#10-5479 (Hole Montes)
Contract #10-5479
"Professional CEI Services for the NCWRF Compliance Assurance Project"
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this ~'day of JuJ ~ ' 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") and Hole Montes,
Inc., authorized to do business in the State of Florida, whose business address is 950 Encore
Way, Naples, Florida 34110 (hereinafter referred to as the "CONSULTANT").
WIT N E SSE T H:
WHEREAS, the COUNTY desires to obtain the professional Construction, Engineering
and Inspection (CEI) services of the CONSULTANT concerning NCWRF Compliance
Assurance Project (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:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to COUNTY professional Construction, Engineering and
Inspection (CEI) services in all phases of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the COUNTY 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 COUNTY.
1.5. CONSULTANT designates Clifford Pepper P.E., a qualified licensed professional, to
serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project
Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the
CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
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to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote
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 COUNTY'S prior written approval, and if so removed
must be immediately replaced with a person acceptable to COUNTY.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from County 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 COUNTY.
1.7. The CONSULTANT represents to the COUNTY 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 COUNTY'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 COUNTY of such conflict and utilize its best professional
judgment to advise COUNTY regarding resolution of each such conflict. COUNTY'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 COUNTY'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 COUNTY prompt
written notice of any such subpoenas.
1.9 As directed by COUNTY, 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 COUNTY. 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 COUNTY 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 COUNTY'S Purchasing Policy and Administrative Procedures in effect at the time
such services are authorized. These services will be paid for by COUNTY 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. COUNTY 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 COUNTY
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 COUNTY 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, COUNTY'S
schedule or character of construction; and revising studies, reports, design documents or
Contract Documents previously accepted by COUNTY 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 COUNTY'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 COUNTY 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 COUNTY, other than visits to the Project site or COUNTY'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 COUNTY 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
COUNTY'S RESPONSIBILITIES
3.1. The COUNTY shall designate in writing a project manager to act as COUNTY'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 COUNTY'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 COUNTY 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
COUNTY's requirements for the Project, including design objectives and
constraints, space, capacity and performance requirements, flexibility and
expand ability, and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the COUNTY'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 COUNTY 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 COUNTY for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project 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 COUNTY, fires, floods, epidemics, quarantine regulations, strikes or
lock-outs, then CONSULTANT shall notify COUNTY in writing within five (5) working days after
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commencement of such delay, stating the specific cause or causes thereof, or be deemed to
have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
COUNTY 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 COUNTY.
CONSULTANT'S sole remedy against COUNTY 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 COUNTY hereunder, the COUNTY 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 COUNTY's satisfaction that the CONSULTANT'S performance is or
will shortly be back on schedule.
4.5 In no event shall any approval by COUNTY authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by COUNTY to CONSULTANT
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be deemed a waiver of any right or claim COUNTY may have against CONSULTANT for delay
or any other damages hereunder.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the COUNTY 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
COUNTYSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by COUNTY,
CONSULTANT shall deliver to COUNTY 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"). COUNTY 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 COUNTY 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
COUNTY to pay any additional compensation, CONSULTANT hereby grants to COUNTY a
nonexclusive, irrevocable license in all of the Project Documents for COUNTY'S use on this
Project. CONSULTANT warrants to COUNTY that it has full right and authority to grant this
license to COUNTY. Further, CONSULTANT consents to COUNTY'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 COUNTY may be making Project Documents available for review and
information to various third parties and hereby consents to such use by COUNTY.
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ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as may
be required by law. COUNTY, or any duly authorized agents or representatives of COUNTY,
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 COUNTY, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph 8.1.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to
this Agreement.
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9.2 All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3 All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy,
Professional Liability policy, and the Workers Compensation policy,
provided by CONSULTANT to meet the requirements of this Agreement
shall name Collier County 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 COUNTY 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 COUNTY 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 COUNTY applicable to this Project.
9.3.4. The Certificates of Insurance must read: 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 COUNTY shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and
received by COUNTY, 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 COUNTY. 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 COUNTY. No provision of this
Agreement shall, however, be construed as constituting an agreement between the COUNTY
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 COUNTY beyond such as
may then otherwise exist without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not
be removed or replaced without COUNTY'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 COUNTY. Each
subconsultant or subcontract agreement shall preserve and protect the rights of the COUNTY
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.
1 0.4 CONSULTANT acknowledges and agrees that COUNTY 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 COUNTY and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at County's discretion, they are assignable to COUNTY upon any termination of
this Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against COUNTY 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 COUNTY shall be deemed to be a waiver of any of COUNTY'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 COUNTY 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 COUNTY, or (c) the bankruptcy or insolvency or a general
assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S
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principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances,
regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the
terms and conditions of this Agreement, or (f) for any other just cause. The COUNTY 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 COUNTY 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 COUNTY shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. COUNTY 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 COUNTY 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
COUNTY, 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 County, the CONSULTANT shall deliver to the
COUNTY 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 COUNTY 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) COUNTY 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) COUNTY otherwise persistently fails to fulfill some material obligation owed
by COUNTY to CONSULTANT under this Agreement, and (ii) COUNTY 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 COUNTY 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 COUNTY of CONSULTANT'S intent to
terminate this Agreement. If COUNTY 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 COUNTY, terminate the Agreement and recover from the County
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
County.
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ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs
supporting the compensation for CONSULTANT'S services to be provided under this
Agreement are accurate, complete and current at the time of the Agreement. The
CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the COUNTY determines the Agreement
price was increased due to inaccurate, incomplete, or non-current wage rates and other factual
unit costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
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ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the COUNTY 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 COUNTY'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
16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY 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:
Hole Montes Inc.
950 Encore Way, Naples, FL 34110
Telephone: 239-254-2000
Attn: Mr. Clifford Pepper P.E.
Fax: 239-254-2097
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
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ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing COUNTY, shall promote the best interests of COUNTY
and assume towards COUNTY a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable In whole or in part, by
CONSULTANT without the prior written consent of COUNTY.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any
and all prior agreements or understandings, written or oral, relating to the matter set forth
herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
19
17.8 This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9 The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT SCHEDULE
Schedule 0 INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSUL TANTS AND
SUBCONTRACTORS
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be
brought in the appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement. At the time this Agreement is
20
executed, CONSULTANT shall sign and deliver to COUNTY the Truth-In-Negotiation Certificate
identified in Article 13 and attached hereto and made a part hereof as Schedule E.
CONSULTANT'S compensation shall be adjusted to exclude any sums by which COUNTY
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by COUNTY 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 TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision-making authority and by COUNTY'S staff person who would make the
presentation of any settlement reached during negotiations to COUNTY 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
21
by COUNTY'S staff person who would make the presentation of any settlement reached at
mediation to COUNTY'S board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT
to comply with the laws referenced herein shall constitute a breach of this agreement and the
County shall have the discretion to unilaterally terminate this agreement immediately.
22
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Construction, Engineering and Inspection (CEI) services on the day and year
first written above.
ATTEST:
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
,
By: Fred~:' ~a'ir~
Hole Montes. Inc.
By: ;i~---- ?
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Typed Name and Title I
Witness
:::Jo~N ']? vJ 0 (j'j(1
Typed Name
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Witnes .
.JZu1 <- -1 . S CIC-pO
Typed Name
23
SCHEDULE A
SCOPE OF SERVICES
SCOPE OF SERVICES
1. DESCRIPTION OF PROJECT:
1.1. CONSTRUCTION ENGINEERING AND INSPECTION SERVICES COMPLIANCE
ASSURANCE PROJECT NORTH COUNTY WATER RECLAMATION FACILITY
Hole Montes is pleased to submit this proposal for professional construction
engineering and inspection services related to the Compliance Assurance Project at the
North County Water Reclamation Facility. These services will provide successful
management of the cost, time and quality aspects of this project. The professional
services will include contract administration, process technical assistance and support
during construction, site observation of construction, assistance with equipment startup,
and preparation of record drawings.
As our previous CEI experience has demonstrated, Hole Montes will provide all
stakeholders and sponsors with a successful project as well as timely and accurate
information during the construction period and beyond.
Proiect Back~round
The Compliance Assurance Project (CAP) includes new odor control systems as
well as upgrades to the existing system at the Preliminary Treatment structure. The CAP
also includes extensive modifications to the existing MLE aeration basins, aeration
blower upgrade, lining of two reuse/reject water ponds, revisions to existing pond berms
and piping and lining, and modifications to the north bleach system. The initial CEI
services were provided under a separate County contract with others. This proposal will
provide services commencing on August 16, 2010 and covering the remaining 460 days
of construction activities through November 19, 2011 as well as an additional period
related to project close-out activities.
Proiect Scope
. The following activities outline the work anticipated for Hole Montes during the
construction of the Compliance Assurance Project.
. Coordinate all field activities with the operational staff at the NCWRF.
. Provide timely review of shop drawings, submittal information and O&M
Manuals.
. Respond to Requests for Information from the contractor within an average of
three work days.
. Provide contract administration for the construction contract consisting of (a)
processing payment applications, (b) review of construction schedule updates
and field progress, (c) issuance of change order requests and change orders,
(d) management of the contractor's work and funds related to the Allowance
Bid item, and (d) prepare contract close-out documents.
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. Provide operational support services to maintain continuous compliance with
DEP requirements and help ensure production of IQ water.
. Conduct site observation of construction and provide daily reports with
photographs to the County.
. Provide site visits by an engineer to inspect the field progress and respond to
questions. The estimated time for site visits is described on the enclosed fee
spreadsheet.
. Attend up to 40 project meetings in order to monitor progress, respond to field
issues and communicate with the contractor.
. Provide engineer oversight of equipment functional startup and testing.
. Develop operational protocols and identify damper settings for the multiple
scenarios of odor control system operation.
. Conduct completion inspections and submit Substantial and Final Completion
certificates and punch lists to the contractor and County.
. Provide record drawings based on information from the contractor.
We have also excluded costs from the proposed budget for the following activities:
(a) any permitting preparation or application costs, (b) investigation or management of
hazardous materials and historical artifacts, and (c) laboratory testing except as noted in
the fee schedule.
Proiect Schedule
Our schedule is based on the field construction activities being a total of 16 months or 78
weeks commencing on date of notice to proceed. The proposal includes an additional
period of two months related to contract close-out activities. Additional services include
warranty inspections that will occur up to one year after completion of construction.
2. CONSTRUCTION PHASE:
2.1. CONSULTANT shall keep COUNTY apprised of all contacts and/or communications
between CONSULTANT and Contractor. COUNTY shall be copied on all
correspondence between CONSULTANT and Contractor. All contacts and/or
communications between CONSULTANT and the various subcontractors shall be routed
through Contractor.
2.2. During the Construction Phase, CONSULTANT shall provide the following services:
2.2.1. Prepare a list of required submittals for shop drawings, product data,
samples, warrantees, and other submittals required by Contract
Documents, in tabular form which will indicate specification section
number and section name (CSI Format) per Project Manual Table of
Contents.
2.2.2. Process, review, respond and distribute shop drawings, product data,
samples, substitutions and other submittals required by the Construction
Documents within five (5) business days.
2.2.3. Maintenance of a master file of all submittals, including submittal register,
made to CONSULTANT, with duplicates for COUNTY. COUNTY'S copy
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shall be in electronic/CD format and submitted at time of Substantial
Completion.
2.2.4. Construction field observation services consisting of visits to the Project
site as frequently as necessary, but not less than once every week, to
become generally familiar with the progress and quality of the Work and
to determine in general if the Work is proceeding in accordance with the
Construction Documents. When CONSULTANT discovers portions of the
Work which do not conform to the Construction Documents,
CONSULTANT, shall have the authority and duty to reject such Work.
Provide a written report of each visit, within five (5) business days from
the CONSULTANT'S site visit, to the COUNTY'S Project Manager. This
field observation requirement shall apply to any subconsultants or
subcontractors of CONSULTANT at appropriate construction points.
2.2.5. CONSULTANT, as representative of COUNTY during construction, shall
advise and consult with COUNTY. Through its on-site observations of the
Work in progress and field checks of materials and equipment,
CONSULTANT shall endeavor to provide protection for COUNTY against
defects and deficiencies in the Work of Contractor and the various
subcontractors of Contractor.
2.2.6. Prior to the first Application for Payment, the CONSULTANT shall review
the Contractor's Schedule of Values and recommend adjustments. Based
on such observations at the site and on the Applications for Payment
submitted by the Contractor, CONSULTANT shall recommend the amount
owing to Contractor and shall acknowledge the Application for Payment
initially completed by the Contractor for such amounts. The
CONSULTANT shall date stamp all Applications for Payment submitted to
CONSULTANT by the Contractor as required by Section 218.735 Fla.
Stats., otherwise known as the "Local Government Prompt Payment Act"
and timely accept or reject such Application for Payment. If the invoice is
accepted, the CONSULTANT shall forward the invoices to the project
manager for review and delivery to finance, if the invoice is rejected, the
CONSULTANT shall send a rejection letter to the Contractor with a copy
to the project manager. The issuance of Certificate of Payment shall
constitute a representation by CONSULTANT to COUNTY that: (i) the
Work has progressed to the point indicated; (ii) that to the best of
CONSULTANT'S knowledge, information and belief, the quality of the
Work is in accordance with the Construction Documents subject to minor
deviations from the Construction Documents correctable prior to
completion, and to any specific qualifications stated in the Application for
Payment; and (iii) Contractor is entitled to payment in the amount certified.
2.2.7. CONSULTANT shall review claims for extra compensation, or extensions
of time from Contractor, make written recommendations to COUNTY
within five (5) business days concerning validity, and prepare responses
for COUNTY.
2.2.8. CONSULTANT shall be, in the first instance, the interpreter of the
requirements of the Construction Documents. CONSULTANT shall
A-3
render opinions on all claims of Contractor relating to the execution and
progress of the Work and on all other matters or questions related thereto.
CONSULTANT'S decisions in matters relating to artistic effect shall be
final if consistent with the intent of the Construction Documents, subject to
COUNTY'S approval. CONSULTANT shall review for comment or
approval any and all proposal requests, supplemental drawings and
information, substitutions, value engineering suggestions and change
orders.
2.2.9. Prepare, reproduce and distribute supplemental drawings, specifications
and interpretations in response to requests for clarification by Contractor
or COUNTY as required by construction exigencies. CONSULTANT'S
response to any such request must be received by COUNTY and
Contractor within five (5) business days. CONSULTANT will review and
respond to all submittals from Contractor, including but not limited to shop
drawings, within a reasonable period of time so as not to delay the
progress of the Work, but in no event, more than five (5) business days,
unless COUNTY expressly agrees otherwise in writing. Review of
Contractor's submittals is not conducted for the purpose of determining
the accuracy and completeness of other details, such as dimensions and
quantities, or for substantiating instructions for installation or performance
of equipment or systems, all of which remain the responsibility of
Contractor as required by the Contract Documents. CONSULTANT'S
review shall not constitute approval of safety precautions or, unless
otherwise specifically stated by CONSULTANT, of any construction
means, methods, techniques, sequences or procedures.
CONSULTANT'S approval of a specific item shall not indicate approval of
an assembly of which the item is a component.
2.2.10. CONSULTANT shall have authority to reject Work which does not
conform to the Construction Documents. Whenever, in its reasonable
opinion, CONSULTANT considers it necessary or advisable to insure the
proper implementation or the intent of the Construction Documents,
subject to COUNTY'S prior written approval, CONSULTANT will have
authority to require special inspection or testing of any Work in
accordance with the provisions of the Construction Documents whether or
not such Work be then fabricated, installed or completed.
2.2.11. CONSULTANT shall review and provide written comment upon all
Change Orders requests by the Contractor, as well as any cost estimate
associated with a Change Order request, prepared by Contractor. Upon
agreement by the COUNTY, the CONSULTANT shall prepare and provide
Change Orders or Work Change Directives to the COUNTY in accordance
with the COUNTY'S Administrative Procedures for approval and issuance
to the Contractor and revise the Construction Documents accordingly.
2.2.12 CONSULTANT shall submit to the applicable building permit office the
number of sets of drawings and/or documents reflecting the approved
changes in the Work as may be required by that office. Code compliance
issues must be approved by the applicable building permit office prior to
inspection of the subject Work.
A-4
2.2.13. CONSULTANT shall review the Project schedule, subcontractor
construction schedule(s), schedule(s) of shop drawing submittals and
schedule(s) of values prepared by Contractor and advise and/or
recommend in writing to COUNTY concerning their acceptability.
2.2.14. CONSULTANT shall attend meetings with Contractor, such as
preconstruction conferences, progress meetings, job conferences, pre-
closeout meetings and other Project-related meetings, and provide the
official meeting minutes for these meetings. The CONSULTANT'S official
meeting minutes will be in addition to any meeting agenda, or meeting
minutes prepared by the Contractor.
2.2.15. Receive notice from Contractor if other work related to the Project by
COUNTY'S own forces, by utility County's, or by other direct contractors
will involve additional expense to Contractor or require additional time and
promptly advise COUNTY in writing.
2.2.16. Receive copies of all accident reports submitted by Contractor and
promptly advise COUNTY.
2.2.17. Advise COUNTY of facts known to CONSULTANT which may constitute
an event of default on the part of the Contractor under the Contract
Documents, and advise and make recommendations to the COUNTY with
respect to the remedies available to the COUNTY under the Contract
Documents.
2.2.18. Review and comment upon, without assuming any liability for,
Contractor's quality control program.
2.2.19. Review the Work to confirm that the plans and facility comply with the
current Florida Building Code, and maintain a copy of the current Florida
Building Code at its office for review by Contractor. Report any
discrepancies observed or noted to COUNTY. The applicable building
permit office will prepare and issue the Certificate of Occupancy at the
appropriate time to the Contractor, on the form approved by COUNTY
2.2.20. CONSULTANT shall manage the COUNTY'S Project closeout process.
Upon notice from Contractor, and with the assistance of COUNTY,
CONSULTANT shall conduct the Substantial Completion inspection and if
appropriate issue the Certificate of Substantial Completion. Review and
comment upon, and supplement as appropriate, the punch lists to be
prepared by Contractor. Notify Contractor in writing of work not complete.
2.2.21. Upon notice from Contractor, conduct final inspections and assist
COUNTY in final acceptance of Project. If appropriate, issue the
Certificate of Final Inspection on the form approved by COUNTY
2.2.22. Evaluate all testing results and make recommendations to COUNTY.
2.2.23. Assist COUNTY in the establishment of programs of operation and
maintenance of the physical plant and equipment.
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2.2.24. Assist COUNTY and Contractor in the training of the facility operation and
maintenance personnel with respect to the proper operations, schedules,
procedures and inventory controls for the various Project equipment and
systems. Such assistance shall include assisting COUNTY in arranging
for and coordinating the instruction and training on operations and
maintenance of the Project's equipment and systems in conjunction with
the various manufacturer representatives. Further, CONSULTANT is to
attend all such training sessions, unless otherwise consented to by
COUNTY in writing.
2.2.25. Review for compliance with Contractor's obligation under the Contract
Documents, all operation and maintenance manual submittals, prior to
submittal to COUNTY.
2.2.26. Schedule via COUNTY and visit with COUNTY and Contractor the facility
at initial occupancy and at six (6) and eleven (11) months after issuance
of the Certificate of Substantial Completion. During each facility visit,
CONSULTANT shall observe, troubleshoot and advise in the operation of
building systems. This shall not relieve CONSULTANT of its obligation to
make other visits to the facility based on need should specific issues
arise.
2.2.27. After Contractor provides CONSULTANT with its marked-up "As-Built"
drawings and specifications, CONSULTANT will revise the final approved
Construction Documents to incorporate all "As-Built" information contained
in the Contractor's marked-up "As-Built" drawings and specifications, as
well as to reflect all addenda, contract changes and field changes
(sometimes referred to herein as the "Record Documents").
CONSULTANT shall provide COUNTY with one (1) electronic copy on
compact disk (CD) of the Record Documents, two sets of the conformed,
signed and sealed drawings and prints, and two sets of the conformed
Project Manual/Specifications signed and sealed.
2.2.27.1 The electronic copy on CD of the Record Documents shall be
provided in AutoCAD.dwg format, "purged and bound", and compatible
with COUNTY'S system.
2.2.27.2 Throughout the Construction Phase, CONSULTANT shall
review Contractor's marked-up "As-Built" drawings and Project
Manual/Specifications, on a regular basis, and at least monthly prior to
certification of Contractor's monthly payment application, to verify that
Contractor is regularly updating the "As-Builts"
2.2.28. Consult with, and recommend solutions to, COUNTY during the duration
of warranties in connection with inadequate performance of equipment,
materials or systems under warranty.
2.2.29. Submit a facility and equipment review schedule to COUNTY at the time
of Substantial Completion. Perform reviews of facilities and equipment
prior to expiration of warranty period(s) to ascertain adequacy of
performance, materials, systems and equipment. Submit a written report
to COUNTY.
A-6
2.2.30. Document noted defects or deficiencies and assist COUNTY in preparing
instructions to Contractor for correction of noted defects.
2.2.31. The CONSULTANT, upon final acceptance of the Project, shall issue and
sign the Certificate of Final Inspection on the form approved by COUNTY
3. DELlVERABLES:
CONSULTANT shall furnish documents in type, format, version and quantities indicated by
COUNTY.
,
,
,
,
,
A-7
SCHEDULE B
BASIS OF COMPENSATION
"Consulting, Engineering and Inspection (CEI) Services for NCWRF Compliance Project"
TIME AND MATERIAL
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to COUNTY as part of
its monthly invoice, a progress report reflecting the Project design and construction status, in
terms of the total work effort estimated to be required for the completion of the Basic Services
and any then-authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage complete
of each item.
B1.1.1 All monthly status reports and invoices shall be mailed or e-mailed to the
attention of: Pete Schalt, P.M.P. Project Manager
Collier County Government Center
3301 Tamiami Trail East, Building H, 3rd Floor
Naples, Florida 34112
peteschalt@colliergov.net
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, COUNTY agrees to make monthly
payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and
Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no
event shall such compensation exceed the amounts set forth in the table below.
ITEM TASK NOT TO EXCEED
AMOUNT:
1. Manaqement Enqineerinq Services $ 391,172.00
2. Detailed Observation & Yield Inspection $ 428,150.00
3 Additional Services $ 55,728.00
4 Reimbursable Expenses ~- 12,150.00
-----
TOTAL FEE (Total Items 1-4) $ 887,200.00
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 "Schedule of Fees and Basic Services" to this.
B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time
records, and any other documentation reasonably required by COUNTY, regarding
B-1
CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and
approved by COUNTY.
B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, COUNTY
agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based
on the services to be provided. The negotiated fee shall be based upon the rates
specified in Attachment I 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 COUNTY'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 COUNTY, pending resolution
of the dispute provided that COUNTY continues to pay to CONSULTANT all amounts
that COUNTY does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one invoice
per month for all fees and Reimbursable Expenses earned that month for both Basic
Services and Additional Services. Invoices shall be reasonably substantiated, identify the
services rendered and must be submitted in triplicate in a form and manner required by
County. 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 not to exceed task limits set forth in the table in Section 2.1 by the percentage
County has determined CONSULTANT has completed such task as of that particular
monthly billing.
B-2
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 I, 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 COUNTY. Such
expenses, if approved by COUNTY, may include coach airfare, standard
accommodations and meals, all in accordance with section 112.061,
F.S. Further, such expenses, if approved by COUNTY, 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 COUNTY.
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 COUNTY.
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.
B-3
SCHEDULE B - ATTACHMENT I
SCHEDULE OF FEES FOR BASIC SERVICES & HOURLY RATES
"Consulting, Engineering and Inspection (CEI) Services for NCWRF Compliance Project"
Task 1. Contract Administration: Not to exceed $ 391,172.00
. Construction Meetings
. Project Management, Pay Requests
. Submittals & RFls
. Electrical, Structural & Instrumentation Subs
. Project Completion
. Record Drawings
Task 2. Detailed Observation & Field Inspection: Not to exceed $ 428,150.00
. Sr. Inspector
. Engineer Site Visits
. Electricallnspection
. Structural & Instrumentation Inspections
. Startup and Testing
. Substantial & Final Completion Inspections
Task 3. Additional Services: Not to exceed $ 55,728.00
. Allowance: Field Survey
. Allowance: Special Materials Testing
. Operational Support Services
. Warranty Inspections
Task 4. Reimbursable Expenses: Not to exceed $ 12,150.00
. Copies, UPS, Postage
. Document Reproduction
8A
SCHEDULE B - ATTACHMENT I - Continued
HOURLY RATES
"Consulting, Engineering and Inspection (CEI) Services for NCWRF Compliance Project"
HOURLY RATES
Personnel Cateaorv
Principal
Senior Project JVranager
Project Manager
Senior Engineer
Engineer
Senior Inspector
Inspector
Senior Planner
Planner
Senior Designer
Designer
Environmental Specialist
Senior GIS Speolalist
GIS Specialist.
ClerIcal
Surveyor and Mapper
CADD Technician
Survey Crevv ~ 2 man
Survey Crevv - :3 man
Survey ere,^, - 4 man
8-5
Standard Houri" Rate
$195
$165
$148
$155
$119
$85
$65
$140
$110
$115
$100
$115
$145
$100
$60
$130
$85
$130
$160
$180
SCHEDULE C
PROJECT SCHEDULE
"Consulting, Engineering and Inspection (CEI) Services for NCWRF Compliance Project"
Task 1. Contract Administration:
to Proceed
. Construction Meetings
. Project Management, Pay Requests
. Submittals & RFls
. Electrical, Structural & Instrumentation Subs
. Project Completion
. Record Drawings
Task 2. Detailed Observation & Field Inspection:
Proceed
. Sr. Inspector
. Engineer Site Visits
. Electricallnspection
. Structural & Instrumentation Inspections
. Startup and Testing
. Substantial & Final Completion Inspections
Task 3. Additional Services:
. Allowance: Field Survey
. Allowance: Special Materials Testing
. Allowance: Inspection Overtime
. Operational Support Services
. Warranty Inspections
Task 4. Reimbursable Expenses:
. Copies, UPS, Postage
. Document Reproduction: As-Builts
C~I
Not to exceed 460 days from Notice
Not to exceed 460 days from Notice to
As Needed
As needed
SCHEDULE 0
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 COUNTY or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the COUNTY shall be filed with the
COUNTY 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
policies required shall be provided to COUNTY, on a timely basis, if requested by COUNTY.
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 COUNTY. CONSULTANT shall also notify COUNTY, 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
D-l
reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder,
CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or
self insurance program carried by the COUNTY applicable to this Project.
(6) The acceptance by COUNTY of any Certificate of Insurance does not constitute
approval or agreement by the COUNTY 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 COUNTY.
(8) Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the COUNTY 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 COUNTY for such costs within thirty (30) days after demand,
COUNTY has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between COUNTY and CONSULTANT. The COUNTY 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 COUNTY 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
D-2
CONSULTANT shall furnish to the COUNTY, 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 COUNTY with such renewal certificate(s) shall be deemed a
material breach by CONSULTANT and COUNTY 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 COUNTY 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
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 COUNTY 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
0-4
$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
(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 COUNTY, 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 COUNTY.
(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
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:
_ _ Bodily Injury & Property Damage - $ 500,000
_X_ 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 COUNTY as to any claims under
this insurance. Such insurance shall have limits of not less than:
~ $ 500,000 each claim and in the aggregate
X $1,000,000 each claim and in the aggregate
--
D-6
_ $2,000,000 each claim and in the aggregate
$5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the COUNTY.
(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 COUNTY.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or COUNTY, 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 COUNTY of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify COUNTY 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 COUNTY.
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.
D-7
PROJECT PROFESSIONAL LIABILITY
(1) If COUNTY notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with COUNTY and
COUNTY'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 COUNTY. Should no credit accrue to COUNTY,
COUNTY and CONSULTANT, agree to negotiate in good faith a credit on behalf of COUNTY 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 COUNTY
or COUNTY'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
c. Current deductibles/self-insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
(3) If COUNTY elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and COUNTY will provide professional liability Insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
D-8
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Hole Montes, Inc., hereby certifies that wages, rates and other factual unit costs
supporting the compensation for the services of the CONSULTANT to be provided under the
Professional Services Agreement, concerning 10-5479 CEI Services for NCWRF Compliance
Assurance Project are accurate, complete and current as of the time of contracting.
Hole Montes, Inc.
BY:
;(0
l
c::::::::
TITLE: SetJ1'or V;u ~;,L,,^.J-
DATE:
0/zg/lo
/
E-I
SCHEDULE F
KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS
Kev Personnel
Hole Montes
950 Encore Way, Naples, Florida 34110
239-254-2000
. Ronald E. Benson, Jr., Ph.D., P.E.
. H. Clifford Pepper, III, P.E.
Sub Consultants
Hazen and Sawyer - 15 to 18% participation
2101 NW Corporate Boulevard, Suite 301
Boca Raton, Florida 33431
561-997-8070
. Albert Muniz, P.E., Vice President
. Kurt A. Pfeffer, Senior Engineer
. Jean Paul Silva, Structural Engineering
. Anthony Cattaneo, Instrumentations / Controls
RKS Consulting Engineering Inc - RKS: 10% participation
15400 Shamrock Drive, Fort Myers Florida 33912
239-481-6775
. Don Williams P.E., Principal
F-l
~
ACORD'" CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDNYYY)
~ 6/28/2010
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND 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 holder is an ADDITIONAL INSURED, the policy(ies} must be endorsed. 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).
PRODUCER NAME; Amv Ruiz
Lutgert Insurance - Naples PHONE I rffc No,,?'Q_?~?_,,"n
PO Box 112500 lAiC No Extl: ::ng-?F>7. 717L-
Naples FL 34108 ~:lJ~ss: aruiz@lutoertinsurance .com
PRODUCER
..CUSTOMER lD #: HOLEM-1 - ,
INSURER{S) AFFORDING COVERAGE I NAIC# ---.
INSURED INSURER A TRANSPORTATION INS CO b0494
Hole Montes, Ine INSURER B :CONTINENTAL CAS CO 20443
HM&A Building & Trustee, LLC
P. O. Box 111629 INSURER C :FCCI INS CO 1012~_
Naples FL 34108 INSURER 0 :Continental Insurance Company 35289 -..-"
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER: 251575168
REVISION NUMBER' 2
THIS IS TO CERTiFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT
TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMiTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE IlfOLlCY EFF f,]'OLlCY EXP LIMITS
LTR POLICY NUMBER MMfDDNYYY MMIDDNYYY
D GENERAL LIABILITY 2082970875 11/1/2010 1/1/2011 EACH OCCURRENCE -J $1,000,000
- ~__H._
"-- pMERCIAL GENERAL LIABILITY ~~~~~J~E~~~~~~ence\ $ 100 , 000
- CLAIMS-MADE ~ OCCUR MED EXP (Anyone person) $5,000
~ Contractual Liab PERSONAL & ADV INJURY $1: 000, 000
.-.,--
~ Broadened Cover GENERAL AGGREGATE $2,000,000
~'L AGGREGA.!i LIMIT APr~~~tIPER PRODUCTS - COMP/OP AGG $2,000,000
POLICY I X ~~R.,: LOC $
D AUTOMOBILE LIABILITY 2082970830 1/1/2010 1/1/2011 COMBINED SINGLE LIMIT $1,000,000
(Eaaccident)
~ :NY AUTO , SODIL Y INJURY (Per person) I
_ ALL OWNED AUTOS i BODilY INJURY (Per accident) $
~ SCHEDULED AUTOS PROPERTY DAMAGE $
~ HIRED AUTOS {Per accident)
~-- ---
~ NON-OWNED AUTOS $
-
I $
A Y ~MBRELLA LIAS N OCCUR 2082970567 1/1/2010 '1/1/2011 ~CH OCCURRENCE $5,000,000
EXCESS LIAS CLAIMS-MADE AGGREGATE $5,000,000
_I DEDUCTIBLE e'~ . - --
L_. - .~-~
X 'RETENTION $ 0 $
C WORKERS COMPENSATION 11003 11/1/2010 1/1/2011 ; X I T'X~JmTN-~ I IOJ.';-
AND EMPLOYERS' LIABILITY YIN i ---------
ANY PROPRIETOR/PARTNER/EXECUTIVE D E,l. EACH ACCIDENT $50Q,OOO -----
OFFICER/MEMBER EXCLUDED? NIA
(Mandatory In NH) I E,l. DISEASE. EA EMPLOYE $500, O_~O -
If yes, describe under I . POLICY LIMIT I $500,000
DESCRIPTION OF OPERATIONS below ELDISEASE
B Professional Liability AEH113988730 11/1/2010 1/1/2011 Per Claim 2,000,000
I i Aggregate 2,000,000
.
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more spaclll~ required)
Re: Contract #10-5479 II Construction Engineering & Inspection (CEI) Services for the NCWRF Compliance
Assurance Project"
*30 Days notice of Cancellation except 10 for Non-Payment of PremJ.um.
Certificate Holder is Additional Insured with renards to General LJ.ab1.lJ.tv
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED
IN ACCORDANCE WITH THE POLICY PROVISIONS.
Collier County Board of County
Commissioners
3301 Tamiami Trail East AUTHORIZED REPRESENTATIVE
Naples FL 34112 ?Ja JJ.Jj~r
,
ACORD 25 (2009/09)
@ 1988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD