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#08-5130 (CME Associates, Inc.) Contract 08-5130 Design and Related Services for Development of Accelerated Bridge Construction Standards and Pilot Bridge Construction PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this i ~i~ay of Met) .200~, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and CME Associates, Inc., authorized to do business in the State of Florida, whose business address is 333 East River Drive., Suite 400, East Hartford, CT 06108 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, the OWNER desires to obtain the professional Design Consulting services of the CONSULTANT concerning Design and Related Services for Development of Accelerated Bridge Construction Standards and Pilot Bridge Construction (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Design Consulting services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to OWNER. 1.5. CONSULTANT designates P. Bradford Cheney, P.E., L.S., a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating 2 to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 3 1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to Consultant's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The County may also deduct or charge the Consultant for services and/or items necessary to correct the deficiencies directly related to the Consultant's non-performance whether or not the County obtained substitute performance. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc), and adhere to industry standard CAD specifications. 4 ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to this Agreement prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 5 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. 2.3 Providing renderings or models for OWNER'S use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 6 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance In consultations which are included as part of the Basic Services to be provided herein). 2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; 7 (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after 8 commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be 9 deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the Project following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. 10 ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 11 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or self-insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER applicable to this Project. 9.3.4. The Certificates of Insurance, which are to be provided in the form attached as Attachment I to Schedule D, must identify the specific Project name, as well as the site location and address (if any). 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. 12 ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. 13 Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other 14 codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control. 15 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. 16 ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. 17 ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners, Collier County Florida Purchasing Department, Building H 3301 Tamiami Trail East Naples, FI. 34112 Attention: Stephen Y. Carnell, Purchasing/General Services Director Fax: 239-732-0844 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: CME Associates, Inc. 333 East River Drive, Suite 400, East Hartford, CT 06108 Attn: P. Bradford Cheney, P.E., L.S., President/CEO Telephone: 860-290-4100 Fax: 860-290-4114 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. 18 ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable In whole or In part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 19 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is 20 executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through 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 21 by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 21 IMMIGRATION LAW COMPLIANCE 21.1 By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. .0 .0 .0 .0 .0 .0 .0 .0 .0 22 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Design and Related Services for Development of Accelerated Bridge Construction Standards and Pilot Bridge Construction the day and year first written above. ATTEST: "-f BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, 4~d~ By: Donna Fiala, Chairman , ~E. Brqck;Cletk ,.:.. - '4 I . -}: Approved as to form and t:ur~/~ L Assi5tMtt County Attorney l)~)?~~ CME Associates, Inc. \~~ Witness BY:~~~ CO, ., Kasey Silva, Marketing Mngr Typed Name and Title . . /;1/ ' ./ ~~Pft~J~~ P Rr~nfnrn rhpnpy, PrPRident Typed Name and Title Giuseppina Leone, Snr. Administrator Typed Name and Title 23 Schedule A Scope of Services 1) Introduction/Overview This scope of services is for the second phase of the development of accelerated bridge construction standards. The anticipated contract term for Phase II shall be for a period not to exceed eight (8) months. 2) Purpose The purpose is to implement a bridge reconstruction/replacement program utilizing prefabricated bridge elements and systems that will facilitate reduced onsite construction time, reduce traffic and environmental impact, possibly lower first and life-cycle costs, improve worker and vehicle safety and enhance the quality of the constructed bridge by minimizing future repairs. Collier County would like to make accelerated bridge construction standard practice in the execution of its bridge program. The County plans to develop standard bridge designs that can be used for the replacement of multiple bridges in Collier County utilizing Accelerated Bridge Construction (ABC) techniques. These standard designs would include prefabricated elements of the superstructure system that will be applicable to the majority of the County's bridges that are two-lane, four-lane and six- lane. Consideration will be given to using precast concrete substructure units including intermediate/end bents caps and wingwalls. It is not anticipated having one standard design but rather several to address differing system requirements and site conditions. The development of standard bridge designs will be undertaken in a future phase and will be based on the details developed for the two subject bridges. The intent of this phase is to develop details for the two bridges with an eye on future ABC standards. A-I SCOPE OF SERVICES Phase II - Pilot Bridge Project Design & Related Services for White Boulevard (Replacement) and 23rd Street SW Bridge (New) Executive Summary: Description: Work in this phase will cover the development of Accelerated Bridge Construction details as part of the design of the White Boulevard Bridge (replacement) and the 23rd Street SW Bridge (new). The details will include precast prestressed concrete beams, precast substructure elements. Prestressed Precast Girders A review of the inventory of bridge in Collier County shows that the vast majority of bridges are multiple span bridges with relatively short spans. Over 90 percent of the existing bridge inventory has spans less than 50 feet. The development of prestressed should be consistent with this inventory. CME will investigate prestressed girder types used throughout the region and country used for Accelerated Bridge Construction. Primary consideration will be given to precast prestressed concrete double tee beams as a standard. Double tee beams offer a number of advantages over spread I-beams and bulb Tees: . No deck forming required . No deck form stripping required . Easy to fabricate . Fewer elements to handle . Easy to construct . Lower cost per square foot of bridge . Do not require cross frames There are a few disadvantages to the use of double tee beams when compared to I-beams: . Heavier section to transport and erect . Limited span range capabilities The proposed maximum span range for Collier County bridges is 70 feet based on proposed canal cross sections provided by Big Cypress Basin. This is well within the reasonable span range for double tee beams. Transportation and erection limitations will be identified by CME. The followin will be the basis for the desi ns: Element Desi n Criteria Concrete strength Select one strength for all standards Parapets/railin s Use a standard Florida parapet Wearing Surface Use Bituminous concrete with a waterproofin membrane Skew Zero skew (square) A-2 Piers and abutments The majority of bridges in Collier County are waterway crossings. The pier and abutment type of choice is most likely a concrete pile bent. Additional design criteria: Design Specification: AASHTO LRFD Bridge Design Specifications - 4th Edition CADD Platform: Bentley Microstation V8 Specifications: Collier County Specification Format prepared in WORD Project Unknowns: In order to develop standards, many details and products will need to be investigated for use on Collier County bridges and structures. Initial thoughts on various components are listed in this document; however it is inevitable that the final products may vary as decisions are made during the process. The final components will be developed during the preparation of the Bridge Development Report. This should have little effect on the overall project costs. Biddinq Services and Construction Inspection: Bidding services will be included in this contract. Post design services will also be included in this contract. Construction inspection (CI) will not be included in this contract. If required, this can negotiated at a later date. Plan Reviews and Process: It is assumed that the County will be the main source of reviews for the two bridges. The development of accelerated construction details will not be in accordance with Florida DOT standards, since none exist. If acceptance of the new ABC details by FDOT is required, the fees in this proposal may need to be adjusted. Fee Type: The fee for this project will be a negotiated lump sum for design services (Tasks 1-6: pre-construction), and time and materials, not to exceed for post-design services (bidding services and support during construction). A-3 Work Plan: All design calculations used for the development of standards will be cataloged in a project calculation book and submitted to the county at each phase of the project. PRE-CONSTRUCTION ACTIVITIES Task 1: Preliminary Engineering and Surveying (Lump Sum) This task will involve the preliminary engineerin~ required to establish the bridge layout criteria for the White Boulevard Bridge and the 23r Street SW Bridge. Part of this task will include a study of the existing bridge inventory. Consideration will be given to proposed cross sections developed for locations in the E951 Horizon Study. The goal is to identify potential similarities to the proposed replacement and construction of the two bridges in this assignment. It may be possible to make the White Boulevard and 23rd Street SW bridges templates that will work for a number of different locations in the County. This scope is based on a review of approximately 12 other bridge sites. The anticipated work for this task is as follows: a. Kick-off meeting: Meet with county staff to review the goals for the project . Roadway and Bridge Cross Section . Design limits . Structure types · Long term planning - Review of E951 Horizon Study and identify the potential bridges for the study b. Investigation of E951 Horizon Study Sites · Visit the sites to review and document the existing conditions (photographs) · Obtain head loss criteria for each canal and specific location as provided by SFWMD (No new hydraulic calculations are proposed). · Determine span length requirements and hydraulic limitations for each site. c. Environmental Assessment (White Boulevard and 23rd Street SW only) · Conduct field work to map vegetation communities per Florida Land Use, Cover and Forms Classification System (FLUCFCS). Prepare FLUCFCS map in AutoCAD Map 3D 2009 format. · Conduct survey for listed species. Prepare listed species survey report and identify locations of listed species on FLUCFCS map. . Flag limits of agency jurisdictional wetlands. · Coordinate results of FLUCFCS mapping and listed species survey with Corporation. d. Geotechnical Drilling and Engineering · Collect site and subsurface data within the footprint area and summarize test results in the form of a Geotechnical Engineering Report. The following services are anticipated: 1. Locate the borings in the field based on measured and estimated distances from existing site features. 2. Contact Sunshine State One Call to have any known utilities at the test boring locations identified. 3. Perform eight (8) Standard Penetration Test (SPT) borings advanced to depths of fifty (50) feet below existing site grade. Two (2) test borings will be performed at each abutment location. It is assumed that a truck- mounted rig will be used. A-4 4. Obtain core samples from any hard limestone layers encountered in the test borings. This proposal is based upon the assumption that five (5) feet of hard limestone will be encountered in each boring. 5. Visually classify and stratify the soil/rock samples recovered and perform. Perform laboratory testing to facilitate classification of samples. Perform sieve analyses on soil samples recovered from the test borings to determine the grain size distribution of the soils. This proposal is based upon the assumption that a total of eight (8) sieve analyses will be performed. 6. Perform standard corrosion testing on soil samples from the test borings and water samples from the canal. Specifically, this testing will consist of pH, chlorides, sulfates, and electrical resistance. This proposal is based upon the assumption that two (2) series of tests will be performed (one (1) for each bridge location). 7. Perform percent fines determinations (#200 wash) on soil samples recovered from the test borings to determine the amount of soils passing a #200 U.S. Standard Sieve. This proposal is based upon the assumption that a total of sixteen (16) percent fines determinations will be performed. 8. Perform Atterburg Limits testing to determine the plasticity characteristics of soil samples recovered from the test borings. This proposal is based upon the assumption that a total of eight (8) Atterburg Limits tests will be performed. 9. Perform organic content determinations on soil samples recovered from the test borings and/or from the bottom of the canal to determine the percentage of organic materials. This proposal is based upon the assumption that two (2) organic content tests will be performed. 10. Perform moisture content determination on soil samples recovered from the test borings to determine the percentage of moisture. This proposal is based upon the assumption that eight (8) moisture content tests will be performed. 11. Summarize activities in the form of a Geotechnical Engineering Report, which will include the test procedures used, the data collected, a discussion of project specific geotechnical concerns, our engineering evaluation and recommendations, a site plan showing the test locations, and a software generated log of each test boring. 12.lt is assumed that the current property owner(s) and/or current property user(s) will grant site access to our personnel for the performance of the work. e. Surveying of the White Boulevard and 23rd Street SW bridge sites · Field measurements will be taken of the existing bridge for use in plan development. · Obtain canal sections at the extent of the bridge footprint and offsets of 25 feet and 50 feet up and downstream as required for hydraulic analysis. · Obtain field location of existing utilities within the vicinity of the proposed improvements. · Obtain upland topography as needed for designing the bridge approach roadway sections. · Provide field survey location for geotechnical borings. Final layout to be approved by the County. · Obtain wetland boundaries as flagged by project ecologist (if necessary). A-5 · Prepare boundary survey for permit work limit as required by SFWMD, BCB, and USACOE permits. f. Preliminary Bridge Layout · Investigate commonalities between the E951 Horizon Study bridges and the two pilot bridges. · Identify potential bridge types 1. Investigate availability of precast beams in Florida 2. Investigate use of Florida DOT standard beams (doubletee) 3. Discuss options with local precast producers · Set-up and run an Accelerated Bridge Construction industry input meeting in the County offices 1. Invite local precast producers and contractors 2. Invite Florida DOT staff 3. Present overview of ABC techniques and processes 4. Have open discussions regarding the implementation of ABC in Collier County 5. Obtain input and industry buy-in · Develop preliminary layout plans for the White Boulevard and 23rd Street SW bridges . Determine span configurations · Develop a preliminary cost estimate for the bridges g. Develop report of findings and preliminary layout of the two bridges to the county for review . Submit to the county for review · Meet with the County to finalize the concepts and layouts. h. Based on the review comments, modify the preliminary layout of the two bridges including the approach roadways. The anticipated travel requirements for CME staff for this task are: 2 Engineers for 3 days to attend Kick off meeting and review bridge locations 2 Engineers for 3 days to run industry input meeting 2 Engineers for 2 days to meet with the County and finalize the layouts of the two bridges Task 2: Big Cypress Basin Golden Gate Canal ROW Permit (Lump Sum) a. Attend pre-application meeting with SFWMD Big Cypress Basin staff members (attended by Grady Minor Staff). b. Obtain head loss and freeboard criteria for the specific section of the canal from Big Cypress Basin. c. Prepare HEC-RAS model utilizing canal sections and bridge foundation design to determine bridge head loss and freeboard. d. Prepare ROW Permit application and submit to SFWMD. e. Provide sufficiency responses to SFWMD to address engineering related comments. There are no anticipated travel requirements for CME staff for this task. A-6 Task 3: Environmental Resource Permit (ERP) Application, Design, and Permit Drawings (Lump Sum) a. Attend pre-application meeting with SFWMD (attended by Grady Minor Staff). b. Prepare environmental items with respect to wetlands and listed species for submittal to SFWMD. c. Prepare and submit an application to SFWMD for a Standard General Environmental Resource Permit (ERP) d. Prepare water management report including: Pervious/Impervious calculations, Stage storage calculations, Interconnected Pond Routing (ICPR) models for the 10,25, and 100 year storm, Weir design to accommodate water quality and allowable discharge criteria, Dry detention analysis to meet SFWMD criteria, Provide Harvey Harper Analysis of proposed water quality treatment system. (If required) e. Provide sufficiency responses to SFWMD to address engineering related comments. f. Preparing responses to request for additional information from COE. Coordinate Project review with COE staff (SFWMD will forward ERP submittal to U.S. Army Corps of Engineers (COE) for submission of a Nationwide General Permit). g. Coordinate pre-construction notifications with the COE. h. Conduct site visit with COE staff to verify wetland jurisdictional limits. There are no anticipated travel requirements for CME staff for this task. Task 4: SFWMD Dewatering Permit Application (Lump Sum) a. Review pumpage requirements, and the distance to wetlands, saline water and contaminated sites to determine permit classification (general short-term or 90-day no- notice dewatering). b. Estimate hydraulic characteristics of the shallow water-table aquifer based on existing data from on-site and/or nearby projects and the results of on-site soil borings. c. Prepare a dewatering plan that demonstrates how potential adverse impacts will be avoided, and which provides the routing and storage of surface and groundwater discharged during dewatering at the site. d. Prepare an application for a water use permit for general short-term dewatering or 90 day no-notice dewatering for review and comment by Collier County. e. Submit the application for a water use permit for dewatering to the SFWMD and respond to RAl's. There are no anticipated travel requirements for CME staff for this task. Task 5: Development of Construction Plans, Specifications and Estimates (Lump Sum) a. Prepare construction level detail of the roadway approaches to the bridge including design sections, drainage, grading, control structures, detention areas, and appropriate details and specifications. b. Develop construction level detail of the bridge including the design of the superstructure, substructure and foundations. c. Coordinate and design any utility relocations affected by the design. d. Prepare a Maintenance of Traffic Plan including detour routing. e. Attend a public information meeting or hearing (if required). A-7 f. Develop a final cost estimate for the project. g. Submit plans for review h. Meet with County staff to review the final plans I. Provide sufficiency responses to Collier County to address engineering related comments. J. Submit the plans for contract bidding. The anticipated travel requirements for CME staff for this task are: 2 Engineers for 2 days to attend review meeting 2 Engineers for 2 days to attend a progress meeting 2 Engineers for 2 days to attend a public meeting Task 6: Right of Way Acquisition Support (Lump Sum) Right of way acquisition is possible at the White Boulevard Site due to the anticipated roadway widening. Also, drainage features may be required beyond the roadway limits, which may also require additional right of way. Right of way needs will be identified during Task 1 - Preliminary Layout. The project schedule will be adjusted as required after identification of right of way needs in Task 1. This task includes coordination with county staff on right of way acquisitions. a. Identify right of way acquisition necessary for proposed improvements b. Prepare legal sketch and descriptions of updated right of way c. Assist the county with updated right of way maps d. Provide planning services for highest and best use of acquisition property There are no anticipated travel requirements for CME staff for this task. CONSTRUCTION ACTIVITIES Post Design Services (Time and Materials, not to exceed) a. Provide support to the County during preparation of bid package. b. Attend a pre-bid meeting. c. Answer questions posed by contractors. d. Analyze bids and recommend the contractor selection. e. Provide support to the County during construction The anticipated travel requirements for CME staff for this task are: 2 Engineers for 2 days to attend pre-bid meeting A-8 Design Team and Proiect Schedule: Design Team The design team that will be assisting CME for this project is as follows: Q. Gradv Minor & Associates: Survey, Roadway design, Drainage Passarella & Associates: Environmental Permitting and Resource Management GFA International: Geotechnical Engineering The project team at CME is: Michael P. Culmo: Michael will be the lead design engineer for the project. He has been a member of the PCI Northeast Bridge Technical Committee for over 15 years. He is also the lead project manager for our ABC standards projects with the Federal Highway Administration and the Utah DOT. Bryan L. Busch: Bryan is the project manager for all of our bridge design projects at CME. He will provide assistance during development of the ABC standards, and manage the design of the two pilot bridge projects. Andrew P. Benkert: Andrew is one of our lead senior design engineers. He specializes in the development of precast prestressed concrete components. He is also a member of the PCI Northeast Bridge Technical Committee, where he was involved with the development of the Northeast Extreme Tee (NEXT) Beam. This beam, which has just been adopted, will be used for ABC projects throughout the northeast. He will assist in the development of standards and the design of the two pilot bridge projects. Project Schedule The project schedule and will be maintained by CME Associates, Inc. with assistance from Grady Minor. The benefit of having two pilot bridge projects programmed at this time is that we can use these projects as samples for the development of ABC standards. For project planning and scheduling, CME can utilize Microsoft ProjecFM to develop and track schedules. For the purposes of this submission, CME has prepared the matrixes included in the following pages to show proposed scheduling for the design of the two bridges. In order to design the two pilot bridges in a very short timeframe, there will be a need to accelerate the review process for the right of way and environmental permits. Normal reviews take approximately 6 months for the required permits. We suggest early coordination with the permitting agencies in order to expedite the permits. The following chart contains the proposed project schedule. A-9 PROJECT DESIGN SCHEDULE Task 1: Preliminary Design a.Survey b. Preliminary Engineering c. Horizon Study Invest. & Prelim. Bridge Layout d. Utility (early coordination) e. Env. Assessment f. Preliminary Right of Way Task 2: BCB Golden Gate Canal ROW a. Hydraulic modeling b. Prepare permit application c. Sufficiency Responses Task 3: Environmental Resource Permit a. Water Management Plan and permit b. Sufficiencies Responses Task 4: Dewatering Permit a. Prepare Permit Application b. Sufficiency Responses Task 5: Roadway and Bridge Design a. Develop roadway and bridge plans, specs, est. b. Sufficiencies Responses Task 6: Right of Way Acquisition Support a. Identify Righty of Way Requirements o b iD o I I NOTE IF ROW OF WAY CONDEM:-.iATION IS REQUIRED, SCHEDULE COULD BE SUBSTANTIALLY DELA YED A-IO SCHEDULE B BASIS OF COMPENSATION LUMP SUM 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then-authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. B 1.1.1 All monthly status reports and invoices shall be mailed to the attention of Marlene Messam, P.E., Project Manager, Collier County Government, Transportation Division, 2885 South Horseshoe Drive, Naples, Florida 34104. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the lump sum payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until all services associated with any such line item have been completed to OWNER'S reasonable satisfaction. ITEM 1. 2. 3. 4. 5. 6. 7. LUMP SUM FEE FOR: Task 1 - Preliminary Engineering Task II - BCB ROW Permit Task III - ERP Permit Task IV - SFWMD Permit Task V - Construction Plans Task VI- ROW Task VII - Direct Expenses to include per diem, airfare, meals, rental car, printing, borings, rock coring and soil testing TOTAL FEE Not to Exceed - (Total Items 1-7) FEE $ 88,044.00 $ 20,048.00 $ 41,428.00 $ 7,064.00 $203,700.00 $ 14,728.00 $ 20,000.00 $395,012.00 8-1 PAYMENT SCHEDULE Monthly based upon percent complete Monthly based upon percent complete Monthly based upon percent complete Monthly based upon percent complete Monthly based upon percent complete Monthly based upon percent complete Monthly based upon Time and Material B.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of three hundred seventy five thousand twelve dollars ($375,012.00) and twenty thousand dollars ($20,000.00) at time and materials for a total amount of three hundred ninety five thousand twelve dollars ($395,012.00) to be paid to CONSULTANT for the performance of the Basic Services. B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement if any, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without OWNER'S prior written approval. B.2.4. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS: B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, any signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B-2 B.3.4 Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.4.1.1 Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2.Travel expenses reasonably and necessarily incurred with respect to Project related trips; to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4 Expense of overtime work requiring higher than regular rates approved In advance and in writing by OWNER. B.3.4.1.5 Expense of models for the County's use. B.3.4.1.6 Other items on request and approved in writing by the OWNER. B.3.4.2 Should a conflict exist between the dollar amounts set forth in Section 112.061, F.S., and the Agreement, the terms of the Agreement shall prevail. B-3 SCHEDULE B BASIS OF COMPENSATION ATTACHMENT I Sites a. Per Diem (hotel, meals, etc.) per da b. Airfare (coach class) c. Rental Car ( er da ) d. Printin 8-4 SCHEDULE B BASIS OF COMPENSATION ATTACHMENT II CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE Principal $ 188.00 Project Manager $153.00 Senior Engineer $129.00 Engineer $112.00 Ad m inistrative $ 60.00 END OF SCHEDULE B 8-5 SCHEDULE C PROJECT MILESTONE SCHEDULE Schedule is based on the number of calendar days from issuance of Notice to Proceed. 1. TASK I - Preliminary Enqineerinq 60 Days 2. TASK II - BCB ROW Permit 180 Days 3. TASK III - ERP Permit 150 Days 4. TASK IV - SFWMD Permit 180 Days 5. TASK V - Construction Plans 120 Days 6. TASK VI- ROW 100 Days C-l SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in 0-1 the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project. (6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the D-2 CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? ~ Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. _ Applicable X Not Applicable 0-3 (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. _ Applicable X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes No (1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage X General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage 0-4 $300,000 $300,000 $300,000 $300,000 $ 50,000 $500,000 $500,000 $500,000 $500,000 $ 50,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. (3) The OWNER shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. _ Applicable X Not Applicable (7) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. _ Applicable X Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No 0-5 (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: _ Bodily Injury & Property Damage - $ 500,000 X Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: _ $ 500,000 each claim and in the aggregate _ $1,000,000 each claim and in the aggregate ~ $2,000,000 each claim and in the aggregate 0-6 _ $5,000,000 each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and 0-7 OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D 0-8 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, CME Associates, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Design and Related Services for Development of Accelerated Bridge Construction Standards and Pilot Bridge Construction are accurate, complete and current as of the time of contracting. CME Associates, Inc. By:r~~Y co- 1 TITLE: Prp~i npnt DATE: 5-19-09 E-I SCHEDULE F KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS Michael Culmo Principal Project Manager Senior Engineer Administrative 45% Bryan Busch Andy Benkert 60% 100% Pina Leone 100% Q. Grady Minor Subconsultant between 20% - 48% OFA Subconsultant 5% Passarella Subconsultant 10% F-I ACORO,. CERTIFICATE OF LIABILITY INSURANCE OP ID TV I DATE (MM/DDNYYY) CMEAS01 OS/27/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ARCHAMBAULT INSURANCE ASSOC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 143 Providence St. PO Box 153 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Putnam CT 06260-0153 I Phone: 860-928-0811 Fax: 860-928-6462 INSURERS AFFORDING COVERAGE jNt'C · INSU RED INSURER A: PEERLESS INSURANCE 2419B ------'.- INSURER B: CME Associatest Inc. INSURER C: 110 Broadwa9, LC -- ----.. P.O. Box 84 INSURER D: Woodstock CT 06281 ------- ---- INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~,;!~Trl~r6It{,~E I P8k!fEYI~~b"o"J.,~N ------------.----- lTR NSRC TYPE OF INSURANCE POLICY NUMBER LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 __ A jsMERCIAL GENERAL LIABILITY BOPB118145 02/07/09 02/07/10 PREMISES (Ea occurence) $ 50000 CLAIMS MADE D OCCUR ------ MED EXP (Anyone person) $ ! ~Business Owners -- PERSONAL & ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2000000 I :l PRO- :l POLICY, JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 - A ANY AUTO BA8113645 02/07/09 02/07/10 (Ea accident) - ALL OWNED AUTOS BODILY INJURY - $ ~ SCHEDULED AUTOS (Per person) .._----- HIRED AUTOS BODILY INJURY - $ NON-OWNED AUTOS (Per accident) - X BUSINESS AUTO BA8110944 02/07/09 02/07/10 PROPERTY DAMAGE -- (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO OTHER THAN EA ACC $ ---- AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $3000000 ~ OCCUR o CLAIMS MADE 02/07/09 02/07/10 -- A CU8110546 AGGREGATE $ 3000000 $ _._,~-- :~ DEDUCTIBLE $ X RETENTION $10000 $ WORKERS COMPENSATION AND IT~~l~~Ws I IU~~- EMPLOYERS' LIABILITY -- ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT $ -- OFFICER/MEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L DISEASE - POLICY LIMIT $ OTHE:R PROPERTY 225000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: Contract - #08-5130 "Design and Related Services for Development of Accelerated Bridge Construction Standards and Pilot BridgeConstruction". Collier County Florida is named as an additional insured and certificate holder. Ten day written notice given for non-payment of premium. CERTIFICATE HOLDER CANCELLATION Collier County Florida 3301 Tamiami Trail East Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001/08) ! ACORDTM CERTIFICATE OF LIABILITY INSURANCE SP ;1 DATE R076 05-19-2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PAYCHEX AGENCY INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 210705 P: () - F: () - ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 308 FARMINGTON AVE , FARMINGTON CT 06032 INSURERS AFFORDING COVERAGE INSURED INSURER A: Hart ford Accident & Indemnitv CO INSURER B: CME ASSOCIATES INC INSURER C: PO BOX 849 INSURER D: WOODSTOCK CT 06281 INSURER E: COVERAGES ! THE POLICIES OF INsuRANCE L1STEIYBELOW HAVEBEE-N ISSUEDT6 tHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER ':f]Nf~:fn~T~v;. PgffN:':!J~~~'! LIMITS LTR ~ERAL LIABILITY I EACH DCCURRENCE $ I--- ~~MMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $ I--- _J CLAIMS MADE D OCCUR MED EXP (Anyone person) $ I--- PERSONAL & ADV INJURY $ I--- GENERAL AGGREGATE $ n.L AGGREn LIMIT APn PER: PRODUCTS - COMP/OP AGG $ PRO- POLICY JECT LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) I--- I--- ALL OWNED AUTOS BODILY INJURY (Per person) $ I--- SCHEDULED AUTOS I---- HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accidentl I--- I----- PROPERTY DAMAGE $ (Per accidentl RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ : AUTO ONLY: AGG $ EXCESS LIABILITY 1 EACH OCCURRENCE $ o OCCUR L__ CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ I RETENTION $ $ WORKERS COMPENSA TION AND X I T~~,rr~~~ ! !OJ~- A EMPLOYERS' LIABILITY 76WEGV09084 4/1/09 4/1/10 $1,000,000 E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER .~ I DESCRIPTION OF OPERA TIONS/LOCA TIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Those usual to the Insured's Operations. L CERTIFICATE HOLDER ----._----- I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE (10 DAYS FOR NON-PAYMENT) TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENT A TIVES. COLLIER COUNTY FLORIDA 3301 TAMIAMI TRL E NAPLES, FL 34112 (f) ACORD CORPORATION 1988 ACORD 25-S (7/97) PRODUCER AON RISK SERVICES, INC. OF FLORIDA 1001 BRICKELL BAY DRIVE, SUITE #1100 MIAMI, FL 33131-4937 PHONE: 800-743-8130 FAX: 800-522-7514 Serial # A17197 DA TE (MMIDDNY) OS/20/2009 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDNG COVERAGE COMPANY A AMERICAN HOME ASSURANCE CDMPANY INSURED ADPTOTALSOURCE MI XXX, INC. 10200 SUNSET DRIVE MIAMI, FL 33173 'ALTERNATE EMPLOYER: CME ASSOCIATES, INC. DBA CME ASSOCIATES COMPANY B COMPANY C 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 B Y 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. CO TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR POLICY NUMBER DATE (MM/DDIYY) DATE (MMIDDIYY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $ CLAIMS MADE D OCCUR PERSONAL & ADV INJURY $ OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ FIRE DAMAGE (Anyone fire) $ MED EXP (Anyone person) $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT ALL OWNED AUTOS I BODILY INJURY SCHEDULED AUTOS (Per person) HI RED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKER'S COMPENSATION AND WC 5881065 CT 07/01/2008 07/01/2009 A EMPLOYERS' LIABILITY EL EACH ACCIDENT $ 1,000,000 THE PROPRIETOR! INCL EL DISEASE - POLICY LIMIT $ 1,000,000 PARTNERS/EXECUTIVE OFFICERS ARE EXCL EL DISEASE - EA EMPLOYEE $ 1,000,000 OTHER I DESCRIPTION OF OPERATIONSlLOCATIONSIVEHICLESlSPECIAL ITEMS ALL WORKSITE EMPLOYEES WORKING FOR THE ABOVE NAMED CLIENT COMPANY, PAID UNDER ADP TOTALSOURCE, I NC.'S PAYROLL, ARE COVERED UNDER THE ABOVE STATED POLICY. 'THE ABOVE NAMED CLIENT IS AN ALTERNATE EMPLOYER UNDER THIS POLICY. RE: CONTRACT - #08-5130 DESIGN AND RELATED SERVICES FOR DEVELOPMENT OF ACCELERATED BRIDGE CONSTRUCTION STANDARDS AND PILOT BRIDGE CONSTRUCTION. COLLIER COUNTY FLORIDA 3301 TAMIAMI TRAIL EAST NAPLES, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE AON RISK SERVICES INC. OF FLORIDA ~~/Lb/L~~~ l~:~~ ;jbtl-II~-.jL~~ t5 Y t<:Nt-;::, Al.:Il"; Y t-'A',;"lt- t11 ..-,-.. _.- --,- --- ,tJ.cORd \ OAil< I"aMItIDJY'I'YYl ~. 05/1912009 i>RQt)UCER THIS CEIUIFICATE IS Issueo AS A t.lATTEiR OF INFoRMATION Byroes Agency, IOC aMI- y ,1."0 CONFt::AS MO RiGHTS UPOM TttE ceRTIFlCJl te HOl-DER. THIS cellnFlCATE DOES NOT AMEND. EXtEND OR PO Box 240 ,t.1. TER THE COVEfU\.GE AfFOROED aY THE pOLlctES BELOW. East Woodstock CT 06244 INSuRERS AFFOROlNG COVERAGE NAlC# lfllSu~D ~NSURiRA: AEIC PURCHASING CjROUP C M E Associates, Inc INSuRER B; 32 Crabtree LaM INSURiR c: POBox 849 INsuRER D: I Woodstock, Ct 06281 INsul\ER 5: ~ CERTIFICATE OF LIABILITY INSURANCE THE POLICIES OF \NSUAANCE l.ISTEP sr:LOW HAVE seEN ISStJED TO 1"HE INSUREO ~""EO ABOVE fOR THe POlleY PBt=:\OO INOICATEi:l. NOTWITHSTANDING ANY REQuIREMENT, TERM ort CONDI1'lON OF /liMY CQMTRACT OR OTHER. DOCUMENT WITH RESp!;Cr TO WHICH THIS CEt=:TIFICATE MAY BE IssueD OR MAY PERtAIN, THe: INSIJRANCE AFFORDED lilY THE POLICIES OESCRIIiED r\ERfIN IS SUBJe:CT 10 Al.L rl-lE iERMS, eXCLUSIONS AND CONOlTlONS OF SUCH POLICies. AGGREGATE 1.IMITS SHOWN MAY HAVE IileEN RECUC!SD B'Y PAlO CLAIMS. LTR IIISRP TYPE 01" p1SUfW"-C% poLICY NUMl:lI!R ~PiMlIfD1'N) , DA:T-ElIMM/DOrtVl ut/IITS GEN~L LIABIUTY iAC~ OCCU~RENC~ \I; P. COMMERCIAl. GENERAL UAB1LITY ~=~M?",~~l $ o CLA1MS fo,lAOE 0 OCCUR MEi:I EXP (Anyone persl;ll'l) 5 B- pERSONAL & PJjV IMJURY \I; GENE~ALAGGREGATi $ hN'1. AGGREr1~ l.IMIT APPLIES PeR: l'>ROOUCTS . COMPjQ? AGG $ POl.ICY PROJECT n l.oC A1)TOtwBl~ u,ll.BlU1Y COMBINED SINGLE LIMIT I-- $ i= ANY AUTO (EQ "ci:ld~m) ~ All.. OWNED AUTOS BOOILY INJUI'\V $ ~ sCHEDUI.ED AUTOS (Per-pmo!1) ~ lilf'lED AUTOS BOOlL Y It>lJU"RY $ ... . Po- NON-OWNEO AlJToe t PI\( Q<;t;ident) ~ PROPERTY DWAGE $ (Pel" accident) G,o,AA.eE UASIlITY AU1'O ai'lL. Y - EA ACCIDeNT $ R Al'lY AUTO OT)olE~ THAN EA Ace $ AuTO ONl. Y: ACG S :jCES$llJMIllRELI.A lIABILITY EACtl OCCURRENCE $ OI:;Cl,IR 0 CLAIMS Ml\.OIl AGGREGATE $ $ =I DEDUCTIBLE $ RETENTION S $ ~~~~~QMAND Il TORY LIPi\t'fs r 1 u~;- AflY ffiOPRIETORIPARTNERlEXECl!TlIIE e.L., EACH ACCIDeNT $ OFFICE;RJMEMBER exCLUDED? If ~es, d~b9 IIl"\der e.L 0I6G'SE - lOA EMP\.OYEE $ S ECIAL PROVISIONS belOW A OTlt'"~ AEICPG-08 E.L. DISEASE - POLICY LIMIT $ PROFESSIONAL LIABILITY 01/12/2009 01112/2010 L11 ,000,000/1 ,000,000 .- Contrad. #OB-5130 - Design and Related se' kl 0 1 NlceS r Bile cl)I1'Ient of Acceletated Bridge Constructlon and Pilot. Bridge Constrl.lClion Collier County FloridB additional insured ClSRTIFICATIi1 HOLDeR CANCEI-LAT OmlERAGES Collier County Florida 3301 Tamiami Trail East Naples, Florida 34112 ION SKQ\JLD ANY (IF THE ABOVE DESCIlt8ED POUCIES eE CANCELL1iiIlIlB'OR~ TME EXPIRA'T'IOI DAtt THEREOf'. THE ISSuiNG INSUltER WILL eNllEAVM 10 MAIL 30 DA't'S ~OTICE TO THE CERTIFICATE t1QLDER - WRlTI8>I I'IAIlIED TO THe LEFT, SUT FAILURE TO DO SO SHALL IMPOSE NO OBUCI''l'1(>>,( OR LIABIUTY 01' Af:fi KINO UPON THIO INSURE:ft. ITS ~EN'l'S OR R~PflESENTATIVES. AU~ REPAESEflTATIVE stephen B. Lincoln Agent A.CO~O 25 (2001108) @ ACORD CORPORATION 198 MEMORANDUM Date: July 6, 2009 To: Rhonda Cummings, Purchasing Contract Specialist From: I\1artha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #08-5130: "Design and Related Services for Development of Accelerated Bridge Construction Standards and Pilot Bridge Construction" Contractor: CME Associates, Inc. Enclosed is one original contract, referenced above (Agenda Item #16B5), approved by the Board of County Commissioners on Tuesday, May 12, 2009. The second contract will be kept in the Minutes and Records Department as part of the Board's permanent records. If you should have any questions, please contact me at 252-7240. Thank you. Enclosure (1) Date: REQUEST FOR LEGAL SERVICES '" oc\... May 28, 2009 S~ -1" '-' County Attorney's Office~ vv-->' Attention: Jeff Klatzkow C"~ .. . Rhonda Cummings, FCCN, CPPB, Contract Specialist :0v~, Purchasing Department, Extension 8941) To: From: Re: Contract: #08-5130 "Design and Related Services for Development of Accelerated Bridge Construction Standards and Pilot Bridge Construction" Contractor: CME Associates, Inc. BACKGROUND OF REQUEST: This Contract was approved by the BCC on May 12, 2009; Agend V Item 16.B.5 ~ This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Jeff, this is a standard contract with no changes. Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. c: Marlene Messam, TECM RLS # or- fJ,ze- t!)/.;l'l8 CHECKLIST FOR REVIEWING CONTRACTS Entity Name: C M E /1-:5 s 1) ~, ~ 7't s;. I I AJ (!.., -LYes ~es Entity name correct on contract? Entity registered with FL Sec. of State? No No Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ "Z ~l L Products/CompVOp Required $ Personal & Advert Required $ Each Occurrence Required $ Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $ J ~lL Workers Compensation Each accident Required $ I ~ l L Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ 3 Ml L Aggregate Provided $ l ( Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ 2. ~ l L Per Aggregate Required $ Other Insurance Each Occur Type: ~Yes ~Yes ........ Yes ~Yes No No No No "2-I\I\IL Exp. Date ?/ f) {, f) Exp. Date , II l , I VIAL L Exp. Date .. , (I Exp. Date ( , 5'0)'007> Exp. Date I' 1 \\4.. l L Exp Date Z(I\{IP I W\IL Exp Date '1/, (to " Exp Date f I' , ' Exp Date " Provided $ Provided $ Provided $ Provided $ Provided $ Provided $ Provided $ Provided $ Provided $ Exp Date ~ '\ It () Exp Date ( / ~es No Provided $ Provided $ Exp. Date Exp. Date Required $ Provided $ Exp Date_ County required to be named as additional insured? County named as additional insured? /Yes Yes No No Indemnification Does indemnification meet County standards? Is County indemnifying other party? /Yes - No - Yes ~No - Yes No - Yes No II - - " c.- 1:) Yes No - ~~ /Yes No ~:. p/ - ~/ - Yes vNo ~Yes - No ~Yes No "'\.Pr ~Yes - No V' Yes No l/Yes No - LYes No ~ ReViewer InitIals: Date:~ 04-COA-Ol 3 222 Performance Bond Bond requirement referenced in contract? Ifattached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? MEMORANDUM TO: Ray Carter Risk Management Department / FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist' Purchasing Department '\ '/7 ;ul: DATE: May 28, 2009 RE: Review of Insurance for Contract: #08-5130 "Design and Related Services for Development of Accelerated Bridge Construction Standards and Pilot Bridge Construction" Contractor: CME Associates, Inc. This Contract was approved by the BCC on May 12, 2009; Agenda Item 16.B.5 Please review the Insurance Certificates for the above referenced contract. If you have any questions, please contact me at extension 8941. Thank you. dod/RC C: Marlene Messam, TECM DATE IECUWD M,~Y 29 2009 RISK MANAGEMENT mausen_g From: Sent: To: Cc: Subject: RaymondCarter Monday, June 29, 2009 2:35 PM DeLeonDiana; Cum m ingsRhonda mausen_g; MessamMarlene FW: Contract 08-5130 "Design and Related Services for Development of Accelerated Bridge Construction Standards and Pilot Bridge Construction" 09-5130 CME-Prof liab.pdf Attachments: All, thank you for your assistance in receiving the revised certificate of insurance. The contract now meets insurance requirements as set forth in contract 08-5130. The contract will now be forwarded to the county attorney's office for review. Thank you, Ray From: DeLeonDiana Sent: Monday, June 29, 2009 1:58 PM To: RaymondCarter Subject: FW: Contract 08-5130 "Design and Related Services for Development of Accelerated Bridge Construction Standards and Pilot Bridge Construction" Please see attached. Diana D. From: DeLeonDiana Sent: Thursday, June 25, 2009 2:05 PM To: RaymondCarter Cc: walker.j; mausen_g; CummingsRhonda Subject: RE: Contract 08-5130 "Design and Related Services for Development of Accelerated Bridge Construction Standards and Pilot Bridge Construction" Ray, Please see attached Professional Liability insurance with the $2M coverage. Thanks, 'Diana 'De Leon Purchasing Dept (239)252-8375 From: RaymondCarter Sent: Friday, June 05, 2009 10:52 AM To: CummingsRhonda; DeLeonDiana Cc: walker.j; mausen_g Subject: FW: Contract 08-5130 "Design and Related Services for Development of Accelerated Bridge Construction Standards and Pilot Bridge Construction" 1 Rhonda, I will be on vacation next week so if the revised Certificate as requested is received please forward to Jeff who can review in my absence. This will prevent the contract from being held up in our office. Georgina, I will leave the contract with you... Thank you, Ray From: RaymondCarter Sent: Monday, June 01, 2009 10:35 AM To: CummingsRhonda Cc: DeLeon Diana Subject: Contract 08-5130 "Design and Related Services for Development of Accelerated Bridge Construction Standards and Pilot Bridge Construction" Rhonda, I have reviewed the Certificate(s) of Insurance provided by CME Associates, Inc. Unfortunately, the contract calls for Professional Liabilitv coverage limits of no less than $2.000,000 each claim and in the aggregate and only $1,000,000 was provided. Please have CME Associates, Inc provide the proper coverage for Professional Liability and forward same to me. When received, I will attach to contract and forward to the County Attorney's Office and notify you of same. Thank you, Ray ~~ Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 2 . w\vw.sunbiz.org - Department of State Page 1 of2 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return To List IEntity Name Search No Events No Name History Detail by Entity Name Foreign Profit Corporation CME ASSOCIATES, INC. Filing Information Document Number F08000004451 FEI/EIN Number 060924975 Date Filed 10/13/2008 State CT Status ACTIVE Principal Address 32 CRABTREE LANE WOODSTOCK CT 06281 Mailing Address 32 CRABTREE LANE WOODSTOCK CT 06281 Registered Agent Name & Address INCORP SERVICES, INC. 17888 67TH COURT NORTH LOXAHATCHEE FL 33470 US Officer/Director Detail Name & Address Title C CHENEY, P. BRADFORD LS, PE 32 CRABTREE LANE WOODSTOCK CT 06281 Title VP CULMO, MICHAEL P PE 333 EAST RIVER DRIVE EAST HARTFORD CT 06108 Title [) BUSCH, BRYAN L PE 333 EAST RIVER DRIVE EAST HARTFORD CT 06108 Title D COLE SMITH, EVELYN RA 32 CRABTREE LANE WOODSTOCK CT 06281 http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq doc number=F0800000445... 5/112009 W\!v'w.sunbiz.org - Department of State Page 2 of2 Title S YOUNG, SCOTT G PE 32 CRABTREE LANE WOODSTOCK CT 06281 Title D BUGDEN, WAYNE LEP 32 CRABTREE LANE WOODSTOCK CT 06108 Annual Reports Report Year Filed Date 2009 04/21/2009 Document Images 04/2U2009--ANNUALREPORT 1 0/1 ~/2008 -~FQreign profit I Note: This is not official record. See documents if question or conflict. 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