asphalt Roadway Level I CTQP Earthwork Construction inspection level I C'rQP Pile Driving Inspection CTQP Drilled Shalt Inspection (required for inspection of all drilled shafts including. miscellaneous structures such as sign structures, lighting structures, and traffic signal structures) IMSA Traffic Signal Inspector Level I CTQP final Estimates Level I CERTIFICATIONS: FDOT Intermediate MOT Nuclear Radiation Safety IMSA Traffic Signal InspcctorLevel I Florida Stormwater, Erosion, and Sedimentation Control Training and Certification Program For Inspectors and Contractors OTHER: Complete the Critical Structures Construction Issues. Self -Study Course, and submit the mandatory Certification of Course Completion Form (for structures projects) Responsible for performing assignments in assisting Senior Inspector in the performance ol'their duties. Receive general supervision From the Senior Inspector who reviews work while in progress. CEI ASPHALT PLANT INSPECTOR- High School Graduate or equivalent plus one (1) years' experience in the surveillance and inspection ❑f' hot mix asphalt plant operations or 80 hours working under an approved and qualified asphalt plant inspector at the asphalt plant and have the Following: UALIFICA TIONS: CI'QI' Asphalt Plant Level f CTQP Asphalt Plant Level II CEI INSPECTORS AIDE - High School graduate or equivalent and able to perform basic mathematical Page 12 of 14 Schedule A — Scope of Services REQUEST FOR PROFESSIONAL SERVICES (RPS) # 21-7880 CEI SERVICES FOR GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT calculation and follow simple technical instructions. Duties are to assist higher -level inspectors. Must Obtain FDO'f Imermediate MOT within the first six months of the assignment. CEI SURVEY PARTY CHIEF - High School graduate plus fourears of experience in construction surveying (including two (2) years as Party Chict). Experienced in field engineering and construction layout. making and checking survey computations and supervising a survey party. Work is performed under general supervision of Project Administrator. CEI INSTRUMENT PERSON - High school graduate plus three (3) years of experience in construction surveying one (1) year of which shall have been as instrument -man. Responsible for performing assignments in assisting Party Chiel' in the performance of their duties. Receives general supervision From Party Chief who reviews work while in progress. CE1 ROD-PERSON/CHAIN PERSON - High school graduate with some survey experienceor training preferred. Receives supervision from and assists Party Chief who reviews work while in progress. CEI SEC RETARYiCLERK TYPIST - H igh school graduate or equivalent plus two (2) years of secretarial and/or clerical experience. Ability to type at a rate of35 correct words per minute. Experienced in the use olstandard word processing sollware. Should exercise independent initiative to help relieve the supervisor of clerical detail. Work under general supervision orthe Senior Project Engineer and staff'. 10.3 Staffine: Once authorized. the Consultant shall establish and maintain appropriate staffing throughout the duration of construction and completion of the final estimate. Responsible personnel. thoroughly familiar with all aspects of construction and final measurements of the various pay items, shall be available to resolve disputed final pay quantities until the Division has received a regular acceptance letter. Construction engineering and inspection forces will be required of the Consultant while the Contractor is working. If`Contractor operations are substantially reduced or suspended, the Consultant wi I reduce its staff appropriately. if the suspension of Contractor operations requires the removal oi'ConsuI[ant Forces from the project, the Consultant will be allowed ten (10) days maximum to demobilize, relocate, or terminate such forces. 11.0 QUALITY ASSURANCE (OA)_ PROGRAM 11.1 Quality -Assurance Plan: Within thirty (30) days after receiving award of an Agreement. furnish a QA Plan to the Construction Project Manager. The QA flan shall detail the procedures. evaluation criteria, and instructions of the Consultant's organization for providing services pursuant to this Agreement. Unless specifically waived. no payment shall be made until the Division approves the Consultant QA Plan. Significant changes to the work requirements may require the Consultant to revise the QA Plan. It shall be the responsibility ❑/the Consultant to keep the plan current with the work requirements. The Plan shall include, but not be limited to. the following areas: A. Organization: A description is required of the Consul twit QA Organization and its l'unctionai relationship to the part of the organization performing the work under the Agreement. The authority, responsibilities and autonomy of the QA organization shall be detailed as welt as the names and qualifications orpersonnel in the quality control organization. B. Ouality Assurance Reviews: Detail the methods used to monitor and achieve organization compliance with Agreement requirements for services and products. C. Quality Assurance Records: Outline the types of records which will be generated and maintained during the execution of the QA program. D. Control of Subconsultants and Vendors: Page 13 of 14 Schedule A — Scope of Services REQUEST FOR PROFESSIONAL SERVICES (RPS) # 21-7880 CEl SERVICES FOR GOLDEN GATE PARKWAY OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT Detail the methods used to control subconsultant and vendor quality. E. Ouality Assurance Certification: An officer of the Consultant firm shall certify that the inspection and documentation was none in accordance with FDOT specifications, plans, standard indexes, and FDOT procedures. 11.2 Quality Assurance Reviews: Conduct semi-annual Quality Assurance Reviews to ensure compliance with the requirements of the Agreement. Quality Assurance Reviews shall be conducted to evaluate the adequacy of materials, processes, documentation. procedures, training, guidance, and staffing included in the execution of this Agreement. Quality Assurance Reviews shall also be developed and performed to achieve compliance with specific QA provisions contained in this Agreement. The semi-annual reviews shall he submitted to the Construction Project Manager in written form no later than one (1) month after the review. For this project, the CCEI shall perform an initial QA review within the First two (2) months of the start of construction. The CCFI shall perform an initial QA review on its asphalt inspection stall'after the Contractor has completed ten (10) full work days of mainline asphalt paving operations, or 25% or the asphalt pay item amount (whichever is less) to validate that all sampling, testing, inspection, and documentation are occun•ing as required of the CCEI staff. 11.3 Duality Records: Maintain adequate records of the quality assurance actions performed by the organization (including subcontractors and vendors) in providing services and products under this Agreement. All records shall indicate the nature and number of observations made, the number and type of deficiencies found. and the corrective actions taken. All records shall be avai lab le to the Division, upon request, during the Agreement term. All records shall be kept at the primary job site and shall be subject to audit review. 12.0 CERTIFICATION OF FINAL ESTIMATES 12,1 Final Estimate and As -Built flans Submittal: Prepare documentation and records in compliance with the Agreement. Statewide Quality Control (QC) Plan, or Consultant's approved QC Plan and the FDOT" s Procedures as required by CPAM. Submit the Final Estimate(s) and one (1 ) set of final "as -built plans" documenting the Contractor's ►vork in accordance with CPAM. Revisions to the Certified Final Estimate will be made at no additional cost to the County. 12.2 Certification: Consultant personnel preparing the Certif fed Final Estimate Package shall be CTQP Final Estimates level 11, Duly authorized representative or the Consultant firm will provide a nolari zed certification on a form pursuant to FDOT's procedures. 12.3 Offer of Final Payment: Prepare the Oflerof Final Payment package as outlined in CPAM. The package shall accompany the Certified Final Estimates Package submitted to the Construction Project Manager f'or rev iexv, The Consultant shall be responsible for forwarding the 0flfer of Final Payment Package to the Contractor. Page 14 of 14 Schedule A — Scope of Services SCHEDULE B BASIS OF COMPENSATION 1. MONTHLY STATUS REPORTS 13.1.1. Asa condition precedent to payment, CONSULTANT shall submit to the COUNTY as part of its monthly invoice a progress report reflecting the Project status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any 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. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, the COUNTY agrees to make the 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 services associated with any such line item have been completed or partially completed to the COUNTY's reasonable satisfaction. Lump sum payments will be made upon the percentage complete. In no event shall such Time and Materials compensation exceed the amounts set forth in the table below. Taskslitem Description Lump Sum Time and Materials Not -To - Exceed 1 Plan Reviews $ $ 58,243.60 2 CEI $ $ 381,264.92 3 Material Testing $ $ 5,000.00 4 Underwater Inspection $ $6,500.00 5 Surveying $ $5,000.00 $ $ $ $ Total Lump Sum Fee $ Total Time and Materials Fee $456,008.52 GRAND TOTAL FEE $456,008.52 Page 19 of 32 PSA_CCNA Single Project Agreernen1_Ver.4 B.2.2. [9*Time and Material Fees-. The fees noted in Section B-2-1. shall constitute the amounts to be paid to CONSULTANT for the performance of the Basic Services. Direct Labor Costs mean the actual salaries and wages (basic. premium and incentive) paid to CONSULTANT's personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly Application for Payment, CONSULTANT shall submit detailed time records; and any other documentation reasonably required by the COUNTY, regarding CONSULTANT's Direct Labor Costs incurred at the time of billing, to be reviewed and approved by the COUNTY. There shall be no overtime pay without the COUNTY's prior written approval. 6-2-2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as of that particular monthly billing. ' [-1* I u nqI) G Fn Cale The farar__Retedi��' i .� 2 '# - s4a-14-Ge Lite the lurnp sum arnew�A, to be paid to P #Df—tJ i e p e rf{i Derr - 0 9Veft4llAL3- ay-�:=ifk_ rf fha rni iN-rYr nrir.r Barr}}}}II Fn B-2-3.1 CONSULTANT shall submit; with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance cf Basic Services and Additional Services during the subject billing month. B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below- There shall be no overtime pay on Additional Services without the COUNTY's prior written approval. B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, Supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in 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 the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are due and payable- 3. SCHEDULE OF PAYMENTS B-3.1. 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 the COUNTY. €'ale 20 or'32 PSA CCNA Sinele Pro.iert Agreement_ Vera B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six {6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. B.3.2. invoices not properly prepared (mathematical errors, billing not reflecting actual work done; no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT's letterhead and must include the Purchase Order Number and 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 this Agreement or Additional Services, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated With Stich subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses must comply with §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: 13.3.4.1.1. 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 the COUNTY. Such expenses, if approved by the COUNTY, may include coach airfare; standard accommodations and meals, all in accordance with §112.061, Fla. Stat. Further, such expenses, if approved by the COUNTY, may include mileage for trips that are frnmlto 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 the COUNTY. 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 COUNTY. B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses. except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. Page 21 of 3x PSA CCNA Singtr Project Agreement_ Ver.4 B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. 133.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring any reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 22 of 32 PSA_CCNA Single Project Agree mem_Ver.4 4�) SCHEDULE B -- ATTACHMENT 1 C*I�PiI+ 14111ZIWAZTAII 2114119JII� Title Hourly Rate Senior Project Engineer $218.35 Project Administrator/Project Engineer $131.83 Senior inspector $96.55 Contract Support Specialist $87.67 Inspector $60.00 Chief Engineer $238.00 Principal Engineer $237.66 Senior Engineer $185.20 Senior Project Manager $201.00 The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be all inclusive. Additional hourly rates for other personnel may be added via an Amendment upon mutual agreement in advance and in writing by the parties. For Grant Funded Projects the above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. Page 23 of32 I'SA_CCNA Singie Project Agreement_Ver.4 SCHEDULE C PROJECT MILESTONE SCHEDULE Task/Item Description Number of Calendar Days For Completion of Task from Date of Notice to Proceed 1 Plan Reviews 606 Days 2 CEI 606 Days 3 Material Testing 395 Days 4 Underwater Survey 395 Days 5 Surveying 395 Days Page 24 of 32 PSA_CCNA Single Project Agreement_Ver.4 SCHEDULE D INSURANCE COVERAGE 1. The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self -insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self -insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. Ail 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 COUNTY or as specified in this Agreement, whichever is longer. 4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY within ten (16) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to the COUNTY, on a timely basis, if requested by the COUNTY. 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 COUNTY. CONSULTANT shall also notify the COUNTY, 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 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 COUNTY applicable to this Project. 6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute approval or agreement by the COUNTY 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- T. 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 COUNTY - Page 25 ol'32 PSA_CCNA Single Pmjcct Agree ment_Ver.4 8. Should at any time the CONSULTANT not maintain the insurance coverages required herein, the COUNTY 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 the COUNTY for such costs within thirty (30) days after demand, the COUNTY has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY 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 COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. g. 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 COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the COUNTY with such renewal certificates) shall be deemed a material breach by CONSULTANT and the COUNTY may terminate the Agreement for cause 10, WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. Required by this Agreement? LEI Yes ❑ No Workers` Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers` Liability - The coverage must include Employers' Liability with a minimum limit of $1,000,000 _for each accident. The insurance company shall waive all claims rights against the COUNTY and the policy shall be so endorsed. 11. United States Longs horernan's and Harbor Worker's Act coverage shall be maintained where applicable to the completion of the work. Required by this Agreement? ❑ Yes ❑■ No 12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Required by this Agreement? ❑ Yes W No 13. COMMERCIAL GENERAL LIABILITY. Required by this Agreement? ❑E Yes ❑ No A. Commercial General Liability Insurance, written on an "occurrence' basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily injury, Page ac, oz 3a PSA_CCNA Single: Project Agreamenl—Ver.4 L 0h Property Damage, Personal injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the COUNTY of the work under this Agreement. Limits of Liability shall not be less than the following Coverage shall have minimum limits of $1,000,000 Per Occurrence, $ 2,000,000 aggregate. B. The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self -insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self -insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. 14. Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of; the Additional Insured and the Contractor's policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 15. Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1 ) above if applicable to the completion of the Services under this Agreement. Required by this Agreement? [II Yes ❑ No 15. Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Required by this Agreement? ❑ Yes F No 17. AUTOMOBILE LIABILITY INSURANCE. Required by this Agreement? FN1 Yes ❑ No Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Ncn-The ownership. Page 27 n1'32 PSA_CCNA Single Project Agreemenl_Ver.4 18. TECHNOLOGY ERRORS AND OMISSIONS INSURANCE. Required by this Agreement? ❑ Yes ❑I• No Technology Errors and Omissions_ Insurance: Coverage shall have minimum limits of $ Per Occurrence. 19. CYBER INSURANCE. Required by this Agreement? ❑ Yes ❑■ No Cyber Insurance: Coverage shall have minimum limits of $ Per Occurrence. 20. UMBRELLA LIABILITY. A. Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so; such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis- B. The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. 21 PROFESSIONAL LIABILITY INSURANCE. Required by this Agreement? ❑■ Yes C No A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under this insurance. Such insurance shall have limits of not less than $ 1,000,000 each claim and aggregate B. Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the COUNTY. C. The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the COUNTY. D. The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or the COUNTY, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to the COUNTY of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify the COUNTY by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change In coverages or limits received by CONSULTANT from its insurer. In the event Page 28 n1'32 PSA CCNA Singie PrL�jecl AgreemeWWrA of more than a twenty percent (20%) reduction in the aggregate limit of any policy. CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by the COUNTY. 22. VALUABLE PAPERS INSURANCE. In the sole discretion of the COUNTY, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. 23. PROJECT PROFESSIONAL LIABILITY. A. If the COUNTY notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY and the COUNTY's insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT's professional liability policy. If no credit is available from CONSULTANT's current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to the COUNTY. Should no credit accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a credit on behalf of the COUNTY for the provision of project -specific professional liability insurance policy in consideration for a reduction in CONSULTANT's self -insured retention and the risk of uninsured or underinsured consultants. B. The CONSULTANT agrees to provide the following information when requested by the COUNTY or the COUNTY's Project Manager: 1. The date the professional liability insurance renews. 2. Current policy limits. 3. Current deductibles/self-insured retention. 4. Current underwriter. 5. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. 5. Cost of professional insurance as a percent of revenue. 7. Affirmation that the design firm will complete a timely project errors and omissions application. C. If the COUNTY elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and the COUNTY will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D Page 29 u1'32 i'sA -CC NA Single 11roiitct A g reement Wr.4 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Hardesty & Hanover Construction Services LLC (company's name) 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 " CEI Services for Golden Gate Parkway over Santa Barbara Canal Bridge Replacement "project" is accurate, complete and current as of the time of contracting. TITLE' fl �r�c �PA1 DATE: // ~ � ' Rage 36 of 32 PSA CC1VA Single Project Agreemcnt_Ver,4 0) SCHEDULEF KEY PERSONNEL Name Personnel Category Percentage of Time Steve Nappi Senior Project Engineer 5% Matt Thomas Protect Administrator/Promect Engineer 40% TB❑ Sr. Inspector 100% TBD Contract Support Specialist I Administrative Assistant 10% Page 31 of 32 I'SA CCNA Single Project Agreement_Ver.4 a Other: SCHEDULE G (Description) ❑ following this page (pages through _) ■❑ this schedule is not applicable Page32 of32 PSA_CCNA Single Praje�l Agreement_ a.4 MiguelVanessa From: GonzalezGreily Sent: Wednesday, November 10, 2021 3:57 PM To: Zimmerman5ue; MiguelVanessa Cc: Contracts; AbreuLeisy; OQuinnPatrick; ReynosoAna; Hamilton5arah Subject: RE: COI in Compliance: 21-7880 CEI Services forGG Pkwy over Santa Barbara Canal Bridge Replacement (Hardesty & Hanover Construction) That will be acceptable. Just need to make sure they present the subconsultant's insurance before those services are provided. From: Zimmerman5ue rSue.Zimmerman@coliiercountyfl.gov> Sent: Wednesday, November 10, 2021 1:57 PM To: GonzalezGreily <Greily.Gonzalez@colliercountyfl.gov>; MiguelVanessa <Vanessa.Miguel@colliercountyfl.gov> Cc; Contracts <Contracts@colliercountyfl.gov>; AbreuLeisy <Leisy.Abreu@colliercountyfl.gov>; OQuinn Patrick <Patrick.OQuinn@colliercountyfi.gov>; ReynosoAna Ana. Reynoso@colhercountyfl.gov>; Hamilton5arah Sara h. Ha milton@col#iercountyfl.gov> Subject: RE: COI in Compliance: 2 1-7 880 C E I Services far GG Pkwy over Santa Barbara Canal Bridge Replacement (Hardesty & Hanover Construction) Greily; Vanessa reached out to the Vendor and they advised: "H&H doesn't own any watercrafts. We provide marine insurance through a subconsultant on as needed basis. When the time comes that the service is needed. We will hire a subconsultant to perform that service and get insurance coverage from them." How d❑ you want us to proceed? Thank you. Respectfully, Sue Zimmerman, CPM Contracts Manager co*e�r C014 .ty Procurement Services Division 3295 Tamiami Trail East, Bldg. C2 1 Naples, FL 34112 Phone I Office (239)252-8034 1 Cell (239)227--9 r 03 email 5rje.Zimmerman colliercount fl. ov "HOWARE wEDoiNG?, Please Take Our Surve we appreciate your feedback! V ��Y From: GonzalezGreily <Greily.Gonzalez@colliercountyfl.gov> Sent: Wednesday, !November 10, 2021 12:31 PM To: MiguelVanessa Vanessa.Miguel@colliercountyfl.gov> Cc: Contracts Contracts@colliercountyfl_.gov>; Zimmerman5ue <Sue.Zimmerman@colliercountyfLgov>; AbreuLeisy <Leisy.Abreu@colliercountyfl.gov>; OQuinnPatrick <Patrick.OQuinn@colliercountyfl.gov>; ReynosoAna <Ana.Reynoso@colliercountyfl.gov>; Hamiiton5arah <Sarah.Hamilton @cotliercountyfl.goy> Subject: RE: COI in Compliance: 21-7880 CEI Services for GG Pkwy over Santa Barbara Canal Bridge Replacement (Hardesty & Hanover Construction) Vanessa, The insurance requirements lists Watercraft as one of the coverage for which the vendor needs to present evidence of insurance, but no dollar limit is listed. I reviewed what Carleton assigned hack on 3/2021 and Watercraft for a limit of $500,000 was listed as one of the requirements. Other than that, the rest of the coverages for which evidence was presented are in compliance. Respectfully, Greily Gonzalez, ARM Manager, Risk Finance Cao*ie r Coi4vity Risk Management Division 3311 Tamaimi Trail E, Bldg a, Naples, FL 34112 Ph: 239.252.8914 Fax: 239.252.8048 NOTE: EmailAddress Has Changed f 'kjy V` , J sNM Take the Risk Management Customer 5urve Please use your iPhone to access the below QR Code. Aim at it as if you were taking a picture of it; the Survey link will pop up. C#ink on the link to access the survey! TAKE THE SURVEY From: MiguelVanessa <Vanessa.Miguel@colliercountyfl.gov_> Sent: Wednesday, November 10, 2021 8:42 AM To: GonzalezGreily <Greily.Gonzalez@coltiercount-yfl.gou> Cc: Contracts Contracts@colliercountyfl.gov>; Zimmerman5ue <Sue.Zimmerman@colliercountyfl.goy>; AbreuLeisy <Leis .Abreu coiliercount fl. ova; OQuinnPatrick <Patrick.0 uinn @ col Iiercount fl. ov>; ReynosoAna <Ana.Reynoso@colliercountyfl.gov>; HamiltonSarah <Sarah.Hamilton colliercount fi, ov> Subject: C01 in Compliance: 21-7880 CEI Services for GG Pkwy over Santa Barbara Canal Bridge Replacement (Hardesty & Hanover Construction) Dear Greily, Please review the CCI provided by the vendor. We need you to confirm if it's in compliance as per our Insurance Request form. Thank you for your time. Respectfully, Purchasing Technician Co ftev County PROCUREMENT SERVICES DIVISION 3295 Tamiami Trail East, Bldg. C2 I Naples, FL. 34112 Phone I Office (239) 252-8947 EMAIL: I Vanessa. Miguel@ colliercountyfl.go►• "HOW ARE WE DOING?" Please Take Our Survey We appreciate your feedback! Bid5ync (now known as Periscope SOURCE) is Collier County's hid platform. and registration is free. Register today at www.bidsync.coni. For registration assistance please contact BidSync customer service at 800-990-9339 or email: support a bidsync.com Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead. contact this office by telephone or in writing. Client#: 25393 HARDHANO DATE jhM1MIDD/YYYY} ACORD, CERTIFICATE OF LIABILITY INSURANCE 1 1110912021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXPEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Jerry Noyola Greyling Ins- Brokerage/EPIC PHONE 770-220-7699 AFC No, AIC, Nq 3780 Mansell Road, Suite 370 E-MAIL ADDREss: jerry.noyoia@greyling.com Alpharetta. GA 30022 IN SUR ERf51 AFFORDING COVERAGE NAIC # INSURED Hardesty & Hanover Construction Services, LLC 1501 Broadway New York, NY 10036 INSURER A: National Union Fire Ins Co of PA 19445 INsuRER B : Aspen American Insurance Company 43460 INSURER c : Commerce 8. Industry Ins. Co. 19410 INSURER D : Zurich American Insurance Co INSURER E : 16535 r_nVrQAnPR rF ZTII=Ir ATF NIIMRFR, 21-22 RFV1SIdN NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL NSR SU8 A D POLICYNUMBER GL9566090 POLICY EF (MWDD 8101/2021 POLICY ERP MMID LIMITS A X COMMERCIAL GENERAL LIABILITY ]( X 08/011202 EACH OCCURRENCE s2 000 000 GLAIMS-MADE � OCCUR PR�ES EaEoecTunence $500 000 ME❑ EXP (Any oneperson) s25 000 Contractual Liab. PERSONAL & A❑V INJURY s2,000 000 GEN'L AGGREGATE LIMIT APPLIES PER- GENERAL AGGREGATE s4,000,000 PRO - POLICY x JECT x LaC PRODUCTS -COMPIOPAGG s4,000,000 b OTHER: CA5425480 A AUTOMOBILE LIABILITY X X 8101/2021 08/011202 � se den SINGLE LIMIT 2,000,000 BODILY INJURY (Per person) S x ANY AUTO BODILY INJURY (Per accident) S OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY x AUTOS ONLY PROPERTY DAMAGE Per acciderlS S 13 UMBRELLA LI B X OCCUR x X CXOOBN721 8/0112021 08101/202 EACH OCCURRENCE 510,000,000 AGGREGATE s1a 000 000 CESS LIARCLAIMS-MA❑E �07ECI ]( I RETENTION 50 s C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PRO PRIETORIPARTNERIEXECUTIVE Y I N OFFICEWMEMBER EXCLUDED? (!Mandatory In NH) NIA X WC043172130 0810112021 011101/2022 X PER OTH IE E.L. EACH ACCIDENT A 000 000 E.t. DISEASE - EA EMPLOYEE $1 00O 000 E,L. DISEASE - PCLiCY LIMIT $1 000 000 If yes describe under DESCRIPTION OF OPERATIONS below Q Valuable Papers CPP943349013 8/01/2021 08/01/202 Limit $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS III EH IC LES (ACORD 101. Additional Remarks Schad ul e, may be attached It more space is regUl red) Re: CEI services for Golden Gate Parkway over Santa Barbara Canal Bridge Replacement. Contract #21-7880. H&H #5230_ Collier County Board Of County Commissioners are named as Additional Insureds with respects to General Liability where required by written contract. The above referenced liability policies with the exception of workers compensation and professional liability are primary & non-contributory where required by written contract. Should any of the above described policies be cancelled by the issuing insurer before (See Attached Descriptions) Collier County Board Of Count Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE tY Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3295 Tamiami Trail E. ACCORDANCE WITH THE POLICY PROVISIONS. Naples, FL 34112 AUTHORIZED REPRESENTATIVE AA(I' - D 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) 1 of 2 The ACORD name and logo are registered marks of ACORD #S29818091M2835803 JNOY1 Client#- 25393 HARDHAN❑ FATE IMMIDFIYYYYI ACORD. CERTIFICATE OF LIABILITY INSURANCE 11/0912021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: .terry Noyola _ Greyling Ins. BrokeragelEPIC ?� �NNQ : FAX No): 3780 Mansell Road, Suite 370 E-MAIL jerry.noyola@greyling.com Alpharetta, GA 30022 INSURER($) AFFORDING COVERAGE NAIC N itwuimFa A. Evanston Insurance Comoanv 135378 INSURED I INSURER B : Hardesty & Hanover Construction Services, LLC 1501 Broadway New York, NY 10036 INSURER C ; INSURER D INSURER E : F: rnVPPA FS CFIRTIFICATF NLIMRFR: 21-22 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN 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 POLIMES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADD I S SUS POLICY NUMBER POLICY EFF MMIDF POLICY EXP MMIDDIYYYY U[MrTrr COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR PREMISES Ea nQ.T.'ce 3 ME❑ EXP (Any one parwn)$ PERSONAL &ARV INJURY $ GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE 5 PRO - POLICY ❑ JECT LOC PRODUCTS - COMPIOP AGG S $ OTHER: AUTOMOBILE LIABILITY GOMBINEO SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accdent $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED RE_TEN- ION 3 S WORKERS COMPENSATION PER1111 OT11- ANO EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERFEXECLITIVE OFFICEWMEMBER EXCLUDED? 17 N I A E.L. EACH ACCIDENT $ (Mandatary in NH) E-L, DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ If yyes, describe under ❑ESCRIPTION OF OPERATIONS below A Professional/ MKLV7PL0004434 1101/2021 01101/202 Per Claim $5,000,000 Pollution Liab. Aggregate $5,000,000 Deductible $500 000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Re: CEi services for Golden Gate Parkway over Santa Barbara Canal Bridge Replacement. Contract #21-7880. H&H #5230. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 days' written notice (except 10 days for nonpayment of premium) will be provided to the Certificate Holder. TE HOL Collier Count Board Of Count Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3295 Tamiami Trail E. ACCORDANCE WITH THE POLICY PROVISIONS. Naples, FL 34112 AUTHORIZED REPRESENTATIVE 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) 1 ❑f 1 The ACORD name and logo are registered marks of ACORD #S2981810IM2489015 JNOY1 DESCRIPTIONS (Continued from Page 1 ) the expiration date thereof, 30 days' written notice (except 10 days for nonpayment of premium) will be provided to the Certificate Holder. SAGITTA 25.3 (2016103) 2 of 2 #529818091M2835803 POLICY NUMBER; GL956609G COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES DR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 B Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect t❑ the insurance afforded to these additional insureds, the following is added to Section III Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay ❑n behalf of the additional insured is the amount ❑f insurance: 1. Required by the contract ❑r agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 0 Insurance Services ❑ffice, Inc., 2018 CG 20 10 12 19 POLICY NUMBER; GL9566090 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(sl Or Organization(s) Location And Description Of Completed ❑perations ANY PERSON OR ORGANIZATION PER THE CONTRACT OR AGREEMENT. WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" ❑r "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided t❑ the additional insured is required by a contract ❑r agreement, the insurance afforded t❑ such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount ❑f insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 0 Insurance Services ❑ffice, Inc., 2018 Page 1 of 1 ❑FvEslow OF CORPORATIONS ti � �r J! vI;;IUii vj rg Imo' +ut rf�Ai�,�1:u+ur�r ��nw rrWir. Department of State 1 Division of CcrpgraljgnI Search Recorl 1 r i y Enti y Name Detail by Entity Name Foreign Limited Liability Company HARDESTY & HANOVER CONSTRUCTION SERVICES, LLC -W g Information Document Number M i 1000005507 FE11EIN Number 45-3031781 Date Filed 11/01/2011 State DE Status ACTIVE Last Event LC STMNT OF RAIRO CHG Event Date Filed 02/15/2021 Event Effective Date NONE Principal Address 1501 BROADWAY, 6th FLOOR NEW YORK, NY 10036 Changed: 03/0812016 Mailing Address 1501 BROADWAY, 6th FLOOR NEW YORK, NY 10036 Changed: 03/0812016 Registered Agent Nam" -Address Sileno, Michael 3250 W COMMERCIAL BLVD STE 348 FT LAUDERDALE, FL 33309 Name Changed: 03/09/2018 Address Changed: 02/15/2021 Authorized Person(sy Detail Name & Address Title Managing Member BLUNT. SEAN A 1501 BROADWAY, 6th FLOOR NEW YORK, NY 10036 Title Managing Member O'Shea, Brendan 1501 BROADWAY, 6th FLOOR NEW YORK, NY 10036 Annual Reports Report Year Filed Date 2019 03/07/2019 2020 03/04/2020 2021 02/03/2021 Document Imaggq 02/15121221 — CCRLCRACHG View image in PDF format 0 1 1 — ANN AL REPORT Mew image fn POF format 43/0412029 -_ANNUAL REPORT View image in PDF Format 03107/2019 - ANNUAL REPORT View image in PDF format 03/0912016 — ANNUAL REPORT View image in PDF format 0 311412017 — ANNUAL REPORT View Image in PDF format 0310W016 — ANNUAL REPORT View image in PDF format 02123/2015 —ANNUAL REPORT View image in PDF format 0.3/07/2014 —ANNUAL REPORT View image in PDF format 03/14/2013 -- ANNUAL REPORT View image in PDF format 04/18/2012 — ANNUAL REPORT View image in PDF format ' 11/01/2011 — Foreign Urnited View image in PDF formal ,� t„n,-,--9 ._r Starr L,- u, -,n T I L—uv q