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Agenda 04/23/2024 Item #16B 3 (Contract #23-8068 for CEI Services on the Stan Gover Memorial Bridge Repair/Rehabilitation Project w/Hardesty & Hanover Construction Services, LLC)
04/23/2024 EXECUTIVE SUMMARY Recommendation to approve Agreement No. 23-8068, “CEI Services for Stan Gober Memorial Bridge Repair/Rehabilitation Project” with Hardesty & Hanover Construction Services, LLC, in the amount of $600,674.39, and authorize the Chairman to sign the attached Agreement. (Project No. 66066) OBJECTIVE: To obtain Construction Engineering and Inspection (“CEI”) Services for the Stan Gober Memorial Bridge Repair/Rehabilitation Project (66066). CONSIDERATIONS: The Stan Gober Memorial Bridge Repair/Rehabilitation Project will address structural deficiencies flagged in the Florida Department of Transportation Inspection Report. Those deficiencies include cracks in the deck slab, support beams, pier caps, and column and other scour-related channel deficiencies. On May 23, 2023 (Agenda Item 16.B.8), the Board approved the selection committee’s ranking and authorized staff to begin negotiations with the top-ranked firm, Hardesty & Hanover Construction Services, LLC., (“H&H”). H&H is a civil engineering company specializing in bridge engineering services with more than 130 years of experience. H&H has been providing professional engineering services in Florida since 2012 and has previously provided CEI services on other County projects, such as the Gator Canal Bridge Replacement. In addition, H&H recently completed CEI services for two local projects: the Golden Gate Parkway over the Santa Barbara Canal Bridge Replacement, and the Veterans Memorial Boulevard Roadway Improvement. H&H initially offered to complete this work, for the amount of $1,114,634.76, based on a 24-month project schedule. However, the County’s Engineer of Record confirmed that the Project may be completed within a 12- month period. Staff commenced negotiating H&H’s offer as required by Florida Statues, § 287.055, the Consultants’ Competitive Negotiation Act (the “CCNA”) and reached the attached proposed agreement in the amount of $600,674.39 for all professional services. The Board’s approval of this item will also be an acknowledgment of the cost reasonableness of the contract amount based upon staff’s competitive negotiations as required by the CCNA. This item is consistent with the County’s strategic plan objectives to plan and build public infrastructure and facilities to effectively, efficiently, and sustainably meet the needs of the County; prepare for the impacts of natural disasters on critical infrastructure and natural resources; and design and maintain an effective transportation system to reduce traffic congestion, and improve the mobility of residents and visitors. FISCAL IMPACT: Funding in the amount of $600,674.39 is available in Gas Tax Fund (3083), Bridge and Structure Project (66066). Source of funding is gas taxes. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long-Range Transportation Plan and Objective 1 of the Transportation Element of the Collier County Growth Management Plan to maintain the major roadway system at an acceptable Level of Service. RECOMMENDATION: To approve Agreement No. 23-8068, “CEI Services for Stan Gober Memorial Bridge Repair/Rehabilitation Project” with Hardesty & Hanover Construction Services, LLC, in the amount of $600,674.39, and authorize the Chairman to sign the attached Agreement. (Project 66066) Prepared by: Ray G. Girgis, P.E., Project Manager III, Transportation Engineering Division ATTACHMENT(S) 1. 23-8068 COI_Hardesty (PDF) 16.B.3 Packet Pg. 652 04/23/2024 2. 23-8068_COI_Hardesty (PDF) 3. [Linked] 23-8068_Vendor Signed_ Hardesty (PDF) 16.B.3 Packet Pg. 653 04/23/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.B.3 Doc ID: 28246 Item Summary: Recommendation to approve Agreement No. 23-8068, “CEI Services for Stan Gober Memorial Bridge Repair/Rehabilitation Project” with Hardesty & Hanover Construction Services, LLC, in the amount of $600,674.39, and authorize the Chairman to sign the attached Agreement. (Project No. 66066) Meeting Date: 04/23/2024 Prepared by: Title: – Transportation Engineering Name: Ragaey Girgis 03/06/2024 2:25 PM Submitted by: Title: Division Director - Transportation Eng – Transportation Engineering Name: Jay Ahmad 03/06/2024 2:25 PM Approved By: Review: Transportation Engineering Marlene Messam Other Reviewer Completed 03/08/2024 8:22 AM Transportation Engineering Jay Ahmad Other Reviewer Completed 03/08/2024 8:23 AM Transportation Management Services Department Jeanne Marcella Transportation Management Services Department Completed 03/08/2024 3:40 PM Procurement Services Sandra Srnka Level 1 Purchasing Gatekeeper Completed 03/13/2024 1:21 PM Transportation Engineering Lisa Taylor Other Reviewer Completed 03/15/2024 1:47 PM Transportation Management Operations Support Tara Castillo Other Reviewer Completed 03/25/2024 12:52 PM Road Maintenance Ellen Sheffey TMSD Reviewer Completed 03/26/2024 7:53 AM Procurement Services Sandra Srnka Procurement Director Review Completed 03/28/2024 8:16 AM Transportation Management Services Department Trinity Scott Transportation Completed 04/02/2024 5:23 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 04/09/2024 8:16 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/09/2024 8:21 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/09/2024 10:43 AM Community & Human Services Maggie Lopez OMB Reviewer Completed 04/11/2024 7:09 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 04/16/2024 12:47 PM Board of County Commissioners Geoffrey Willig Meeting Pending 04/23/2024 9:00 AM 16.B.3 Packet Pg. 654 INSR ADDLSUBRLTRINSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME:FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE National Union Fire Ins Co of PA Aspen American Insurance Company New Hampshire Ins. Co. Zurich American Insurance Co 2/29/2024 Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 Alpharetta, GA 30022 Jerry Noyola 770-220-7699 jerry.noyola@greyling.com Hardesty & Hanover Construction Services, LLC 1501 Broadway New York, NY 10036 19445 43460 23841 16535 23-24 A X X X Contractual Liab. X X X X GL9566090 08/01/2023 08/01/2024 2,000,000 500,000 25,000 2,000,000 4,000,000 4,000,000 A X X X X X CA5425480 08/01/2023 08/01/2024 2,000,000 B X X X 0 X X CX009N722 08/01/2023 08/01/2024 10,000,000 10,000,000 C N X WC043172130 08/01/2023 08/01/2024 X 1,000,000 1,000,000 1,000,000 D Valuable Papers CPP943349014 08/01/2023 08/01/2024 Limit $1,000,000 Re: CEI Services for Stan Gober Memorial Bridge Repair/Rehabilitation Project. Contract # 23-8068. H&H # 6006. Board of County Commissioners for Collier County 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. Waiver of Subrogation is applicable where required by written contract & allowed by law. Should any of the (See Attached Descriptions) Collier County Board Of County Commissioners 3295 Tamiami Trail E. Naples, FL 34112 1 of 2#S3353142/M3353125 HARDHANOClient#: 25393 JNOY1 16.B.3.a Packet Pg. 655 Attachment: 23-8068 COI_Hardesty (28246 : No. 23-8068, CEI Services for Stan Gober Memorial Bridge) SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) 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. 2 of 2 #S3353142/M3353125 16.B.3.a Packet Pg. 656 Attachment: 23-8068 COI_Hardesty (28246 : No. 23-8068, CEI Services for Stan Gober Memorial Bridge) POLICY NUMBER: ADDITIONAL INSURED - OWNERS, LESSEES OR 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 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Insurance Services Office, Inc., 2018CG 20 10 12 19 Page 1 of 2 A. Section II 6 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. ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN PER THE CONTRACT OR AGREEMENT. ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. GL9566090 16.B.3.a Packet Pg. 657 Attachment: 23-8068 COI_Hardesty (28246 : No. 23-8068, CEI Services for Stan Gober Memorial Bridge) Insurance Services Office, Inc., 2018Page 2 of 2 CG 20 10 12 19 C.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 of 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. 16.B.3.a Packet Pg. 658 Attachment: 23-8068 COI_Hardesty (28246 : No. 23-8068, CEI Services for Stan Gober Memorial Bridge) POLICY NUMBER: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location And Description Of Completed Operations COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. PER THE CONTRACT OR AGREEMENT. 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" or "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 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 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 of 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 Page ofInsurance Services Office, Inc., 2018 1 1 GL9566090 16.B.3.a Packet Pg. 659 Attachment: 23-8068 COI_Hardesty (28246 : No. 23-8068, CEI Services for Stan Gober Memorial Bridge) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 2/29/2024 Greyling Ins Brokerage/EPIC 3780 Mansell Rd. Suite 370 Alpharetta GA 30022 Jerry Noyola 770-220-7699 770-220-7699 greylingcerts@greyling.com Evanston Insurance Company 35378 HARDHAN Hardesty & Hanover Construction Services, LLC 1501 Broadway New York, NY 10036 A Professional/Pollution Liability MKLV7PL0006176 1/1/2024 1/1/2025 Per Claim Aggregate Deductible $5,000,000 $5,000,000 $500,000 Re: CEI Services for Stan Gober Memorial Bridge Repair/Rehabilitation Project. Contract # 23-8068 H&H # 6006. Should any of the above describedpolicies 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. Collier County Board Of County Commissioners; 3295 Tamiami Trail E. Naples FL 34112-0000 16.B.3.b Packet Pg. 660 Attachment: 23-8068_COI_Hardesty (28246 : No. 23-8068, CEI Services for Stan Gober Memorial Bridge) PROFESSIONAL SERVICES AGREEMENT Contract # 23-S06S for CEI Services for Stan Gober Memorial Bridge Repair/Rehabilitation Protect " THIS AGREEMENT is made and entered into this _day of , 20 24 by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the States 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. 6th Floor,. Naw York. NY 10036 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR") W I T N E S S E T H WHEREAS, the COUNTY desires to obtain the profassio nal services of the CONSULTANT concerning CEI Services for Stan Gober Memorial Bridge Repair/Rehabilitation Proiact (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 sub milted a proposal for provision of those services; and; WHEREAS, the CONSULTANT represents [hat it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consitlaration 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 pertormed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to ba paid CONSULTANT by the COUNTY for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated heroin. 1 .3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to tlo business in the State of Florida and in Collier County, Flo ride, 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 pertormad by the CONSULTANT pursuant to this Agreement. Page 1 of 29 PSA_CCNA Single Prajec[ Agreement [2023_ver.l] CA O 1.4. Tha 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 Steve Nappi, PE a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coo rtlinator is authorizetl antl responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and pertormed 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 ba provided and pertormed 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 .6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written req uast 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 pertorm 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 ba provided by CONSULTANT pursuant to this Agreement shall be subject to the COUNTY's review and approval antl shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as wall as in accordance with all applicable laws, statutes, including but not limited to ortlinances, codes, rules, regulations and requirements of any governmental agencies, and the Floritla Building Cotle where applicable, which regulate or have jurisdiction over the Services to be provided and pertormed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 antl 218.76 F.S.), as amended, antl the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701 (2)(a)-(b) as stated as follows: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 'I '19, FLORIOA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suites '102 Naples, FL 34'112-5746 Telephone: (239) 252-8999 Email: PublicRecord ReauestCo7colliercou ntvfl.aov The Contractor must specifically comply with the Floritla Public Records Law to: Page 2 of 29 PSA_CCNA Single Pr ject Agrceman[ [2023_vv.l] CAO 1. Keep and maintain public records required by the public agency to pertorm 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. 3. 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 of the Contractor or keep and maintain public records req ulretl by the public agency [o pertorm 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 tleficie nt documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to CONSULTANTSs pertormance of the work as related to the project. This list is not deemed to be all-inclusive, and the COUNTY reserves the right to make sole determination regarding deductions. After notification of deficiency, if the 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 CONSU LTANT's non-pertormance whether or not the COUNTY obtained substitute pertormance. 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 pertormance 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, su bconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide the COUNTY prompt written notice of any such subpoenas. Page 3 of 29 PSA_CCNA Single Pr jecl Agreement [2023_vec 1 ] L AU 1 .11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area must ba submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/g0). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections era also acceptable), or when 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 COU NTY's Procurement Ordinance and Procedures in effect at the time such services are authorized. These services will ba paid for by the COUNTY as indicated in Article Fiva 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. If 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 otheruvise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherv✓ise 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 ravis ing 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 era due to any other causes beyond CONSU LTANT's control and fault. 2.1.3 Providing renderings or models for the COUNTY's use. Page 4 of 29 PSA_CCNA Single P jec[ Agrcemen[ [2023_vecn CAO 2.1 .4 Investigations and studies involving detailed consideration of operations, maintenance and ova rheatl 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 .6 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 .6 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 era 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 COU NTY'S RESPONSIBILITIES 3.1. Tha COUNTY shall designate in writing a project manager to act as the COU NTY's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). Tha Project Manager shall have authority to transmit instructions, receive information, interpret and define the COU NTY's policies and decisions with respect to C ON SU LTANT's services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: a. The scope of services to be provided and performed by the CONSULTANT hereunder; b. The time the CONSULTANT is obligated to commence and complete all such services; or c. The amount of compensation the 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 pertormed 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 CON SULTANT's tl isposal all available information in the COU NTY's possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; Pege 5 of 29 PSA_CCNA Single Project Agrecmen[ [2023_ver.l] �%/�O d. Arrange for access to and make all provisions for CONSULTANT to enter the Project site to pertorm 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 ba 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 pertormed 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 pertormance 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, interterence, inefficiency, suspension or delay in the commencement or progress of CONSU LTANT's services from any cause whatsoever, including those for which the COUNTY may be responsible in whole or in part, shall relieve CONSULTANT of its duty to pertorm 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 1S0 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been pe rtormed, 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, pertorm 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 CON SU LTANT's pertormance is or will shortly be back on schedule. 4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue pertorming 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. Page 6 of 29 PSA_CCNA Single Project Agreement [2023_vecq t`n(1 ARTICLE FIVE COMPENSATION 5.1 . Compensation and the manner of payment of such compensation by the COUNTY for services re ntlared 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: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no hourly or material invoices presented, rather, the CONSULTANT must perto rm to the satisfaction of the COU NTY's Project Manager before payment for the fixed price contract is authorized. 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 partorm 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 docu mantation 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 docu mantation for the project. 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. 0 6sawt�-unds�'�T-.; � gratified-in-aohe 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 or AutoCAD files, specifications, maps, evaluations, reports and othertechnical data, other than working papers, prepared or developed by orfor 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 COU NTY'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 COU NTY's use of the Project Documents to complete the Project following CONSULTANT'S termination for any reason or to pertorm additions to or remotl cling, 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. Page '1 of 29 PSA_CCNp Single Pr ject Agreement [2023_vet q �` /�i� 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 data 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 offen as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later data 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' foes, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. 8.2. To the extant 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 725.08(4), Florida Statutes, the indemnification provided herein shall be limited as provided in Sections 725.08(1) R (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. 92. All Insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3. All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1 . All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, as an additional insu rod as to the operations of CONSULTANT under this Agreement and shall contain a severability of into rests' provisions. Page 8 of 29 PSA_CCNA Single P ject Agreem<nt [2023_vet 1] CAU 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. Tha Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract numbs r. 9.3.5. All insurance policies shall be fully pertormable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsulta nts 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. 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 h ighar. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall ba 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 than otherwise exist without regard to this Agreement. 10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intern ds to assign to the Project to perform the Services required hereu ntlar. 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 COU NTY's prior written consent. 10.3. CONSULTANT is liable for all the acts or omissions of its subconsulta nts 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 Page 9 of 29 PSA_CCNA Single Project Agreement [2023_vcc t] L AQ 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 pe rtormatl 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 -au bco nsulta nts 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 assignable to the COUNTY upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11 .1 . CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against 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 CON SU LTANT's services nor payment by the COUNTY shall be deemed to be a waiver of any of the COU NTY'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 co nsitlared 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) CONSU LTANT's failure to begin services under the Agreement within the times specified underthe Notices) to Proceed, or (b) CONSULTANT'S failure to properly and timely pertorm 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 CONSU LTANT'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 pertorm 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 CONSU LTANT'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 Page !O o£29 PSA_CCNA Single Project Agrccment r2tY23—ver.l] CAO 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 pertormed. 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 6, that are in CONSU LTANT's possession or under its control. 12.5. Tha 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 written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the C ONSU LTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures sat forth in Article Four herein. 12.5. 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 (ii) the COUNTY has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, than CONSULTANT may stop its pertormance under this Agreement until such default is cured, after giving THE COUNTY a second fourteen (14) days written notice of CONSU LTANT's intention to stop pertormance under the Agreement. If the Services are so stopped for a period of one huntl red 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 pertorming portions of the Services under contract with the CONSULTANT, the CONSULTANT may term inata this Agreement by giving written notice to the COUNTY of CONSU LTANT's intent to terminate this Agreement. If the COUNTY does not cure its default within fou rtaen (14) days after receipt of CONSU LTANT'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 pertormed through the termination date, but in no event, shall CONSULTANT ba entitled to payment for Services not pertormed 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 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 con sidaratlon contingent upon or resulting from the award or making of this Agreement. 13.2. In accortla nee 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 Schad ule 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 Page 11 0£29 PSA_CCNA Single Pr jecl Agreement [2023 ve�.l] L/�<J 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 and of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1 . CONSULTANT represents that it prase ntly has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the pertormance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall ba 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 31XTEEN 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 dative red by hand, email, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following the COU NTY's address of record: Board of County Commissioners for Colli¢r County, Florida Division Name: Transportation Enginearing Division Divlsion Dir¢ctor: Jav Ahmed Address: 2885 Horseshoe Drive S Naples Florida 34t04 Administrative Agent/PM: Ragaev "Rev" Girois, Protect Manacer III T¢I¢p hone: (239) 252-5731 E-Mail(s ): Ragaev.Girflist^d.]colliarcountvFl.cov 16.2. All notices req uiretl 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 C ONSULTANT's address of record: Company Nam¢: Hardesty 8. Hanover Construction Services. LLC Address: 5644 Tavilla Circle. Sulte 206 Naol¢s. FL 34110 Page 12 of 29 PSA_CCNA Single Project Agreement [2023_v r.I] ` cnc� Attention Nama 8. Title: Michael Slleno. Principal/ Stevan Naooi. PE Telephone: (9411979-5476 E-Mail(s): SnaooiCo�hardastvhanovaccom 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in repress nting the COUNTY, shall promote the bast 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 lie bilitias 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 ba a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or affect 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 ba an original and all of which shall constitute but one and the same instrument. 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schad ula C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E CCNA Protects: TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL Schedule G Other: N/A Solicitation Yt 23-8068 ,including all Attachment(s), Exhibits) & Addendum Consultant's Proposal Page 13 of 29 PSA_CCNA Single Project Agreement [2023_vec q CAo 17.10. Grant Funded Projects (only anolica ble to Grant funded oroiacts): In the avant 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 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 antl 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 6e 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 antl 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 co nsidaration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign antl deliver to the COUNTY the Truth -In -Negotiation Certificate identified in Articles 13 and attached hereto and made a part hereof as Schedule E. CONSU LTANT'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 ba 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 14 of 29 PSA_CCNA Singl<Pr ject Agreement [2023 ver.q CAS ARTICLE TWENTY DISPUTE RESOLUTION 20.1. Prior to the in illation 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 Afi ree ment, 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 COU NTY's staff person who would make the presentation of any settlement reached at mediation to the COUNTY's boarcl for approval. Should either party fall to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Slat. 20.2. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must ba brought in the appropriate fad eral or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 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 of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sea. and regulations relating thereto, as either may be amended, as well as the Florida state law requirements set forth in Florida Statute, §448.095, as 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. [Signature page to follow this page] """Remainder of page intentionally left blank'*"*' Page 15 0£29 PSA_CCNA Single P jecl Agmemen[ 12023_vo-.l] � nV IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller By: By. Date: Chris Hall , Chairman Approved as to Form and Legality: County Attorney Name Consultant's Witnesses: Witness 1 PQ2ch4�,- ! �Y mane ,ant m4w)tT Name and Title Witness ic CAC, Name and Title Consultant: Hardesty & Hanover Construction Services, LLC By: r BQcN OA N 3', O' S H EA Name and Title Page 16 of 29 PSA_CCNA Single Project Agreement [2023 ver.I AO SCHEDULE A SCOPE OF SERVICES following this page <pages � through 18 ) Page 17 of 29 � ``� C� PSA_CCNA Single Projcct Agreement [2023_vo. N Request for Professional Services (RPS) No. 23-5068 "CEI Services for Stan Go6er Memorial bridge Repair/Rehabilitation Project" SCHEUDLE A SCOPE OF SERVICES I.O PURPOSE This scope of services describes and defines the Construction Engineering and Inspection (CEI) 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 Florida Department of Transportation (FDOT) manuals, and procedures. The project For which the services are required is: County Project IDs: 66066.2 Description: CEI Services for Stan Gober Memorial Bridge Repair/Rehabilitation Project (Bridge No. 0301 g4) County: Collier Exercise independent professional judgment in performing. obligations and responsibilities under this Agreement. Pursuant to Section 4.7.4 of the Construction Project 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 respectively and shall be interpreted as such. Services provided by the Consultant shall comply with FDOT's manuals, procedures, and memorandums. Such FDOT manuals, procedures, and memorandums are found on the State Construction Office's website. On a single Construction Contract, it is a conflict of interest Fora 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 Yo 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 of notification. For the duration of the project, coordinate closely with the Division and Contractor to minimize rescheduling of Consultant activities due to construction delays or changes in the scheduling of Contractor activities. Page 1 of 38 Schedule A —Scope of Services O /aO Request for Professional Services (RPS) No. 23-8068 "CEI Services for Stan Gober Memorial Bridge Repair/Rehabilitation Project" For estimating purposes, the Consultant will be allowed an accumulation of thirty (30) calendar days to perform preliminary administrative services prior to The issuance of the Contractor's notice to proceed on the £rst project and thirty (30) calendar days to demobilize after the final acceptance of the Construction Contract. The anticipated letting schedules and construction times for the projects are tabulated below 4.0 Construction Contract Estimate Financial Letting Date Start Date Duration Project ID (Mo/Dav/Yrl (Mo/Dav/Yrl (�Days) 66066.2 TBD TBD 365 A. Agreement: The Professional Services Agreement between the COUNTY and [he 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 for the design and construction performance of work. B. Construction Contract: The written agreement between the COUNTY and the Contractor setting forth the obligations of the parties thereto, including but not limited to the performance o£the work, furnishing of labor and materials, and the basis of payment. C. Construction Project 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. D. Construction Trainine/Qualification Program (CTQP): The FDOT program for training and 9ualifying technicians in Aggregates, Asphalt, Concrete, Earthwork, and Final Estimates Administration. Program information is available at CTQP website. E. Consultant: The Consulting firm under contract to the COUNTY for the administration of ConsVuction Engineering and Inspection services- F. CEI Project Administrator/Project Engineer: The employee assigned by the Consultant to be in charge of providing Consttuction Contract administration services for one or more Construction Projects. G. CEI Senior Project Engineer. The Engineer assigned by the Consultant to be in charge of providing Construction Contract administration For one or more Construction Projects. This person may supervise other Consultant employees and act as the lead Engineer for the Consultant. H. Procurement Contract Manager: The administrative Contract manager at the County's Procurement Office. I. 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. Page 2 of 18 Schedule A —Scope of Services C nn Request for Professional Services jRP$j No. 23-6068 "CEI Servfces for Stan Gober Memorial Bridge Repair/Rehabilitation Proj¢ct" J. Countv's Director of Transoorta[ion Engineerine: The Director of Construction, Engineering, and Traffic Operations. K. Countv's Procurement Director: The Director of the Procurement Services Division. L. County Manager: The Chief Executive Officer appointed by the Board of County Commissioners. M. Engineer of Record: The Engineer noted on the Construction plans as the responsible person for the design and preparation of the plans. N. Community Liaison Officer. The Growth Management Department's employee assigned to manage the Public Information Issues. O. Protect Manager: The Engineer or employee assigned by the County to administer Construction Contracts for the Division. 5.o ZTEMS TO BE FURNISHED BY THE DIVISION TO THE CONSULTANT A. The Division, on an as -needed basis, will furnish the following Construction Contract documents For each project. These documents may be provided in ¢Iectronic Format only. 1. Construction Plans, in Adobe PDF and reproducible in size 1 1" X 17" prints. 2. CADD Files will be provided upon request. 3. Specification Package, in Adobe PDF and reproducible in size 8.Y' X I1" prints. The native file in Microsoft Word if requested. 4. Copy of the Executed Construction Contract, in Adobe PDF and reproducible in size 8.5" X 11"prints. 5. Utility Agency's Agreements and Work schedules (if applicable). 6. Environmental Permits, in Adobe PDF. 6.0 ITEMS FURNISHED BY THE CONSULTANT 6.1 FDOT Documents: All applicable FDOT documents referenced herein shall be a condition of this Agreement. All FDOT documents, directives, procedures, and standard forms are available through the FDOT's Internet website. Most items can be purchased through the following address. All others can be acquired through the District Office or on-line a[ 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 h,_��://www.fdot. eov/construction/ Page 3 of 18 Schedule A —Scope of 5¢rvices C p0 Request for Prof¢sslonal S¢rvic¢s (RPS) No. 23-5068 "CEI S¢rvic¢s for Stan Gob¢r M¢morial Bridge Repair/Rehabilitation Project" 6.2 Offlc¢ Automation: Provide all software 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 control (such as, Microsoft Project, 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 Tech noloev: 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 emails, portals, or web site, and at other times hard copies will be expected and accepted. Ownership end possession of computer equipment and related software, which is provided by the Consultant, shall always romain with the Consultant. The Consultant shall retain responsibility for the risk of loss or damage to said equipment during the performance of this Agreement. Field office equipment should always be maintained and operational. Current technical specifications for office automation can be viewed at: htto�//www.fdot aov/Constmction/DesienBuild/ConsultantCHl/OfYiccAutomationshtm 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 office must have at a minimum the following items to support the project: Office space within the desired radius of the project for the duration 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 "Field Office expenses," and shall also be listed as such on invoices submitted to the County for payment. 6.4 Vehicles• Vehicles will be equipped with appropriate safety equipment and must be able to effectively carry out the requirements of this Agreement. Vehicles shall have [he name and phone number of the consulting firm visibly displayed on both sides of the vehicle. 6.5 Fi¢Id Ec uioment: Supply survey, inspection, and testing equipment essential to perform services under this Page 4 of 38 Schedule A —Scope of Services O,hO Request for Professional Services (RPS) No. 23-R068 "CEI Services for Stan Gober Memorial Bridg¢ Repair/Reha bil itaYlon Project" Agreement; such equipment includes non -consumable and non -expendable items. Hard hats shall have the name of the consulting firm visibly displayed. Equipment described herein and expendable materials under this Agreement will remain the property of the Consultant and shall be removed at the 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 the performance of this Agreement. Fietd office equipment shall always be maintained and in operational condition. 6.6 Licensine for Eauioment 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 License for use of Surface Moisture Density Gauges shall be obtained through The State of Florida Department of Health. 7.0 LI AiSON RTSPONSIBILITY OF THE CONSULTANT For the duration of the Agreement, keep the Division's Construction Project Manager in Responsible Charge informed of all signiFcant 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 of 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. g.0 PERFORMANCE OF THE CONSULTANT During the term o£ Chis 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 dePciencies. 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 of notification. Page 5 of 18 Schedule A —Scope of Services CAL7 R¢q uest for Professional Services (RPS) No. 23-8068 "CEI Services for Stan Gober Memorial Bridge Repair/Rehabilitation Project" B. Immediately replace personnel whose performance has been determined by the Consultant and/or the Division to be inadequate. 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 of training of the Consultant personnel. 9.0 REQUIREMENTS OF THE CONSULTANT 9.3 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, specifications, and special provisions for 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 xnd direct all issues, which exceed delegated authority to the Construction Project Manager For Division action or direction. Inform the designated Division project personnel of any significant omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action that has been directed to be performed by the Contractor. 9.2 Su rvev Control: Check or establish the survey control baselines) along with sufficient baseline connvl points and benchmarks 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 cross-section surveys of the project site in those areas where earthwork may exist (i.e., embankment, excavation, subsoil excavation, ate.) is part o£thc construction project, and (3) perform 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 for 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 signifcant 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 ]0.6, Underwater Bridge Construction Inspection. Monitor and inspect Contractor's Work Zone Traffic Control Plan end 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 qualiFed in Page 6 of 1g Schedule A— Scop¢ of Services CAO R¢q ues[ for Professional Services (RPS) No. 23-8068 "CEI Services For Stan Gob¢r Memorial Bridge Repalr/Rehabilitation Project" accordance with the FDOT's procedures. 9.4 Samoline and Testine: Perform sampling and testing of component materials and completed work in accordance with the Construction Contract documents. The minimum sampling frequencies set out in the FDOT's Materials Sampling, Testing and Reporting Guide shall be met. In complying with the aforementioned guide, provide daily surveillance of the Contractor's Quality Control activities and perform the sampling and testing of materials and completed work items for verifcation and acceptance. The Consultant shall also perform inspection and sampling of materials and components at locations remote from the project site and testing of materials normally done in a laboratory remote From the project site. Determine the acceptability of all materials and completed work items based on either test results or verification of a certification, certiFed mill analysis, 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 be submitted during the same week that the construction work is done. Transport samples to be tested to the appropriate laboratory that meets the FDOT standards. Supply CTQP (Construction Training Qualification Program) qualified technicians for concrete inspection. Supply CTQP-qualified Asphalt Paving and Plant Technicians For asphalt inspection. Supply CTQP-qualiFed Earthwork Construction Inspection Technicians for embankmenq pipe backfil 1, subgrade, base, and asphalt inspection as needed. 9.5 �nein¢erin¢ Services: Coordinate the Construction Contract administration activities ofall parties other than the Contractor involved in completing the construction project. Notwithstanding the above, the Consultant is not liable to the Division for the failure of such parties to follow the written direction issued by the Consultant. Services shall include maintaining the required level of surveillance of Contractor activities, interpreting plans, specifications, and special provisions for the Construction Contract Maintain complete, accurate records of all activities and events relating to the project and properly document all project changes. The following services shall be performed: (1) Attend apre-service meeting for the Agreement within ten (1 O) business days after the notice -to -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 acopy/computer file of the final negotiated staffing. The Consultant shall record a complete and concise Page 7 of 18 Schedule A —Scope of Services C:L�t� Request for Professional 5¢rvic¢s (RPS) No. 23-8068 "CEI Services for Stan Gober Memorial Bridge Repair/Rehabilitation Project" record of [he proceedings of the meeting end distribute copies of these minutes to the participants and other interested parties within seven (7) days of the meeting date. (2) Prepare and submit to the Construction Project Manager for approval, within thirty (30) days after the pre- service meeting, a copy of the project - specific Consultant Contract administration documents listed below (Adobe PDF f[e 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 Contract Status Repoli, or other approved fund tracking report iii. CEI Consultant Firm estimated staffing (completed in accordance with the original Consultant Contract Agreement) iv. CEI Consultant Data (3) Schedule, attend and conduct aPre-construction Conference in accordance with Article 8-3.5 of the FDOT Standard Specification for Road and Bridge Construction. The purpose of this meeting is to discuss the required documentation, including as-builts, necessary for permits) 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 for the duration of the contract. (4) Verify that the Contractor is conducting inspections, preparing reports, and monitoring all stormwater 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 inspector will be familiar with the requirements set forth in the FEDERAL REGISTER, Vol. 57, No. 187, Friday, September 5, 1992, pages 4412 to 4435 '•Final NPDES General Permits for Storm Water Discharges from Construction Sites" and the Division's guidelines. (5) Analyze the Contractor's schedules) (i.e., baseline(s), revised baseline(s), updates, as -built, etc.) for 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 using Microsoft Project to identify significant omissions, improbable or unreasonable activity durations, errors in logic, and any other concerns as detailed in CPAM. (G) Analyzc problems that arise on a project and proposals submitted by the Contractor; work to resolve such issues and process the necessary Page 8 of 18 Schedule A —Scope of Services `n0 Request for Professional Services (RPS) No. 23-8068 "CEI Services for Stan Gober Memorial Bridge Repair/Rehabilitation Project" paperwork. (7) Monitor, inspect, and document utility relocation self -performed by the Contractor, as needed, 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 Identify potential utility conflicts and assist in the resolution of utility issues including County and Privately -owned facilities. (g) Produce reports, verify quantity calculations, and field measures £or payment purposes as needed to prevent delays in Contractor operations and to facilitate prompt processing of such information for the County to make timely payment to the Contractor. (9) 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. (10) 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 emaifs, telephone calls, etc. Coordinate public information meetings, open houses, and community meetings as directed by the Division's representatives. (11) Prepare and submit to the Construction Project Manager monthly, a Construction Status Report, in a Format to be approved by the Division. (12) Videotape the pre -construction conditions throughout the project limits. Provide a digital photo log or video of project activities, with a heavy emphasis on potential claim items/issues and on areas of real/potential public controversy. (13) Provide a digital camera for photographic documentation of the pre - construction state and of noteworthy incidents or events during construction. These photographs will be £led and maintained on the Consultant's computer using a digital photo management system. Photographs shall be taken the day prior to the start of construction and continue as needed throughout the project. Photographs shall be taken on the days of Substantial, Partial, and Final Acceptance. Provide visual documentation ofthe Project through the periodic collection Page 9 of 38 Schedule A —Scope of Services C Ai) Request for Professional 5¢rvices (RPS) No. 23-8668 "CEI Services for Stan Gober Memorial Bridge Repair/Rehabllitatfon Project" of a set of 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 other project data including daily reports of construction and scheduling updates. Photographic data files comprising 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 photogmphic data files are to be supplied For everyday reFerence purposes and comprise copies of each original photographic data Fle, which have been processed to a reduced pixel and color resolution (size and clarity) £or distribution via CD-ROM and the Internet. The access and display system should be comprised of a series of HTML files (web pages) that allow a user to view each photographic data file at random, end in a sequence, which simulates the visual experience of a viewer moving through the actual Project from one photographic station tc the next. The original photographic data Fles, working photographic data £les, and access and display system are to be distributed on CD ROM and portable haM 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 prequaliFed/competent personnel necessary to efficiently and effectively carry out its responsibilities under this Agreement. The. 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 of the contract. 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/Proj act Engineer, Contract Support Specialist, and Assistant or Associate to any of these positions. 10.2 Person n¢I Qualifications: Provide competent personnel qualiFed by experience and education. Submit to the Construction Project Manager the names of personnel proposed for assignment [o the project, including a detailed Page 10 of 18 Schedule A —Scope of Services C AO Request for Professional Services (RPSj No. 23-8068 "CEI Services for Stan Ggber Memorial bridge Repair/Rehabilitation Project" resume for each containing at a minimum: salary, education, and experience. The Consultant Action Request form for personnel approval shall be submitted to the Construction Project Manager at least two weeks prior to the date an individual is to report to work. Personnel identiFed in [he Consultant technical proposal are to be assigned es proposed and are committed to performing 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 of Division notification. Before the project begins, all project staff shall have a working knowledge of the current CPAM and must possess all the necessary qualifications/certiFcations for fulfilling the duties ofthe 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 Oftice website £or training dates. Minimum qualifications £or 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 of a Senior Project Engineer or an Inspector working under the supervision and direction o£a Senior Inspector shall have six months from the date of hire to obtain the necessary qualiFcations/certifications provided all other requirements for such positions arc met and the Consultant submits a training plan detailing when such qualifications/certifications and other training relative to the Division's procedures, SpeciFcations and Standard Plans will be obtained. The Division Construction Engineer or designee will have the final approval authority on such exceptions. CEI SENIOR PROJECT ENGINEER - A Civil Engineering degree and registered in the State of Florida as a Professional Engineer (or i£registered in another state, the ability to obtain registration in the State ofFloride 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 o£maj or bridge construction], or for non-degreed personnel the aforementioned registration and ten (I O) years of engineering experience (two (2) years of which are in major road or bridge construction). Qualifications include the ability to communicate eti'ectively 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 programs for conformance with FDOT standards. Also, must have the Following: OUALI FICATIONS: Attend the CTQP Quality Control Manager course and pass the examination. CERTIFICATIONS: FDOT Advanced MOT OTHER: 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 (I) year of engineering experience. Page 31 of 18 Schedule A —Scope of Services C An Request for Professional Services (RPS) No. 23-g068 "CEI Services for Stan Gober Memorial Bridge Repair/Rehabilitation Project" CEI PROJECT ADMINISTRATOR/PROJECT ENGINEER - A Civil Engineering degree plus two <2) years of engineering experience in the construction of major road or bridge structures, or for non-dcgreed personnel eight (g) years of responsible and related engineering experience, two (2) years of which involved the construction of major road or bridge structures with the exception of Complex Category 2 (CC2) bridge structures. As an exception, only one (1) year of PTS bridge experience will be required for registered project administrators and two (2) years of PTS bridge experience for non -registered project administrators. Post -tensioning experience is not required for precast prestressed concrete flat slab superstructures, but successful completion of an FDOT- accredited grouting and post -tensioning course is required. To be in primary control, a Project Administrator must have supervised two or more inspectors as well as two or more support staff (Office Manager, Resident Compliance Specialist, and Secretary) and must have been directly responsible for all CEI scrvices assigned. CPTS years of experience must have included a minimum of twelve (12) months experience in each of the following areas: (1) casting yard operations and related surveying; (2) scgment erection end related surveying, post -tensioning (P'17 of tendons and grouting o£ presn�essing steel. CPTCB's years of experience must include monitoring of the following: girder erection, safe use of girder erection cranes, stabilization of girders after erection, false work for temporary girder support, and PT and grouting operations. PTS years of experience muss 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 CPTS or CPTCB bridges. MB 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 of work 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 [fie construction project duration. Must have the following: OIJALIFICATIDN9: CTQP Final Estimates Level II FOOT Advanccd MOT OTHER: Attend CTQP Quality Control Manager Course and pass the examination 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 (i) year of engineering experience CEI ASSISTANT PROJECT ADMINISTRATOR/PROJECT ENGINEER — A Civil Engineering degree plus one (1) year of engineering experience in the construction of major road or bridge sri'uctures, or for non-dcgreed personnel. six (6) years of responsible and related engineering experience, two (2) ycars of which involved the construction of maj or road or bridge structures with the exception of Complex Category 2 (CC2) bridge structures. Page 12 of 1S Schedule A —Scope of Services (:T O Request for Prof¢ssional S¢rvic¢5 (RPSJ No. 23-8068 "CEI Services For Stan Gober Memorial Bridge Repair/Rehabilitation Protect" QUALIFICATIONS: CTQP Final Estimates Level 11 CERTIFICATIONS: FDOT Intettned isle MOT CEI CONTRACT SUPPORT SPECIALIST - A High Schoot diploma 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 CertiFcation (MAC) System, progress and Fnal estimates, EEO compliance, ptocessing 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 ofthe project. Should be familiar 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 -Heavy Construction Edition (HCE) or approved surfacc-to-surface comparison software end Engineering Menu. QUALIFICATIONS: CTQP Final Estimates Level II CEI ASSOCIATE CONTRACT SUPPORT SPECIALIST -High 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 CertiFcation (MAC) System, progress and final estimates, EEO compliance, processing Construction Contract changes, etc.). Experienced in the use of standard word processing software. Should exercise independent initiative to help relieve [he 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 supervision of the Senior Project Engineer and staff. QUALIFICATIONS: CTQP Final Estimates Level I CEI SENIOR INSPECTOR/SENIOR ENGINEER INTERN — High school graduate or equivalent plus four (4) years of experience in construction inspection, two (2) years of which shall have been in bridge and/or roadway construction inspection with the exception of Complex Category 2 (CC2) bridge structures or a Civil Engineering degree and one (1) year of road .$ bridge CEI experience with the ability to earn additional required qualifications within one year. (Note: Senior Engineer intern classification requires one (I) 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. CPTS years of experience must have included a minimum of twelve (12) months of inspection experience in one or bath of the following depending on which area the inspector is being approved Page 13 of 18 Schedule A —Scope of Services 1;A0 Request for Professional Services (RPS) No. 23-8068 "CEI Servlces for Stan Gober Mem orlal Bridge Repair/Rehabilitation Project" £or: (1) casting yard inspection; (2) erection inspection. In addition, two (2) years of geometry - control surveying experience is required for inspectors that perform or monitor geomctry-control surveying in a casting yard. CPTCB's years of experience must include monitoring and inspection of the following: girder erection, safe use of girder erection cranes, girder stabilization after erection, false work For temporary girder support, and PT and grouting operations. PTS years of experience must include monitoring of the following: installation of PT ducts end related hardware and post -tensioning and grouting of strands or be the level of experience that mects the criteria for CPTS or CPTCB bridges. SIB years of experience must have included the inspection of MB mechanical components for machinery inspectors and MB electrical components/systems For electrical inspectors. Must have the following as roquired by the scope of work for the project: QUALIFICATIONS: • CTQP Concrete Field Technician Level [ CTQP Concrete Field Inspector Level II (Bridges) • CTQP Asphalt Roadway Level [ • CTQP Asphalt Roadway Level II • CTQP Earthwork Construction Inspection Level I • CTQP Earthwork Construction Inspection Level II • CTQP Pile Driving Inspection • CTQP Drilled Shaft Inspection (required for inspection of all drilled shafts including miscellaneous structures such as sign structures, lighting structures, and traffic signal structures) • CTQP Grouting Technician Leve] I • CTQP Post -Tensioning Technician Level I IMSA Traffic Signal Inspector Levcl I • CTQP Final Estimates Level I CERTIFICATIONS: • FDOT Intermediate MOT • Nucicar Radiation Safety • IMSA Traffic Signal Inspector LevelI OTHER: Complete the Critical Structures Construction Issues, Salf--Study Course, and submit the mandatory Certification of Course Completion form (for structures projects) Responsible £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 for coordinating and managing the lower-Icvel inspectors. Work is performed under the general supervision of the Project Administrator. CEI INSPECTOR/ENGINEER INTERN -High school graduate or equivalent plus two (2) years of experience in construction inspection, one (I) year of which shall have been in bridge and/or Page 14 of 18 Schedule A —Scope of Services t ;PCB Request for Professional Services (RPS) No. 23-8065 "CEI Services for Stan Gober Memorial Bridge Repair/Rehabilitation Project' roadway construction inspection, or an Engineer Intern with a Civil Engineering degree (requires certificate) having the ability to earn the required qualiFcations and certifications within one year, plus demonstrated knowledge in the following: Must have the following as required by the scope of work ofthe project: O UALI FI CATI ONS: CTQP Concrete Field Inspector Level I • CTQP Asphalt Roadway Level I CTQP Earthwork Construction Inspection Level I • CTQP Pile Driving Inspection • CTQP Drilled Shaft Inspection (required for inspection of all drilled shafts including miscellaneous structures such as sign structw�es, lighting structures, and traffic signal structures) IMSA TrafFc Signal Inspector Levei I • CTQP Final Estimates Level I CERTIFICATIONS: • FDOT Intermediate MOT Nuclear Radiation Safety • IMSA Traftic Signal Inspector Level I • Florida Stormwateq 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 of 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) year experience in the surveillance and inspection of hot mix asphalt plant operations or g0 hours working under an approved and qualified asphalt plant inspector at the asphalt plant and have the Following: QUALIFICATIONS: CTQP Asphalt Plant Level I CTQP Asphalt Plant Level II CEI INSPECTORS AIDE - High School graduate or equivalent and able to perfotm basic mathematical calculations and follow simple technical instructions. Duties are to assist higher -level inspectors. Must obtain FDOT Intermediate MOT within the first six months of the assignment. CEI SURVEY PARTY CHIEF - High School graduate plus four years of experience in construction surveying (including two (2) years as Party Chief). Experienced in field engineering and construction layout, making end checking survey computations, and supervising a survey party. Work is perFormed under the general supervision of the Project Administrator. Page 15 of 16 Schedule A —Scope of Services Cho Req ues[ for Professional Services (RPSJ No. 23-8068 "CEI Services for Stan Gober Memorial Bridg¢ Repair/R¢habilitation ProjecK" 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 Chief in the performance of their duties. Receives general supervision fl�om Party Chief who reviews work while in progress. CEI ROD-PERSON/CHAIN PERSON -High school graduate with some survey experience or training preferred. Receives supervision from and assists Party Chief who reviews work while in progress. CEI SECRETARY/CLERK TYPIST- High school graduate or equivalent plus two (2) years of secretarial and/or clerical experience. Ability to type at a rate of 35 corroct words per minute. Experienced in the use of standard word processing software.- Should exercise independent initiative [o help relieve the supervisor of clerical detail. Work under the general supervision of the Senior Project Engineer and staff. 10.3 Staftina• Once authorized, the Consultant shall establish and maintain appropriate staffing throughout the duration of construction and completion of the Fnal 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 will reduce its staff appropriately. If the suspension of Contractor operations requires the removal of Consultant forces from the project, the Consultant will be allowed ten (1 O) days maximum to demobilize, relocate, or terminate such forces. 11.0 QUALITY ASSURANCE (OAl PROGRAM 11.1 Quality Assurance Plan: Within thirty (30) days after receiving award of an Agreement, furnish a QA Plan to the Constmction Project Manager. The QA Plan shall detail the procedures, evaluation criteria, and instructions of the Consultant's organization for providing services pursuant [o this Agreement. Unless speciFcally 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 shalt be the responsibility of the Consultant to keep the plan current with the work requirements. The Plan shall include, but not be limited to, the following areas: A. Organizat:on: A description is required of the Consultant QA Organization and its functional 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 well as the names and qual:Fcations ofpersonnel in the quality control organization. B. Oual:ty Assurance Reviews: Detail the methods used to monitor and achieve organization compliance with Agreement requirements for services and products. Page 16 of 18 Sch¢dul¢ A —Scope of Services C /�O Request for Professional Services ARP$) No. 23-81168 "CEI Services for Stan Gober Memorial Bridge Repair/Rehabilitation Project" C. Ouaiiri 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: Detail the methods used to control subconsu pant and vendor quality. E. Oualiri Assurance Certification: An ofFcer of the Consultant firm shall certify that the inspection and documentation was done in accordance with FDOT specifications, plans, standard indexes, and FDOT procedures. 11.2 Ovaliri Assurance Reviewa: Conduct semi-annual Quality Assurance Reviews to ensure compliance with the requirements of the Agreement. Quality Assurance Aev iews shall be conducted to evaluate the adequacy of materials, processes, documentation, procedures, training, guidance, and staf£ng 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 be submitted to the Construction Project Manager in written form no later than one (I) 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 CCEI shall perform an initial QA review on its asphalt inspection staff after the Contractor has completed tan (I O) full workdays of mainline asphalt paving operations, or 25 % of the asphalt pay item amount (whichever is less) to validate that all sampling, testing, inspection, and documentation are occurring as required of the CCEI staff. 11.3 Ouatiri 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 available 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 Plans 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 Estimates) and one (1) set of final "as -built plans" documenting the Contractor's work in accordance with CPAM. Revisions to the Certified Final Estimate will be made at no additional cost to the County. Page 17 of 18 Schedule A — Scope of Services ,ni � Request for Prof¢ssianal Services (RPS) No. 23-8068 "CEI Services for Stan Gober Memorial Bridge Repair/Rehabilitation Protect" 12.2 C¢rtification: Consultant personnel preparing the Certified Final Estimate Package shall be CTQP Final Estimates Level II. 12.3 Duly authorized representative of the Consultant Frm will provide a notarized certification on a Form pursuant to FDOT's procedures. 12.4 Offer of Final Payment: Prepare the Offer of Final Payment package as outlined in CPAM. The package shall accompany the Certified Final Estimates Package submitted to the Construction Project Menager For review. The Consultant shall be responsible £or forwarding the Offer of Final Payment Package to the Contractor. Page 18 of 18 Schedule A —Scope of Services C q0 SCHEDULE B BASIS OF COMPENSATION 1. MONTHLY STATUS REPORTS B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the COUNTY es part of its monthly invoice a progress report reflecting the Project status, in farms 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 com plats 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 bean com plated or partially completed to the COUNTV's reasonable satisfaction. Lump sum payments will be made upon the percentage complete. In no event shall such Times and Materials compensation exceed the amounts sat forth in the table below. TasKs/Itam Description Lump Sum Times and Matarlals Not -To -Exceed 1 CEI $ $555,282.75 2 Underwater Inspections $ $40,391.64 3 Malarial Testing $ $2,000.00 4 Survey $ $3,000.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Lump Sum Fee Total Time and Materials Fee $ $ 600,674.39 GRAND TOTAL FEE $600,674.39 Pages 1S o£29 PSA_CCNA SingleP jec[Agmcment [2023_vcr.l]�nO B.2.2. 0' Time and Material Fees: The fees noted in Section 6.2.1. shall constitute the amounts to be paid to CONSULTANT for the pertormance of the Basic Services. Oiract Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CO NSULTANT's personnel, with respect to this Project, including all indirect payroll related costs and Tringa 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 CONS ULTANT's monthly billings, on a cumulative basis, exceed the sum determined by mutt(plying the applicable not to exceed tasks) limits by the percentage the COUNTY has determined CONSULTANT has com plated such task as of that particular monthly billing. 8-2.3- 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 pertormance of Basic Services and Additional Services during the subject billing month. 6.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the COUNTY agrees to pay CONSULTANT a nag otiatad total fee and Reimbursable Expanses based on the services to be provided and as sat forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attach mant 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. Thera shall ba no overtime pay on Additional Services without the COUNTY's prior written approval. 6.2.5. Tha compensation provided for under Section B.2.1 of this Schad ule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be pertormed under the provisions of this Agreement, and shall include the cost of all mataria ls, aq uipmant, supplies and out-of-pocket expenses incurred in the partormanca of all such services. 6.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services pertormad under this Agreement, CONSULTANT shall continua to perform the Services req uiretl 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 par month for all fees earned that month for both Basic Services and Additional Services. Invoices shall ba reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the COUNTY. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the data 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 "lachas" as untimely submitted. Times shall ba deemed of the essence with respect to the timely submission of invoices under this Agreement. 6.3.2. 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 Page 19 0£29 PSA_CCNA Singlc P jcc[ Agreement R023_vet ❑ `J An CONSU LTANT's letterhead and must include the Purchase Order Number and Project Hama and shall not be submitted more than one time monthly. 6.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hareina bova and for reimbursable expenses will ba made monthly upon presentation of a detailed invoice with supporting tl ocumantation. 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 ba uti lizad by CONSULTANT for this Agreement or Additional Services, CONSULTANT shall be Il mited to a maximum markup of five percent (5%) on the fees and expanses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stet., or as sat forth in the Agreement, ba charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1 .2. Travel expanses reasonably and necessarily incu rrad with respect to Project ral sled trips, to the extant such trips are approved by the COUNTY. Such expanses, if approved by the COUNTY, may include coach airtara, standard accommodations and meals, ail in accordance with §112.061, Fla. Stet. Further, such expenses, if approved by the COUNTY, may include mileage for trips that era from/to destinations outside of Collier or Lea Counties. Such trips w(thin Collier and Lea Counties era expressly excluded. 6.3.4.1.3. Permit Feas 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. 6.3.4.1 .6. Expense of models for the County's use. B.3.4.1.6. Other items on req uast and approved in writing by the COUNTY. B.3.4.1.7. Tha CONSULTANT shall bear and pay all overhead and other expanses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. B.3.4.1.8. Records of Reimbursable Expanses shall be kept on a generally recognized accounting basis. 6.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring any reimbursable expanses, and absent such prior approval, no expenses incurred by CONSULTANT will ba deemed to ba a raim bursable expanse. [ENO OF SCHEDULE B] Page 20 of 29 PSA CCNA Sin81e PraJect ASreemenl R023_ver. q I �:�+Cl SC REDUCE B —ATTACHMENT 'I CONSULTANT'S HOURLY RATE SCHEDULE The above hourly rates are applicable to Time and Materials tasks) 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 Prolacts. the above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. Page 2l of 29 PSA_CCNA Single Project Agreement f2023_vecq C, n�7 SCHEDULE C PROJECT MILESTONE SCHEDULE Task/It¢m Descriotion Number of Calendar Days For Com nletion of TasK from Date of Notic¢ to Proceed 1 CEI 425 2 Underwater Inspection 425 3 Material Testing 425 4 Survey 425 Pege 22 of 29 PSA CCNA Singlc Project Agreement [2023_ver.l] �; AU 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 ratantio ns or detl uctibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be CONSU LTANT'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 data 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 ba filed with the COUNTY within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required he reu ntler. 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 can celad 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 man nar, 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 ins uran ca 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 bean satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the su bconsultant'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. 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 Pege 23 of 29 PSA_CCNA Single P ject Agrcemcnt [2023_ver. q � . 1L� purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. Tha 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. 9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the COUNTY, in triplicate, renewal or replacement Certificates) 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 certificata(s) shall ba deemed a material breach by CONSULTANT and the COUNTY may terminate the Agreement for cause. Sections checked (�) are required by this Agreement. 10. 0 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. 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 a ndorsed. �-1- o A-2- 0 a(Jor,as-AGE)--shall-ba -^-�.. '�_a-;: - � _'a£ion-et twe ••�e - - � I�er " 13. � COMMERCIAL GENERAL LIABILITY. A. Commercial General Liability Insur�nca, written on an "occurrence" basis, shall ba maintained by the CONSULTANT. Coverage will include, but not ba limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Protlu cts 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 lass 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 en dorsetl 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 dad uctibles or self -insured retentions shall be the sole responsib llity 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. Page 24 of 29 PSA—CCNA Singe Pmjec[ Agreement [3023_vecl] C � n_�7 14. Collier County Board of County Commissioners 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. ag- o �a - -_- - - - 4fr. O,-...-ovo�� �.00itiEy, •��:age :.,,a e�the 17. 0 BUSINESS AUTOMOBILE LIABILITY INSURANCE. Coverage shall have minimum limits of $ 1.000.000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Oamaga Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -The ownership. �. o aH: o ga.-she 9aeuFrenae- o basis- B. - - � �- ---•- - --•__a __ ._ .�_ _u_......... � .�� - insaifa+�ae. ' 21. 0 PROFESSIONAL LIABILITY INSURANCE. 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. wed uctib le 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 6y the COUNTY. O. The policy retroactive date will always be prior to the date services were first pertormetl 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 Pages 25 of 29 PSA_CCNA Sin6ie Proje<I Agreement 12023—ver. �' P.CI 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 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 tc 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 ag reas to use its best efforts in cooperation with the COUNTY and the COU NTY's insurance representative, to pursue the maximum credit available from the professional liability carrier fora reduction in the premium of CONSULTANT's professional liability policy. If no credit is available from CONSU LTANT'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: �. 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 en individual project policy. 6. 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 ba insured will be notified and the COUNTY will provide professional liability insurance, naming CONSULTANT and its professional subconsulta nts as named insureds. [END OF SCHEDULE O] Page 26 of 29 PSA_CCNA Single Project Agrcemem I2023_ver.l] � n,( 1 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 Stan Gober Memorial Bridge Repair/Rehabilitation Pro'ect "project" is accurate, complete and current as of the time of contracting. BY: TITLE: P'�1N�c�*'PrL (P--,WAGt/3 G M C-Ml6>v R, DATE: a ^ °` `� 16 a Page 27 of 29 PSA_CCNA Single Project Agreement [2023 ver.11 SCHEDULE F KEY PERSONNEL Pages 28 of 29 PSA_CCNA Single Protect Agreement [2023_ver. q SCHEDULE G Other: (Oescriptlon)� Q following this page (pages through � 0 this schedule is not applicable Page 29 of 29 PSA_CCNA Single Pr jecl Agmcmen[ [2023_vCc q Ln0