#10-5456 (AIM Engineering)
Contract 10-5456
Verification Testing Services - Oil Well Road
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this ~C~ay of t...", ~ )
2010, by and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and
AIM Engineering & Surveying, Inc., authorized to do business in the State of Florida, whose
business address is 5300 Lee Boulevard, Lehigh Acres, Florida 33970 (hereinafter referred to
as the "CONSULTANT").
WIT N E SSE T H:
WHEREAS, the OWNER desires to obtain the professional consulting verification
testing services of the CONSULTANT concerning Oil Well Road (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 verification testing 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 Thomas O. Deer, PE, 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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1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount
for the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or
federal requirements and/or codes and ordinances applicable to Consultant's performance of
the work as related to the project. This list is not deemed to be all-inclusive, and the County
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these
funds would be forfeited by the Consultant. The County may also deduct or charge the
Consultant for services and/or items necessary to correct the deficiencies directly related to the
Consultant's non-performance whether or not the County obtained substitute performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm
or organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt
written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the
RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have
common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement -
EOP, etc), and adhere to industry standard CAD specifications.
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ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT
shall furnish or obtain from others Additional Services of the types listed in Article Two herein.
The agreed upon scope, compensation and schedule for Additional Services shall be set forth in
the Amendment authorizing those Additional Services. With respect to the individuals with
authority to authorize Additional Services under this Agreement, such authority will be as
established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time
such services are authorized. These services will be paid for by OWNER as indicated in Article
Five and Schedule B. Except in an emergency endangering life or property, any Additional
Services must be approved in writing via an Amendment to this Agreement prior to starting such
services. OWNER will not be responsible for the costs of Additional Services commenced
without such express prior written approval. Failure to obtain such prior written approval for
Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such
Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but
rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER
determines that a change in the Agreement is required because of the action taken by
CONSULTANT in response to an emergency, an Amendment shall be issued to document the
consequences of the changes or variations, provided that CONSULTANT has delivered written
notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT
knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written
notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an
adjustment to its compensation or time of performance under this Agreement. The following
services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional
Services:
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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
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.
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2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
2.9 Additional services rendered by CONSULTANT in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in Collier County as part of
the Basic Services in accordance with generally accepted professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatever:
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by
the CONSULTANT for payment for services and work provided and performed
in accordance with this Agreement;
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(b) Provide all criteria and information requested by CONSULTANT as to OWNER's
requirements for the Project, including design objectives and constraints,
space, capacity and performance requirements, flexibility and expandability,
and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings, specifications,
shop drawings, product literature, previous reports and any other data relative
to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under this
Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts
of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to
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have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT until such time as the
CONSULTANT resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or
will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be
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.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
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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.
9.2 All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
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9.3 All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy,
Professional Liability policy, and the Workers Compensation policy,
provided by CONSULTANT to meet the requirements of this Agreement
shall name Collier County Government, Collier County, Florida, as an
additional insured as to the operations of CONSULTANT under this
Agreement and shall contain a severability of interests provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse
against OWNER for payment of premiums or assessments for any
deductibles which all are at the sole responsibility and risk of
CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any
insurance or self-insurance program carried by OWNER 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 must state: For any and all work
performed on behalf of Collier County.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida,
and shall be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and
received by OWNER, except such rights as they may have to the proceeds of such
insurance held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the
Department of Insurance of the State of Florida to transact the appropriate
insurance business in the State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial
rating of "Class VI" or higher.
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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 E 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 E. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
Schedule E. All personnel, subconsultants and subcontractors identified in Schedule E 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 the terms of this
Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities
which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each
subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER
under this Agreement with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
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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. CONSU L T ANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment
by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or
directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
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codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this
Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
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12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty-five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
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ARTICLE THIRTEEN
CONFLICT OF INTEREST
13.1. 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 FOURTEEN
MODIFICATION
14.1. 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 FIFTEEN
NOTICES AND ADDRESS OF RECORD
15.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT
to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
OWNER'S address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department, Building H
3301 Tamiami Trail East
Naples, Fl. 34112
Attention: Stephen Y. Carnell, Purchasing/General Services Director
Fax: 239-732-0844
15.2. 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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AIM Engineering & Surveying, Inc.
5300 Lee Boulevard
Lehigh Acres, FL 33970-1235
Phone: 239-332-4569; Fax: 239-332-8734
Attn: Tracy Levy, Vice President
15.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SIXTEEN
MISCELLANEOUS
16.1. 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.
16.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
16.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
16.4. 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.
16.5. 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.
16.6. 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
PSA
18
herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
16.7 Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
16.8 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.
16.9 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 KEY PERSONNEL, SUBCONSUL TANTS AND
SUBCONTRACTORS
ARTICLE SEVENTEEN
APPLICABLE LAW
17.1. 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.
flSA
19
ARTICLE EIGHTEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
18.1 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.
18.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with
a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real
property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with
any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the
convicted vendor list."
ARTICLE NINETEEN
DISPUTE RESOLUTION
19.1 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
PSA
20
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.
19.2 Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE TWENTY
IMMIGRATION LAW COMPLIANCE
20.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
seQ. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT
to comply with the laws referenced herein shall constitute a breach of this agreement and the
County shall have the discretion to unilaterally terminate this agreement immediately.
rSA
21
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Verification Testing Services - Oil Well Road the day and year first written
above.
Dwight ~J3ro.ck, Clerk
"""'/t'" "
,~';
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
ATTEST:
By:
By: '~W.C+
Fred W. Coyle, Chairman .
~::_~nb~~j
~. lJ V ;J, ~L
Scott R. Teach
Deputy County Attorney
AIM EnaineerinQ & Survevina. Inc.
11-(&1"-->1// )11-&tlU L
WItness
JEllflNC /!1clU;C IC
Typed Name
TN/( 'i /1. LE tI Y L/dC PI< ESII) EIUT
Typed Name and Title '
'- fJ 0, ~ (
IT&-^)~ V!:;IG'\ ~,1 !--.-/
Wjness
LAu!!l" 8ENIJuA
Typed Name
PSA
22
SCHEDULE A
SCOPE OF SERVICES
1. Brief Description of Project
To provide Verification Testing services for the Oil Well Road construction project.
Verification is a process of comparing test data for determination of compliance with the
contract requirements. This will be performed at the plant and in the field on split samples or
independently obtained samples depending on the particular material specifications.
2. Background
The Collier County Transportation Engineering and Construction Management Department
(TECM) is currently constructing the Oil Well Road project Segments 2 and 4A. Segment 2
is being constructed to four-lanes from Immokalee Road to 1500 feet west of Everglades
Boulevard, and six-lanes from 1500 feet west of Everglades to 1500 east of Everglades
Boulevard. Segment 4A is being constructed as six-lanes from 1500 feet west of Oil Well
Grade Road to 1500 feet east of Ave Maria Boulevard. Both segments contain pile
supported bridges.
3. Detailed Scope of Work and Specifications
The Consultant must be familiar with the FDOT Standard Specifications for Road and Bridge
Construction, 2007, and in particular Section 105, Contractor Quality Control General
Requirements. The Consultant must provide FDOT certified personnel and facilities to
provide all necessary inspection to assure effective Quality Control of the operations related
to materials acceptance. This includes but is not limited to sampling and testing production,
storage, delivery, construction and placement. Ensure that the equipment used in the
production and testing of the materials provides accurate and precise measurements in
accordance with the applicable Specifications. Maintain a record of all inspections, including
but not limited to, date of inspection, result of inspection, and any subsequent corrective
actions taken.
The Consultant shall perform geo-technical engineering field and laboratory testing services.
The Consultant must be able to demonstrate a consistently high level of performance, and
timely, comprehensive and accurate reports and invoicing.
Professional services for material testing to be provided shall include field and laboratory
tests, material evaluation and related reports involving sub-surface and construction material
at construction sites in Collier County.
Tests and services shall be performed in accordance with established professional
standards and shall comply with requirements contained in applicable construction
documents.
Tasks may include, but are not limited to, the following:
PS^
A-I
1. Roadway Field Investiaations
Examples - Field drilling, auger borings and soundings, rock cover, percolation tests,
monitor wells, turbidity analysis;
2. Roadway Laboratory Tests
Examples - Grain size analysis, organic content, compression test, chemical tests;
3. Construction Quality Control
Examples - Pile driving analysis and monitoring, geo-textile monitoring. Serve as
technical expert on geo-technical problems during construction;
4. Bituminous
Examples - Measurements, coring, sampling of material;
5. Aggregate and Base Material
Examples - Inspection, sampling, proctor tests. Inspection of backfill material, Portland
cement, concrete, plant inspection for quality assurance, aggregate, cement, fly-ash,
chemicals, core testing, slump, air content, temperature control;
6. Precast or Prestressed Concrete Products
Examples - Concrete pipe, beams, precast products
7. Miscellaneous
Examples - Timber products, corrugated sheet metal and pipe, structural members,
bridges.
PSA
A-2
SCHEDULE B
BASIS OF COMPENSATION
DIRECT LABOR COSTS PLUS REIMBURSABLE EXPENSES
1. MONTHLY INVOICING
B.1.1 The County shall pay the CONSULTANT for the performance of this Agreement the
aggregate of the units actually ordered and furnished at the unit price, together with the cost of
any other charges/fees submitted in the proposal.
B 1.1.1 All invoices shall be mailed to the attention of Kevin Dugan, Senior Project
Manager, 2285 South Horseshoe Drive, Naples, FL 34104.
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 Attachment 1, attached to this Schedule B,
Laboratory Testing services shall be in accordance with the unit pricing amounts set forth in the
table below.
ITEM LABORATORY TESTING SERVICES NOT TO EXCEED
AMOUNT/COS (PER
UNIT:
1. OrQanic Content (FM T267) $ 85.00
2. Sieve Analvsis lAASHTO T27) $ 75.00
3. Sieve Analysis for Classification (FM $ 75.00
T88)
4. Plastic Limit lAASHTO T90) $ 68.00
5. liquid Limit lAASHTO T89) $ 68.00
6. Standard Proctor (AASHTO T99) $ 90.00
7. Modified Proctor (FM T180) $ 90.00
8. Limerock BearinQ Ratio $290.00
9. Specific Gravity and Absorption of Rip $125.00
Rao (FM T85)
10. Percent Fines (FM T11) $ 41.00
11. pH (FM5-550l $ 42.00
12. Sulfate Content (FM 5-551) $ 42.00
13. Chloride Content (FM 5-552) $ 42.00
14. Resistivitv (FM 5-553) $ 42.00
15. Compressive Strength of Concrete $ 21.00
Cylinders IASTM C39)
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 I to this Schedule B.
PSA
B-1
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 CONSU L T ANT 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 1 to 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, 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.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non-payment under the legal doctrine of "laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
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 unit price by the number of units provided, as set forth in the table in Section
PS^
B-2
2.1 and by the applicable hourly rates by the number of units provided as set forth in
Attachment 1, attached to this Schedule B.
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 1, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
B.3.5.1 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.
PSA
B-3
SCHEDULE B - ATTACHMENT 1
CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE
10-5456
"Verification Testing Services - Oil Well Road"
Title
Hourly Rate
Inspectors
$ 58.00/hr
$ 65.00/hr
Asphalt Plant Inspectors
Senior Project Engineer/Project
Administrator (if required)
Contract Support Specialist
$120.00/hr
$ 80.00/hr
Senior Inspectors (if required)
$ 75.00/hr
END OF SCHEDULE B
PSA
8-4
SCHEDULE C
PROJECT SCHEDULE
1. Verification Testing Services - To be determined by Project Manager
and Field Inspector
PSA
C-I
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
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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
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D-2
CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of
the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a
material breach by CONSULTANT and OWNER may terminate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? 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.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
_ Applicable
X
Not Applicable
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D-3
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
_ Applicable
x
Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? X Yes No
(1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance
by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the
following:
_ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
_ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
_X_General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
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
$1,000,000
$ 50,000
D-4
(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, Collier County Government, shall be named as an Additional Insured
and the policy shall be endorsed that such coverage shall be primary to any similar coverage
carried by the OWNER.
(4) Coverage shall be included for explosion, collapse or underground property damage
claims.
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
_ Applicable
x
Not Applicable
(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
PSA
D-5
(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less
than:
_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
-L $1 ,000,000 each claim and in the aggregate
_ $2,000,000 each claim and in the aggregate
PSA D-6
__ ^_,____..,_.___~__.__..~.". . "" ..,^~,...,_,_~_~~_._w_."_._~__,,,~._,_~.._._..____..__,,h
_ $5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(3) The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to OWNER of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material
change in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1) In the sole discretion of the County, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
PROJECT PROFESSIONAL LIABILITY
(1) If OWNER notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and
PSA D-7
OWNER'S insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT'S professional
liability policy. If no credit is available from CONSULTANT'S current professional policy
underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next
renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent
professional liability policies that renew during the term of the project policy). CONSULTANT
agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for
the provision of project-specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured
consultants.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
c. Current deductibles/self-insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design Consultant 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
PSA
0-8
-"""-------
SCHEDULE E
KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS
Jim Shuler, PE - Proiect ManaQer
Juan Alcantar. Jr. - Inspector
Shawn McManus - Inspector
Mitchell Shedio - Asphalt Plant Inspector
Dennis Barber - Contract Support Specialist
Jason Kirker - Senior Inspector
Jaz Jahazi - Inspector
John Bedinotti - Inspector
E-I
Client#. 63849
AIMEN
ACORD,,, CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY)
06116/2010
PRODUCER I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Gulfshore Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
4100 Goodlette Road North I HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Naples, FL 34103 -3303
239261-3646 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A Amerisure Insurance Company
Aim Engineering & Surveying, Inc. INSURER B
JRI Engineering, Inc. --
INSURER c:
Aim Construction Contracting, LLC ~~RER 0
5300 Lee Blvd, Lehigh Acres FL 33971 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 DOCUMENTWITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN THE j'NSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
I~TSR ~~~ TYPE OF INSURANCE POLICY NUMBER 62}r;~~~65~~\ ~~YnJ~Jri~~~
A
GL2053525010009
04/25/2010
04/25/2011
EACH OCCURRENCE
~AMAGE TO RENTEr? n 'a'
MED EXP (Anyone person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
~ERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
I CLAIMS MADE [Xl OCCUR
A
-
-
~'L AGGRE~E ~JMIT AP~S PER:
I POLICY I XI jr8T I I LaC
~TOMOBILE LIABILITY
~ ANY AUTO
._ ALL OWNED AUTOS
f--- SCHEDULED AUTOS
~ HIRED AUTOS
~ NON"OWNED AUTOS
f-
PROPERTY DAMAGE
(Per accident)
04/2512011
04/25/2010
CA20535230101
COMBINED SINGLE LIMIT
(Eaaccidenl)
BoalL Y INJURY
{Per person)
BOOIL Y INJURY
(Per accident)
RGARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT $
OTHER THAN
AUTO ONLY'
A
04125/2010
04/2512011
EACH OCCURRENCE
AGGREGATE
CU205352601
~ESS I UMBRELLA LIABILITY
~ OCCUR 0 CLAIMS MADE
h DEDUCTIBLE
iX! RETENTION $ 0
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE ~
PJI~~;I~/~T~1~Rr EXCLUDED? ll!J
If yes, describe un del
SPECIAL PROVISIONS below
OTHER
A
WC205528701
07101/2010
07/0112011
x I we STATU- IOJ~-
EL EACH ACCIDENT
EL DISEASE EA EMPLOYEE
EL DISEASE - POLICY LIMIT
DESCRIPTION OF OPERATIONS I LOCATIONS {VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Re: For any & all work performed on behalf of collier county.
Project: Contract #10-5456 "Verification Testing Services - Oil Well Road
Certificate Holder & the Owner are Named as Additional Insured on a primary basis as respects to General
Liability Only as needed by contract, per form CG 70 48 03 04. (Contractor's Blanket Additional Insured
Endorsement). *30 days cancellation notice, except 10 days for non~payment
CERTIFICATE HOLDER
CANCELLATION
10 Da s for Non-Pa ment
LIMITS
$1 000000
$300 000
$10000
.1 000000
$2 000 000
$2 000 000
$1,000,000
EAACC $
AGG $
$5 000 000
$5 000 000
$
$
.
.1,000,000
.1,000,000
$1,000,000
Collier County Government
Attn: Purchasing Building
3301 E. Tamiami Trail
Naples, FL 34112
I:SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
REPRESENTATIVES.
i AUTHORIZED REPRESENTATIVE -
I
ACORD 25 (2009/01) 1 of 2
.P. ...ft...f..olI....
#S428652/M428604 @ 1988-2009 ACORD CORPORATION.
The ACORD name and logo are registered marks of ACORD ERl
.___.__...~____.__..____.~....__,.__.,,,v.~",..
All rights reserved.
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 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 (2009101)
2 012
#S428652/M428604
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COYERAGE FORM
All of the terms, provisions, exclusions, and limitations of the coverage form apply except as specifically stated
below.
SECTION II . WHO IS AN INSURED is amended to include as an insured any person or organization, called an
additional insured in this endorsement:
1. Whom you are required to add as an additional insured on this policy under a written contract or agreement
relating to your business; or
2. Who is named as an additional insured under this policy on a certificate of insurance.
However, the written contract, agreement or certificate of insurance must require additional insured status for a time
period during the term of this policy and be executed prior to the "bodily injury", "property damage", "personal injury",
or "advertising injury" giving rise to a claim under this policy.
If, however, "your work" was commenced under a leller of intent or work order, subject to a subsequent reduction to
writing within 30 days from such commencement and with customers whose customary contracts require they be
named as additional insureds, we will provide additional insured status as specified in this endorsement.
3. If the additional insured is:
(a) An individual, their spouse is also an additional insured.
(b) A partnership or joint venture, members, partners, and their spouses are also additional insureds.
(c) A limited liability company, members and managers are also additional insureds.
(d) An organization other than a partnership. joint venture or limited liability company, executive officers and
directors 01 the organization are also additional insureds. Stockholders are also additional insureds, but
only with respect to their liability as stockholders.
(e) A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as
trustees.
The insurance provided to the additional insured is limited as follows:
1. That person or organization is only an additional insured with respect to liability arising out of:
(a) Premises you own, rent, lease, or occupy, or
(b) Your ongoing operations performed for that additional insured, unless the wrillen contract or agreement or
the certificate of insurance requires "your work" coverage (or wording to the same effect) in which case
the coverage provided shall extend to "your work" for that additional insured.
Premises, as respects this provision, shall include common or public areas about such premises if so required
in the wrillen contract or agreement.
Ongoing operations, as respects this provision, does not apply to "bodily injury" or "property damage" occurring
after:
(1) All work including materials, parts or equipment furnished in connection with such work on the proj",ct
(other then service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at
the site of the covered operations has been completed; or
Includes copyrighted material 01 Insurance Services Office, Inc., with its permission.
Copyright Insurance Services Office, Inc., 2003
Page 1012
CG 70 48 03 04
(2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by
any person or organization other than another contractor or subcontractor engaged in performing
operations for a principal as a part of the same project.
2. The limits of insurance applicable to the additional insured are the least of those specified in the written
contract or agreement, or in the certificate of insurance or in the Declarations for this policy. If you also carry
an Umbrella policy, and the written contract or agreement or certificate of insurance requires that the additional
insured status also apply to such Umbrella policy, the limits of insurance applicable to the additional insured
under this policy shall be those specified in the Declarations of this policy. The limits of insurance applicable to
the additional insured are inclusive of and not in addition to the limits of insurance shown in the Declarations.
3. The additional insured status provided by this endorsement does not extend beyond the expiration or
termination of a premises lease or rental agreement nor beyond the term of this policy.
4. Any person or organization who is an insured under the terms of this endorsement and who is also an insured
under the terms of the GENERAL LIABILITY EXTENSION ENDORSEMENT, if attached to this policy, shall
have the benefit of the terms of this endorsement if the terms of this endorsement are broader.
5. If a written contract or agreement or a certificate of insurance as outlined above requires that additional insured
status be provided by the use of CG 20 10 11 85, then the terms of that endorsement, which are shown below,
are incorporated into this endorsement as respects such additional insured, to the extent that such terms do
not restrict coverage otherwise provided by this endorsement:
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization: Blanket Where Required by Written Contract,
Agreement, or Certificate of Insurance that the terms of CG 20 10 11 85 apply
(If no entry appears above, information required to complete this endorsement will be
shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or
organization shown in the Schedule, but only with respect to liability arising out of "your
work" for that insured by or for you.
Copyright, Insurance Services Office, Inc.. 1984
CG20101185
The insurance provided to the additional insured does not apply to "bodily injury", "property damage", "personal
injury", or "advertising Injury" arising out of an architect's, engineer's. or surveyor's rendering of or failure to render
any professional services including but not limited to:
1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change
orders, design specifications; and
2. Supervisory, inspection, or engineering services.
Any coverage provided in this endorsement is excess over any other valid and collectible insurance available to
the additional insured whether primary, excess, contingent, or on any other basis unless the written contract,
agreement, or certificate of insurance requires that this insurance be primary, in which case this insurance will
be primary without contribution from such other insurance available to the additional insured.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Copyright Insurance Services Office, Inc. 2003
Page 2 of 2
CG 70 48 03 04
~Rd CERTIFICATE OF LIABILITY INSURANCE I DATE (MWDDNYYY)
OP ID SC 06/22/10
THIS CERTIFICATE is ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATiVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holdar Is an ADDITIONAL INSURED, the policy(lesj must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may requIre an endorsement. A statamant on this certificate does not confer rights to the
cer1lf1cata holdar in lieu of such endorsement(s).
PRODUCER NAME:
PHONE I r.t%,NO):
Private Client Insurance tIC,No,EXl}:
9736 Commerce Center Court -MAIL
AODRESS:
Fort Myers FL 33908 ~~~~~~~~ lD #: AlME-01 -..--
Phone:239-481-1949 Fax:239-481-2911 IN~UReR(S) AFFORD1NG COVERAGe NAlC#
INSURED INSURER A : Evanston Insurance Co, 35378
AIM Engineering & Surveying, INSURER B :
Inc ~~-_."."
5306 Lee Blvd. INSURER c:
Lehigh Acres FL 33971 ---- -..--
INSURER 0 :
-.- -
INSURERE:
-~,,~-
INSURERF:
~
COVERAGES
CERTIFICATE NUMBER: 1
REVISION NUMBER:
I THIS IS TO CERTIFY THAT THE POLICIES OF (NSURANCE LISTED BElOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTVl'lTHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 1NHICHTHIS
CERTIFICATE 1.'IAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
TIB ~~~g~J
LTR TYPE OF INSURANCE INSR wv POLICY NUMBER lMMJDDfYYYYI LIMITS
GENERAL LIABILITY EACH OCCURRENce ,
-
~:.1ERClAl GENERAL LIABILITY PREMISESIElloccurrence) ,
-- . CLAIMS-MADE D OCCUR
MED EXP (Anyone persoo) S
- ---- PERSONAL & ADV INJURY ,
-- GENERAL AGGREGATE $
._- ---_.~
~.~ AGG~E~~~r LIMIT APAS PER PRODUCTS. COMPIOr AGG $
POLICY r;~8T LOC $ -
AUTOMOB(lE-lIABILlTY COMBINED SINGLE LIMIT $
- (Eaaccldel1l)
- ANY AUTO ~~L Y INJURY (per person) $
- ALL OWNED AUTOS 800lL Y INJURY {pllr ilcddent} S
~ SCHEDULED AUTOS PROPERTY DNMGE
HIRED AUTOS (Pernccidcnl) S
~ --_.,~.-
NON-OWNED AUTOS $
~ u
$
- UMBRELLA. lIAB H OCCUR EACH OCCURRENCE S
EXCESS lIAB.____ CLAIMS-tMOE ~~~EGATE _,,~~."_ S
- DEDUCTIBLE S
--
RETENTION S $
WORKERS COMPENSATION ITOR/lI~I~S I IO~~-
AND EMPlOYERS'lIABILlTY YIN -....----
ANY PROPRIETORfPMTNERfEXECUTIVD IA E.L. EACH ACCIDENT S
OFFICERfMEM8ER EXCLUDED?
(M~ndatQrylnNH) - E.L. DISEASE - EA EMPLOYEE S
Ifyes.desC(ibllurn:lcr
DESCRIPTION OF OPERATIONS belm'l E.L. DISE:ASE - POUCY llMIT S
A Professional E&O AE819450 07/01/10 07/01/11 Per Claim 5,000,000
SIR 100,000
DESCRIPTION OF OPERATIONS I LOCATIONS J VEHICLES (AU;1;ch ACORD 101, Addltloml Rem;uks Sch&dt,JI~, If marl! space Is roo,ulrodJ
Collier County Contract 10-5456 Verification Testing Services Oil Well Road
CERTIFICATE HOLDER
CANCELLATION
COL2800
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 8EFORE
THE EXPIRATION DATE tHEREOF, NOTlCE W1LL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
Collier County
Contractor Licensing
2800 N Horseshoe Drive
Naples FL 34104
AUTHORIZED REPRESENTATIVE
ACORD 25 (2009109)
A029920
CORPORATION. All rights rosQrvcd.
ITEM NO.:It)-~- O\cll1
I','
\ \\.-
\ \i\\\:::': DATE RECEIVE~
, ,\ 'j '3 .J--J tJ t/<;,e- f)
"" "iV ~?~ '6tL-
~J-1; ~ yt,
P JM)
1) 1)-3 'J r;
FILE NO.:
ROUTED TO:
'(\\\)\~' '2. 'Z.
t.'-,; , ~
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date: July 20,2010
5(2.~\V ~\dU
To: County Attorney's Office
Attention: Jeff Klatzkow
From: Rhonda Cummings, FCCN, CPPB, Contract Specialist
Purchasing Department, Extension 8941
Re: Contract: 10-5456 "Verification Testing Services-Oil Well Road"
Contractor: AIM Engineering & Surveying, Inc. J
BACKGROUND OF REQUEST:
This Contract was approved by the BCC on June 22, 2010; Agend '~
Item 16.A.19 LJV
This is a standard contract with no changes. This item was
not previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to the BCC for signature after approval. If there are
any questions concerning the document, please contact me. Thank you.
C: Kevin H. Dugan, Growth Management
~~
.q-\~')\ to
RLS II --10 Y'LC- () ~GS
CHECKLIST FOR REVIEWING CONTRACTS
ElllityName: f\\fYl f(\Cj ;neerj~j- S \J rVf:f(t~ \.-W\C'
Entity name corrcct on contract" -V~ No
Entity registered with FL See of State? ~Yes No
Insurance ~ /y-- No
Insurance Certificate attached? _~~
Insured registered in Florida?L~ No
Contract # &/or Project referenced on Certificate? ~ No
Certificate Holder name correct (BCC)? ~Yes No
Commercial General Liability U I.., ore I
General Aggregate Required $~-'-""'-;Jl ProvIded $.2 m; 1....1. Exp. Date..~ II
Products/Compl/Op Required $ , ProvIded $~~ Exp. Date
Personal & Advert Required $ _.._-:--:t'- ProvIded $ t \'\' Exp. Date -= ~ ,J J )
Each Occurrence Required $-7- Provided $ ,,,;:;'0\ Exp. Date .__
FirelProp Damage Required $ ~ D'L.- Provided $::.5..Q..i~ Exp. Date .._._
AUlomoblleLlability.j Z)
Bodily Inj & Prop Required $~S_()O,,- Provided $_\rf\l \ l Exp Date _ '2..$ I J
Workers Compensation
Each accident Required $ _~_ ~ Provided $__ \ Y'I"..,_~j Exp Date I
Disease Aggregate Required $ ;tt-'-I Provided $ L I Exp Date ------=r... _
Disease Each Empl Required $ __ Provided $ _ _ Exp Date ---1-_ r,
Umbrella Liability
Each Occurrence Provided $.2mi\t_ Exp Date___<l/1..S III
Aggregate Provided $"__~_~~ Exp Date I I '}
Does Umbrella sufficiently cover any underinsured portion? Yes ~ No
Professional Liability ~
Each Occurrence Required $ \ r<'\ ~ \ \ Provided $ '5 Y"\ II \ r:xp. Date _ l( I ()
Per Aggregate Required $ I ( . I Provided $_____1..1...'-, Exp. Date _. " I /
Other Insurance
Each Occur Type:
'/
Required $
Provided $
V<~
...........~s
//
VYes
Yes
Exp Date
County required to be named as additional insured?
County named as additional insured?
No
No
Indemnification
Does indenmitication meet County standards?
Is County indemnifying other party?
IA
Performance Bond
Bond requirement referenced in contract?
Ifattached, expiration date of bond ____
Does dollar amount match contract?
Agent registered in Florida?
Yes
No
Yes
Yes
No
No
Signature Blocks
Correct executor name in signature block?
Correct title of executor?
Executor authorized to sign for entity?
Proper number of witnesses/notary?
Authorization for executor to sign, if necessary:
Chairman's signature block?
Clerk's attestation signature block?
County Attorney's signature block?
r t:. FJ:)
~s
~..
es
,
~0..eS
.....\.L~o1
~'Yes /""
/
/
V Yes
No
No
No
No
No
No
No
Attaclunents
Are all required attachments included?
_No 541~ I;~
ReViewer Init.ialS. ':id---. ~ '7. I U
Date. .. Oc7/
04-COA-OlcIJ0222
MEMORANDUM
TO:
Ray Carter
Risk Management Department
r
(,~' ;~
~ _ .J"'-
I' -- /2r..
~\/~(,t-~-- ~".
Rhonda Cummings, FCCN, CPPB, Contract Specialist
Purchasing Department
FROM:
DATE:
July 20,2010
RE:
Review of Insurance for Contract: 10-5456 "Verification Testing
Services-Oil Well Road"
Contractor: AIM Engineering & Surveying, Inc.
This Contract was approved by the BCC on June 22, 2010; Agenda Item
16.A.19
Please review the Insurance Certificates for the above referenced contract. If
you have any questions, please contact me at extension 8941.
Thank you.
OATE RECEIVEO
.JUL 2 0 2010
RISK ENT
C: Kevin H. Dugan, Growth Management
dod/RC
mausen g
From:
Sent:
To:
Cc:
Subject:
RaymondCarter
Thursday, July 22, 2010 10:02 AM
CummingsRhonda
dugan_k; mausen_g; HerreraSandra: DeLeonDiana
Contract 10-5456 "Verification Testing Services-Oil Well Road"
All, I have approved the Certificate of Insurance(s) for Contract 10-5456 provided by AIM Engineering & Surveying, Inc.
The contract will now be forwarded to the County Attorney's Office for their review.
Thank you,
Ray
~ Cah.t.eh.
Manager Risk Finance
Office 239-252-8839
Cell 239-821-9370
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send
electronic mail to this entity. Instead, contact this office by telephone or in writing
1
",ww.sunbiz.org - Department of State
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Florida Profit Corporation
AIM ENGINEERING & SURVEYING, INC.
Filing Information
Document Number
FEIIEIN Number
Date Filed
State
Status
Last Event
Event Date Filed /02/2010
Event Effective Date NONE
Principal Address
5300 LEE BOULEVARD
BOX 1235
LEHIGH ACRES FL 33971 US
Changed 04/23/1993
Mailing Address
PO BOX 1235
LEHIGH ACRES FL 33971 US
Changed 03/20/2009
Registered Agent Name & Address
HULL. JERRON K
5300 LEE BOULEVARD
LEHIGH ACRES FL 33971 US
Name Changed: 04/02/2001
Address Changed: 04/26/1995
Officer/Director Detail
Name & Address
Tille P
HULL, JAMES D
5300 LEE BLVD
LEHIGH ACRES FL
TilleT
LEVY, TRACY
5300 LEE BOULEVARD
http://www.sunbiz.org/scripts/cordet.exe?action~DI.TFIL&in~ doc _ number= L80948&inq... 5/26/2010
_....___"-___.-.....",."....,"'._~....._~_.._,..____,.,,_,,.....N ____~,..~.__."".,,',,..~._ ~_....,_,__"___.._....
www.sunbiz.org - Department of State
Page 2 of 3
LEHIGH ACRES FL 33971
Title V
HULL, JADON
5300 LEE BLVD
LEHIGH ACRES FL 33971
TitleVS
HULL. JERRON K
5300 LEE BLVD
LEHIGH ACRES FL
Title V
POTTER. ROBERT L
5300 LEE BLVD
LEHIGH ACRES FL 33971 US
Title V
CHIN, FRANCIS R
5300 LEE BLVD
LEHIGH ACRES FL 33971 US
Annual Reports
Report Year Filed Date
2008 04/21/2008
2009 03/20/2009
2010 02/03/2010
Document Images
04/02/201 0 ~~ Amendment
02/03/201 0 ~~ ANNUAL REPORT
10/05/2009 -- Amendment
04/01/2009 -~ Amendment
03/20/2009 ~~ ANNUAL REPORT
04/21/2008 ~~ ANNUAL REPORT
01/12/2007 -- ANNUAL REPORT
05/12/2006 ~~ Amendment
05/02/2006 ~~ ANNUAL REPORT
03/17/2005 ~~ ANNUAL REPORT
03/05/2004 ~~ ANNUAL REPORT
02/17/2003 -- ANNUAL REPORT
04/17/2002 -~ ANNUAL REPORT
04/02/2001 ~~ ANNUAL REPORT
04/18/2000 -- ANNUAL REPORT
04/26/1999 ~~ ANNUAL REPORT
OS/20/1998 ~~ ANNUAL REPORT
03/11/1997 -- ANNUAL REPORT
04/16/1996 ~~ ANNUAL REPORT
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04/26/1995 -- ANNUAL REPORT
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I Note: This is not official record. See documents if question or conflict. I
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Copyright @ 2007 Slate of Florida, Depal"tnwnt of State.
http://www.sunbiz.org/scripts/cordet.cxe?action=D ETFIL&inq_ doc _number= L80948& inq... 5/26/20 I 0
.._--...._--".,~-~._---,-'......,,"~,.~~_.~~.---~ -.
I hereby certify that the foregoing Written Resolution of the Board of Directors of AIM
Engineering & Surveying, Inc., dated May 21,2010 is a true and correct copy.
. /
20:"-
(N&lary)
,/
/
-'I
) ..
/( /1, j--.
( I\-..j
-,' /
Printed Name: Elisabeth A. Norton
My Commission Expires 5/18/2013
Seal:
,\~~Y P~li.
-'. .., ...." ELISABETH A. NORTON
* ._~0';,j. MY COMMISSION # DO BBB664
~. ." , EXPIRES, M,y 18 2013
'II: ~<) B -". '
<OfflU (J1~dThruBudgelNotaryServices
WRITTEN RESOLUTION
OF THE BOARD OF DIRECTORS
OF AIM ENGINEERING & SURVEYING, INC.
The undersigned, being the sole director of AIM Engineering & Surveying, Inc., hereby
takes the following actions in lieu of a meeting, pursuant to the authority of the Florida
General Corporation Act:
RESOL VED that James D. Hull is hereby authorized and empowered to enter
into on behalf of the Corporation and contracts he deems necessary and proper to
carry oul the business of the Corporation. He is further authorized 10 execute
other such documents as are necessary to secure such contracts in the name and
on the behalf of the Corporation.
RESOL VED that Jerron K Hull is hereby authorized and empowered to enter
into on behalf of the Corporation and contracts he deems necessary and proper to
carry out the business of the Corporation. He is further authorized to execute
other such documenls as are necessary to secure such contracts in the name and
on the behalf of the Corporation.
RESOLVED that Jadon D Hull is hereby authorized and empowered to enter into
On behalf of the Corporation and contracts he deems necessary and proper to
carry out the business of the Corporation. He is further authorized to execute
other such documents as are necessary to secure such contracts in the name and
on the behal f of the Corporation.
RESOL VED thai Robert L POller is hereby authorized and empowered to enter
into on behalf of the Corporation and contracts he deems necessary and proper to
carry out the business of the Corporation. He is further authorized to execute
other such documents as are necessary to secure such contracts in the name and
on the behalf of the Corporation.
RESOLVED that Francis Chin is hereby authorized and empowered to enler into
On behalf of the Corporation and contracts he deems necessary and proper to
carry out the business of the Corporation. He is further authorized to execute
other such documenls as are necessary to secure such cOnlracts in the name and
on the behalf of the Corporation
RESOL VED that Tracy Levy is hereby authorized and empowered to enter into
on behalf of the Corporation and contracts she deems necessary and proper to
carry out the business of the Corporation. She is further authorized 10 execute
other such documents as are necessary to secure such contracts in the name and
on the behalf of the Corporation.
RESOLVED that Michael R. Adams is hereby authorized and empowered to enter
into on behalf of the Corporation and contracts he deems necessary and proper to
carry oul the business of the Corporation. He is further authorized to execute
other such documenls as are necessary to secure such contracts in Ihe name and
on Ihe behalf of the Corporation.
RESOL VED that Thomas 0 Deer is hereby authorized and empowered to enter
into on behal f of the Corporation and contracts he deems necessary and proper to
carry out the business of the Corporation. He is further authorized to execule
other such documents as are necessary to secure such contracts in Ihe name and
on the behalf of the Corporation.
RESOL VED that Jack Ruskai is hereby aulhorized and empowered to enter into
on behalf of the Corporation and contracts he deems necessary and proper to carry
out the business of the Corporation. He is further authorized to execute other
such documents as are necessary to secure such contracts in the name and on the
behalf of the Corporation.
RESOLVED that Lee Flynn is hereby authorized and empowered to enter into
On behalf of the Corporation and contracts he deems necessary and proper to
carry out the business of the Corporalion. He is further authorized to execute
other such documenls as are necessary to secure such contracts in the name and
on Ihe behalf of the Corporation.
RESOL VED that Sean Donahoo is hereby authorized and empowered to enter
inlo on behalf of the Corporation and contracts he deems necessary and proper to
carry oul the business of Ihe Corporation. He is further authorized to execute
other such documents as are necessary to secure such contracts in the name and
on the behalf of the Corporation.
RESOL VED FURTHER, that the sole Director of the Corporation be, and hereby
is, authorized to execute this written action, and that upon such execution, this
written action be and as of that time, it hereby be approved and adopted as the
acl and deed of the Board of Directors of this Corporation.
Dated: May -,,-, 2010
RESOL VED FURTHER, that the following officers are duly qualified and acting
Officers of the Corporation:
f~e
res D. !lull
fJerron K. Hull ______
lJadon D. Hull
p:racy A. Levy
~ichael R Adams
I Francis R. Chin
I Robert L. Potte~
~ Thomas O. Deer i
~laCk Ruskai Vice-P!esident_ J
remard Lee Flynn, III _\~--2. c-,>""_ I Vice-President J
I Sean Donahoo __ _____ L___________LVlce_-P~es.ldent_ ___J
RESOLVED FURTHER, that the sole Director of the Corporation be, and hereby IS.
authorized to execute this written action, and that upon such execution, this written action be and
as of that lime it hereby is approved and adopted as the act and deed of the Board of Directors of
this Corporation.
Daled:
May 21-, 2010