#07-3947 (PBS&J) Amend #1
EXHIBIT A-I Contract Amendment # ""3947
"Coasaltlnll, EugiDeering aDd Iaspeedon (CEl) Serolecs Cor SR 84 Crom Radio Road to CR 951"
This amendment, dated~, 2010 to tlte referenced agreement shall be by and between tlte
parties to the original Agreement, Post. Buckley, Scbub &Jeraipu, Inc., (to be referred to as
"Consultant'') and Collier County, Florida, (to be referred to as "County").
Statement ofUndentandinll
HE: Contract #$3947 ''Consulting, Engineering and Inspection (CEI) Scrvices for SR 84 Crom
Radio Road to CR 951"
The following change to the above referenced Agreement has been mutually agreed to by the Consultant
and the County. The additions to the existing language in tlte Agreement are shown herein by underlininlZ:
deletions from the Agreement are shown by slftI,ethI'eugh..
Replace Schedule B. 9iNot Lallor Cesls PIllS R.liHl8UfBalll. 1lltp8l\SOS with new Schedule B. Lump
Sum Plus Reimbursable Exoenses and Schedule B - Attachment A Schedule of Fees for Basic
Services now identified as Exhibit A-I-I and Exhibit A-I-2.
The Consultant agrees that this amends the original Agreement. All other tenns and conditions of the
Agreement shall remain in force.
IN WITNESS WHEREOF, the Consultant and the County have each, respectively, by an authorized
person or agent, hereunder set tlteir hands and seals on tlte date(s) indicated below.
CONSULTANT
OWNER:
BOARD OF CmJNlY COMMISSIONERS
COLLIER COUNlY, FLORIDA
BY:~~'~
Stephen Y. C ell
Director of Purchasing and General Services
RECI='''ED
f : I J ,wiD
T.E. & C.M. Dept.
Exhibit A-1-1
SCHEDULE B
BASIS OF COMPENSATION
LUMP SUM 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 design and
construction status, in terms of the total work effort estimated to be required for the
completion of the Basic Services and any then-authorized Additional Services, as of the
last day of the subject monthly billing cycle. Among other things, the report shall show
all Service items and the percentage complete of each item.
B 1.1.1 All monthly status reports and invoices shall be mailed to the attention
of 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
the lump sum payments to CONSULTANT in accordance with the terms stated below.
Payments will be made in accordance with the following Schedule; however, the
payment of any particular line item noted below shall not be due until all services
associated with any such line item have been completed to OWNER'S reasonable
satisfaction.
TASKS LUMP SUM FEE FOR: FEE PAYMENT SCHEDULE
1. Construction Engineering and $1.291.917 Monthly Based Upon Percent
Inspection Services Complete
2. Testing Services $ 10.000 Monthly Based Upon Percent
Complete
3. Survey Services $ 10000 Time and Materials - Not to Exceed
4. Field Office Exoenses $ 52 000 Time and Materials - Not to Exceed
TOTAL FEE ITotal Items 1-4) $1 363917
B.2.2. The fees noted in Seclion 2.1. shall constitute the lump sum amount of One Million
Three Hundred and One Thousand Nine Hundred Seventeen Dollars ($1,301.917)
to be paid to the CONSULTANT for Tasks 1 and 2 Basic Services and time and
TPAHl98337U
materials in the amount of Sixty Two Thousand Dollars ($62.000) to be paid to
CONSULTANT for the performance of Tasks 3 and 4 Basic Services.
B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any,
OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable
Expenses based on the services to be provided and as set forth in the
Amendment authorizing such Additional Services. The negotiated fee shall be
based upon the rates specified in Attachment 1 to this Schedule B and all
Reimbursable Expenses shall comply with the provision of Section 3.4.1 below.
There shall be no overtime pay on Additional Services without OWNER'S prior
written approval.
B.2.4. The compensation provided for under Sections 2.1 of this Schedule B, shall be
the total and complete amount payable to CONSULTANT for the Basic Services
to be performed under the provisions of this Agreement, and shall include the
cost of all materials, equipment, supplies and out-of-pocket expenses incurred in
the performance of all such services.
B.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to
perform the Services required of it under this Agreement, as directed by
OWNER, pending resolution of the dispute provided that OWNER continues to
pay to CONSULTANT all amounts that OWNER does not dispute are due and
payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for
under Section 1.1 of this Schedule B, an invoice for fees earned in the
performance of Basic Services and Additional Services during the subject billing
month. Notwithstanding anything herein to the contrary, the CONSULTANT shall
submit no more than one invoice per month for all fees earned that month for
both Basic Services and Additional Services. Invoices shall be reasonably
substantiated, identify the services rendered and must be submitted in triplicate
in a form and manner required by Owner. Additionally, the number of the
purchase order granting approval for such services shall appear on all invoices.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual
work done, no signature, etc.) shall be returned to CONSULTANT for correction.
Invoices shall be submitted on CONSULTANT'S letterhead and must include the
Purchase Order Number and Project name and shall not be submitted more than
one time monthly.
B.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2
hereinabove and for reimbursable expenses will be made monthly upon
presentation of a detailed invoice with supporting documentation.
TP A# 1983371.1
B.3.4 Unless specific rates have been established in Attachment 1, attached to this
Schedule B, CONSULTANT agrees that, with respect to any subconsultant or
subcontractor to be utilized by CONSULTANT for Additional Services,
CONSULTANT shall be limited to a maximum markup of 5% on the fees and
expenses associated with such subconsultants and subcontractors.
8.3.4.1 Reimbursable Expenses associated with Additional Services must
comply with section 112.061, Fla. Stat., or as set forth in the Agreement,
be charged without mark-up by the CONSULTANT, and shall consist
only of the following items:
8.3.4.1.1. Cost for reproducing documents that exceed the number of
documents described in this Agreement and postage and
handling of Drawings and Specifications.
8.3.4.1.2. Travel expenses reasonably and necessarily incurred with
respect to Project related trips, to the extent such trips are
approved by OWNER. Such expenses, if approved by
OWNER, may include coach airfare, standard accommodations
and meals, all in accordance with section 112.061, F.S. Further,
such expenses, if approved by OWNER, may include mileage
for trips that are from/to destinations outside of Collier or Lee
Counties. Such trips within Collier and Lee Counties are
expressly excluded.
8.3.4.1.3. Permit Fees required by the Project.
8.3.4.1.4 Expense of overtime work requiring higher than regular rates
approved in advance and in writing by OWNER.
B.3.4.1.5 Expense of models for the County's use.
8.3.4.1.6 Other items on request and approved in writing by the OWNER.
8.3.4.2 Should a conflict exist between the dollar amounts set forth in Section
112.061, F.S., and the Agreement, the terms of the Agreement shall
prevail.
TPA#1983371.1
Exhibit A-1-2
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 Enaineerina & Inspection Services: $1,291,917
· Constructability Reviews
· 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. Testina Services: $10,000
· Provide field sampling and material testing per contractor quality control
verification requirements.
· Provide quality control services per contractor quality control verification
req uirements.
Task 3. Survey Services (As Needed) Time and Materials: Not to exceed $10,000
. Bench mark verification
. Cross-section verification
. Spot check contractor lay-out as needed
. Reference and reset certified corner records as needed
Task 4. 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.
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