#09-5262 (Aim Engineering)
Contract 09-5262
"County- Wide Engineering Services" - Civil-General (CI-GEN), Civil-Transportation Planning
(CI-TRPL), Civil-Transportation Roads (CI-Roads), Civil-Transportation CEI (CI-CEI), Civil-
Transportation Sub-Surface Utility Engineering (CI-SUE), and Civil-Transportation Survey (CI-
Survey)
THIS AGREEMENT is made and entered into this ~ day of yY\ Wv:.J--. ,2010, 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 "OWNER") and AIM Engineering & Surveying, Inc.,
authorized to do business in the State of Florida, whose business address is 5300 Lee Boulevard,
Lehigh Acres, Florida 33971 (hereinafter referred to as the "CONSULTANT").
WIT N E SSE T H:
WHEREAS, it is in the best interests of OWNER to be able to obtain professional
CONSULTANT engineering services expeditiously when a need arises in connection with a Collier
County project; and
WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act),
makes provisions for a fixed term contract with a firm to provide professional services to a political
subdivision, such as the County; and
WHEREAS, OWNER has selected CONSULTANT in accordance with the provisions of
Section 287.055, Florida Statutes, to provide professional CONSULTANT engineering services on a
fixed term basis as directed by OWNER for such projects and tasks as may be required from time to
time by OWNER; and
WHEREAS, CONSULTANT has been awarded a contract for the following Engineering
Discipline(s):
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1. Civil-General (CI-GEN)
2. Civil-Transportation Planning (CI-TRPL)
3. Civil-Transportation Roads (CI-Roads)
4. Civil-Transportation CEI (CI-CEI)
5. Civil-Transportation Sub-Surface Utility Engineering (CI-SUE)
6. and Civil-Transportation Survey (CI-Survey)
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE 1
CONSULTANT'S RESPONSIBILITY
1.1 From time to time upon the written request or direction of OWNER as hereinafter provided,
CONSULTANT shall provide to OWNER professional Consultant engineering services (hereinafter
the "Services") as herein set forth. The term "Services" includes all Additional Services authorized by
written Amendment or Change Order as hereafter provided.
1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in
conformance with the scope of services, which shall be described in a Work Order issued pursuant to
the procedures described herein. The form of the Work Order is set forth in attached Schedule A.
Reference to the term "Work Order" herein, with respect to authorization of Services, includes all
written Amendments or Change Orders to any particular Work Order. CONSULTANT acknowledges
and agrees that each individual Work Order shall not exceed $200,000 unless otherwise approved in
writing by the Board of County Commissioners, and that the total initial compensation for all Work
Orders issued under this Agreement shall not exceed $750,000 annually, unless otherwise approved
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in writing by the Board of County Commissioners of Collier County. Work order assignments for
CCNA contract shall be made in accordance with the Best Value Offer (BVO) procedure as approved
by the BCC on February 10, 2009, unless otherwise amended by the OWNER.
1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order.
CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required
in a written Work Order. Any Services provided by CONSULTANT without a written Work Order shall
be at CONSULTANT'S own risk and OWNER shall have no liability for such Services.
1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to the
terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such Services,
said proposal to be in compliance with the terms of this Agreement. If the parties reach an
agreement with respect to such Services, including, but not limited to the scope, compensation and
schedule for performance of those Services, a Work Order shall be prepared which incorporates the
terms of the understanding reached by the parties with respect to such Services and if both parties
are in agreement therewith, they shall jointly execute the Work Order.
1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the
Services required thereby, in accordance with the terms of this Agreement and the subject Work
Order.
1.2.4 It is mutually understood and agreed that the nature, amount and frequency of the Services
shall be determined solely by OWNER and that OWNER does not represent or guarantee unto
CONSULTANT that any specific amount of Services will be requested or required of CONSULTANT
pursuant to this Agreement.
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1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER under this Agreement or
any Work Order, or to obligate OWNER in any manner or way.
1.2.6 All duly executed Work Orders (including all written Amendments or Change Orders thereto)
are hereby incorporated into and made a part of this Agreement by reference.
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 hereby designates Michael Adams, P.E., as its Principal in Charge (hereinafter
referred to as the "Principal in Charge") with full authority to bind and obligate CONSULTANT on all
matters arising out of or relating to this Agreement. In each Work Order CONSULTANT will
designate a qualified licensed professional to serve as CONSULTANT'S project coordinator for the
Services to be provided under that Work Order (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 the Work Order. Further, the Project Coordinator has full authority to bind and
obligate the CONSULTANT on all matters arising out of or relating to the Work Order. The
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CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote
whatever time is required to satisfactorily manage the services to be provided and performed by the
CONSULTANT under the Work Order. CONSULTANT further agrees that the Principal in Charge
and Project Coordinators shall not be removed by CONSULTANT 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 Principal in Charge or any 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 any of the Services pursuant to the requirements of this Agreement or any
applicable Work Order, 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 and experience in the type
of professional engineering services that will be required under this Agreement. 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
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 any design documents in no way relieves CONSULTANT of its obligation to deliver
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complete and accurate documents necessary for successful completion of the Services required
under the subject Work Order.
1.7.1 The Owner 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 Owner 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
Owner 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 Owner 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
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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.
ARTICLE 2
ADDITIONAL SERVICES OF CONSULTANT
2.1 If authorized in writing by Owner through an Amendment or Change Order to a Work Order,
CONSULTANT shall furnish or obtain from others Additional Services beyond those Services
originally authorized in the Work Order. The agreed upon scope, compensation and schedule for
Additional Services shall be set forth in the Amendment or Change Order 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. Except in an emergency endangering
life or property, any Additional Services must be approved in writing via an Amendment or Change
Order to the subject Work Order 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 Services originally required of CONSULTANT under the
subject Work Order.
2.2 If OWNER determines that a change in a Work Order is required because of the action taken
by CONSULTANT in response to an emergency, an Amendment or Change Order shall be issued to
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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 the subject Work Order.
ARTICLE 3
OWNER'S RESPONSIBILITIES
3.1 For each Work Order, OWNER shall designate in writing a project manager to act as
OWNER'S representative with respect to the Services to be rendered under the Work Order
(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 under the Work Order. 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 as
set forth in the Work Order;
(b) The time the CONSULTANT is obligated to commence and complete all such
Services as set forth in the Work Order; or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT as set forth in the Work Order.
3.2 The Project Manager shall:
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(a) Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in
accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to OWNER'S
requirements for the Services specified in the Work Order, including design
objectives and constraints, space, capacity and performance requirements,
flexibility and expand ability, 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 Services specified in the Work Order, including existing drawings,
specifications, shop drawings, product literature, previous reports and any other
data relative to the subject Work Order;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the site
(if any) set forth in the Work Order to perform the Services to be provided by
CONSULTANT under the subject Work Order; 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 4
TIME
4.1 Each Work Order will have a time schedule ("Schedule") for the performance of the Services
required under the subject Work Order. Said Schedule shall be in a form and content satisfactory to
OWNER. Services to be rendered by CONSULTANT shall be commenced, performed and completed
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in accordance with the Work Order and the Schedule. Time is of the essence with respect to the
performance of the Services under each Work Order.
4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the
Services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its
own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of
government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs,
then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement
of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right
which CONSULTANT may have had to request a time extension for that specific delay.
4.3 Unless otherwise expressly provided in the Work Order, 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 the 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.
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 under this Agreement (including any and all Work
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Orders) 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 any particular Work Order or any payment issued by OWNER to CONSULTANT be
deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any
other damages hereunder.
4.6 The period of service shall be from the date of execution of this Agreement through one (1)
year from that date, or until such time as all outstanding Work Orders issued prior to the expiration of
the Agreement period have been completed. This Agreement may be renewed for an additional three
(3) years, renewable annually. Any such annual renewal shall be agreed to, in writing, by both
parties.
ARTICLE 5
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 each Work Order. CONSULTANT
agrees to furnish to OWNER, after the end of each calendar month, or as specified in the Work
Order, a comprehensive and itemized statement of charges for the Services performed and rendered
by CONSULTANT during that time period, and for any OWNER authorized reimbursable expenses as
herein below defined, incurred and/or paid by CONSULTANT during that time period. The monthly
statement shall be in such form and supported by such documentation as may be required by
OWNER. All such statements shall be on CONSULTANT'S letterhead and shall indicate the
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Agreement Number, Work Order Number, Purchase Order Number and Project Site description (if
any).
5.2 Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on or after the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified deadline period is
subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be
deemed of the essence with respect to the timely submission of invoices under this agreement.
5.3 The compensation (whether based upon a negotiated lump sum, time and materials, hourly
with a cap or some other agreed to format) contained in each separate Work Order shall be based on
the hourly rates as set forth and identified in Schedule B which is attached hereto, for the time
reasonably expended by CONSULTANT'S personnel in performing the Services. The Rate Schedule
may be updated by mutual agreement on an annual basis, in conjunction with the annual renewal of
this Agreement provided for in paragraph 4.6 above, as directed by OWNER.
5.3.1 OWNER agrees to reimburse CONSULTANT for all necessary and reasonable reimbursable
expenses incurred or paid by CONSULTANT in connection with CONSULTANT'S performance of the
Services, at its direct cost with no markup; to the extent such reimbursement is permitted in the Work
Order and in accordance with Section 112.061, F.S., or as set forth below.
5.3.2 Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT
as follows:
5.3.2.1. Expenses of transportation and living when traveling in connection with each
Work Order, except for local travel within Collier or Lee Counties, as provided
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in Section 112.061, F.S., and all Contract-related mileage for trips that are
from/to destinations outside of Collier or Lee Counties approved by OWNER.
5.3.2.2 Expenses for reproducing documents that exceed the number of
documents described in this Agreement and postage and handling of Drawings and
Specifications, including duplicate sets at the completion of each Work Order for the
OWNER'S review and approval.
5.3.2.3. Expense of overtime work requiring higher than regular rates approved in
advance and in writing by OWNER.
5.3.2.4.
Expense of models for the OWNER'S use.
5.3.2.5 Fees paid for securing approval of authorities having jurisdiction over the
Work Order required under the applicable Work Order.
5.3.2.6
Other items on request and approved in writing by the OWNER.
5.3.3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of the
aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by
CONSULTANT will be deemed to be a reimbursable expense.
5.4 CONSULTANT shall bear and pay all overhead and other expenses, except for authorized
reimbursable expenses, incurred by CONSULTANT in the performance of the Services.
5.5 Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that
CONSULTANT in writing advise OWNER of (i) the estimated time of CONSULTANT'S personnel and
the estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the
estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services
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to be performed by CONSULTANT under the proposed Work Order. CONSULTANT shall promptly
supply such estimate to OWNER based on CONSULTANT'S good faith analysis.
5.6 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized
by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to a maximum
markup of five percent (5%) on the fees and expenses associated with such subconsultants and
subcontractors.
5.6 Payments for Basic Services and Additional Basic Services as set forth herein or the Work
Order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by
OWNER.
5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis.
ARTICLE 6
OWNERSHIP OF DOCUMENTS
6.1 Upon the completion or termination of each Work Order, 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 the applicable
Work Order ("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.
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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 with respect to the applicable
authorized project or task. 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 subject project or task following CONSULTANT'S termination for any
reason or to perform additions to or remodeling, replacement or renovations of the subject project or
task. 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.
ARTICLE 7
MAINTENANCE OF RECORDS
7.1 CONSULTANT will keep adequate records and supporting documentation which concern or
reflect the 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
Work Order 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.
7.2 The records specified above in paragraph 7.1 include accurate time records, which
CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each
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principal and employee of CONSULTANT in performing the Services and therein specifying the
services performed by each, with all such time records to be kept within one-half of an hour. At the
request of OWNER, or as specified in the Work Order, CONSULTANT shall furnish to OWNER any of
the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence and/or
payment of any reimbursable expenses.
ARTICLE 8
INDEMNIFICATION
8.1 To the maximum extent permitted by 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 9
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 described herein and further set forth in
Schedule C to this Agreement.
9.2 All insurance shall be from responsible companies duly authorized to do business in the State
of Florida.
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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 Government, 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, and the "Other Insurance" provisions of any policies obtained by
CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER.
9.3.4 The Certificates of Insurance, which are to be provided in an Occurrence Form patterned after
the current I.S.0. form with no limiting endorsements, must reference and identify this Agreement.
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.
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9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required
hereunder must meet the following minimum requirements:
9.5.1 The insurance company must be duly licensed and authorized by the Department of Insurance
of the State of Florida to transact the appropriate insurance business in the State of Florida.
9.5.2 The insurance company must have a current A. M. Best financial rating of "Class VI" or
higher.
ARTICLE 10
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 to each Work Order shall be a Schedule that lists all of the key personnel
CONSULTANT intends to assign to perform the Services required under that Work Order. Such
personnel shall be committed to the project or task specified in the Work Order in accordance with the
percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each
subconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All
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personnel, subconsultants and subcontractors identified in the Schedule 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 any subsequently issued Work
Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the
CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the
OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the
OWNER under this Agreement, and any subsequently issued Work Order, with respect to the
Services to be performed by the subconsultant or subcontractor so that the subconsulting or
subcontracting thereof will not prejudice such rights. Where 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.
ARTICLE 11
WAIVER OF CLAIMS
11.1 CONSULTANT'S acceptance of final payment for Services provide under any Work Order shall
constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it
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against OWNER arising out of the Work Order or otherwise related to those Services, and except
those previously made in writing in accordance with the terms of this Agreement and identified by
CONSULTANT in its final invoice for the subject Work Order as unsettled. Neither the acceptance of
CONSUL TANT'S Services nor payment by OWNER shall be deemed to be a waiver of any of
OWNER'S rights against CONSULTANT.
ARTICLE 12
TERMINATION OR SUSPENSION
12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is
agreed that either party hereto shall at any and all times have the right and option to terminate this
Agreement by giving to the other party not less than thirty (30) days prior written notice of such
termination. Upon this Agreement being so terminated by either party hereto, neither party hereto
shall have any further rights or obligations under this Agreement subsequent to the date of
termination, except that Services specified to be performed under a previously issued Work Order,
shall proceed to completion under the terms of this Agreement.
12.2 CONSULTANT shall be considered in material default of this Agreement and such default will
be considered cause for OWNER to terminate this Agreement and any Work Orders in effect, 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 any particular Work Order within the times specified
under that Work Order, 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
20
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of
this Agreement and any Work Orders in effect, or (f) for any other just cause. The OWNER may so
terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the
CONSULTANT seven (7) calendar days written notice of the material default.
12.3 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 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to
be the notice of termination provided for in paragraph 12.4, below, and CONSULTANT'S remedies
against OWNER shall be the same as and be limited to those afforded CONSULTANT under
paragraph 12.4 below.
12.4 Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1
above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, 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, for any Work Orders so
cancelled, 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 Services
not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent
reasonably possible.
21
12.5 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 arising out of or relating to this Agreement or any Work Orders.
12.6 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.
12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty-
five (45) days after such payment is due as set forth in the Work Order 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 or subsequently issued Work
Order, 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 the subject
Work Order until such default is cured, after giving OWNER a second fourteen (14) days written
notice of CONSULTANT'S intention to stop performance under the applicable Work Order. 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 the subject Work Order by giving written notice to OWNER of
CONSULTANT'S intent to terminate that Work Order. If OWNER does not cure its default within
fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon
22
fourteen (14) additional days' written notice to the OWNER, terminate the subject Work Order 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.
ARTICLE 13
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 or any subsequent Work Order.
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 0, certifying that wage rates and other factual unit costs supporting the
compensation for CONSULTANT'S services to be provided under this Agreement and each
subsequent Work Order issued hereafter, if any, are accurate, complete and current at the time of the
Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price as set
forth in each subsequent issued Work Order, if any, and any additions thereto shall be adjusted to
exclude any significant sums by which the OWNER determines the price as set forth in the Work
Order was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit
23
costs. All such adjustments shall be made within one (1) year following the end of the subject Work
Order.
ARTICLE 14
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.
ARTICLE 15
MODI FICA TION
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 16
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, Purchasing Building
3301 Tamiami Trail East
24
Naples, FL 34112
Attention: Stephen Y. Carnell, Purchasing/GS 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:
AIM Engineering & Surveying, Inc.
5300 Lee Boulevard
Lehigh Acres, FL 33971
Phone: 800-226-4569; Fax: 239-332-8734
Attn: Michael Adams, P.E.
16.3 Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE 17
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.
25
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.
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 WORK ORDER FORM
Schedule B RATE SCHEDULE
Schedule C INSURANCE COVERAGE
Schedule D TRUTH IN NEGOTIATION CERTIFICATE
26
ARTICLE 18
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 19
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or
person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this
Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from the award
or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and
deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and
made a part hereof as Schedule D. CONSULTANT'S compensation as set forth in each
subsequently issued Work Order, if any, 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.
27
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 20
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 by OWNER'S staff person who would make
the presentation of any settlement reached at mediation to OWNER'S board for approval. Should
28
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 Owner shall have the discretion
to unilaterally terminate this agreement immediately.
29
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for
County Wide Engineering Services the day and year first written above.
ATTEST:
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Typed .Name and Title
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30
BOARD OF COUNTY
COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
By: '~w. ~
Fred Coyle, Chairman
AIM Engineering & Surveying, Inc.
By: ,jn III jfr V
T/?ACY If. LEilY, I/fC6 !'.RESIID&'Alt
Typed Name and Title
SCHEDULE A
WORK ORDER
Agreement for Collier County Engineering Services, Dated . 20 (RFP/Bid 09-5262- Civil-General (CI-GEN),
Civil-Transportation Planning (CI-TRPL), Civil-Transportation Roads (CI-Roads), Civil-Transportation CEI (CI-CEI),
Civil-Transportation Sub-Surface Utility Engineering (CI-SUE), and Civil-Transportation Survey (CI-Survey))
This Work Order is for professional describe services for work known as:
Project Name:
Project No:
The work is specified in the proposal dated .20 which is attached hereto and made a part of this Work Order.
In accordance with Terms and Conditions of the Agreement referenced above, this Work Order is assigned to:
Scope of Work: As detailed in the attached proposal and the following:
* Task I
* Task II
* Task III
Schedule of Work: Complete work within _days from receipt of the Notice to Proceed which is accompanying this
Work Order.
Compensation: In accordance with Article Five of the Agreement, the Owner will compensate the Firm in accordance with
the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material
(negotiated hourly rate) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be
used for which tasks)
Task I $
Task II $
Task III $
TOTAL FEE $
Any change made subsequent to final department approval will be considered an additional service and charged
according to negotiated hourly rates.
PREPARED BY:
name and title
Date
APPROVED BY:
Department Director, Department Name
Date
APPROVED BY:
Division Administrator, Division
Date
ACCEPTED BY: Company name
Signature of Authorized Company Officer
Date
Type or Print Name and Title
A-1
Schedule B
Contract No: 09-5262 "County Wide Engineering Services"
Standard Hourly Rate Schedule for all disciplines
Personnel Category Standard Hourlv Rate
Principal $195
Senior Project Manager $165
Project Manager $148
Senior Engineer $155
Engineer $119
Senior Inspector $85
Inspector $65
Senior Planner $140
Planner $110
Senior Designer $115
Designer $100
Environmental Specialist $115
Senior GIS Specialist $145
GIS Specialist $100
Clerical $60
Surveyor and Mapper $130
CADD Technician $85
Survey Crew - 2 man $130
Survey Crew - 3 man $160
Survey Crew - 4 man $180
This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support
and other services shall be mutually negotiated by the County and firm on a project by project basis as
needed.
SCHEDULE C
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 of all Services required
hereunder or as specified in this Agreement, whichever is longer.
(4) Simultaneously with the execution and delivery of this Agreement by
CONSULTANT, CONSULTANT has delivered a properly executed Certificate(s) of
insurance acceptable to the OWNER 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
C-1
contain a provision that coverages afforded under the policies will not be canceled or
allowed to expire until at least thirty (30) days prior written notice has been given to the
OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four
(24) hours after receipt, of any notices of expiration, cancellation, non-renewal or
material change in coverages or limits received by CONSULTANT from its insurer, and
nothing contained herein shall relieve CONSULTANT of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by
CONSULTANT hereunder, CONSULTANT 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
Agreement.
(6) The acceptance by OWNER of any Certificate of Insurance pursuant to
the terms of this Agreement 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 and any Work
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Orders issued pursuant to 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 or any Work Order, the CONSULTANT shall furnish to the OWNER, in
triplicate, renewal or replacement Certificate(s) 'of Insurance not later than three (3)
business days after the renewal of the policy(ies). Failure 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 or any subsequently issued
Work Order for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? X Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be
maintained by the CONSULTANT during the term of this Agreement for all employees
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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
(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
C-4
(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
$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
C-5
CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT
shall be subject to the approval of the Risk Management Director or his designee.
(3) The OWNER, Collier County Government, 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
(6) 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
C-6
(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:
x Bodily Injury & Property Damage - $ 500,000
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
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x $1,000,000 each claim and in the aggregate
$2,000,000 each claim and in the aggregate
$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 a period of not less
than five (5) years following completion of all Services authorized under this Agreement.
(4) The policy retroactive date will always be prior to the date services were
first performed by CONSULTANT or OWNER under this Agreement, 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.
C-8
VALUABLE PAPERS INSURANCE
(1) In the sole discretion of the Owner, on a work order by work order basis,
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 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.
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(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.
C-10
SCHEDULE D
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section
287.055, Florida Statutes, AIM Engineering & Surveying, 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 09-5262 "County Wide Engineering Services" are accurate, complete
and current as of the time of contracting.
AIM Engineering & Surveying, Inc.
BY: ~l~i~
-r12/i- Y ,4-. L5i/
TITLE: /lfe E PRESt /JGNT
DATE: ;Z -~~ -.:2.010
D-1
ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY)
2/18/2010
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Gulfshore Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
4100 Goodlette Road North ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Naples, FL 34103 -3303
239261-3646 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Amerisure Insurance Company
Aim Engineering & Surveying, Inc. INSURER B:
JRI Engineering, Inc. INSURER C:
Aim Construction Contracting, LLC INSURER D:
5300 Lee Blvd, Lehigh Acres FL 33971 INSURER E:
Client#. 63849
AIMEN
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.
II~~ ~~~; TYPE OF INSURANCE POLICY NUMBER PJ>.k+~~9~~8mE Pg~.fJI~~~t~N LIMITS
A ~NERAL LIABILITY GL2053525000000 04/25/09 04/25/10 EACH OCCURRENCE $1 000000
1L 3MMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $300 000
- CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $10.000
PERSONAL & ADV INJURY $1 000000
-
- GENERAL AGGREGATE $2 000 000
~'L AGGRE~E LIMIT APMS PER: PRODUCTS - COMP/OP AGG $2 000.000
POLICY X :;~8T LOC
A ~TOMOBILE LIABILITY CA205352300 04/25/09 04/25/10 COMBINED SINGLE LIMIT
~ ANY AUTO (Ea accident) $1,000,000
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
-
~ HIRED AUTOS BODILY INJURY
$
~ NON-OWNED AUTOS (Per accident)
- PROPERTY DAMAGE $
(Per accident)
~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
A ~ESS/UMBRELLA LIABILITY CU205352600 04/25/09 04/25/10 EACH OCCURRENCE $5 000 000
X OCCUR D CLAIMS MADE AGGREGATE $5 000 000
$
~ DEDUCTIBLE $
X RETENTION $0 $
A WORKERS COMPENSATION AND WC205528700 07/01/09 07/01/10 X I T~2.g~Ws I 10J~-
EMPLOYERS' LIABILITY $1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1,000,000
If yes. describe under $1,000,000
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Project: #09-5262 "County Wide Engineering Services"
Certificate Holder is Named as Additional Insured on a primary non contributory basis as respects to
General Liability Only as needed by contract, per form CG 70 48 03 04. (Contractor's Blanket Additional
Insured Endorsement) and waiver of subrogation in regards to general liability and waiver of subrogation in
regards to workers compensation. *30 days cancellation notice, except 10 days for non-payment.
CERTIFICATE HOLDER
CANCELLATION
Collier County Government
Attn: Purchasing Building
3301 E. Tamiami Trail
Naples, FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ---3.0.- DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
ACORD 25 (2001/08) 1 of 2
#S405377/M362631
ERL
@ ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (2001/08)
2 of2
#S405377/M362631
Aim Engineering & Surveying, rnc
Policy #GL2053525000000
.THIS .ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT
This end~ent modifies Insurance provided under the following:
COMMERCIAL GENERAL LlABIUTY COVERAGE FORM
All of the terms, provisions, exclusions, and limitations of the coverage form apply except as specifically stated
below.
SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization, called an
additional insured in this endorsement
1. Whom you are required to add as an additional insured on this policy under a written contract or agreement
relating to your business; or
2. Who is named as an additional insured under this policy on a certIficate of insurance.
However, the written contract, agreement or certificate of insurance must require additional insured status for a time
period during the term of this policy and be executed prior to the "bodily injury", "property damage", "personal injury",
or "advertising injury" giving rise to a claim under this pollcy.
If, however, "'your work" was commenced under a letter of Intent or work order, subject to a subsequent reduction to
writing within 30 days from such commencement and with customers whose customary contracts require they be
named as additional.insureds, we win provide additional insured status as specified in this endorsement.
3. If the additional insured is:
(a) An Individual, their spouse is also an additional insured.
(b) A partnership or joint venture, members, partners, and their spouses are also additional Insureds.
(c) A limited liability company, members and managers are also additional insureds.
(d) An organization other than a partnership, joint venture or limited liability company, executive officers and
directors of the organization are also additional insureds. Stockholders are also addiUonal insureds, but
only with respect to their liability as stockholders.
(e) A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as
trustees.
The insurance provided to the additional Insured Is fimited as follows:
1. That person or organization Is only an additional insured with respect to liability arising out of:
(a) Premises you own, rent, lease, or occupy, or
(b) Your ongoing operations performed for that additional insured, unless the written contract or agreement or
the certificate of insurance requires "your work" coverage (or wording to the same effect) in which case
the coverage provided shall extend to "your work" for that additional insll'ed.
Premises, as respects this provision, shall include common or public areas about such premises If so required
in the written contract or agreement
Ongoing operations, as respects this provision, does not apply to .bodily injury'" or .property damage" occurring
after:
(1) All work Including materials, parts or equipment furnished In connection with such work on the proj~
(other then service, maintenance or repairs) to be performed by or on behalf of the addltionallnsured(s) at
the site of the covered operations has been completed; or
Includes copyrighted material of Insurance Services Office, Inc., with Its pennission.
Copyright Insurance Services Office, Inc., 2003
Page 1 012
CG 70 48 03 04
..
(2) That portion of "your wor1(' out of which the injury or damage arises has been put to its Intended use by
any person or organization other than another contractor or subcontractor engaged in performing
operations for a principal as a part of the same project.
2. The limits of insurance applicable to the additional insured are the least of those specified In the written
contract or agreement. or in the certificate of Insurance or in the Declarations for this policy. If you also cany
an Umbrella policy, and the written contract or agreement or certificate of insurance requITes that the additional
insured status also apply to such Umbrella policy, the rnnits of insurance app6cable to the additional insured
under this policy shall be those specifted in the Declarations of this policy. The limits of insurance applicable to
the additional insured are inclusive of and not in addition to the limits of insurance shown in the Declarations.
3. The additional insured status provided by this endorsement does not extend beyond the explration or
termination of a premises lease or rental agreement nor beyond the term of this policy.
4. Any person or organization who is an insured under the terms of this endorsement and who is also an insured
under the terms of the GENERAl LIABILITY EXTENSION ENDORSEMENT, if attached to this policy, shall.
have the benefit of the terms of this endorsement if the terms of this endorsement are broader.
5. If a written contract or agreement or a certificate of insurance as outlined above requires that additional Insured
status be provided by the use of CG 20 10 11 85, then the terms of that endorsement, which are shown below,
are incorporated into this endorsement as respects such additional Insured, to the extent that such terms do
not restrict coverage otherWise provided by this endorsement:
ADDmONAL INSURED - OWNERS. LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the.following:
COMMERCIAL GENERAL UABIUTY COVERAGE PART. .
SCHEDULE
Name of Person or Organization: Blanket Where Required by Written Contract,
Agreement, or Certificate of Insurance that the terms of CG 20 10 11 85 apply
(If no entry appears above, information required to complete this endorsement will be
shown in the Declarations as applicable to this endorsement)
WHO IS AN INSURED (Section 11) is amended to include as an insured the person or
organization shown in the Schedule, but only with respect to liability arising out of "your
work- for that insured by or for you.
Copyright, Insurance Services Offlce,lnc., 1984
CG20 10 1185
The insurance provided to the additional insured does not apply to -bodily injury", -property damage-, -personal
injury", or -advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render
any professional services including but not limited to:
1. The preparing, approving, or falUng to prepare or approve maps, drawings, opinions, reports, surveys, change
orders, design specifications; and
2. Supervisory, inspection, or engineering services.
Any coverage provided in this endorsement is excess over any other valid and collectible insurance available to
the additional insured whether primary, excess, contingent, or on any other basis unless the written contract,
a9~ment, or certificate of insurance requires that this insurance be primary, in which case this insurance will
be pnmary without contribution from such other insuranoe available to the additional Insured.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Copyright Insurance Services Office, Inc. 2003
CG 704803.04
Page 2 of 2
~
~RiJ'
PRODUCIiR
CERTIFICATE OF LIABILITY INSURANCE ~!81 I OA:~M;::;:)
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
AL. TEft THE COVERAGE AFFORDED BY THE POLICIES BELOW;
Private CliQnt InsurancQ
9736 Commerce Center Court
Fort MYers FL 33908
Phone:239-481-1949 Fax:239-481-2911
INSURERS AFFORDING COVERAGE
,
NAIC#
35378
INSURED
Evanston Insurance Co.
AIM Engineering & Surveying,
Inc
5306 Lee Blvd.
L.migh Acres FL 33971
I
COVERAGES
INSURER A:
INSURER B:
INSURER C:
INSURER D:
INSURER E:
.
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED.NAMED ASOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING !
}#( REQUIREMENT, lERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WI-IICf! THIS CERTIFICATE MAY BE ISSUEO OR
MAY PERTAIN. THE INSURANCE AFfORDED BY THE POLICIES DESCRIBED HEREIN IS SUSJECTTO ALL THE TERMS. EXCLUSIONS AND CONDITIONS Of SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ,
LTR NSIU: TYPE; 01' INSURANCE POLICY NUlIIBER cr,.~~1~=6~1 ~~IflM~&~~ L1I1oWTS
GIlNIiRAL LIABILITY EACH OCCURRENCE .; $
I--
COMMERCIAL GENERAL LlABLlTY PREMISES (Ea Occu","ce] ., $
I CLAIMS MADE D OCCUR MED EXP (Anyone perooro) ! $
PI'RSONAL & IUJI/ INJURY i $
GENERAL AGGREGATE " $
~'L AGGREGATE LIMIT APPLIES PER: PRODUCTS ~ COMP/Of> AG~ $
n PRO- n
POLICY JECT LOC
AUTOM081LE LIABILITY COMBINED SINGLE LIMIT
- $
ANY AUTO (ha<;<;idlirll]
-
- ALL OWNED AlITOS BODILY INJURY
(Par person) $
- SCHEDULED AUTOS
- HIRED AUTOS SOOILY INJURY
$
NON.QWNED AUTOS (Per accident)
-
PROPERTY DAMAGE $
(Per accident) i
GARAGE LlA81UTY AUTO ONLY - EA ACCIDENT: $
=J ANY AUTO OTHER THAN CAACC S
AUTO ONLY: AGG $
EXCESS J UMBRELLA LIABILITY EACH OCCURRENCE $
~ OCCUR D CLAlMS MADE AGGREGATE S
S
=1 DEDUCTIBLE S
RETENTION S .; S
WORKERS COIIIPENSoATIOlol ITO~Y'>(I~lf's I IU~R"" .
AMP EMPLOYERS' LIABILITY V/N
At('( PROf>RETORJPARTNERlCXECUTTI E.l EACH ACCIDENT S
o FI'ICeR1MEMBER EXCLUDED?
(Ma.....tGoy In NHI E.L. DISEASi:: - EA EMPlOY~1 $
1f)'4tS. .<Ie$cribe under
SP!:CIAL PROVISIONS belcw E.L, DISEASE - POLICY LIMIT $
OTHER
A professional E&O AE817573 07/01/09' 07/01/10 Per Claim 2,000,000
SIR 100.000
OESCRIPTlON OF OI'I!ItATJONS J LOCATIONS I VElIlCLIiS J IiXCLUSIONS ADDie ISY I!NllOlUll!!MI!NT J SPECIAL PROVISICIHS
Project Contract #09-5262 County Wide Engineering Services
;
CERTIFICATE HOLDER
Collier County Administrativ.
Services Division Purchasing
3301 Tami.am.i Trail East
ales FL 34112
ACORD 25(2009101)
CANCEUATION
SHOULD AHV 01' THE A80VE DESCRlBaO POLICIIi$ lili CANCIiLL.D RIFORIl THE JXf'IRATlO
COL 7419 DATE THIRIOf', THE IS8UING INSURER WILL ENDEAVOR TO MAIL: ~DAY8 WRITTEN
NOTICE TO THE CERTFlCATE HOLD!!R "'_IID 10 THE LEFT, au'l'i FAILURE TO DO 80 SHALL
i
IMPOSE NO OBLICiATION Oft LIABILITY 01' ANY KIND UPON ntllii IN~URER.1T8 AGINTS OR
RlliiPR&llE1lITATlVS8. '
AU &Il IUiPRIl$&N1'A TlYE
CORPORATION. All rightsrellerved.
Date:
March 10, 2010
REQUEST FOR LEGAL SERVICES
~\.U. ~\ \'0 \ ,0
5(2., v'"
DATE RECEIVE~ n.-
I tit 1J. / uvV
i;Oi.J~n y /~JTORNEY C 1 D (,/. -r ~
.~
1D1H1@ II PM 12:56 )L~ \\ .,v'J'"
CL-
~ . \ v'
,0 pAl
~Jll) /)
ITEM NO.:
FILE NO.:
ROUTED TO:
,0 - ~~~- () 1 S2)
DO NOT WRITE ABOVE THIS LINE
To:
Office of the County Attorney
Jeff Klatzkow
From: Diana De Leon, Contract Technician
Purchasing Department
Re: Contract: #09-5262 "County-Wide Engineering Services"
Contractor: Aim Engineering
BACKGROUND OF REQUEST:
This Contract was approved by the BCC on March 9, 2010, Agenda
Item 10.C
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
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: Joanne Markiewicz, Purchasing
RLS# \D'~t.. .Dt6Z
CHECKLIST FOR REVIEWING CONTRACTS
Enti(yNam,,-B\m F~,!'e.e{,;~ ~(''teli'13~ I ce
Entity name correct on contract? ./')1(;' _No
Entity registered with FL Sec. of State? ~ Yes No
Insurance
Insurance Certificate attached?
Insured registered in Florida?
Contract # &lor Project referenced on Certificate?
Certificate Holder name correct (BCC)?
Commercial General Liability .
General Aggregate Required $ 210'\ \
Products/CompVOp Required $ II , ,
Personal & Advert Required $" . ·
Each Occurrence Required $ .. , ·
Fire/Prop Damage Required $~n ""'
Automobile Liability
Bodily Inj & Prop Required ~ "-
Workers Compensation
Each accident Required $\ cn:\ \
Disease Aggregate Required $ .. . I
Disease Each Empl Required $ ... . ,
Umbrella Liability
Each Occurrence Provided $ ~; \ \ Exp Date ~) 10
Aggregate Provided $ ., . I Exp Date I' , ,
Does Umbrella sufficiently cover any underinsured portion? ~es _No
Professional Liability
Each Occurrence Required $ \ft\~ \ \ Provided $ '2tt'\~\ \ Exp. Date ~
Per Aggregate Required $ .. . I Provided $ \ClD \i... Exp. Date I. I I
Other Insurance
Each Occur Type:
Required $
County required to be named as additional insured?
County named as additional insured?
Indemnification
Does indemnification meet County standards?
Is County indemnifying other party?
Performance Bond
Bond requirement referenced in contract?
Ifattached, expiration date of bond
Does dollar amount match contract?
Agent registered in Florida?
,
/Yes
=?~
~es
No
No
No
No
Provided $ '4ai \ \
Provided $ '2. P\ \. \ \
Provided $ \~, \ \
Provided $.. I I
Provided $ ~ 'I-
Provided $ \rY\: \ ~
Provided $ \ f'r"\\ \ \
Provided $ \' ~,
Provided $ " . I
Exp. Date ~IO
Exp. Date It "
Exp. Date If , .
Exp. Date ~I "
Exp. Date , , "
EXPDate~\ID
Exp Date ~
Exp Date
Exp Date
Provided $ Exp Date
~~-~ ~
~s
Yes
~
Yes
No
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: ~-t 50 .
Chairman's signature block?
Clerk's attestation signature block?
County Attorney's signature block?
Attachments
Are all required attachments included?
Yes
Yes
No
No
~
~Yes
No
~es
Yes
es
~
No
No
No
No ~
ReViewer Imtlals: . \ ~
Date: \ ,-r-'\
04-COA-OI030/2 V
www.sunbiz.org .. Department of State
Page 1 of3
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Florida Profit Corporation
AIM ENGINEERING & SURVEYING, INC.
Filing Information
Document Number L80948
FEI/EIN Number 650197775
Date Filed 06/18/1990
State FL
Status ACTIVE
Last Event AMENDMENT
Event Date Filed 10/05/2009
Event Effective Date NONE
Principal Address
5300 LEE BOULEVARD
BOX 1235
LEHIGH ACRES FL 33971 US
Changed 04/23/1993
Mailing Address
P.O. BOX 1235
LEHIGH ACRES FL 33971 US
Changed 03/20/2009
Registered Agent Name & Address
HULL, JERRON K
5300 LEE BOULEVARD
LEHIGH ACRES FL 33971 US
Name Changed: 04/02/2001
Address Changed: 04/26/1995
Officer/Director Detail
Name & Address
Title P
HULL, JAMES D
5300 LEE BLVD
LEHIGH ACRES FL
Title T
WILSON, JENA
5300 LEE BOULEVARD
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www.sunbiz.org - Department of State
Page 2 of3
LEHIGH ACRES FL 33971
Title V
HULL, JADON
5300 LEE BLVD
LEHIGH ACRES FL 33971
Title VS
HULL, JERRON K
5300 LEE BLVD
LEHIGH ACRES FL
Title V
POTTER, ROBERT L
5300 LEE BLVD
LEHIGH ACRES FL 33971 US
Title V
CHIN, FRANCIS R
5300 LEE BLVD
LEHIGH ACRES FL 33971 US
Annual Reports
Report Year Filed Date
2008 04/21/2008
2009 03/20/2009
2010 02/03/2010
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Page 3 of3
Note: This is not official record. See documents if question or conflict.
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COPYright and Privacy Policies
Copyright @ 2007 State of Florida, Department of State.
http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inCL doc _ number= L80948&inq... 3/1212010
I HEREBY CERTIFY that the foregoing Written Resolution of the
Board of Directors of AIM Engineering & Surveying, Inc., dated
April 23, 2009 is a true and correct copy.
~
(Notary)
Printed Name: Laurie Bendola
My Commission Expires:
8/13/2011
Seal:
...
WRITTEN RESOLUTION
OF THE BOARD OF DIRECTORS
OF AIM ENGINEERING & SURVEYING, INC.
The undersigned, being the sole director of AIM Engineering & Surveying, Inc., hereby
takes the following actions in lieu of a meeting, pursuant to the authority of the Florida
General Corporation Act:
RESOLVED that James D. Hull is hereby authorized and empowered to enter
into on behalf of the Corporation and contracts he deems necessary and proper to
carry out the business of the Corporation. He is further authorized to execute
other such documents as are necessary to secure such contra.cts in the name and
on the behalf of the Corporation.
RESOLVED that Jerron K Hull is hereby authorized and empowered to enter
into on behalf of the Corporation and contracts he deems necessary and proper to
carry out the business of the Corporation. He is further authorized to execute
other such documents as are necessary to secure such contracts in the name and
on the behalf of the Corporation.
RESOLVED that Jena Wilson is hereby authorized and empowered to enter into
on behalf of the Corporation and contracts she deems necessary and proper to
carry out the bUsiness of the Corporation. She is further authorized to execute
other such documents as are necessary to secure such contracts in the name and
on the behalf of the Corporation.
RESOLVED that Jadon D. Hull is hereby authorized and empowered to enter into
On behalf of the Corporation and contracts he deems necessary and proper to
carry out the business of the Corporation. He is further authorized to execute
other such documents as are necessary to secure such contracts in the name and
on the behalf of the Corporation.
RESOLVED that Robert L. Potter is hereby authorized and empowered to enter
into on behalf of the Corporation and contracts he deems necessary and proper to
carry out the business of the Corporation. He is further authorized to execute
other such documents as are necessary to secure such contracts in the name and
on the behalf of the Corporation.
RESOLVED that Francis Chin is hereby authorized and empowered to enter into
On behalf of the Corporation and contracts he deems necessary and proper to
carry out the business of the Corporation. He is further authorized to execute
other such documents as are necessary to secure such contracts in the name and
on the behalf of the Corporation.
RESOLVED that Tracy Levy is hereby authorized and empowered to enter into
on behalf of the Corporation and contracts she deems necessary and proper to
carry out the business of the Corporation. She is further authorized to execute
other such documents as are necessary to secure such contracts in the name and
on the behalf of the Corporation.
RESOLVED that Michael R. Adams is hereby authorized and empowered to enter
into on behalf of the Corporation and contracts he deems necessary and proper to
carry out the business of the Corporation. He is further authorized to execute
other such documents as are necessary to secure such contracts in the name and
on the behalf of the Corporation.
RESOLVED that Thomas 0. Deer is hereby authorized and empowered to enter
into on behalf of the Corporation and contracts he deems necessary and proper to
carry out the business of the Corporation. He is further authorized to execute.
other such documents as are necessary to secure such contracts in the name and
on the behalf of the Corporation.
RESOLVED that Jack Ruskai is hereby authorized and empowered to enter into
on behalf of the Corporation and contracts he deems necessary and proper to carry
out the business of the Corporation. He is further authorized to execute other
such documents as are necessary to secure such contracts in the name and on the
behalf of the Corporation.
RESOLVED that Bernard Lee Flynn, IlL is hereby authorized and empowered to
enter into on behalf of the Corporation and contracts he deems necessary and
proper to carry out the business of the Corporation. He is further authorized to
execute other such documents as are necessary to secure such contracts in the
name and on the behalf of the Corporation.
RESOLVED FURTHER, that the sole Director of the Corporation be, and hereby
is, authorized to execute this written action, and that upon such execution, this
written action be and as of that time, it hereby be approved and adopted as the
act and deed of the Board of Directors of this Corporation.
Dated: April 23. 2009
.. .
RESOLVED FURTHER, that the following officers are duly qualified and acting
Officers of the Corporation:
Name
James D. Hull
Jena Wilson
Jerron K. Hull
Jadon D. Hull
Tracy A. Levy
Michael R. Adams
Francis R. Chin
Robert L. Potter
Thomas O. Deer
Jack Ruskai
Bernard Lee Flynn, III
Signature
Officer
President
Treasurer
Vice-President I Secretary
#'~
{j,~
Vice-President
Vice-President
Vice-President
Vice-President
Vice-President
Vice-President
Vice-President
Vice-President
RESOLVED FURTHER, that the sole Director of the Corporation be, and hereby is,
authorized to execute this written action, and that upon such execution, this written action be and
as of that time it hereby is approved and adopted as the act and deed of the Board of Directors of
this Corporation.
Dated: April 23, 2009
Z:IJ"I/OJ~\WR11TENRESOLUTION.dDt:
MEMORANDUM
TO: Ray Carter
Risk Management Department
FROM: Diana De Leon, Contract Technician
Purchasing Department
DATE: March 10,2010
RE: Review Insurance for Contract: #09-5262 "County-Wide
Engineering Services"
Contractor: Aim Engineering
This Contract was approved by the BCC on March 9, 2010, Agenda Item 10.C
Please review the Insurance Certificates for the above referenced contract. If
everything is acceptable, please forward to the County Attorney for further review
and approval. Also, please advise me when it has been forwarded. Thank you.
If you have any questions, please contact me at extension 8375.
MEMORANDUM
TO: Ray Carter
Risk Management Department
FROM: Diana De Leon, Contract Technician
Purchasing Department
DATE: March 1,2010
RE: Review Insurance for Assumption of Contract: #09-5262 "County-
Wide Engineering Services"
Contractors: AECOM USA
v' AIM
Allied Universal
Ardaman
Camp Dresser & McKee
CH2M Hill
Coastal Engineering Consultants
Coastal Planning
Consul-Tech
CPH
David Plummer
EMA
Hole Montes
HSA (Rare Earth)
Johnson
Matern
Pelican
Q. Grady Minor
RWA
T Y Un Int'l
Tindale-Oliver
TLC
URS Corp
Vanus
Wilson Miller
This Contract has not been approved by the BCC.
Please review the Insurance Certificates for the above referenced contract. If
everything is acceptable, please return to Purchasing. Thank you. If you
have any questions, please contact me at extension 8375.
mausen_g
From:
Sent:
To:
Cc:
Subject:
RaymondCarter
Wednesday, March 10,20103:29 PM
DeLeon Diana
mausen_g
Contracts for 09-5262 "CountyWide Engineering Services"
Diana Good Afternoon;
I have approved the certificate(s) of insurance for the following vendors for contract 09-5262
. AIM~
. Allied Universal
. Ardaman
. Camp Dresser & McKee
. Coastal Engineering Consultants
. Consul-Tech
. CPH
. David Plummer
. EMA
. HDR Engineering, Inc.
. Hole Montes
. Johnson
. Kisinger Campo & Associates
. Tetra Tech, Inc
. Tindale-Oliver
. URS Corp
. Vanus
. Wilson Miller
Per our discussion you will provide Risk with the required CAO RLS/Cover Sheet, and the proper coversheet for Risk
Management for the vendor contracts above. We will insert and send each of these contracts to the County Attorney's
Office for their review after we process.
I will send you under a separate email the list of vendors that have deficiencies in their certificates.
Thank you,
Ray
~~
Manager Risk Finance
Office 239-252-8839
Cell 239-821-9370
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send
electronic mail to this entity. Instead, contact this office by telephone or in writing.
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