#07-3947 (PBS&J)
Contract 013947 U-.
"Professional CEI Services for SR 84
from Radio Road to CR 951" Project #60073
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this ~day of October, 2009, by and
between the Board of County Commissioners for Collier County, Florida, a political subdivision
of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and Post,
Buckley, Schuh, and Jernigan, Inc., authorized to do business in the State of Florida, whose
business address is 5300 West Cypress Street, Suite 200, Tampa, FL 33607-1757 (hereinafter
referred to as the "CONSULTANT").
WIT N E SSE T H:
WHEREAS, the OWNER desires to obtain the professional Construction, Engineering
and Inspection (CEI) services of the CONSULTANT concerning SR 84 from Radio Road to
CR 951 (hereinafter referred to as the "Project"), said services being more fully described in
Schedule A, "Scope of Services", which is attached hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
and
WHEREAS, the CONSULTANT represents that it has expertise In the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
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ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Construction, Engineering and
Inspection (CEI) services in all phases of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County,
Florida, including, but not limited to, all licenses required by the respective state boards and
other governmental agencies responsible for regulating and licensing the professional services
to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates John Brandvik, P.E., a qualified licensed professional to serve
as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project
Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the
CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote
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whatever time is required to satisfactorily manage the services to be provided and performed by
the CONSULTANT hereunder. The Project Coordinator shall not be removed by
CONSULTANT from the Project without OWNER'S prior written approval, and if so removed
must be immediately replaced with a person acceptable to OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from Owner to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any
governmental agencies, including the Florida Building Code where applicable, which regulate or
have jurisdiction over the Project or the services to be provided and performed by
CONSULTANT hereunder. In the event of any conflicts in these requirements, the
CONSULTANT shall notify the OWNER of such conflict and utilize its best professional
judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of
the design documents in no way relieves CONSULTANT of its obligation to deliver complete
and accurate documents necessary for successful construction of the Project.
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1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt
written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK
(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have
common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement -
EOP, etc) , and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through an Amendment to this Agreement, CONSULTANT
shall furnish or obtain from others Additional Services of the types listed in Article Two herein.
The agreed upon scope, compensation and schedule for Additional Services shall be set forth in
the Amendment authorizing those Additional Services. With respect to the individuals with
authority to authorize Additional Services under this Agreement, such authority will be as
established in OWNER'S Administrative Procedures in effect at the time such services are
authorized. These services will be paid for by OWNER as indicated in Article Five and
Schedule B. Except in an emergency endangering life or property, any Additional Services must
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be approved in writing via an Amendment to this Agreement prior to starting such services.
OWNER will not be responsible for the costs of Additional Services commenced without such
express prior written approval. Failure to obtain such prior written approval for Additional
Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional
Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a
part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a
change in the Agreement is required because of the action taken by CONSULTANT in response
to an emergency, an Amendment shall be issued to document the consequences of the
changes or variations, provided that CONSULTANT has delivered written notice to OWNER of
the emergency within forty-eight (48) hours from when CONSULTANT knew or should have
known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above,
waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its
compensation or time of performance under this Agreement. The following services, if not
otherwise specified in Schedule A as part of Basic Services, shall be Additional Services:
2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
2.2. Services resulting from significant changes in the general scope, extent or character of the
Project or its design including, but not limited to, changes in size, complexity, OWNER'S
schedule or character of construction; and revising studies, reports, design documents or
Contract Documents previously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
reasonably anticipated prior to the preparation of such studies, reports or documents, or are due
to any other causes beyond CONSULTANT'S control and fault.
2.3 Providing renderings or models for OWNER'S use.
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2.4 Investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; and evaluating processes available for licensing and
assisting OWNER in obtaining such process licensing.
2.5. Furnishing services of independent professional associates and consultants for other than
the Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by OWNER, other than visits to the Project site or OWNER's office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided
for herein.
2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise
provided for in this Agreement or not customarily furnished in Collier County as part of the Basic
Services in accordance with generally accepted professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S services for the Project. However, the Project Manager is not
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authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatever:
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by
the CONSULTANT for payment for services and work provided and performed
in accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to OWNER's
requirements for the Project, including design objectives and constraints,
space, capacity and performance requirements, flexibility and expandability,
and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings, specifications,
shop drawings, product literature, previous reports and any other data relative
to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under this
Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
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ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts
of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to
have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
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reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or
remedies available to the OWNER hereunder, the OWNER at its sole discretion and
option may withhold any and all payments due and owing to the CONSULTANT until
such time as the CONSULTANT resumes performance of its obligations hereunder in
such a manner so as to reasonably establish to the OWNER's satisfaction that the
CONSULTANT'S performance is or will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be
deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or
any other damages hereunder.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other
technical data, other than working papers, prepared or developed by or for CONSULTANT
under this Agreement ("Project Documents"). OWNER shall specify whether the originals or
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copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall
be solely responsible for all costs associated with delivering to OWNER the Project Documents.
CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and
internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER
to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use on this Project.
CONSULTANT warrants to OWNER that it has full right and authority to grant this license to
OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to
complete the Project following CONSULTANT'S termination for any reason or to perform
additions to or remodeling, replacement or renovations of the Project. CONSULTANT also
acknowledges OWNER may be making Project Documents available for review and information
to various third parties and hereby consents to such use by OWNER.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as may
be required by law. OWNER, or any duly authorized agents or representatives of OWNER,
shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and during
the five (5) year period noted above, or such later date as may be required by law; provided,
however, such activity shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold
harmless OWNER, its officers and employees from any and all liabilities, damages, losses and
costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent
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caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or
anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other rights or
remedies which otherwise may be available to an indemnified party or person described in this
paragraph 8.1.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to
this Agreement.
9.2 All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3 All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy,
Professional Liability policy, and the Workers Compensation policy,
provided by CONSULTANT to meet the requirements of this Agreement
shall name Collier County, Florida, as an additional insured as to the
operations of CONSULTANT under this Agreement and shall contain a
severability of interests provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse
against OWNER for payment of premiums or assessments for any
deductibles which all are at the sole responsibility and risk of
CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any
insurance or self-insurance program carried by OWNER applicable to this
Project, and the "Other Insurance" provisions of any policies obtained by
CONSULTANT shall not apply to any insurance or self-insurance program
carried by OWNER applicable to this Project.
9.3.4. The Certificates of Insurance, which are to be provided in the form
attached as Attachment I to Schedule D, must identify the specific Project
name, as well as the site location and address (if any).
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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.
9.3.6. All insurance policies to be provided by CONSULTANT pursuant to the
terms hereof must expressly state that the insurance company will accept
service of process in Collier County, Florida and that the exclusive venue
for any action concerning any matter under those policies shall be in the
appropriate state court situated in Collier County, Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and
received by OWNER, except such rights as they may have to the proceeds of such
insurance held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the
Department of Insurance of the State of Florida to transact the appropriate
insurance business in the State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial
rating of "Class VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
or use of the services of any other person or firm by CONSULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything in this Agreement be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
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Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not
be removed or replaced without OWNER'S prior written consent.
1 0.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the
subconsultant or subcontractor, to be bound to the CONSULTANT by terms this Agreement,
and to assume toward the CONSULTANT all the obligations and responsibilities which the
CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or
subcontract agreement shall preserve and protect the rights of the OWNER under this
Agreement with respect to the Services to be performed by the subconsultant or subcontractor
so that the subconsulting or subcontracting thereof will not prejudice such rights. Where
appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into
similar agreements with its sub-subconsultants or sub-subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, and except those previously made in writing
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in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment
by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, and/or
(b) CONSULTANT'S failure to properly and timely perform the services to be provided
hereunder or as directed by OWNER, and/or (c) the bankruptcy or insolvency or a general
assignment for the benefit of creditors by CONSULTANT and/or by any of CONSULTANT'S
principals, officers or directors, and/or (d) CONSULTANT'S failure to obey any laws, ordinances,
regulations or other codes of conduct, and/or (e) CONSULTANT'S failure to perform or abide by
the terms and conditions of this Agreement, and/or (f) for any other just cause. The OWNER
may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7)
calendar days written notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
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portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession Dr under its control.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty-five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
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portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth-in-Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs
supporting the compensation for CONSULTANT'S services to be provided under this
Agreement are accurate, compiete and current at the time of the Agreement. The
CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement price
was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
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ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT
to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
OWNER'S address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department, Building G
3301 Tamiami Trail East
Naples, FL 34112
Attention: Steven Y. Carnell
Fax: 239-252-6584
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:
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Post, Buckley, Schuh, and Jernigan, Inc.
1514 Broadway, Suite 203, Fort Myers, Florida 33901
Telephone: 239-334-7275
Fax: 239-334-7277
Attn: Michael Jordan, P.E., Group Manager.
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and
assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any
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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 SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSUL TANTS AND
SUBCONTRACTORS
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be
brought in the appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
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ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement. At the time this Agreement is
executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate
identified in Article 13 and attached hereto and made a part hereof as Schedule E.
CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with
a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real
property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with
any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the
convicted vendor list."
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ARTICLE TWENTY
DISPUTE RESOLUTION
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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 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 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update on the
Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per
contract term. Presentations shall be made in a properly advertised Public Meeting on a
schedule to be determined by the County Manager or his designee. Prior to the scheduled
presentation date, the Contractor shall meet with appropriate County staff to discuss the
presentation requirements and format. Presentations may include, but not be limited to, the
following information: Original contract amount, project schedule, project completion date and
any changes to the aforementioned since Notice to Proceed was issued.
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for 01-3947 Professional CEI Services for SR 84 from Radio Road to CR 951 the
t&--
day and year first written above.
ATTEST:
---....
..'.0.'.....
.-'~~:~ ",
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
c.
()
/fJ
By: ^(th--rr"l.,A. JA:-<t~
Donna Fiala, Chairman
,
.'
. )
. (
). .
Assi ta t County Attorney
J"E.r f,. Wl\'G.t\1"
Post. Buckley. Schuh. and JerniQan. Inc.
/
/
v'
Witness
l-Y?r
ifJ!cA4</ R. R,r4rJ+ ~N'C{ 'PrJ(,{ f"J;>Jt(,
Typed Name and itle
/~"'~~;-72 ~ /~
Witness /
C),f1smPItf'J L:bbYJ {::c!JAJ~Tr<Jcr""." M~-'9~~r
Typed Name and Title
Item # I (p(3 '3
;~:da 1D1/3/m
~~~d {t I rei eft
M
Deputy CI8Ik
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SCHEDULE A
SCOPE OF SERVICES
"Consulting, Engineering and Inspection (CEI) Services for SR 84 from Radio
Road to CR 951", Project # 60073
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1.0
PURPOSE..... ... ... ... ... ... ... ....
............. A2
2.0
SCOPE ...... ... ......... ............ ... ... ... ...... ...... .... . '" ............. ... ... ..... A2
3.0
DEFINITIONS... .... ... ............... ...... ... ....... ......
A2
4.0
ITEMS TO BE FURNISHED BY COLLIER COUNTY TO
CONSULTANT... ...... ... ... ...... ... ........ ........
A3
5.0
ITEMS FURNISHED BY THE CONSULTANT..
A3
6.0
LIAISON ... .... ... ... ... ... ... ." ... ... ... ... ... ... ... ... ... ......
A6
70
COOPERATION AND PERFORMANCE OF THE
CONSULTANT.
A6
8.0 REQUIREMENTS. ................................................................. A7
8.1 General.. .......... ............................... ............................ A7
8.2 Survey Control... ... ... ... ... ...... ... ........ .... ... ....... ... ... ...... ..... A8
8.3 On-site Inspection... ...... ... ..... ... ... ..... .. ....... ... ... ..... A8
8.4 Testing .. ....... ...... ... ....... ... ... ... ... ... .... ... .... ... ... ... .... .... A8
8.5 Management Engineering Services ... ... ... ... ....... ........ ...... ..... A9
8.6 Contractor's CPM Schedule ... . ... ...... ... ... ...... ... ... .. ... ... ... ... A14
8.7 Constructability Review......... ... ... ...... ...... ....... ... ...... ... ... ..... A15
9.0
PERSONNEL ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ......... '" ... ... A16
9.1 General Requirements ... ......... ... ....... . ... ...... ... ... ... ... ... ... A16
9.2 Personnel Qualifications ... ... ....... ...... ... ...... ... ...... ................. A16
93 Staffing ......... ... ... ... ... ...... ... ... ....... ... ... ... ...... ... ... ... .... ... ... A16
9.4 Licensing for Equipment Operation ........ ... ......... ...... .... A17
-
10.0
SUBCONSULTANT SERVICES .......
....................... A17
11.0 OTHER SERVICES ................................................................................ AI7
12.0 POST CONSTRUCTION CLAIMS REViEW................................................. AI8
13.0 CONTRADICTIONS ..... ... ...... ............... .................. ......... ........................... AI8
14.0 LENGTH OF SERVICE .................................................................................. AI8
15.0 INVOICING INSTRUCTION ....................................................................... A18
EXHIBIT "A-A" - MINIMUM TRAINING AND EXPERIENCE STANDARDS
FOR CONSULTANT PERSONNEL .................... ................................................ ..AA I
SCOPE OF SERVICES
CONSTRUCTION ENGINEERING AND INSPECTION
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1.0 PURPOSE:
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This scope of work describes and defines the services, which are required for construction
engineering, inspection, materials sampling and testing, and contract administration for the
construction project listed below.
2.0 SCOPE:
The CONSTUL T ANT shall be responsible for construction engineering and administrative
functions as defined in this Scope of Services and referenced manuals and procedures,
which are normally handled by a Florida Department of Transportation (FDOT) Project
Engineer. The CONSULTANT shall utilize effective control procedures, which will assure
that the construction of the project listed below is performed in reasonable conformity with
the plans, specifications, and contract provisions for such projects.
The project for which the services are required is:
COUNTY Project No:
Description:
County:
60073
SR 84 from Radio Road to CR 951
Collier
The CONSULTANT shall provide technical and administrative personnel meeting the
requirements set forth in Section 9.0 ofthis Scope of Services in appropriate numbers at the
proper times to ensure that the responsibilities assigned under this Agreement are
effectively carried out. All construction, engineering, inspection and administration
activities shall be performed in accordance with the established standard procedures and
practices of the Florida Department of Transportation. Prior to furnishing any services, the
CONSULTANT shall be familiar with those FDOT standard procedures and practices and
with the procedures and practices for construction, engineering, inspection and contract
administration used by Collier County Transportation Engineering and Construction
Management Department (T.E. & C.M.D.).
The Construction Project Manager will track the execution of the construction contract in
order to ensure that the CONSULTANT is given timely authorization to begin work.
While no personnel shall be assigned until written notification by the Construction Project
Manager has been issued, the CONSULTANT shall be ready to assign personnel within
two weeks of notification. For the duration of the project, the CONSULTANT shall
coordinate closely with the Construction Project Manager and Contractor to minimize
rescheduling of CONSULT ANT activities due to construction delays or changes in
scheduling of Contractor activities.
3.0 DEFINITIONS:
A. CONSULTANT Senior Proiect Engineer: The Engineer assigned by the
CONSULTANT to manage one or more Construction Projects. This person
may supervise other CONSULTANT employees and act as the lead Engineer
for the CONSULTANT.
B. CONSULTANT Proiect Engineer: The Engineer assigned by the CONSULTANT to
manage this project.
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C. Construction Proiect Manager: The Collier County T.E. & C.MD. employee assigned to
manage the Construction Engineering and Inspection Contracts. The Construction Project
Manager will be in responsible charge and direct control of the projects.
D. CONSULTANT: The Consulting firm under contract to Collier County for administration
of Construction Engineering and Inspection services.
E. Contractor: The individual, firm, or company contracting with Collier County T.E. &
C.M.D. for performance of work or furnishing of materials.
F. Contract: The written Agreement between Collier County and the Contractor setting forth
the obligations of the parties thereto, including but not limited to the performance of the
work, furnishing oflabor and materials, and the basis of payment.
G. CONSULTANT Contract: The written Agreement between Collier County and the
CONSULTANT setting forth the obligations of the parties thereto, including but not
limited to the performance of the work, furnishing of services, and the basis of payment.
H. Engineer of Record: The Engineer noted on the Construction plans as the responsible
person for the design and preparation of the plans.
r. Community Liaison: The Collier County employee assigned to manage Public Information
for the Collier County T.E. & C.M.D.
J. OWNER: The Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida.
K. COUNTY: Collier County, a political subdivision of the State of Florida.
4.0 ITEMS TO BE FURNISHED BY COLLIER COUNTY TO CONSULTANT:
A. The following items will be furnished by Collier County T.E. & C.M.D.
on an as needed basis. The CONSULTANT shall submit a request in
writing for needed items to the Construction Project Manager.
I. Contract documents for each project as follows:
5 sets Construction Plans - II" x I T
5 sets Special Provisions
I copy Contract Form
2. All standard forms for use under the terms of this Agreement will be
provided in hard copy at the Pre-Services meeting and via electronic
mail. The CONSULT ANT shall utilize only Collier County forms
on the project.
5.0 ITEMS FURNISHED BY THE CONSULTANT:
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The COUNTY will require a satellite office for this project. The CONSULTANT shall be
reimbursed for allowed expenses associated with this satellite office. The otlice must have
at a minimum the following essential items to support the project:
Office space within a desired radius to the project for the duration of the project
Office telephone
Copier rental/lease
Consultant shall list this fixed monthly cost as a line item of the cost proposal titled Field
Office Expenses", and shall also be listed as such on invoices submitted to the COUNTY
for payment.
A. The CONSULTANT shall also furnish such other storage and parking space, as approved
by the Construction Project Manager, to effectively carry out their responsibilities under
this Agreement. The CONSULT ANT shall provide the appropriate number of vehicles to
accommodate their project personnel.
Equipment supplied by the CONSULTANT shall consist of items determined by the
Construction Project Manager to be essential in order to carry out the work under this
Agreement. The CONSULTANT will provide all survey equipment, testing equipment,
photographic equipment, tapes, rules, and any other items necessary.
B. All applicable FDOT documents shall be a condition of this Agreement. The documents
normally required by the CONSULTANT are listed below. The CONSULTANT shall
review this list and obtain those documents that are not in his possession as well as any
other applicable docwnent that may be required that are not listed below. Most items can
be purchased through the following address. All others can be acquired through the
District Otlice or on-line at www.dol.stale.fl.us.
Florida Department of Transportation
Maps and Publication Sales
605 Suwannee Street, M.S. 12
Tallahassee, Florida 32399-0450
Telephone No. (904) 488-9220
Documents normally required by the CONSULTANT shall include, but are not limited to,
the following list of documents. The version to be used shall be in compliance with the
project plans and specifications.
I. Materials Directivcs: Directives convcy certain FDOT practices and procedures relating to
san1pling and testing of materials entering into construction project.
2. Materials Sampling, Testing, and Reporting Guide: This schedule sets out the method of
acceptance for minimum sampling frequency, san1ple, size, responsibility for sampling,
responsibility for tcsting, tcst namc, appropriate report form nwnber, and sample
identifications information for material to be incorporated into construction project.
3. Qualified Products List of Approved Material Sources and Subsequent Updates.
4. Each of the following estimate preparation aids providcd by the FDOT:
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Field Standards for Final Estimates Manual
Basis of Estimate Manual
Sample Computations Manual
Final Estimate Preparation Short Course
5. Field Sampling and Testing Manual (FOOT & ASTM)
FOOT Standard Specifications for Road and Bridge Construction and
Supplements (for all field personnel).
7. FOOT Roadway and Traffic Design Standards (for all field personnel).
8. FOOT Structures Standards.
9. Manual on Uniform Traffic Control Devices (MUTCD).
10. Utility Accommodation Guide (FOOT)
A list ofFDOT Training Courses relating to Construction Enginecring and Inspection.
C. Field Equipment
I. Includes those non-consumable, non-expendable items which are normally needed for a
CEI project, including but not limited to the following: vehicles, facsimile machines,
calculators, tape recorders/ transcribers, typewriters, computers, word processors, printers,
cameras, camcorders. communication equipment, toolboxes, fire extinguishers, first aid
kits, flashers, hard hats, safety vests, life vests (if applicable), level/rod, tripod, roll-a-
meters, rain gear, shovels wheelbarrows, hammers, portable water coolers, gauges,
engineering scales, tape measures, drafting tools, slump cone, tamping rod, nuclear density
machine, measuring wheel, thermometer, flashlights, speedy moisture kits, and turbidity
meters.
2. Use-cost equipment described herein and expendable materials under this Agreement will
remain the property of the CONSULTANT and shall be removed at completion of the
work. Vehicles and hard hats shall have the name and phone number of the consulting firm
visibly displayed.
The CONSULTANT shall retain responsibility tor risk of loss or damage to said equipment
during performance of this Agreement.
CONSULTANT personnel using equipment furnished by them shall input all computer
coding. The CONSULTANT will also furnish computer services/software needed for
project scheduling, documentation, and control (PrimaveralSuretrak, Claim Digger, etc.).
Ownership and possession of computer equipment and related software, which is provided
by the CONSULTANT, shall remain at all times with the CONSULTANT. The
CONSULTANT shall retain responsibility for risk of loss or damage to said equipment
during performance of this Agreement. Field office equipment should be maintained and
operational at all times.
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6.0 LIAISON:
The CONSULTANT shall be fully responsible for carrying out all functions assigned to it
by this Agreement on the construction projects. All activities and decisions of the
CONSULTANT relating to the projects shall be subject to review and approval by the
Construction Project Manager.
The CONSULTANT shall provide coordination of all activities, correspondence, reports
and other communications related to its responsibilities under this Agreement necessary for
the Construction Project Manager to carry out his responsibilities.
In performing their duties, the CONSULTANT shall utilize the standard forms provided at
the Pre-Services meeting. The CONSULTANT shall utilize an Action Request form for all
requests related to CONSULT ANT Contract/administrative issues. The Action Request
form shall be submitted under separate cover to Construction Project Manager with all
accompanying required documentation (Resumes, Certifications, etc.) to each. The content
and format of the Action Request form shall be in accordance with the instructions
provided by the Collier County T.E. & C.M. D.
Construction engineering and inspection forces will be required of the CONSULTANT at
all times while the Contractor is working under the construction contract. If Contractor
operations are suspended, the CONSULTANT will reduce its staff appropriately.
In the event that the suspension of Contractor operations requires the removal of
CONSULTANT forces from the project, the CONSULTANT will be allowed ten (10) days
maximum to demobilize, relocate, or terminate such forces.
It shall be the CONSULTANT'S responsibility to ensure that sufficient funds to complete
services under this Agreement remain in the CONSULTANT Contract at all times. In the
event of construction project delays or changes beyond the control of the CONSULTANT,
which affect the terms of this Agreement, the CONSULTANT shall submit a Supplemental
Amendment Request to Collier County. These requests will be submitted for County
approval and execution prior to performing additional work and prior to funds expiration,
consistent with and in accordance with the Contract Status Report, or other approved report
for tracking CONSULTANT Contract funds. Supplemental Agreements preparation,
submission, and subsequent follow-up activities are the responsibility of the
CONSULTANT in accordance with Section 8.5 (29) and (30), Management Engineering
Services.
7.0 COOPERATION AND PERFORMANCE OF THE CONSULTANT:
During the term of this Agreement, the Construction Project Manager will review various
phases of CONSULTANT operations, such as construction inspection, materials sampling
and testing, and administrative activities, to determine compliance with this Agreement and
to confirm that construction work and administrative activities are performed in reasonable
conformity with FDOT and Collier County T.E. & C.M. policies, plans, specifications, and
Contract provisions. The CONSULTANT shall cooperate and assist the Construction
Project Manager in conducting the reviews. If deficiencies are indicated, the
CONSULTANT shall implement remedial action immediately in conformance with Collier
County T.E. & C.M.D. recommendations. Collier County T.E. & C.M.D.
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recommendations and CONSULTANT responses/actions are to be properly documented by
the Construction Project Manager. No additional compensation shall be allowed for
remedial action taken by the CONSULTANT to correct deficiencies. Remedial actions and
required response times may include, but are not necessarily limited to, the following:
A. Further subdivided assigned inspection responsibilities, reassign inspection personnel, or
assign additional inspection personnel, within one week of notification.
B. Replace personnel whose performance has been determined by the Construction. Project
Manager to be inadequate. Personnel whose performance has been determined to be
unsatisfactory shall be removed immediately.
C. Immediately increase the frequency of job control testing in phases of work that are the
CONSULTANT's responsibility.
O. Increase the scope and frequency of all training conducted by the CONSULTANT.
Additionally, FOOT personnel may make special reviews of any project. The
CONSULTANT shall fully cooperate with and assist in making such reviews.
8.0 REQUIREMENTS:
8.1 General:
It shall be the responsibility of the CONSULTANT to administer the Contract to assure that
the project is constructed in reasonable conformity with the plans, specifications, and
Contract provisions.
Thc CONSULTANT shall observe the Contractor during various operations to ensure the
materials and methods used by the Contractor conform to the specifications of the
Construction Contract, the FOOT Standard Specifications for Road and Bridge
Construction, and designated Notes on the plans.
No CONSULTANT under contract with Collier County to perform construction
engineering and inspection or material sampling and testing on a particular project shall
subcontract with the Contractor to perform Quality Control activities on the same
construction project.
The CONSULTANT shall advise the Construction Projcct Manager of any omiSSIOns,
substitutions, defects, and deficiencies noted in the work of the Contractor and the
corrective action taken. Work provided by the CONSULTANT shall not relieve the
Contractor 0 f responsibility for the satisfactory performancc of the Construction Contract.
8.2 Survey Control:
The CONSULTANT shall verify the existence and accuracy of location for all reference
points and baseline control points indicated on the plans. The CONSULTANT shall
reestablish any missing or disturbed control points as required to maintain the accuracy for
survey control.
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The CONSULTANT shall establish the survey control baseline(s) along with suflicient
baseline control points and benchmarks at appropriate intervals along the project for use by
the CONSULTANT in performing verification surveys of construction layout. The
CONSULTANT shall:
I. Make and record measurements nccessary to calculate and document quantities for pay
items;
2.
Make and record preconstruction cross section surveys of the project site
earthwork (i.e., embankment, excavation, subsoil excavation, etc.) is part
construction project.
where
of the
3. Perform incidental engineering surveys necessary to carry out the services covered by this
Agreement and to verify and confirm the accuracy ofthe Contractor's survey layout work.
8.3 On-site Inspection:
The CONSULTANT shall monitor the Contractor's on-site construction operations and
inspect materials entering into the work as required to assure that the projects are
completed in reasonable conformity with the plans, specifications, and other Construction
Contract provisions. The CONSULTANT will monitor all off-site activities and
fabrication. The Consultant shall keep detailed accurate records of the Contractor's daily
operations and of significant events that afTect the work.
The standard procedures and practices for inspection of construction projects are set out in
thc FDOT Construction Manual. In general, the CONSULTANT shall perform in
accordance with these standard procedures and practices and with other accepted practices
as appropriate and authorized by the Construction Project Manager.
CONSULTANT employees responsible for Work Zone tratTic control plan design,
implementation, inspection, and/or for supervising the selection, placement, or maintenance
of traffic schemes and devices in work zones shall be certified according to FDOT
guidelines for Maintenance of Tramc Training (Topic No. 625-0 10-0 I O-a).
8.4 Testing:
The CONSULT ANT shall perform, in conjunction with an independent, licensed
laboratory, whose selection has been approved in writing by the Construction Project
Manager, hired by the CONSULT ANT, sampling and testing of component materials and
completed work items so that the materials and workmanship incorporated in the project
are in reasonable conformity with the plans specifications and contract provisions. The
minimum sampling frequencies set out in the Florida Department of Transportation
Materials Sampling, Testing and Reporting Guide shall be met. In complying with the
aforementioned guide, the CONSULTANT shall perform all on-site sampling of materials
and such testing of materials and complcted work items that are normally done in the
vicinity of the project. Inspcction and sampling of materials and components required at
locations remote from the vicinity of the project and testing of materials normally done in a
laboratory remote from the project site will also be included.
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The CONSULT ANT shall be specifically responsible for determining the acceptability of
all materials and completed work itcms on the basis of either test results or verification of a
certification, certified mill analysis, 0.0.1'. labcl, 0.0.1'. stamps, etc.
The Construction Project Manager will monitor the effectiveness of the CONSULTANT'S
testing procedures by obtaining and testing independent assurance samples. Independent
assurance sampling is necessary to verify compliance with the specifieation requirements.
The CONSULTANT shall notify the Construction Project Manager of schedules for
sampling and testing as the work progresses on the construction contract so that Progress
and Final Record sampling can bc accomplished at the discretion of the County at the
proper time.
The CONSULTANT shall also be responsible for the progress record sampling of reinforcing
steel. The CONSULTANT shall perform all necessary surveillance and inspection of the
on-site hot-mix asphalt operations. The CONSULT ANT shall provide surveillance and
acceptance sampling and testing at any hot-mix asphalt plant providing mixes to a project
under a Quality Assurance Specification.
The CONSULTANT shall transport laboratory samples to the appropriate laboratory. The
CONSULTANT shall provide daily surveillance of the Contractor's Quality Control
activities at the project site in regard to concrete and perform acceptance sampling at the
specified frequency.
Sampling, testing and laboratory methods shall be as required by the Florida Department of
Transportation's Standard Specifications or as modified by the contract provisions.
Documentation reports on sampling and testing shall be submitted to responsible parties during the
same week that the construction work is done or as otherwise directed by the Construction
Project Manager.
The CONSULTANT shall supply CTQP (Construction Training Qualification Program) qualified
technicians for concrete inspection.
The CONSULTANT shall supply CTQP qualified Asphalt Paving and Plant Technicians for
asphalt inspcction.
The CONSULTANT shall supply CTQP qualified Earthwork Construction Inspection
Technicians for embankment, pipe backfill, subgrade, base and asphalt inspection.
8.5 Management Engineering Services:
The CONSULTANT shall perform all management-engineering services necessary to
properly coordinate the activities of all parties involved in completing the projeet. These
include maintaining complete, accurate records of all activities and events relating to the
project; properly documenting all significant project changes; interpreting plans,
specifications, and Construction Contract provisions in conjunction with the Engineer of
Record; making recommendations to Construction Projcct Manager to resolve Construction
Contract disputes; and maintaining an adequate level of surveillance of Contractor
activities. The CONSULTANT shall also perform other management engineering services
normally assigned to a Project Engineer that are required to fulfill its responsibilities under
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this Agreement. All recording and documentation will comply with standard FDOT and
COLLIER COUNTY procedures, formats, and content. Services include, but are not
limited to, the following:
(1) Schedule and attend, within ten (10) days after the Notice to Proceed, a pre-service
conference for the project in accordance with FDOT Procedure 700-000-000-a.
At the pre-service meeting the CONSULT ANT shall submit Action Request packages for
Personnel Approval for immediate staff needs and a copy/computer file of the final
negotiated stafIing. The CONSULTANT shall record a complete and concise record of the
proceedings of the meeting and distribute copies of these minutes to the participants and
other interested parties within seven (7) days of the mceting date.
(2) Prepare and submit to the Construction Project Manager for county approval, within thirty
(30) days after the pre-service meeting, a hard copy of the project specific CONSULTANT
Contract administration documents listed below. The CONSULT ANT Contract
administration documents, which shall be routinely used by the CONSULTANT
throughout the project, shall be in the format and content provided by Collier County T.E.
&C.M.D.
The CONSULTANT Contract administration documents consist of but are not limited to
the documents listed below:
a. Action Request FornI
CONSULTANT Authorization to Execute Work Orders
Letter of Transmittal Form
Request For Supplemental Services
Scopc of Services Supplement No.
Contract Status Report, or other approved fund tracking report
CEI CONSULTANT Firm Estimated StafIing (completed in accordance with the
original CONSULTANT Contract agreement)
CEI CONSULTANT Fee Proposal
CEI CONSULTANT Data
(3) Schedule and conduct a preconstruction conference for the project in accordance with
Article 8-3.5 of the FDOT Standard Specifications for Road and Bridge Construction.
Record significant information revealed and decisions made at this conference and
distribute copies of these minutes to thc appropriate parties. The meeting shall also be
electronically recorded and the CONSULTANT shall maintain all tapes of the meeting for
the duration of the Contract.
(4) Maintain on a daily basis a completc and accurate record of all activities and events relating
to the project and a record of all work completed by the Contractor, including quantities of
pay items in conformity with Final Estimates preparation procedures and specifications.
(5) Maintain a Project Diary in conformity with FDOT format.
(6) Maintain a log of all materials entering the work with proper indication of the basis of
acceptance of each shipment of material.
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(7) Maintain records of all submittal dates and testing accomplished under Section 8.2 - 8.7 of
this Exhibit "A" and analyze such records required to ascertain acceptability of materials
and completed work items.
(8) Once each month, prepare a comprehensive tabulation of the quantity of each pay item
satisfactorily completed to date. Quantities shall be based on daily records or calculations.
Calculations shall be retained. The tabulation will be used for preparation of the Monthly
Progress Estimate.
(9) For interpretations of the plans, specifications, and Contract proVISIOns, the
CONSULTANT shall consult with the Construction Project Manager when an
interpretation involves complex issues or may have an impact on the cost of performing the
work. Whcn warranted, the Construction Project Manager may request an interpretation
from the Engineer of Record. The Construction Project Manager shall coordinate all
requests for involvement of the Engineer of Record.
(10) Analyze problems that arise on a project and proposals submitted by the Contractor and
prepare and submit a recommendation to the Construction Project Manager.
(II) Analyze changes to the plans, specifications, or Construction Contract provisions and extra
work which appear to be necessary to carry out the intent of the Contract when it is
determined that a change or extra work is necessary and such work is within the scope and
intent of the original Construction Contract. Recommend such changes to the Construction
Project Manager for approval.
(12) Manage the Contractor's CPM Schedule in accordance with the requirements outlined in
Section 8.6, Contractor's CPM Schedule.
(13) Analyze major problems that arise on the project and prepare a recommendation to the
Construction Project Manager.
(14) When it is determined that a modification to the original Contract for a project is required
due to a necessary change in the character of the work, negotiate prices with the Contractor
and prepare the required Work Order Directive and change order in accordance with
applicable Collier County procedures. The CONSULTANT shall provide an analysis of
the cost and/or time adjustments associated with the Work Order Directive.
(15) In the event that the Contractor gives either written or verbal notice that he deems certain
work to be performed is beyond the scope of the Contract and that he intends to claim
additional compensation, the CONSULTANT shall maintain accurate cost account records
of such work. These records shall include manpower and equipment times and materials
installed (temporary or permanent) in the portion of the work in dispute.
(16) In the event that the Contractor for a project submits a claim for additional compensation,
the CONSULT ANT shall analyze the submittal and prepare a recommendation to Collier
County Project Manager covering validity and reasonableness of charges and conduct
negotiations leading to recommendations for settlement of the claim. Maintain complete,
accurate force account and other records of work involved in claims.
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(17) In the event that the Contractor for a project submits a request for extension of the
allowable Contract time, analyze the request and prepare a recommendation to
Construction Project Manager covering accuracy of statements and the actual effect of
delaying factors on completion of controlling work items.
(18) Prepare the Final Estimate and submit to the Construction Project Manage, with backup
computations accompanying Computations Booklet in accordance with FDOT Field
Standards for Final Estimates Manual. This task must be completed within Twenty (20)
calendar days after conditional or final acceptance of a project by Collier County T.E. &
C.M.D.
(19) Monitor each construction project to the extent necessary to determine whether
construction activities violate the requirements of any permits. For each project that
requires the use of the NPDES General Permit, supply at least one inspector who has
successfully completed the '"Florida Stormwater, Erosion, and Sedimentation Control
Training and Certification Program for Inspectors and Contractors." Notify the Contractor
of any violations or potential violations and require his immediate resolution of the
problem. Violations must be reported to the construction Project Manager immediately.
NPDES Erosion Control Inspection Requirements (if implemented by the Department of
Environmental Protection): Those facilities that have an NPDES Permit and which
discharge storm water from construction activities directly to waters of the United States
which are listed on the EP A approved 303( d) list for total suspended solids (TSS), or other
indicators of solids transportation such as turbidity, siltation, or sedimentation shall comply
with the following:
a. The permittee shall monitor by grab sample by a Certitied NPDES Inspector, during
regular working hours, once per month within the tirst 30 minutes of a qualifying event or
within the first 30 minutes of the beginning of the discharge of a previously collected
qualifYing event for Settleable Solids (mil), Total Suspended Solids (mg/l), Turbidity
(NTUs), and flow (MGD).
b. Where the receiving water has flow upstream form the discharge, a background sample for
Settleable Solids, Total Suspended Solids, and Turbidity shall be taken in stream at mid
depth and immediately upstream form the influence of the discharge of storm water from
the site.
c. The soil type and average slope of the drainage area for each outfall shall be reported with
the Discharge Monitoring Report submitted in accordance with section '"e" (below).
d. A qualifying event for the purpose of this section is a rain event 01'0.5 inches or greater in a
24-hour period as determined by the project rain gauge.
e. Data collected in accordance with the above items shall be submitted to Environmental
Protection Agency, the Florida Department of Environmental Protection, Construction
Project Manager and a copy retained for the project file.
f Collect, store, and transport the samples per NPDES Storm Water Sampling Guidance
Document (EPA 883-B-92-001).
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g. Flow at the outfall should be estimated by Section 3.2.2 of the NPDES Storm Water
Sampling Guidance Document.
h. Within 48 hours of collection of samples, deliver the samples to a laboratory.
l. Shop drawing/sample submittals shall be coordinated and the status tracked as each
progress through review and approval. The CONSULTANT shall actively encourage all
reviewers to accomplish reviews promptly.
(20) Provide timely coordination between the Contractor and utility companies to assure that
conflicting utilities are removed, adjusted, or protected in place to minimize delays to
construction. Documentation will be maintained in accordance with FDOT procedures.
(21) The CONSULTANT Project Engineer will conduct a weekly meeting as required with the
respective Contractor, subcontractors, and/or utility companies to review plans, schedules,
problems, and other concerns. The Community Liaison shall attend these meetings. The
CONSULTANT shall record the results of the meeting in written minutes. The
CONSULTANT shall distribute the meeting minutes as directed by the Construction
Project Manager. These meetings shall also be recorded electronically and the
CONSULTANT shall maintain the tapes for the duration of the Contract.
(22) Conduct and document field reviews of the maintenance of traffic operation during and
after normal working hours and on weekends, nights, and holidays. Special concern shall
be given to pedestrian and bicycle access throughout the work.
(23) Perform survey work when required or requested by the Construction Proj ect Manager.
(24) Produce reports; verify quantity calculations, and field measure for payment purposes as
needed to prevent delays in Contractor operations.
(25) With each monthly invoice submittal, the CONSULT ANT Project Engineer will provide a
reviewed and approved Contract Status Report for the CONSULTANT Contract. This
report will supply the CONSULTANT Project Engineer's accounting of the additional
Contract calendar days allowed to date, an estimate of the additional Contract calendar days
anticipated to be added to the original Contract schedule time, an estimate of the Contract
completion date, and an estimate of the CONSULTANT funds expiration date per
CONSULTANT Contract schedule for the prime CONSULTANT and for each
subconsultant.
(26) When the CONSULTANT identifies a condition that will require an Amendment to the
CONSULTANT Contract, the CONSULTANT will communicate the need to the
Construction Project Manager for an approval in concept. Once received, the
CONSULTANT shall prepare and submit the request and all accompanying documentation
to the Construction Project Manager and for approval and further processing. The
CONSULTANT shall submit the amendment request prior to the depletion of the
CONSULTANT Contract funds (consistent with and in accordance with the Contract
Status Report) and shall allow Collier County adequate time to process, approve, and
execute the amendment. The content and format of the amendment request and
accompanying documentation shall be in accordance with the instructions and format for
the Collier County T.E. & C.M.D.
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(27) The CONSULTANT for the project shall be responsible tor performing follow-up activities
to determine the status of each contract amendment submitted to the Construction Project
Manager.
(28) The Construction Project Manager will normally perform a CONSULTANT CEI
PERFORMANCE EVALUATION at the completion of the project. The Construction
Project Manager will meet with the CONSULTANT, at the CONSULTANT'S request, to
discuss the performance evaluation.
(29) Provide general public information services as required. Prepare "Road Alerts" for
Community Liaison's release concerning lane closures, traffic switchovers, detours, etc.
Inquiries trom public otllcials and the news media shall be directed to the otllce of the
Community Liaison for coordination. Prepare newsletters for distribution to adjacent
property owners as may be required. The Construction Project Manager must approve, in
conjunction with the Community Liaison, all brochures, responses to news media, etc..
prior to release.
(30) Prepare and submit to the Construction Project Manager monthly, a Construction Status
Report.
(31) Video tapes the preconstruction conditions throughout the project limits. Provide a digital
photo log of project activities, with heavy emphasis on potential claim items/issues and on
areas of real/potential public controversy. The Consultant shall use a software system fully
compatible with Collier County Sotlware to manage the digital picture album system.
8.6 Contractor's CPM Schedule:
Initial CPM Review and Validation
The CONSULTANT shall analyze the Contractor's CPM Schedules for completeness and flow of
activities, assuring that this schedule meets the Contract documents. This overview will
validate that the schedule is functional, the information provided is reasonable, and the
Contractor's plan tor project completion within the Contract time is reasonable.
The CONSULTANT shall providc the Contractor a written review that identities any
significant omissions, improbable durations, or errors in logic and provide the Construction
Project Manager with recommendations pertinent to planning and scheduling the project
work and completion of the project within the allowed Contract time.
Monthly Progress Review
The CONSULTANT shall track Contractor actual progress against the baseline schedule
and conduct a monthly schedule update meeting with the Contractor. The CONSULTANT
shall assure the Contractor complies with all requirements for periodic schedule updates
and review the updates within 15 days to determine their accuracy. The CONSULTANT
shall review all schedule changes. The CONSULTANT shall identify and document any
future or existing problems and require the Contractor to disclose in writing his plans for
preventing or resolving these problems. The CONSULTANT shall prepare and distribute
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minutes of the Monthly Progress Review meeting-to-meeting attendees and other interested
parties.
Contract Modifications
The CONSULTANT shall assure that Contract modifications are based in the latest
approved schedule and reflected in the next version of the Contractor schedule.
Planning
The CONSULTANT shall work with the Contractor to establish a two-week look ahead
schedule indicating expected Contractor work for discussion at the regular progress
meetings. The anticipated work activities will be reviewed with all affected utility
companies. The CONSULTANT shall use this schedule to establish whether or not the
Contractor's near term plan will resolve or mitigate any previously unanticipated conflict or
Issues.
As Built Plan
The CONSULTANT shall check and verify the accuracy of the Contractor's as-built
construction plans monthly by comparing it with the Contractor's daily logs.
8.7 Constructability Review:
The CONSULTANT may be requested to provide a Constructability Review for the 60%
and 90% design plans. This review shall be conducted by the CONSULTANT utilizing his
experience and knowledge to perform a complete review of the project including the
following items: design, environmental issues, permitting, maintenance of traffic, right of
way, utility coordination and construction methods and procedures. The review will
include field visits, notation of special environmental or job site conditions and a thorough
review of the plans, specifications, contract documents and bid items. The
CONSULTANT will notify the Engineer of Record and the Construction Project Manager
of his findings and work with them to resolve the issues.
The Constructability Review shall be the first task of work to be completed. The review
and reports shall be completed and transmitted to the Construction Project Manager within
fourteen (14) days of the date the County issues the appropriate plans for review.
During the Constructability Review, the CONSULT ANT shall be sure to address the
following items:
Make sure the description of work is clear and concise.
Review the list of pay items to ensure that all items of work are appropriately covered.
Review the summary of quantities to be sure all given quantities is accurate.
Review and comment on whether or not the construction sequence phasing and
maintenance of traffic have been correctly addressed and handled.
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Be sure contract allows an adequate amount of time to reasonably construct the contract.
Review the contract documents to ensure that the actual field conditions have been
investigated and clearly represcnted in the documents.
Review such items as Utilities Right of Way, Drainage, Maintenance of Traffic,
Construction Sequences and Phasing, Permit Conditions, Quantities and Equipment
requirements, Note any items that may cause problems with the project.
Consider and comment on the field inspection standards, geotechnical investigation
requirements, environmental compliance requirements and maintenance of traffic concepts.
Determine the feasibility of construction equipment ingress, egress and placement at the
jobsite including right of way and/or construction easement requirements, soil conditions to
support heavy equipment.
The CONSULTANT used in the review shall be an individual who will be involved in the
actual construction of the overall projects. They shall be thoroughly knowledgeable of
current specifications, policies and procedures used by Collier County and FDOT for the
design and construction of highway facilities.
9.0 PERSONNEL:
9.1 General Requirements:
The CONS UL T ANT shall staff the project with the qualified personnel necessary to
efficiently and effectively carry out its responsibilities under this Agreement. Acceptable
staffing of personnel to be assigned to this project is outlined in Exhibit "A-A."
9.2 Personnel Qualifications:
The CONSULTANT shall utilize only competent personnel, qualified by experience and
education. The CONSULTANT shall submit in writing to the Construction Project
Manager the names of personnel proposed for assignment to the project, including a
detailed resume for each with respect to salary, education, and experience. Minimum
qualifications for the CONSULTANT personnel are set forth in Exhibit "A-A" to this
Agreement. The CONSULTANT Action Request form for personnel approval shall be
submitted to the Construction Proiect Manager at least two weeks prior to the date an
individual is to report to work.
9.3 Staffing:
Once authorized, the CONSULT ANT shall establish and maintain an appropriate staff
through the duration of construction and completion of the final estimate. Responsible
personnel, thoroughly familiar with all aspects of construction and final measurements of
the various pay items, shall be available to resolve disputed final pay quantities until the
appropriate Contract has been paid off
Proposed stan: including qualifications, must be submitted using Action Request forms
provided by Collier County. These will be previewed and preapproved by the Construction
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Project Manager. Previously approved staff, whose performance is unsatisfactory, shall be
replaced by the CONSULTANT within one week of Collier County notification. Personncl
identified in the CONSULTANT technical proposal are expected to be assigned as
proposed and are committed to performing services under this CONSULTANT Agreement.
Personnel changes will require written approval from Collier County.
As Contractor operations on a Contract diminish, the CONSULTANT shall appropriately
reduce the personnel it has assigned to that project. Construction engineering and
inspection forces are required of the CONSULTANT at all times while the Contractor is
working on the Contract, but if Contractor operations stop, the CONSULTANT shall
reduce its forces accordingly. CONSULTANT personnel adjustments recommended by the
Construction Project Managcr will be accomplished within one week of notification. The
CONSULTANT will be allowed a maximum often (10) days to demobilize, relocated, or
terminate its forces in the event conditions occur that require removing CONSULTANT
forces from the project.
9.4 Licensing for Equipment Operation:
The CONSULTANT will be responsible for obtaining proper licenses for equipment and
for personnel operating such equipment. CONSULTANTS operating nuclear surface
moisture-density gauges on Collier County projects are required to comply with Section X
of FOOT's revised "Manual for Safety and Control of Equipment Containing Radioactive
Materials" (a.k.a. Nuclear Manual).
10.0 SUBCONSULTANT SERVICES:
The CONSULTANT may subcontract for engineering, inspection, materials testing, or
specialized professional services with prior written approval of the County. If required, the
CONSULT ANT shall provide all geotechnical services for this project.
11.0 OTHER SERVICES:
Upon written authorization by the Construction Project Manager, the CONSULTANT will
perform additional services in connection with the project not otherwise identified in this
Agreement. The following items are not included as part of this Agreement, but may be
required by Collier County T.E. & C.M.D. to supplement the CONSULTANT services
under this Agreement.
Assist in the timely preparation of all claims and necessary rebuttals with the
organization of any and all supporting documentation as needed or required by Collier
County pursuant to the Collier County Alternative Dispute Resolution Procedures.
Provide qualified engineering witnesses and exhibits for any litigation or hearings 1Il
connection with the Contract.
Assist the County Attorney or his designee as directed in the preparation for Binding
Arbitration and Pre-Suit Mediation.
Provide on- and oft~site inspection servIces 1Il addition to those provided for 1Il this
Agreement.
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12.0 POST CONSTRUCTION CLAIMS REVIEW:
In the event the Contractor for the project submits a claim for additional compensation
and/or time after the CONSULTANT has completed this Agreement, the CONSULTANT
shall, at the written request from Collier County, analyze the claim, prepare a
recommendation to the Construction Project Manager covering validity and reasonableness
or charges, and/or assist in negotiations leading to settlement of the claim. Compensation
will be separately reimbursed by a Supplement to this Agreement.
13.0 CONTRADICTIONS:
In the event of a contradiction between provisions of this Scope of Services and the
CONSULTANT'S proposal, the provisions of the Scope of Services shall override other
considerations.
14.0 LENGTH OF SERVICE:
The CONSULTANT services for the Contract shall begin upon written notification to
proceed by the Construction Project Manager.
This notice to proceed will be issued anytime subsequent the award of a Contract at Collier
County's discretion. The length of services as herein established for Contract on the
CONSULTANT beginning work when notified and continuing to work until acceptance.
For estimating purposes the CONSULTANT will be allowed an accumulation of thirty-
(30) working days to perform preliminary administrative services prior to the issuance of
the Contractor's notice to proceed on the first project to begin and thirty- (30) calendar
days subsequent final acceptance of the Contract to be completed.
The anticipated letting schedules and construction times for the projects are tabulated
below:
Construction Estimate
County Letting Date
Project No. (Mo/DaylYr)
60073 6/1/2009
Consultant's Estimate
Start Date Duration Time Start Date Duration Time
(Mo/DaylYr) (Days) (Mo/DaylYr) (Days)
10/1/2009 550 6/1/2009 550
15.0 INVOICING INSTRUCTIONS:
Monthly invoices shall be submitted to Collier County in a format approved by Collier
County, no later than the 20th day of the month following the month being invoiced.
If the CONSULTANT cannot submit their monthly invoice on time, the CONSULTANT
shall notity Collier County, prior to the due date the reason for the delay and the planned
submittal date. Once submitted, thc CONSULTANT shall notify the Construction Project
Manager via E-Mail of the total delay in calendar days and the reason(s) for the delay(s).
All invoices shall be submitted to Collier County in hard copy format.
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EXHIBIT "A-A"
MINIMUM TRAINING AND EXPERIENCE STANDARDS FOR CONSULTANT
PERSONNEL *
Before the project begins, all project staff shall have posses all the knowledge, skills, and
abilities required in obtaining the necessary certifications for performing the duties of the
position they hold. The Senior Project Engineer and the Project Engineer shall ensure the
FDOT's current practices, policies, and procedures are met throughout the course of the
project. Cross training of the Consultant's project staff is highly recommended to ensure a
knowledgeable and versatile project inspection teanl, but shall not be at any additional cost
to Collier County and should occur as work load permits. Current FDOT certifications
may be used until specified time limits as posted in the Construction Training
Qualifications Manual (CTQP) unless expiration occurs sooner. Visit the FDOT Web page
under training for current dates.
SENIOR PROJECT ENGINEER - A Civil Engineering degree plus registration by the
Florida State Board of Engineers Examiners as a Professional Engineer (or if registered in
another state, the ability to obtain registration in Florida within six months) and six (6)
years of engineering experience (two (2) years of which are in major road and bridge
construction), or ft)r non-degreed personnel the aforementioned registration and ten (10)
years of engineering experience (two (2) years of which are in major road or bridge
construction. Qualifications include the ability to communicate effectively in English
(verbally and in writing). Direct a highly complex and specialized construction
engineering administration and inspection program. Plan and organize the work of
subordinate and staff members. Develop and/or review policies, methods, practices, and
procedures; and review programs for conformance with FDOT standards. Also must have
the following:
Qualifications: None
Certifications: MOT Level II A TTSA or 1M SA.
A Master's Degree in Engineering may be substituted for two (2) years experience.
PROJECT ENGINEER - A Civil Engineering degree plus two (2) years engineering
experience in construction of major road or bridge structures, or eight (8) years of
responsible and related engineering experience (two (2) years of which involved
construction of major road and bridge structures). Receives general instructions regarding
assignments and is expected to exercise initiative and independent judgment in the solution
of work problems. Directs and assigns specific tasks to inspectors and assists in all phases
of the construction project. Will be required to attend the Final Estimate Preparation
Seminar. Should have knowledge of FDOT Field Standards. Will be responsible for the
progress and final estimates throughout the construction project duration. Must have the
following:
Qualifications:
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Asphalt Roadway Levell! (will require Roadway Level I written exam)
Certifications:
MOT Levell! A TTSA or 1M SA
A Master's Degree in Engineering may be substituted for one (I) year of experience.
OFFICE ENGINEER - High school diploma or equivalent and four (4) years of road and
bridge construction engineering inspection (CEI) experience having performed/assisted in
the following project related duties: CQR progress and final estimates, Supplemental
Agreement/Amendment processing, etc; or a Civil Engineering degree and completion of
the Final Estimates Preparation Seminar. Should exercise independent judgment in
planning work details and making technical decisions related to the office aspects of the
project and accept general supervision and verbal instructions from Project Resident
Engineer. Should be familiar with the FOOT Procedures covering project-related duties as
stated above and be proficient in the computer programs necessary to perform these duties.
Shall become trained in Multi-Line, Engineering Menu, and complete the State's Final
Estimate Self Study course and attend the Final Estimate Preparation Seminar for Constant
CEls or the District-Specific Final Estimate Preparation Seminar.
OFFICE MANAGER - High school graduate or equivalent plus three (3) years of
secretarial and/or clerical experience including two (2) years experience in construction
office management having performed the following office related duties: CQR, progress
and final estimates, EEO compliance, Supplemental Agreement/Amendment processing,
etc. Experienced in the use of standard word processing software. Should exercise
independent initiative to help relieve the supervisor of clcrical detail. Assists the Project
Engineer in office-relatcd duties (i.e., CQR, progress and tinal estimates, EEO compliance,
Supplemental Agreement/Amendment processing, etc.). Works under the general
supervision of the Senior Project Engineer and staff. Notc: This position will not be used
if an Ofticc Engineer is being utilized.
SENIOR INSPECTOR - High school graduate or equivalent plus four (4) years of
experience in construction inspection, two (2) years of which shall have been in bridge
and/or roadway construction inspection, plus thc following:
Qualitications:
Concrete Field Inspector Level I
Concrete Transportation Construction Inspector (CTCI) Levell! (major bridge only)
Asphalt Roadway Level I (If applicable)
Asphalt Roadway Levell! (If applicable)
Earthwork Construction Inspection Lcvel I
Earthwork Construction Inspection Levell!
FOOT Pile Driving Inspection (lfapplicable)
FOOT Drilled Shaft Inspection (If applicable)
Certifications:
MOT Levell! A TTSA or 1M SA
Nuclear Radiation Safety
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ACI Level I or a Civil Engineering degree and one (I) year of road and bridge CEl
expenence.
Responsible for perfonning highly complex technical assignments in field surveying and
construction layout, making and checking engineering computations, inspecting
construction work and conducting field tests, and is rcsponsible for coordinating and
managing the lower level inspectors. Work is performed under the general supervision of
the Project Engineers.
INSPECTOR - High school graduate or equivalent plus two (2) years experience in
construction inspection, one (I) year of which shall have been in bridge and/or roadway
inspection plus the following:
Qualifications:
Concrete Field Inspector Levell
Asphalt Roadway Level I (If applicable)
Earthwork Construction Inspection Level I
FOOT Pile Driving Inspection (If applicable)
FOOT Drilled Shaft Inspection (If applicable)
Certifications:
Nuclear Radiation Safety
ACI Level I or a Civil Engineering graduate.
Responsible for performing assignments in assisting Senior Inspector in the performance of
their duties. Receive general supervision from the Senior Inspector who reviews work
while in progress. Civil Engineering graduates must obtain certifications within the first
year of working as an inspector. Exceptions will be permitted on a case-by-case basis as
long as certification is appropriate for specific inspection duties.
ASPHALT PLANT INSPECTOR - High school graduate or equivalent plus one (I) year
experience in the surveillance and inspection of hot mix asphalt plant operations and the
following:
Qualifications:
Asphalt Plant Level I
Asphalt Plant Level II
SECRETARY/CLERK TYPIST - High school graduate or equivalent with two (2) years
of secretarial and/or clerical experience. Ability to type at a rate of 35 correct words per
minute. Experienced in the use of standard work processing software. Should cxercise
independent initiative to help relieve the supervisor of clerical detail. Works under general
supervision of the Project Engineer and their staff.
GEOTECHNICAL ENGINEER - A Professional Engineer (PE) duly registered under
Florida State Rule and Statute, plus four (4) years experience as a Geotechnical Engineer in
responsible charge of the geotechnical work on at least two (2) major bridges with drilled
shaft or pile foundations (whichcver is appropriate). Shall have experience using the
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drilled shaft inspection device and osterburg cells in conjunction with load tests on drilled
shafts or experience using the Pile Driving Analyzer (PDA), CAPW AP & WEEP programs
for pile analysis.
GEOTECHNICAL TECHNICIAN - High School diploma plus three (3) years
experience working under a Geotechnical Engineer setting up instrumentation and
monitoring the geotechnical work. Able (0 perform detailed calculations and follow
detailed technical instructions.
*
Exceptions to these minimum standards will be considered on an individual submittal basis.
The Construction Project Manager will make recommendations on all personnel action
requests.
END OF SCHEDULE A
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SCHEDULE B
BASIS OF COMPENSATION
DIRECT LABOR COSTS PLUS REIMBURSABLE EXPENSES
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice, a progress report reflecting the Project construction status, in terms of the
total work effort estimated to be required for the completion of the Basic Services and any then-
authorized Additional Services, as of the last day of the subject monthly billing cycle. Among
other things, the report shall show all Service items and the percentage complete of each item.
B1.1.1 All monthly status reports and invoices shall be mailed to the attention of:
James Zuver, Engineering Inspector/Project Manager
Transportation Engineering and Construction Management Department
2885 South Horseshoe Drive
Naples, Florida 34104
(239) 252-8192, (239) 252-5771 fax
jameszuver@colliergov.net
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly
payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and
Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no
event shall such compensation exceed the amounts set forth in the table below.
--
ITEM TASK NOT TO EXCEED
AMOUNT:
1. Construction Engineering and $ 1,291,917 Monthly Based Upon
Inspection Services Percent Complete
2. Testing Services $ 10,000 Monthly Based Upon
Percent Complete
3. Survey Services $ 10,000 Monthly Based Upon
Percent Complete
4. Field Office Expenses $ 52,000 Time and Materials
TOTAL FEE (Total Items 1-4) $ 1,363,917
B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive)
paid to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll
related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in
the Attachment B to this Schedule B.
B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time
records, and any other documentation reasonably required by OWNER, regarding
CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved
by OWNER.
B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees
to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services
to be provided. The negotiated fee shall be based upon the rates specified in Attachment B to
TPA# 1953637_9 PSA A-I
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this Schedule B and all Reimbursable Expenses shall comply with the provisions of Section
3.5.1 below. There shall be no overtime pay on Basic Services or Additional Services without
OWNER'S prior written approval.
B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed under
the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies
and out-of-pocket expenses incurred in the performance of all such services.
B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for Services
performed under this Agreement, CONSULTANT shall continue to perform the Services
required of it under this Agreement, as directed by OWNER, pending resolution of the dispute
provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not
dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services
and Additional Services during the subject billing month. Notwithstanding anything herein to the
contrary, the CONSULTANT shall submit no more than one invoice per month for all fees and
Reimbursable Expenses earned that month for both Basic Services and Additional Services.
Invoices shall be reasonably substantiated, identify the services rendered and must be
submitted in triplicate in a form and manner required by Owner. Additionally, the number of the
purchase order granting approval for such services shall appear on all invoices.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be
submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and
the Project name and shall not be submitted more than one time monthly.
B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the
applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage Owner
has determined CONSULTANT has completed such task as of that particular monthly billing.
B.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed invoice
with supporting documentation.
B.3.5 Unless specific rates have been established in Attachment B, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized
by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum
markup of 5% on the fees and expenses associated with such subconsultants and
subcontractors.
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B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the
CONSULTANT, and shall consist only of the following items:
B.3.5.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and Specifications.
B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by OWNER. Such expenses, if
approved by OWNER, may include coach airfare, standard accommodations and meals, all in
accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may
include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such
trips within Collier and Lee Counties are expressly excluded.
B.3.5.1.3. Permit Fees required by the Project.
B.3.5.1.4 Expense of overtime work requiring higher than regular rates
approved in advance and in writing by OWNER.
B.3.5.1.5 Expense of models for the County's use.
B.3.4.1.6 Other items on request and approved in writing by the OWNER.
B.3.5.2 Should a conflict exist between the dollar amounts set forth in Section 112.061, F.S.,
and the Agreement, the terms of the Agreement shall prevail.
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SCHEDULE B - ATTACHMENT A
SCHEDULE OF FEES FOR BASIC SERVICES
"Consulting, Engineering and Inspection (CEI) Services for:
SR 84 from Radio Road to CR951"
Task 1. Construction Enqineerinq & Inspection Services: Not to exceed
. Complete record keeping of activities and events
. Document significant changes to the project
. Contract, plan, and specification interpretation
. Dispute resolution (contractor and the public)
. Surveillance of contractors activities
. Verify Contractor's monthly pay requests
. Monitor Contractor's maintenance of traffic
$1,291,917
Task 2. Testinq Services: Not to exceed $10,000
. Provide field sampling and material testing per contractor quality control verification
requirements.
. Provide quality control services per contractor quality control verification requirements.
Task 3. Survey Services (As Needed): Not to exceed
. Bench mark verification
. Cross-section verification
. Spot check contractor lay-out as needed
. Reference and reset certified corner records as needed
$10,000
TP A# 1953637.1)
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Field Office Expenses: Time and materials: Not to exceed
. Rent
. Phone/Fax/ Internet Connection
. Electric
. Cleaning service
. Copier (Rental and Maintenance)
$52,000
Total for Items 1 through 4 $1,363,917
'Due to the nature of a large construction project, while the total dollar amount might remain the
same, there may be some fluctuation in the task categories calculations.
TPA#1953637.9
PSA
BA-2
TPA#1953637.9
SCHEDULE B - ATTACHMENT B
CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE
"Consulting, Engineering and Inspection (CEI) Services for:
SR 84 from Radio Road to CR951"
Title
Consultant's Employee Hourly Rate Schedule
Hourly Rate
$ 135.00 Ihr
$ 114.00/hr
$ 85.00 Ihr
$135.00/hr
$ 85.00/hr
$ 85.00 Ihr
$ 50.00 Ihr
$ 65.00/hr
$ 80.00/hr
$140.00/hr
$165.00/hr
$ 50.00/hr
Senior Project Engineer
Project Administrator
Senior Utility Inspector
Professional Surveyor/Mapper (Gaines)
Senior Inspector
Plant Inspector
Inspector Aide
Inspector
Survey Technician (Gaines)
2 Survey Crew (Gaines)
3 Survey Crew (Gaines)
Office Manager
END OF SCHEDULE B.
PSA
1683
88-1
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SCHEDULE C
PROJECT SCHEDULE
"Consulting, Engineering and Inspection (CEI) Services for:
SR 84 from Radio Road to CR951"
Task 1. Construction EnQineerinQ & Inspection Services: 550 days from Notice to Proceed
. Complete record keeping of activities and events
. Document significant changes to the project
. Contract, plan, and specification interpretation
. Dispute resolution (contractor and the public)
. Surveillance of contractors activities
. Verify Contractor's monthly pay requests
. Monitor Contractor's maintenance of traffic
Task 2. TestinQ Services: As Needed
. Provide field sampling and material testing per contractor quality control verification
requirements.
. Provide quality control services per contractor quality control verification requirements.
Task 3. Survey Services:
. Bench mark verification
. Cross-section verification
. Spot check contractor lay-out as needed
. Reference and reset certified corner records as needed
As Needed
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SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements
or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any
of the below listed minimum required coverages, CONSULTANT must identify on the Certificate
of Insurance the nature and amount of such self-insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the services until the date of completion and acceptance of the Project by the OWNER or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the
OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages
and limits required hereunder. In addition, certified, true and exact copies of all insurance
polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
certificates shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until at least thirty (30) days prior written notice has been given to
the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24)
hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverages or limits received by CONSULTANT from its insurer, and nothing contained herein
shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in
TPA#1953637.9
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the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or
self insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not constitute
approval or agreement by the OWNER that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and maintain, until
the completion of the subconsultant's services, insurance of the types and to the limits specified
in this Section except to the extent such insurance requirements for the subconsultant are
expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand,
OWNER has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall
be under no obligation to purchase such insurance, nor shall it be responsible for the coverages
purchased or the insurance company or companies used. The decision of the OWNER to
purchase such insurance coverages shall in no way be construed to be a waiver of any of its
rights under the Agreement.
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
TPA#1953637.9 l'SA D~2
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CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure
of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a
material breach by CONSULTANT and OWNER may terminate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? ~ Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one)
$1 00,000 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.
TPA#1953637.9
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_ Applicable
X Not Applicable
1683
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
_ Applicable
X Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? X Yes No
(1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance
by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the
following:
_ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
_ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
X General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
TPA#1953637,9
PSA
$300,000
$300,000
$300,000
$300,000
$ 50,000
$500,000
$500,000
$500,000
$500,000
$ 50,000
$1,000,000
$1,000,000
$1,000,000
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Each Occurrence
Fire Damage
$1,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects
away from premises owned by or rented to you." Applicable deductibles or self-insured
retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured
retentions carried by the CONSULTANT shall be subject to the approval of the Risk
Management Director or his/her designee.
(3) The OWNER shall be named as an Additional Insured and the policy shall be
endorsed that such coverage shall be primary to any similar coverage carried by the OWNER.
(4) Coverage shall be included for explosion, collapse or underground property damage
claims.
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
_ Applicable
X Not Applicable
(7) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
_ Applicable
X Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? X Yes No
TPA#\953637,9
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(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance Dr 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
_ $1,000,000 each claim and in the aggregate
TPA#1953637,9
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X $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. Notwithstanding anything herein to the contrary, in no event shall the policy
deductible be greater than $50,000 each claim. Deductibles in excess of that amount shall
require the prior written approval of the Risk Management Director or his/her designee, at their
discretion.
(3) The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to OWNER of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material
change in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1) CONSULTANT shall 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.
TPA#1953637.9
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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.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
c. Current deductibles/self-insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
TPA#1953637.9
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SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Post, Buckley, Schuh and Jernigan, Inc. hereby certifies that wages, rates and other
factual unit costs supporting the compensation for the services of the CONSULTANT to be
~7 e~
provided under the Professional Services Agreement, concerning 08'-3947 Professional CEI
013 .leG))
Services for SR 84 from Radio Road to CR 951, Project #6016'rare accurate, complete and
current as of the time of contracting.
Post, Buckley, Schuh, and Jernigan, Inc.
BY:
. Q,rl.t\N~
TITLE:
DATE:
6}2.1012~UJq
TPA#1953637,9
PSA
,,~ I
_.___,__..,__M__'_~___~__'_""."W__.__^,.___~_._
1683
SCHEDULE F
KEY PERSONNEL, SUBCONSUL T ANTS AND SUBCONTRACTORS
Michael Ryan, P.E., PMP Senior Project Engineer 20%
Chris Libby Project Administration 100%
Kelly Adams Contract Support Specialist 100%
Enrique "Rick" Gonzalez Senior Roadway Inspector 100%
Tomasz Trebacz Roadway Inspector 100%
Felix Baez Utility Inspector 33%
Sharon Kirkpatrick Secretary/Clerical 100%
Juan Moreno Roadway/Utility Inspector (contingency) 100%
TPA#19536379
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ACORQ. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDOIVY)
10/15/09
PRODUCER 1-866-220-4625 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Holmes Murphy and Associates - Omaha ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2637 South 158th Plaza ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 200
Omaha, NE 68130 INSURERS AFFORDING COVERAGE
---- - -..--------- _.~-- --..-------
INSURED ' INSURER A: Zurich Amer!~an_-.-!_~l:lurance Comcanv/#16535
Post, Buckley, Schuh & Jernigan, Inc.
d/b/a PBS&J ~SURER B: American Guarantee and Liabili ty Ins. eo / #26247
2001 NW l07th Avenue INSURER c: Steadfast Insurance Company/#26387
-----
Miami. FL 33172-2507 ~_URER D:
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
~ --,._-". ---- POLICY EFFECTIVE POLICY EXPIRATION i
TYPE OF INSURANCE POLICY NUMBER LIMITS
A GENERAL LIABILITY GLO 9139458-03 09/30/09 09/30/10 EACH OCCURRENCE $ 1,000,000
.. FIRE DAMAGE (Any one fire) ! $1,000,000
X 3MMERCIAL GENERAL LIABILITY
- CLAIMS MADE ~ OCCUR I i___~!'O_I?_~~!:J~nyon!'person) $25,000
,
X Contractual Liability! i PERSONAL & ADV INJURY $ 1,000,000
, -- ----------------------
I GENERAL AGGREGATE $ 2, 000,000
-- -- -------------t--
~.~ AGG~~~E~IMIT AP~SIPER: PRO~U.C!_S_:5::!?I>J1P~OP AG~-J $ 2,000,000
POLICY; X :IC-Rr X LOC i
B ~~MOBILE LIABILITY BAP 9139457~03 09/30/09 09/30/10
COMBINED SINGLE LIMIT $ 2,000,000
X ANY AUTO (Eaaccident)
--
_' ALL OWNED AUTOS BODILY INJURY 1
~ SCHEDULED AUTOS (Per person)
- -------~
~- HIRED AUTOS , BODilY INJURY
1
X NON-OWNED AUTOS i (Per accident)
X Contractual Liability PROPERTY DAMAGE
---- 1
(Per accident)
~~GE LIABILITY AUTO ONLY. EA ACCIDENT 1
ANY AUTO OTHER THAN EAACC 1
AUTO ONLY: AGG I $
e EXCESS LIABILITY AUe 508762104 09/30/09 09/30/10 EACH OCCURRENCE i $ 25,000,000
~ -OCCUR C CLAIMS MADE : AGGREGATE ~ $ 25,000,000
1
~ ~EDUCTIBlE , 1
RETENTION 10 1
A WORKERS COMPENSATION AND we 9139459-03 09/30/09 09/30/10 X I.WCSTATU-.! ~OTH-
IQBY:IJMlI.5...I__~
EMPLOYERS' LIABILITY t1: 000, 000
I ri,~EACH ACCIQ~I__ ----.
~L_ DISEASE - _EA EMPlOYEE_!~~!0__~_~.E.'"_
I EL DISEASE - POLICY LIMIT $1,000,000
OTHER ,
, .
.
I I I .
DESCRIPTION OF OPERATIONSlLOCATIONSNEHIClES/EXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS
RB: 09-3947.
Collier County is an Additional Insured on the General Liability and Automobile Liability with respect to the
operations of the insured on the above listed project.
CERTIFICATE HOLDER I I ADDlTIONAlINSURED; INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Collier County Government DATE THEREOF, THE ISSUING INSURER WILL Ii'UiIX~MAIL 90 DAYS WRITTEN
-
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ~B:X8~X
Purchasing Department _u:____~_~l'IIlt~KlIl<lIKX
3301 E. Tamiami Trail
~~KlJXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Naples, FL 34112 AUTHORIZED REPRESENTATIVE ~~
, USA
ACORD 25-8 (7/97) edornne
13337527
@ ACORD CORPORATION 1988
-.J
1683
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 (7/97)
~
1683
SUPPLEMENT TO CERTIFICATE OF INSURANCE
DATE
10/15/09
NAME OF INSURED: Post, Buckley. Schuh &: Jernigan, Iue.
d/b/a PBS&J
Additional Insured on the General Liability &: Auto Liability on a Primary &: Non-Contributory basis, including
completed operations "Where Required by Contract" (GL ONLY). General Liabiltiy Aggregate limit applies per Project
Blanket Additional Insured Lessor/Loss Payee on the Auto Liability. Waiver of Subrogation on the General Liability
Auto Liability, and Workers Compensation "Where Required by Contract". Umbrella follows form to the Additional
Insureds on the General Liability.
NOTICE OF CANCELLATION WORDING:
SHOULD ANY OF THE DESCRIBED POLICIES ON THE CERTIFICATE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE
ISSUING INSURER WILL MAIL 30, 60 OR 90 DAYS WRITTEN NOTICE "WHERE REQUIRED BY CONTRACT" EXCEPT 10 DAYS NOTICE FOR
NON-PAYMENT OF PREMIUM TO THE CERTIFICATE HOLDER NAMED ON THE ATTACHED CERTIFICATE.
supp (10100)
ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDNYYY)
9/30/2010 10115/2009
PRODUCER Lockton Companies, LLC-j Kansas City THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
444 W. 47th Street, Suite 900 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Kansas City MO 64112-1906 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
(816) 960-9000
INSURERS AFFORDING COVERAGE NAIC#
INSURED POST, BUCKLEY, SCHUH AND JERNIGAN, INC. INSURER A: LLOYDS OF LONDON A XV
1307321 DBA PBS&J INSURER B:
2001 NW 107 AVENUE INSURER c:
MIAMI FL 33172-2507
INSURER 0:
, INSURER E-
COVERA E PD INSURER'S', AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER.
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.
INSR ~~ POLICY NUMBER P~k+~~:~~8~ Pg~!fJfijX:tb~~N L.IMITS
LT' TYPE OF INSURANCE
~ENERAL. L.IABIUTY EACH OCCURRENCE I.. XXXXxxx
- ::JOMMERCIAL. GENERAL LIABILITY NOT APPLICABLE ~~~~~~~9E~~~~nal\ I XXXXXXX
- CLAIMS MADE D OCCUR MED EXP (Anyone person) I XXXXXXX
- PERSONAL & ADV INJURY I XXXXXXX
- GENERAL AGGREGATE I XXXXXXX
~N'L AGGRErlE f~~ APnIPER: PRODUCTS - COMPtOP AGG I XXXXXXX
POLICY JECT LOC
~UTOMOBILE LIABILITY COMBINED SINGLE LIMIT I XXXXXXX
ANY AUTO NOT APPLICABLE (Eaaccidenl)
-
- ALL OWNED AUTOS BODILY INJURY
(Per person) I XXXXXXX
- SCHEDULED AUTOS
- HIRED AUTOS BODILY INJURY
(Per accident) I XXXXXXX
- NON-OWNED AUTOS
- PROPERTY DAMAGE I XXXXXXX
(Pereccident)
~RAGE LIABILITY AUTO ONLY - EA ACCIDENT I XXXXXXX
ANY AUTO NOT APPLICABLE OTHER THAN EAACC I XXXXXXX
AUTO ONLY: AGG I XXXXXXX
:::rESS/UMBREL.LA L.IABILlTY EACH OCCURRENCE I XXXXXXX
OCCUR D CLAIMS MADE NOT APPLICABLE AGGREGATE I XXXXXXX
I XXXXXXX
o UMBREL.LA
~ DEDUCTIBLE FORM I XXXXXXX
RETENTION I I XXXXXXX
WORKERS COMPENSATION AND NOT APPLICABLE I T~~~TfJ#~ I IOJ~-
EMPLOYERS' LIABILITY
ANY PROPRIETORfPARTNERfEXECUTIVE E.L. EACH ACCIDENT I XXXXXXX
OFFICERlMEMBER EXCLUDED? E_L. DISEASE - EA EMPLOYEE $ xxxxxxx
~~E2It~s~~~v~~1~~s below E.L. DISEASE - POLICY LIMIT I XXXXXXX
A OTHER lDUSA0900811 9/30/2009 9/30/2010 52,000,000 EACH CLAIM &
A CLAIMS-MADE FORM 52,000,000 ANNUAL AGGREGATE.
PROFESSIONAL/POLLUTION 111l1!1961 RETRODATE.
LIABILITY
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL. PROVISIONS
RE: CONTRACT #09-3947; PROFESSIONAL CEl SERVICES FOR SR84 FROM RADIO ROAD TO CR951; PROJECT #60101.
1683
G S
TMIS CERnFtCATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING
CERTIFICATE HOLDER
10551702
COLLIER COUNTY
ATTN: RHONDA CUMMINGS
PURCHASIl\G DEPT., 3301 TAMIAMI TRAIL E.
NAPLES Fl 34112
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POL.ICIES BE CANCEL.LED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOL.DER NAMED TO THE LEFT, BUT FAIL.URE TO DO SO SHAL.L
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHO PRESENTATIVE
ACORD 25 (2001/08)
Forquestlon....g..rdlngthl.c.rttflcat..cont..ctlll.numb.rll.tedil1tll".Producer'uctlon..bov".