#05-3775 (Turrell & Associates, Inc.)
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Contract 05-3775
Environmental Consultant for Clam Bay Restoration
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 26th day of April, 2005, 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 Turrell &
Associates, Inc., authorized to do business in the State of Florida, whose business address is
3584 Exchange Avenue, Suite B, Naples, Florida 34104-3732, (hereinafter referred to as the
"CONSUL TANT").
WIT N E SSE T H:
WHEREAS, the OWNER desires to obtain the professional marine and environmental
consulting services of the CONSULTANT concerning Environmental Consultant for Clam
Bay Restoration, (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.
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NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1, CONSULTANT shall provide to OWNER professional marine and environmental
consulting services in all phases of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The 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 Timothy C. Hall, Vice President, 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
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and performed under this Agreement.
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Further, the Project Coordinator has full authority to bind .,
and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The
CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to
satisfactorily manage the seNices 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 seNices 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 seNices 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
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the design documents in no way relieves CONSULTANT of its obligation to deliver complete
and accurate documents necessary for successful construction of the Project.
1.8. 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 (Le. 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
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authority to authorize Additional Services under this Agreement, such
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 8. Except in an emergency endangering life or property, any Additional Services must
be approved in writing via an Amendment to this Agreement prior to starting such services.
OWNER will not be responsible for the costs of Additional Services commenced without such
express prior written approval. Failure to obtain such prior written approval for Additional
Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional
Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a
part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a
change in the Agreement is required because of the action taken by CONSULTANT in response
to an emergency, an Amendment shall be issued to document the consequences of the
changes or variations, provided that CONSULTANT has delivered written notice to OWNER of
the emergency within forty-eight (48) hours from when CONSULTANT knew or should have
known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above,
waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its
compensation or time of performance under this Agreement. The following services, if not
otherwise specified in Schedule A as part of Basic Services, shall be Additional Services:
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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
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reasonably anticipated prior to the preparation of such studies, reports or documents, or are due
to any other causes beyond CONSULTANT'S control and fault.
2.3 Providing renderings or models for OWNER'S use.
2.4 Investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; and evaluating processes available for licensing and
assisting OWNER in obtaining such process licensing.
2.5. Furnishing services of independent professional associates and consultants for other than
the Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by OWNER, other than visits to the Project site or OWNER's office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided
for herein.
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.
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ARTICLE THREE
OWNER'S RESPONSIBILITIES
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3.1. The OWNER shall designate in writing a project manager to act as OWNER'S
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatever:
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by
the CONSULTANT for payment for services and work provided and performed
in accordance with this Agreement;
(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,
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shop drawings, product literature, previous reports and any other data relative
to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under this
Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSU L T ANT 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
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OWNER may be responsible in whole or in part, shall relieve CONSUL!N9 fi~U~ t'
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT until such time as the
CONSULTANT resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or
will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be
deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or
any other damages hereunder.
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ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other
technical data, other than working papers, prepared or developed by or for CONSULTANT
under this Agreement ("Project Documents"). OWNER shall specify whether the originals or
copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall
be solely responsible for all costs associated with delivering to OWNER the Project Documents.
CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and
internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER
to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use on this Project.
CONSULTANT warrants to OWNER that it has full right and authority to grant this license to
OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to
complete the Project following CONSULTANT'S termination for any reason or to perform
additions to or remodeling, replacement or renovations of the Project. CONSULTANT also
acknowledges OWNER may be making Project Documents available for review and information
to various third parties and hereby consents to such use by OWNER.
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ARTICLE SEVEN
MAINTENANCE OF RECORDS
7 .1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as may
be required by law. OWNER, or any duly authorized agents or representatives of OWNER,
shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and during
the five (5) year period noted above, or such later date as may be required by law; provided,
however, such activity shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold
harmless OWNER, its officers and employees from any and all liabilities, damages, losses and
costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or
anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other rights or
remedies which otherwise may be available to an indemnified party or person described in this
paragraph 8.1 .
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to
this Agreement.
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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 0, must identify the specific Project
name, as well as the site location and address (if any).
9.3.5. All insurance policies shall be fully performable in Collier County, Florida,
and shall be construed in accordance with the laws of the State of Florida.
9.3.6. 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
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for any action concerning any matter under those policies shall be i~e .
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 OWN ER, 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 OWN ER 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
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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
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this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment
by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or
directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this
Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
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12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
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
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giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to st~
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a) , Florida Statutes, the
CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs
supporting the compensation for CONSULTANT'S services to be provided under this
Agreement are accurate, complete and current at the time of the Agreement. The
CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement price
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was increased due to inaccurate, incomplete, or non-current wage rates and other factual Unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
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, FI. 34112
Attention: Stephen Y. Carnell, Purchasing/General Services Director
Fax: 239-732-0844
16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the
CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United
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States Postal Service Department, first class mail service, postage prepaid, addressed to the
. .
following CONSULTANT'S address of record:
Turrell & Associates, Inc.
3584 Exchange Avenue, Suite B
Naples, Florida 34104-3732
Telephone: 239-643-0166
Fax: 239-643-6632
Attn: Todd T. Turrell, P.E.,
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE 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.
19
16F2
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any
and all prior agreements or understandings, written or oral, relating to the matter set forth
herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
17.8 This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9 The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A 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
20
. brought in the appropriate federal or state courts in Collier County, Florida, !hi2 Eu' have
sole and exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement. At the time this Agreement is
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."
21
16F2
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision-making authority and by OWNER'S staff person who would make the
presentation of any settlement reached during negotiations to OWNER for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision-making authority and
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.
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Environmental Consultant for Clam Bay Restoration the day and year first
written above.
ATTEST:,,"" .
.."<",>- ",,~\~\: 1I.f:0.7' "'"
. ",'- -",):), . ,. '<t.. ,.-. "..y::"" 1'_>
DWlgh~".tt..B~ORk, CJr~tk\,
_ :c'': .~i :~~ \,~:'
By: ...: ' :. fO,( .
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l,., . ',- _',
Date:::!] 1 -w:y ,,' $
Attest.s to' Chatrlla"
IfOn.tan on1,.
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Item# I(oF;r
By:
Fred
10F2
Turrell & Associates. Inc.
By: .1? C_ ~
Timothy C. Hall, Vice President
Typed Name and Title
~2~
.JrLiA ~ ~
Witness ;tZQ,.. i e./le. k I .k~'\c ne/
23
16F2
SCHEDULE A
SCOPE OF SERVICES
BackQround - The Florida Department of Environmental Protection permit #0128463-001-JC
and United States Army Corps of Engineers permit #199602789 (IP-CC), authorizing restoration
activities in the Clam Bay System make annual monitoring through fixed vegetative and
hydrographic survey of the Clam Bay system a special condition of the permit for ten (10)
consecutive years. The final report required by the permits is due at the end of 2008.
All of the information collected throughout the year as part of the biological and hydrographic
monitoring will be compiled, summarized, and organized into the Annual Report for submittal to
the state and federal agencies. A power point presentation will be made to Pelican Bay
Services Division and Pelican Bay residents at the Annual Meeting.
CONSULTANT will complete the following tasks upon authorization by OWNER:
Task 1 - Biological (Mangrove) Monitoring
Monitoring plots established within the main mangrove die-off area will be used to monitor the
area's recovery. Additional plots spread throughout the system will monitor the response of the
mangroves to lightning strikes or other observed disturbances. Meandering transects and
interpretation of aerial photography will be used to look for or document signs of stress within
the system, to monitor the spread of the stressed areas, and to track down the causes(s) of the
stress. Over the past several years, a network of small flushing channels has been dug
throughout the main die-off area. These channels have been instrumental in the recovery effort
documented within the system to date. Future monitoring efforts within the system will have to
include documenting the condition of these small channels as well as to insure that the
improvements seen within the system to date are not lost.
Task 2 - Seagrass Monitoring
Snorkeling or SCUBA equipment will be used to monitor seagrass transects throughout the
Clam Bay system. Monitoring plots established along the transects will allow for quantitative
documentation of the growth or decline of the seagrass community. Observations will be
compared to previous years to document how this benthic community reacts to changes within
the system.
Task 3 - Seagate Culvert Flow Study
CONSULTANT will monitor culvert flows through two complete tidal cycles on an annual basis
to quantify water amounts leaving and entering the Clam Bay System through the Seagate
culverts. Information collected will be compiled and included in the Annual Report.
24
16F2
Task 4 - Water Quality Monitoring
Pelican Bay Services Division will collect water samples and CONSULTANT will provide data
analysis and report preparation.
Task 5 - Tidal Data Collecting
Collection of data will be performed by Pelican Bay Services Division and CONSULTANT will
provide coordination.
Task 6 - Hydrographic Surveys
Surveys will be performed under a separate contract and CONSULTANT will provide
coordination.
Task 7 - Hydrographic Report
CONSULTANT will prepare this report in coordination with Tasks 5 and 6.
Task 8 - Annual Report
CONSULTANT will prepare the Annual Report which includes an update of all activities
conducted within the system that were part of the restoration efforts, as well as an update on the
status of the habitats within the system. CONSULTANT will coordinate and compile data
collected within the system by all contractors and will produce a report for presentation to the
Department of Environmental Protection and the U.S. Army Corps of Engineers that can also be
distributed to County officials and other interested parties. The data compiled in the report will
include summaries of the biological monitoring, the water quality monitoring and summaries of
any other relevant activities that occurred within the system.
Task 9 - Annual Presentation
CONSULTANT will coordinate a power point presentation that can be given to the residents of
the community at their Annual Meeting.
Task 10 - Miscellaneous Services
CONSULTANT will provide miscellaneous services to include, but not be limited to, general
consultation, design for dredging, interior channel construction, dune restoration, cattail
enhancement and reimbursable expenses.
25
16F2
SCHEDULE B
BASIS OF COMPENSATION
LUMP SUM and TIME AND MATERIAL
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.
B1.1.1
All monthly status reports and invoices shall be mailed to the attention of:
Kyle Lukasz, Field Operations Manager
Pelican Bay Services Division
801 Laurel Oak Drive
Naples, Florida 341 08
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.
TASK
1.
2.
3.
4.
5.
6.
7.
8.
9.
10. Miscellaneous Services
FEE
$25 355.00
$ 4100.00
$ 3 824.00
$ 3 345.00
$ 575.00
$ 575.00
$27856.50
$11 035.00
$ 5 070.00
NOT TO
EXCEED
$80 000.00
TOTAL FEE Total Items 1-10 $161,735.50
U
U
U
U
U
U
U
U
U
26
16F2
B.2.2. The fees noted in Section 2.1. shall constitute the lump sum and time and material
amount of one hundred sixty-one thousand seven hundred thirty-five dollars and fifty
cents ($161 ,735.50) to be paid to CONSULTANT for the performance of the Basic and
Miscellaneous Services.
B.2.3 For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER
agrees to pay CONSULTANT on a time and material basis based on the services to be
provided and as set forth in the Amendment authorizing such Additional Services. The
time and material 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 Miscellaneous or Additional Services
without OWNER'S prior written approval.
B.2.4 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 Miscellaneous or 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.
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 Miscellaneous or Additional Services, CONSULTANT shall
be limited to a maximum markup of 5% on the fees and expenses associated with such
subconsultants and subcontractors.
27
8.3.4.1
16F2
Reimbursable Expenses associated with Miscellaneous or 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.
8.3.4.1.5 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.
28
SCHEDULE B - ATTACHMENT 1
CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE
16F2
TURRELL & ASSOCIATES, INC.
Fee Schedule
Principal/Professional Engineer $150.00/hr.
Principal/Expert Witness $250.00/hr.
Senior Project Manager $115.00/hr.
Marine Construction Specialist $110.00/hr.
Senior Biologist $105.00/hr.
Staff Biologist $ 90.00/hr.
Senior Marine Biologist $105.00/hr.
AutoCAD Technician $ 85.00/hr.
Administrative Assistant $ 50.00/hr.
Aircraft $200.00/hr.
Boat $45.00/hr.
29
SCHEDULE C
PROJECT MILESTONE SCHEDULE
16F2
Task 1 - Biological (Mangrove) Monitoring
Task 2 - Seagrass Monitoring
Task 3 - Seagate Culvert Flow Study
Task 4 - Water Quality Monitoring
Task 5 - Tidal Data Collecting
October 31, 2005
August 31,2005
June 30, 2005
Monthly
At Three Month Intervals
Continuously
Task 6 - Hydrographic Surveys
April 30, 2005
July 31,2005
Task 7 - Hydrographic Report
Task 8 - Annual Report
November 30,2005
Task 9 - Annual Presentation
December 31,2005
Task 10 - Miscellaneous Services
As requested by OWNER
30
~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAll..
CONTRACT ADMINISTRATION PURCHASING BUILDING
ADMINISTRATIVE SERVICES DIVISION NAPLES, FLORIDA 34112
(239) 774-8407
FAX (239) 732-0844
16F2
Contract 05-3775 - Environmental Consultant for Clam Bay Restoration
It is understood that in the interest of time and to comply with FDEP and other business requirements, the
contract with Turrell and Associates is being released by Risk Management for further processing. It is
understood that the contactor will be performing work in navigable waterways and it is also understood that the
contractor has not met the insurance evidence requirements of the contract due to a failure to provide evidence
of United States Longshoreman and Harborworkers Act coverage. Contractor agrees to further pursue and
obtain coverage, however, contractor also agrees to hold harmless and to indemnify the county for any claims or
costs of any kind resulting from an injury to an employee or other covered person as a result of their failure to
comply with this insurance coverage requirement.
c;r./ ,
ff Weiker, CPCU, ARM
Director, Risk Management
Turrell & Associates, Inc.
By. y~
TI /1-() T flY H A-lA-
Printed Name
II 1f.,E. f'a! &/17& .v,
Title
06/3012005 10:48
2396932522
EDISOH INS
01
~PORD..
CERTIFICATE OF liABILITY INSURANCE
IMMIODfYY'fY1
TmUul:-l OEi 30 05
THIS CERTIFICATE IS ISSUEO AS A MATTER OF IN!!'OIWATION
ONLY AND CONFERS NO RIGHTS UPON THE CER1IFtCATE
HOLDER, THIS CERTI~ICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PIl,QllUCER
~~iB9~ Insurance Agency, Xnc,
39.is Palnl :aeach BO\llevard #A
J'orb. Myers FI,3391G
Phone l 239-693 -0400 FE.UC.1239-693 - 2522
'11<111/11100
Turr...e.l.1. & AaaociatesL Inc.
3584 Exchange Ave., lite B
Naples PI. JU04
INSURERS AFfORDING COVERAGE
INSURER'" GUU- VND. INS. CO.
INSURF,;flB;
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",.'YPERfAiN, THE INSURANCE. .'''FORDED QV THf f'OllCIl:S O..SCfMfO I1SRI<IN is SUaJeCTTo M.I. THE: TeRMS. I1.J(CLUSIOtolS ANO CONDITIONS 01' SUCH
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Marine .\'c. Env:l. rOt".JlIent:al Conaul ting
Collier County Board of County Commisdoners is an additional Insured.
$1000000
CERTIFICATE HOLDER
Collier County Risk Management
Atto; C/O Sheree Hediavilla
Building tl
3301 T~iami Trail g
Naples FL 34112
COLI,O J7
CANCELLATION
30010111.0 MY OF THE Aeove OUCflJ6EC I'OUClE$ BE CANCELLED Bl!FORE THE ElCPIl'M.TlON
DATE 'l11IA.EOF, filE ;SSUINQ INSUIIIEII WIl.L. f~CEAVOA TO MAll ~ DAn ~ITTEI4
NOnce TO THE CI!lITlrlCATE HOtDE~ "A"'ED TO THI! LeFT, OlJT FAilURE 1000 SO SHAlt
IMPOSE NO OllllGA TiON OIlI.I/'I611lTY 01' ANY ~jND UPON THI1IN&VRER.ITS 044 tNTS OR
REPRfSENTATIVES.
AUTHOR1ZEO REpRESl!"TAllYE
Carmen L. Wolfe t~2e9170
\CORlJ 25 (2001/08)
Client#: 3156
TURRAss3
ACORDTM
CERTIFICATE OF LIABILITY INSURANCE
TE (MMlDDNY)
06/30/05
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
suncoast Insurance Associates
P.O. Box 22668
Tampa, FL 33622-2668
813289-5200
INSURERS AFFORDING COVERAGE
Turrell & Assoc., Inc.
3584 Exchange Ave Suite B
Naples, FL 33942
INSURER A: Northern Assurance CO.
INSURER B:
INSURER C:
INSURER D:
INSURER E:
INSURED
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.
INSR TYPE OF INSURANCE POLICY NUMBER Pgl!f:(~J;5%~ P~~fl,~:NM;W\N LIMITS
LTR
~ERAL LIABILITY EACH OCCURRENCE $
COM M ERCIAL GENERAL L1AB ILlTY FIRE DAMAGE (Anyone fire) $
f-- U CLAIMS MADE D OCCUR MED EXP (Anyone person) $
PERSONAL & ADV INJURY $
f--
GENERAL AGGREGATE $
-
~'LAGGREn LIM ITAPnS PER: PRODUCTS .COMP/OP AGG $
POLICY ~~8;: LOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO (Ea accident)
-
- ALL OWNED AUTOS BODILY INJURY
(Per person) $
- SCHEDULED AUTOS
- HIRED AUTOS BODILY INJURY
$
NON-OWNED AUTOS (Per accident)
-
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
=l' ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $
~OCCUR D CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND IT~~~T~;,~-;, I IOJ~-
EMPLOYERS' LIABILITY EL EACH ACCIDENT $
EL DISEASE - EA EMPL OYEE $
E.L. DISEASE - POLICY LIMIT $
A OTHER NBJH51119 09/07/04 09/07/05 See Below
Commercial
Ocean Marine
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Miscellaneous Coverage- Ocean Marine
1. Vessel: 16' Geenoe Workboat, $1500 Hull/$1000 Motor -$250 Ded
Protection & Indemnity $1,000,000 limit with $1,000 BI/$250 PD Deductible
2. Vessel: 16' Dolphin Flatboat, $10,000 Hull -$500 Ded
(See Attached Descriptions)
CERTIFICATE HOLDER I I ADDITIONALINSURED:INSURERLETTER: CANCELLATION
SHOULD ANY OF TH EABOVE DESCRIBED POLICIES BECANCELLED BEFORETHE EXPIRATION
Collier County BOCC DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL30....-DAYSWRlTTEN
Attn: Sheree Mediavilla NOTlCETOTHE CERTIFICATE HOLDERNAMEDTOTHE LEFT, BUT FAILURE TODOSOSHALL
3301 East Tamiami Trail 1M POSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
Building D REPRESENTATIVES.
Naples, FL 34112 AUTHORIZED REPRESENTATIVE
I ~ J'n- ,.. J'I. a..-.
ACORD 25-5 (7/97}1 of 3
#s107205/M99364
KJs
@ ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD2S-S(7/97)2 of 3 #810720S/M99364
Protection & Indemnity $1,000,000 limit with $1,000 BI/$250 PD Deductible
3. Vessel: Trailer: $1500 -$150 Deductible
4. 3 Crew (Jones Act)
Navigation -The waters of Collier County and Lee COunty, Florida
RE: Clam Bay Restoration -Contract No. 003142
Environmental Consultant for Clam Bay Restoration
AMS 25.3 (07/97) 3
of3
#5107205/M99364
16F2
LlCYNUMBER: 77 60586-304-0001 BUSINESSOWNERS
ENDORSEMENT CHANGES THE POLICY. PLEASE AEADIT CAREFULLY.
RED AUTO AND NON-OWNED AUTO LIABILITY
rsement modifies insurance provided under the following:
ESSOWNERS POLICY
OulSe.
SCHEDULE
Ir loss or da.
00% of the L
19S Shown i
Ire than $2
Coverage
Hired..Auto Liability
Non-OWned Auto Llabllity
~is provided only for those coverages for
sjJeclflcpremium charge Is shown In the
nsor In the Schedule.
JS.
n~urance provided under the
ssowners liability Coverage Form,
phA.1,Business Liability, applies to
yinjury" or "property damage" arising
the maintenance or use of a "hired auto"
u or your "employees" lnthe course of
'[ business.
;urance
insurance provided under the
essowners Liability Coverage Form,
ph A.1. Business Liability, applies to
y Injury" or "property damage" arising
the use of any "non-owned auto" In your
ess by any person other than you.
ance prOVided by this endorsement only:
e{(clusions, under the 6uslnessowners
ity Coverage Form, Paragraph B.1.
able to Business liability Coverages,
than exclusions a., b., d" f. and i. and
uclear Energy Liability Exclusion, are
ed and replaced by the following:
"Bodily injury" to:
(1) An "employee" of the Insured arising
out of and In the course of:
(a) Employment by the insured; or
(b) Pertorming duties related to the
conduct of the insured's busi-
ness; or
(2) The spouse, child, parent, brother or
Additional Premium
$ 36
$ 71
sister. of that "employee" as a COl"lse~
quence of Paragraph (1) above,
This exclusion applies:
(a) Whether the Insured may be liable
as an employer or In any other
capacity, and
(b) To any obligation to share dam-
ages with or repay someone else
who must pay damages because
of injury.
This exclusion does not apply to:
(i) Liability assumed by the in-
sured under an "insured con-
tract"; or
(ii) "Bodily Injury" arising out of
and In the course of domestic
employment. by the insured
unless benefits for such Injury
are in whole. or in part either
payable or required to be pro-
vided under any workers
compensation law.
b. "Property damage" to:
(1 ) Property owned or being transported by,
or rented or loaned to the insured; or
(2) Property in the care. custody or con.
trol of the Insured.
2. WHO IS AN INSURED in the 6uslnessowners
Liability Coverage Form, Paragraph C., is
replaced by the following:
Each of the following is an insured under this
endorsement to the extent set forth below:
a, You;
Copyright, Insurance Services Office, Inc.; 1996
Page 1 of 2
I
I
I
I ( ]
I ( ]
I [ J Non- Owned
I
I
!
I
I
I
I
I
I
I
1
I
I
Should ~ny ot the I'lbovl;' descr1be ellecl befcre: the
expiratior: date. the \ns,:ranct'! c any wlll E':ideavor to mai 1 30 d~ys
wrl';ten notlce to the dbove I\i)illed certlficate h01der. but fal1uf'e to
man SJC1 notice shall 1rnpo~e no o!l11gation or liability :Jpen tl1e
cQmpijny. "Its aget"ts, or rl1'pre.entat lve",
[X) Workers'
Compersatw'"
llnd
[ Xl i;ipp 1 oyers'
L lal)11 ity
I
I
I
"'
I
j
I
l
i
1
I
I
I
I
I
00 I
I
$ 1.COO.000 I
I
$ 1.000. DOC I
I
OESeRl mON OF OPERAT lONS/LOCATIOtl$
VEHICLES/RESTRICTIONS/SPECIAL iTEMS
PLEASE NOTE CER1IF1CAHHot.OEll
J$ ALSO LISTED AS ADfJ!TlONAl
iNSURED. /h.Z1Jfltglc.m---
Authori ~ed Representilt j ve; BREi/'/ ACKH~"M;
CounterS1l1f1E'd at~ iS75 PIN!': RWr;r. Rf} srr: 17
NAPLES. FL 34109
05.09-06 I STATUTORY LIMnS
I Sool JRY IACCIDENT. $ 1. 0 '
I Bodily Y by 01 se.ue
I EACH YEE '...,..
I SOdlly Injury by J15ease
I roue'\' LIMIT . .
Effectlve DatE of Certificate: 05-09,2005
Date CertjfiClltcls~ued: 06-3().20C5
, ~~ ~~
1613SgS
mNL
DArr:
:BY:
'wil,lhnv rnrf""<lI>1'\'\"'I"lh- V;"'"",'P.vl"'..o,."".,...,1.?CXT
"1l"1nmH.
SCHEDULE D
INSURANCE COVERAGE
16F2
(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 and in the form set
forth in Attachment I to this Schedule D 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
31
16F2
received by CONSULTANT from its insurer, and nothing contained herein shall relieve
CONSULTANT of this requirement to provide notice. In the event of a reduction in the
aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or
self insurance program carried by the OWNER applicable to this 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 seNices, 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.
32
16F2
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
CONSULTANT shall furnish to the 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? _X_ Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by
the CONSULTANT during the term of this Agreement for all employees engaged in the work
under this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
x
$1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER and the
policy shall be so endorsed.
33
16F2
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
_X_ Applicable Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
_X_ Applicable
Not Applicable
(5) Watercraft Liability coverage shall be carried at the limits shown above if
applicable to the completion of the work under this Agreement.
_X_ Applicable
Not Applicable
(7) Aircraft Liability coverage shall be carried at limits of $1,000,000 each occurrence
if applicable to the completion of the work under this Agreement.
_X_ Applicable
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
34
16F2
by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the
following:
_ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
_ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
_X_General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$300,000
$300,000
$300,000
$300,000
$ 50,000
$500,000
$500,000
$500,000
$500,000
$ 50,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy
shall be endorsed using the following endorsement wording. "This endorsement modifies
insurance provided under the following: Commercial General Liability Coverage Part. The
General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your
projects away from premises owned by or rented to you." Applicable deductibles or self-insured
retentions shall be the sole responsibility of 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.
35
16F2
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement?
X Yes
--
No
(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less
than:
_X_ Bodily Injury & Property Damage - $ 500,000
Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? _X_ Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the performance of professional services under this
36
16F2
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
_X_ $1,000,000 each claim and in the aggregate
_ $2,000,000 each claim and in the aggregate
_ $5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. 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.
37
VALUABLE PAPERS INSURANCE
16F2
(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.
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.
38
16F2
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
39
ACOR.D. CERTIFICATE OF LIABILITY INSURANCE OP 10 1" DATE (MIIIOOJ'fYYY)
'rIES'1'A -1 OS/1S;OS
PRODUCER THIS CERTIFICATE IS ISSU ED AS A MATTER OF INFORMATION
Insurance and Risk Management ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Se:r:vi.ces, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
8950 Fontana Del Sol Way '200 AlTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
Naples FL 34109-4374 I
Phone: 239-649-1444 Fax:239-649-7933 INSURERS AFFORDING COVERAGE !NAIC#
INSURED I~,,'SJRER A
1\'St.>li;"R e
=le - Vendor Name I~;SLIRER C ;
895 Fontana Del SOl Way, '200 INSURER [l i
Naples I!'L 34::1.09 INSURER E
16F2
COVERAGES
THE ~OUCIE'S OF ~E' liSTED eaow HAVE BEEN IS-SUED TO T;-E INSURED t.lAMED N:,OVE FOR THE f>o::U:V PERIOD INCIC...,TE!l I<OJT\I'IITl-'.sTIl/()!r4c.
IW'f REQUIREMENT. TE,,1~ OR C01<UITION OF ,'W' C()!l;'fRAL""T OR an<<:R DClCtJI.1EffT WiTli RESPECT TO WllIGi TH;S CERTIF;U.TE "'...V BE ISSUED OR
~'A\ PER'fAlfol. ThE ~E AFOR'"..ED 6Y 11-IE POLICIES DESCRISED HeREir4 is &.eJECT TO ,.o..u. THE TERMS. E<CLUSIONS AI-C CONOITIONS CF SOCH
POLICIES. ~GATE LIMITS SHOWN MAY H"NE eeEtj REOlX;ED 6Y 1".0.10 CLAIMS.
L1R INSRl TYPE OF lNllURANCE PClUC'l' NUMBBl i rOOE'IMMIOOiW)= "8k'fET(UMlODNYl LloIfTll
GENeRAl. UIlBlUTY E.'\CH ~ENCE If
- ~~'!;;'GE'IOM:=:'.IiW
C~CIAl.. GENEPAL U~lrrY f'r::EMISES tEe <XelJl"E:l'K:;;' l
- U Q.!',.~S MADE 0 OCctP. 1$
- ~ED Ei<P ,;\ry ."" ~""''''''i
PER5~<l'.l &,>.DV INJ.RI 'I
- -------.--------.
GE~ AGGREGATE $
-
(;EN'L AC-GREGATE LIMIT APl'LIES FEI<' FROO\JCTS - COIIF'IOF AOO $
I POLICY n~ nLOC !
AUTOlIIOBILE LlIl.BIUTY COMBINED SINGLE LIMIT
- (E.~ido;'lIl l
IWY AUTO
-
ALl OV\"NEO .A1JTCS SODIL',' !NJU:W
- ,
SCHEDULED AUTOS (p(lr P(4'S;XI)
-
- HR:O "AJJTOS BODILY iN..lURr
{P~r 1!J{;cldant> $
- NON-OWNED .AUTOG
- PROPERTY D.AM~ $
{Per <.!ceidenti
GAAAGE LlABlLrrY AUrO ot-l V. EAACCIDEliT $
R N<Y NITO OTHER mAN EANX $
.....--- f--...---.-.----..---
AUTO l'<<. \. ,Af;G 'I
EXCES$/UNBRELLA UASII.IlY EACH OCCURRENCE 'I
t=J OO:UR o C;J>.lMS MADE p.(..GREG.~TE t
."-.------.-.----..--
$
R -.-.-.------..-
DEDOCTlBLE 'I
RETEtmOIJ 'I 'I
WOFltlERS COMPENSATION AND I~.t:~its I i"ER
eMl'LOYEftS' LlABtUTY
.<\NY f'R(lI"!liE'1'O,,-P;"RTNERIS<C<::VnVE E.L EACH ACCICENT 'I
OFFICERINt"MSER EXCLUDED? EL DISEA.SE - EA EMPLOYEE $
If 'P3'S, ooscnb::) tro~
3PEC1Al. PROV ISle,!,; ~olc'" E: l. D~SEA"5E.- wC)UC( liMiT 'I
OTHER
;
DESCRIPTION OF CA:RA1lONS f LOC....TliJNS I VEHlCLEllI EXGLLJIllONS ADDeD BY ENOORSEMEm I SPECIAl PROVISIONS
CERTIFICATE HOLDER
CANCELLATION
SHOUUl ANY OF THE ABOVE DESCRIBED POUGIES BE CANCELLED BEPORETHE EXPIRATION
OATETHEREOF. THE ISSUING 11IISlIRER WILL ElIIOEAVOR TO t.IAlL ~O OAYS WRITTEN
-
NOTICE TO THE CERT1FICATE HOLDER NAAEO TO THE lEFT, BUT FAILURE TO 00 SO SHAlL
IMPOSE NO OBLIGATION OR LlIl.BILJTY OF Il.N'/'KINO UPON THE INSURER, rrs AGENTS OR
REl"RESENI'ATIVES.
AUTHORlZED REPRESEt.lTATIVE
:IXMS - Dead Accounts
ACORD 25 (2001/081
@ACORDCORPORATlON 1988
16F2
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Turrell & Associates, Inc. hereby certifies that wages, rates and other factual unit
costs supporting the compensation for the services of the CONSULTANT to be provided under
the Professional Services Agreement, concerning Environmental Consultant for Clam Bay
Restoration are accurate, complete and current as of the time of contracting.
Turrell & Associates, Inc.
BY: V. )//L
TITLE: Vice President
DATE: 06 h~/dS-
r
42
16F2
SCHEDULE F
KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS
Employee Category Employee Name Anticipated %
Involvement (as
measured by Man hours)
Turrell & Associates (prime
Consultant)
1. Principal-in-Charge Todd Turrell, P.E. 3%
2. Project Coordinator/Manager Tim Hall 20%
3. Staff Biologist Kara Cave 22%
4. CAD Tech Kurt Duckwitz 7%
5. Others Lee Russell 2%
(Admin.)
Lewis Environmental (Sub-
consultant)
1. Principal Robin Lewis 4%
2. Staff Biologist Mike Marshall 8%
Humiston & Moore (Sub-
consultant)
1. Principal! Project Engineer Ken Humiston 19%
2. CAD Tech Greg Roebuck 10%
Reimbursable Expenses (All 5%
Consultants)
Total 100%
43