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#11-5690 (Atkins North America, Inc.) MEMORANDUM Date: August 19,2011 To: Diana De Leon, Contract Technician Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #11-5690: CEI and Related Services for SR 84 (Radio to Collier); CR 951 North from Collier to Main GG Canal Contractor: Atkins North America, Inc. Attached, is an original of the contract referenced above (Item #10B), approved by the Board of County Commissioners on Tuesday, June 28, 2011. The second original contract will be held on file with the Minutes and Record's Department in the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Attachment "'~ County ~ Services [)vjsion Purchasing Purchasing Department 3327 Tamiami Trail East Naples, Florida 34112 Telephone: (239) 252-8941 FAX: (239) 252-6700 Email: RhondaCummings@collierqov.net www.collierqov.net/purchasinq Memorandum Subject: Contract # 11-5690 "CEI and Related Services for SR84 (Radio to Collier); CR951 North from Collier to Main GG Canal" Date: August 3, 2011 From: Diana De Leon for Rhonda Cummings, FCCN, CPPB, Procurement Strategist To: Ray Carter, Risk Manager This Contract was approved by the BCC on June 28, 2011 Agenda Item 10.8 The County is in the process of executing this contract with Atkins North America, Inc. The insurance requirements begin on page 0-1 Please review the Insurance Certificate(s) for the referenced Contract. . If the insurance is not in order. please contact the vendor/insurance company to obtain a proper certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. . If the insurance is in order. please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. If you have a.~y. questions, please contact me at the above referenced information. C: DATE RECEIVED AUG 0 4 2011 Marlene Messam, Project Manager, TECM RISK MANAGEMENT ~ (Please route to County Attorney via attached Request tor Legal Services) ~ ~~ G/Acquisitions/AgentFormsandLetters/RiskMgmtReviewoflnsurance4/15/201 0/16/09 Contract #11-5690 CEI and Related Services for "SR84 (Davis Blvd) Radio Road to Collier Blvd; SR84/SR951 Intersection Improvements; Collier Blvd (SRlCR 951) North to Magnolia Pond Drive; and CR 951 (Collier Blvd) North to the Main Golden Gate Canal" Projects #60073 & 60092 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this ;;l.rday of Ju.V\~iJDO 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 Atkins North America, Inc. authorized to do business in the State of Florida, whose business address is 4030 West Boy Scout Boulevard, Suite 700, Tampa, Florida 33607 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, the OWNER desires to obtain the professional Construction, Engineering and Inspection (CEI) and related services of the CONSULTANT concerning "SR84 (Davis Blvd) Radio Road to Collier Blvd; SR84/SR951 Intersection Improvements; Collier Blvd (SRlCR 951) North to Magnolia Pond Drive; and CR 951 (Collier Blvd) North to the Main Golden Gate Canal (inclusive of Projects #60073 & 60092) (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 TPA#1953637.9 PSA 1 ~ 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 OWNER professional Construction, Engineering and Inspection (CEI) and related 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. TPA#1953637.9 PSA 2 1.5. CONSULTANT designates Steven Martin. P.E. a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote 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 a.ccordance 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 TPA#1953637.9 PSA 3 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. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through an Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. TPA#1953637.9 PSA 4 The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Administrative Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to this Agreement prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by TPA#1953637.9 PSA 5 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. 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. TPA#1953637.9 PSA 6 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; (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, TPA#1953637.9 PSA 7 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 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 TPA#1953637.9 PSA 8 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. 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. TPA#1953637.9 PSA 9 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 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 TPA#1953637.9 PSA 10 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. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any TPA#1953637.9 PSA 11 deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or self-insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER applicable to this Project. 9.3.4. The Certificates of Insurance, which are to be provided in the form attached as Attachment I to Schedule D, must identify the specific Project name, as well as the site location and address (if any). 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.3.6. All insurance policies to be provided by CONSULTANT pursuant to the terms hereof must expressly state that the insurance company will accept service of process in Collier County, Florida and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Collier County, Florida. 9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any TPA#1953637.9 PSA 12 such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. 1 0.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by terms this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall TPA#1953637.9 PSA 13 provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, and/or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, and/or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT and/or by any of CONSULTANT'S principals, officers or directors, and/or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, and/or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, and/or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT TPA#1953637.9 PSA 14 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. 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 TPA#1953637.9 PSA 15 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. 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 TPA#1953637.9 PSA 16 supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners Collier County Florida Purchasing Department, Building G 3327 Tamiami Trail East Naples, FL 34112 TPA#1953637.9 PSA 17 Attention: Steven Y. Carnell Fax: 239-252-6584 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: Atkins North America, Inc. 1514 Broadway, Suite 203, Fort Myers, Florida 33901 Telephone: 239-334-7275 Fax: 239-334-7277 Attn: Michael R. Ryan, PE, PMP 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. TPA#1953637.9 PSA 18 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. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS TPA#1953637.9 PSA 19 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 executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real TPA#1953637.9 PSA 20 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 OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2 Consultant Presentations At the discretion of the County, the Consultant may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Consultant shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. TPA#1953637.9 PSA 21 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for CEI and Related Services for "SR84 (Davis Blvd) Radio Road to Collier Blvd; SR84/SR951 Intersection Improvements; Collier Blvd (SRlCR 951) North to Magnolia Pond Drive; and CR 951 (Collier Blvd) North to the Main Golden Gate Canal" (inclusive of Projects #60073 & 60092) the day and year first written above. ATTES,'J.,:....".H "".:, ,/ "'~. B0APD ',,/.;, / I\.tl I". ". . C' "","_ " Dvyigtrl ,f;:~f,Q~,.;~tk ) 'f, ~,;;;.;t \~'" --= '?' y~\ BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, By: Fred W. Coyle, Chairman '1uJ-w. ~ Approved as to form and legal~ciency: , J ~11- R f-t-A- Assiotant County Attorney "De~ Atkins North America, Inc. -~k~ Witr1E3ss By: )Ju~v1 /t)J)kt/ I' Kevin Callahan / VP Typed Name and Title steven W. Martin / VP Typed Name and Title " . :).~u,kv,k~ Wltn s Jacqueline Bailev / Program Assistant III Typed Name and Title TPA#1953637.9 PSA 22 SCHEDULE A SCOPE OF SERVICES Consulting, Engineering and Inspection (CEI) and Related Services for: "SR84 (Davis Blvd) Radio Road to Collier Blvd; SR84/SR951 Intersection Improvements; Collier Blvd (SRlCR 951) North to Magnolia Pond Drive; and CR 951 (Collier Blvd) North to the Main Golden Gate Canal" Projects #60073 & 60092 1.0 PURPOSE..... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... A2 2.0 SCOPE... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....... ... ... ... ... ..... A2 3.0 DEFINITIONS... .... ... ... ... ... ... ... ... ... ....... ... ... ... ... ... ... ... ... ... ... ... ..... A2 4.0 ITEMS TO BE FURNISHED BY COLLIER COUNTY TO CONSULTANT... ... ... ... ... ... ... ........ ... ... ... ... ... ... ... ... ... ... ... ...... ... ... A3 5.0 ITEMS FURNISHED BY THE CONSULTANT.................................. A4 6.0 LIAiSON....... ...... ..................... ......... ... .......................... .......... A6 7.0 COOPERATION AND PERFORMANCE OF THE CONSULTANT..... ... ... ... ... ... ... ... ... ... ... ... ... ... ....... ... ....... ... ... ... ..... A6 8.0 REQUIREMENTS ... ... ... ... ..... ... ... ... ... ... ... ... ... ... ... ....... ... ... ....... ... A7 8.1 General.... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....... ... ... ............ A7 8.2 Survey Control................................................................. A7 8.3 On-site Inspection...... ... ... ..... ... ... ... ... ... ... ... .... ... ... ... ... ... ..... A8 8.4 Testing ... ..... ... ... ... ... .... ... ... ... ... ... ... ... ... .... .... ... ... ... .... ... .... A8 8.5 Management Engineering Services ...................... .. . .. .... .. ...... A9 8.6 Contractor's CPM Schedule................................................ A 14 8.7 Constructability Review... ... ... ... ... ... ...... ... ... ..... ... ... ... ... ... ..... A15 9.0 PERSONNEL ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ......... ... ... ... A16 9.1 General Requirements ........................................................ A16 9.2 Personnel Qualifications ... ... ....... ... ... ... ... ... ... ... ... ... .... ... ... .... A16 9.3 Staffing ......... ... ... ... ... ...... ...... ... ... ... ... ... ... ... ... ... ... ... .... ...... A16 9.4 Licensing for Equipment Operation ......................................... A 17 10.0 SUBCONSUL TANT SERVICES ...... ...... ......... ...... .................. ......... .......... A17 11.0 OTHER SERVICES ....... .................................. ... ......... ...... ... ......... A17 12.0 POST CONSTRUCTION CLAIMS REViEW........................................ A17 13.0 CONTRADICTIONS ............................................................. ............. A 18 14.0 LENGTH OF SERViCE........................ ............................ ......... ........... A 18 15.0 INVOICING INSTRUCTION .............................................................. A18 EXHIBIT "A-A" - MINIMUM TRAINING AND EXPERIENCE STANDARDS FOR CONSULTANT PERSONNEL...................... ...... ......... ... ...... ... .......... M 1 TPA#1953637.9 PSA A-I SCOPE OF SERVICES CONSTRUCTION ENGINEERING AND INSPECTION 1.0 PURPOSE: This scope of work describes and defines the services, which are required for construction engineering, inspection, materials sampling and testing, and contract administration for the construction project listed below. 2.0 SCOPE: The CONSTUL T ANT shall be responsible for construction engineering and administrative functions as defined in this Scope of Services and referenced manuals and procedures, which are normally handled by a Florida Department of Transportation (FDOT) Project Engineer. The CONSULTANT shall utilize effective control procedures, which will assure that the construction of the project listed below is performed in reasonable conformity with the plans, specifications, and contract provisions for such projects. The project for which the services are required is: COUNTY Project Nos: 60073 and 60092 Description: SR 84 from Radio Road to CR 951 to Main Golden Gate Canal County: Collier The CONSULTANT shall provide technical and administrative personnel meeting the requirements set forth in Section 9.0 of this Scope of Services in appropriate numbers at the proper times to ensure that the responsibilities assigned under this Agreement are effectively carried out. All construction, engineering, inspection and administration activities shall be performed in accordance with the established standard procedures and practices of the Florida Department of Transportation. Prior to furnishing any services, the CONSULTANT shall be familiar with those FDOT standard procedures and practices and with the procedures and practices for construction, engineering, inspection and contract administration used by Collier County Transportation Engineering and Construction Management Department (T.E. & C.M.D.). The Construction Project Manager will track the execution of the construction contract in order to ensure that the CONSULTANT is given timely authorization to begin work. While no personnel shall be assigned until written notification by the Construction Project Manager has been issued, the CONSULTANT shall be ready to assign personnel within two weeks of notification. For the duration of the project, the CONSULTANT shall coordinate closely with the Construction Project Manager and Contractor to minimize rescheduling of CONSULTANT activities due to construction delays or changes in scheduling of Contractor activities. 3.0 DEFINITIONS: A. CONSULTANT Senior Proiect Engineer: The Engineer assigned by the CONSULTANT to manage one or more Construction Projects. This person TPA#1953637.9 PSA A-2 may supervise other CONSULTANT employees and act as the lead Engineer for the CONSULTANT. B. CONSULTANT Proiect Engineer: The Engineer assigned by the CONSULTANT to manage this project. C. Construction Proiect Manager: The Collier County T.E. & C.M.D. employee assigned to manage the Construction Engineering and Inspection Contracts. The Construction Project Manager will be in responsible charge and direct control of the projects. D. CONSULTANT: The Consulting firm under contract to Collier County for administration of Construction Engineering and Inspection services. E. Contractor: The individual, firm, or company contracting with Collier County T.E. & C.M.D. for performance of work or furnishing of materials. F. Contract: The written Agreement between Collier County and the Contractor setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of labor and materials, and the basis of payment. G. CONSULTANT Contract: The written Agreement between Collier County and the CONSULTANT setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of services, and the basis of payment. H. Engineer of Record: The Engineer noted on the Construction plans as the responsible person for the design and preparation of the plans. 1. Community Liaison: The Collier County employee assigned to manage Public Information for the Collier County T.E. & C.M.D. J. OWNER: The Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida. K. COUNTY: Collier County, a political subdivision ofthe State of Florida. 4.0 ITEMS TO BE FURNISHED BY COLLIER COUNTY TO CONSULTANT: A. The following items will be furnished by Collier County T.E. & C.M.D. on an as needed basis. The CONSULTANT shall submit a request in writing for needed items to the Construction Project Manager. 1. Contract documents for each project as follows: 5 sets Construction Plans - 11" x 17" 5 sets Special Provisions 1 copy Contract Form 2. All standard forms for use under the terms of this Agreement will be provided in hard copy at the Pre-Services meeting and via electronic TPA#1953637.9 PSA A-3 mail. The CONSULTANT shall utilize only Collier County forms on the project. 5.0 ITEMS FURNISHED BY THE CONSULTANT: The COUNTY will require a satellite office for this project. The CONSULTANT shall be reimbursed for allowed expenses associated with this satellite office. The office must have at a minimum the following essential items to support the project: Office space within a desired radius to the project for the duration of the project Office telephone Copier rental/lease Consultant shall list this fixed monthly cost as a line item of the cost proposal titled Field Office Expenses", and shall also be listed as such on invoices submitted to the COUNTY for payment. A. The CONSULTANT shall also furnish such other storage and parking space, as approved by the Construction Project Manager, to effectively carry out their responsibilities under this Agreement. The CONSULTANT shall provide the appropriate number of vehicles to accommodate their project personnel. Equipment supplied by the CONSULTANT shall consist of items determined by the Construction Project Manager to be essential in order to carry out the work under this Agreement. The CONSUL T ANT will provide all survey equipment, testing equipment, photographic equipment, tapes, rules, and any other items necessary. B. All applicable FDOT documents shall be a condition of this Agreement. The documents normally required by the CONSULTANT are listed below. The CONSULTANT shall review this list and obtain those documents that are not in his possession as well as any other applicable document that may be required that are not listed below. Most items can be purchased through the following address. All others can be acquired through the District Office or on-line at www.dot.state.fl.us. Florida Department of Transportation Maps and Publication Sales 605 Suwannee Street, M.S. 12 Tallahassee, Florida 32399-0450 Telephone No. (904) 488-9220 Documents normally required by the CONSULTANT shall include, but are not limited to, the following list of documents. The version to be used shall be in compliance with the project plans and specifications. 1. Materials Directives: Directives convey certain FDOT practices and procedures relating to sampling and testing of materials entering into construction project. 2. Materials Sampling, Testing, and Reporting Guide: This schedule sets out the method of acceptance for minimum sampling frequency, sample, size, responsibility for sampling, TPA#1953637.9 PSA A-4 ll_'" . --, The CONSULTANT shall verify the existence and accuracy of location for all reference points and baseline control points indicated on the plans. The CONSULTANT shall reestablish any missing or disturbed control points as required to maintain the accuracy for survey control. The CONSULTANT shall establish the survey control baseline( s) along with sufficient baseline control points and benchmarks at appropriate intervals along the project for use by the CONSUL T ANT in performing verification surveys of construction layout. The CONSULTANT shall: 1. Make and record measurements necessary to calculate and document quantities for pay items; 2. Make and record preconstruction cross section surveys of the project site where earthwork (i.e., embankment, excavation, subsoil excavation, etc.) is part of the construction project. 3. Perform incidental engineering surveys necessary to carry out the services covered by this Agreement and to verify and confirm the accuracy of the Contractor's survey layout work. 8.3 On-site Inspection: The CONSULTANT shall monitor the Contractor's on-site construction operations and inspect materials entering into the work as required to assure that the projects are completed in reasonable conformity with the plans, specifications, and other Construction Contract provisions. The CONSULTANT will monitor all off-site activities and fabrication. The Consultant shall keep detailed accurate records of the Contractor's daily operations and of significant events that affect the work. The standard procedures and practices for inspection of construction projects are set out in the FDOT Construction Manual. In general, the CONSULTANT shall perform in accordance with these standard procedures and practices and with other accepted practices as appropriate and authorized by the Construction Project Manager. CONSULTANT employees responsible for Work Zone traffic control plan design, implementation, inspection, and/or for supervising the selection, placement, or maintenance of traffic schemes and devices in work zones shall be certified according to FDOT guidelines for Maintenance of Traffic Training (Topic No. 625-010-010-a). 8.4 Testing: The CONSULTANT shall perform, in conjunction with an independent, licensed laboratory, whose selection has been approved in writing by the Construction Project Manager, hired by the CONSULTANT, sampling and testing of component materials and completed work items so that the materials and workmanship incorporated in the project are in reasonable conformity with the plans specifications and contract provisions. The minimum sampling frequencies set out in the Florida Department of Transportation Materials Sampling, Testing and Reporting Guide shall be met. In complying with the aforementioned guide, the CONSULTANT shall perform all on-site sampling of materials and such testing of materials and completed work items that are normally done in the vicinity of the project. Inspection and sampling of materials TPA#1953637.9 PSA A-8 and components required at locations remote from the vicinity of the project and testing of materials normally done in a laboratory remote from the project site will also be included. The CONSULTANT shall be specifically responsible for determining the acceptability of all materials and completed work items on the basis of either test results or verification of a certification, certified mill analysis, D.O.T. label, D.O.T. stamps, etc. The Construction Project Manager will monitor the effectiveness of the CONSULTANT'S testing procedures by obtaining and testing independent assurance samples. Independent assurance sampling is necessary to verify compliance with the specification requirements. The CONSUL T ANT shall notify the Construction Project Manager of schedules for sampling and testing as the work progresses on the construction contract so that Progress and Final Record sampling can be accomplished at the discretion of the County at the proper time. The CONSULTANT shall also be responsible for the progress record sampling of reinforcing steel. The CONSULTANT shall perform all necessary surveillance and inspection of the on-site hot-mix asphalt operations. The CONSULTANT shall provide surveillance and acceptance sampling and testing at any hot-mix asphalt plant providing mixes to a project under a Quality Assurance Specification. The CONSULTANT shall transport laboratory samples to the appropriate laboratory. The CONSULTANT shall provide daily surveillance of the Contractor's Quality Control activities at the project site in regard to concrete and perform acceptance sampling at the specified frequency. Sampling, testing and laboratory methods shall be as required by the Florida Department of Transportation's Standard Specifications or as modified by the contract provisions. Documentation reports on sampling and testing shall be submitted to responsible parties during the same week that the construction work is done or as otherwise directed by the Construction Project Manager. The CONSULTANT shall supply CTQP (Construction Training Qualification Program) qualified technicians for concrete inspection. The CONSULTANT shall supply CTQP qualified Asphalt Paving and Plant Technicians for asphalt inspection. The CONSULTANT shall supply CTQP qualified Earthwork Construction Inspection Technicians for embankment, pipe backfill, subgrade, base and asphalt inspection. 8.5 Management Engineering Services: The CONSULTANT shall perform all management-engineering services necessary to properly coordinate the activities of all parties involved in completing the project. These include maintaining complete, accurate records of all activities and events relating to the project; properly documenting all significant project changes; interpreting plans, specifications, and Construction Contract provisions in conjunction with the Engineer of Record; making recommendations to Construction Project Manager to resolve Construction Contract disputes; and maintaining an adequate level of surveillance of Contractor activities. The CONSULTANT shall also perform other management engineering services normally assigned to a Project Engineer that are required TPA#1953637.9 PSA A-9 to fulfill its responsibilities under this Agreement. All recording and documentation will comply with standard FDOT and COLLIER COUNTY procedures, formats, and content. Services include, but are not limited to, the following: (1) Schedule and attend, within ten (10) days after the Notice to Proceed, a pre-servIce conference for the project in accordance with FDOT Procedure 700-000-000-a. At the pre-service meeting the CONSULTANT shall submit Action Request packages for Personnel Approval for immediate staff needs and a copy/computer file of the final negotiated staffing. The CONSULTANT shall record a complete and concise record of the proceedings of the meeting and distribute copies of these minutes to the participants and other interested parties within seven (7) days of the meeting date. (2) Prepare and submit to the Construction Project Manager for county approval, within thirty (30) days after the pre-service meeting, a hard copy of the project specific CONSULTANT Contract administration documents listed below. The CONSULTANT Contract administration documents, which shall be routinely used by the CONSULTANT throughout the project, shall be in the format and content provided by Collier County T.E. & C. M. D. The CONSULTANT Contract administration documents consist of but are not limited to the documents listed below: a. Action Request Form CONSUL T ANT Authorization to Execute Work Orders Letter of Transmittal Form Request For Supplemental Services Scope of Services Supplement No. Contract Status Report, or other approved fund tracking report CEl CONSULTANT Firm Estimated Staffing (completed in accordance with the original CONSULTANT Contract agreement) CEl CONSULTANT Fee Proposal CEl CONSULTANT Data (3) Schedule and conduct a preconstruction conference for the project in accordance with Article 8-3.5 of the FDOT Standard Specifications for Road and Bridge Construction. Record significant information revealed and decisions made at this conference and distribute copies of these minutes to the appropriate parties. The meeting shall also be electronically recorded and the CONSULTANT shall maintain all tapes of the meeting for the duration of the Contract. (4) Maintain on a daily basis a complete and accurate record of all activities and events relating to the project and a record of all work completed by the Contractor, including quantities of pay items in conformity with Final Estimates preparation procedures and specifications. (5) Maintain a Project Diary in conformity with FDOT format. (6) Maintain a log of all materials entering the work with proper indication of the basis of acceptance of each shipment of material. TPA#1953637.9 PSA A-IO (7) Maintain records of all submittal dates and testing accomplished under Section 8.2 - 8.7 of this Exhibit "A" and analyze such records required to ascertain acceptability of materials and completed work items. (8) Once each month, prepare a comprehensive tabulation of the quantity of each pay item satisfactorily completed to date. Quantities shall be based on daily records or calculations. Calculations shall be retained. The tabulation will be used for preparation of the Monthly Progress Estimate. (9) For interpretations of the plans, specifications, and Contract prOVISIOns, the CONSULTANT shall consult with the Construction Project Manager when an interpretation involves complex issues or may have an impact on the cost of performing the work. When warranted, the Construction Project Manager may request an interpretation from the Engineer of Record. The Construction Project Manager shall coordinate all requests for involvement of the Engineer of Record. (10) Analyze problems that arise on a project and proposals submitted by the Contractor and prepare and submit a recommendation to the Construction Project Manager. (11) Analyze changes to the plans, specifications, or Construction Contract provisions and extra work which appear to be necessary to carry out the intent of the Contract when it is determined that a change or extra work is necessary and such work is within the scope and intent of the original Construction Contract. Recommend such changes to the Construction Project Manager for approval. (12) Manage the Contractor's CPM Schedule in accordance with the requirements outlined in Section 8.6, Contractor's CPM Schedule. (13) Analyze major problems that arise on the project and prepare a recommendation to the Construction Project Manager. (14) When it is determined that a modification to the original Contract for a project is required due to a necessary change in the character of the work, negotiate prices with the Contractor and prepare the required change order and related documentation in accordance with applicable Collier County Procurement Administrative procedures. The CONSULTANT shall provide an analysis of the cost and/or time adjustments associated with the change order. If a Work Order Directive must be issued to the Contractor, it shall be issued in compliance with the current Collier County Procurement Administrative procedures. (15) In the event that the Contractor gives either written or verbal notice that he deems certain work to be performed is beyond the scope of the Contract and that he intends to claim additional compensation, the CONSULTANT shall maintain accurate cost account records of such work. These records shall include manpower and equipment times and materials installed (temporary or permanent) in the portion of the work in dispute. (16) In the event that the Contractor for a project submits a claim for additional compensation, the CONSULTANT shall analyze the submittal and prepare a recommendation to Collier County Project Manager covering validity and reasonableness of charges and conduct negotiations leading to recommendations for settlement of the claim. Maintain complete, accurate force account and other records of work involved in claims. TPA#1953637.9 PSA A-ll (17) In the event that the Contractor for a project submits a request for extension of the allowable Contract time, analyze the request and prepare a recommendation to Construction Project Manager covering accuracy of statements and the actual effect of delaying factors on completion of controlling work items. (18) Prepare the Final Estimate and submit to the Construction Project Manage, with backup computations accompanying Computations Booklet in accordance with FDOT Field Standards for Final Estimates Manual. This task must be completed within Twenty (20) calendar days after conditional or final acceptance of a project by Collier County T.E. & C.M.D. (19) Monitor each construction project to the extent necessary to determine whether construction activities violate the requirements of any permits. For each project that requires the use of the NPDES General Permit, supply at least one inspector who has successfully completed the "Florida Stormwater, Erosion, and Sedimentation Control Training and Certification Program for Inspectors and Contractors." Notify the Contractor of any violations or potential violations and require his immediate resolution of the problem. Violations must be reported to the construction Project Manager immediately. NPDES Erosion Control Inspection Requirements (if implemented by the Department of Environmental Protection): Those facilities that have an NPDES Permit and which discharge storm water from construction activities directly to waters of the United States which are listed on the EP A approved 303( d) list for total suspended solids (TSS), or other indicators of solids transportation such as turbidity, siltation, or sedimentation shall comply with the following: a. The permittee shall monitor by grab sample by a Certified NPDES Inspector, during regular working hours, once per month within the first 30 minutes of a qualifying event or within the first 30 minutes of the beginning of the discharge of a previously collected qualifying event for Settleable Solids (mil), Total Suspended Solids (mg/l), Turbidity (NTUs), and flow (MGD). b. Where the receiving water has flow upstream from the discharge, a background sample for Settleable Solids, Total Suspended Solids, and Turbidity shall be taken in stream at mid depth and immediately upstream from the influence of the discharge of storm water from the site. c. The soil type and average slope of the drainage area for each outfall shall be reported with the Discharge Monitoring Report submitted in accordance with section "e" (below). d. A qualifying event for the purpose of this section is a rain event of 0.5 inches or greater in a 24-hour period as determined by the project rain gauge. e. Data collected in accordance with the above items shall be submitted to Environmental Protection Agency, the Florida Department of Environmental Protection, Construction Project Manager and a copy retained for the project file. f. Collect, store, and transport the samples per NPDES Storm Water Sampling Guidance Document (EPA 883-B-92-001). g. Flow at the outfall should be estimated by Section 3.2.2 of the NPDES Storm Water Sampling Guidance Document. TPA#1953637.9 PSA A-12 h. Within 48 hours of collection of samples, deliver the samples to a laboratory. i. Shop drawing/sample submittals shall be coordinated and the status tracked as each progress through review and approval. The CONSULTANT shall actively encourage all reviewers to accomplish reviews promptly. (20) Provide timely coordination between the Contractor and utility companies to assure that conflicting utilities are removed, adjusted, or protected in place to minimize delays to construction. Documentation will be maintained in accordance with FDOT procedures. (21) The CONSULTANT Project Engineer will conduct a weekly meeting as required with the respective Contractor, subcontractors, and/or utility companies to review plans, schedules, problems, and other concerns. The Community Liaison shall attend these meetings. The CONSUL T ANT shall record the results of the meeting in written minutes. The CONSULTANT shall distribute the meeting minutes as directed by the Construction Project Manager. These meetings shall also be recorded electronically and the CONSULTANT shall maintain the recordings for the duration of the Contract. (22) Conduct and document field reviews of the maintenance of traffic operation during and after normal working hours and on weekends, nights, and holidays. Special concern shall be given to pedestrian and bicycle access throughout the work. (23) Perform survey work when required or requested by the Construction Project Manager. (24) Produce reports; verify quantity calculations, and field measure for payment purposes as needed to prevent delays in Contractor operations. (25) With each monthly invoice submittal, the CONSULTANT Project Engineer will provide a reviewed and approved Contract Status Report for the CONSULTANT Contract. This report will supply the CONSULTANT Project Engineer's accounting of the additional Contract calendar days allowed to date, an estimate of the additional Contract calendar days anticipated to be added to the original Contract schedule time, an estimate of the Contract completion date, and an estimate of the CONSULTANT funds expiration date per CONSULTANT Contract schedule for the prime CONSULTANT and for each subconsultant. (26) When the CONSULTANT identifies a condition that will require a modification to the CONSUL T ANT Contract, the CONSULTANT will communicate the need to the Construction Project Manager for an approval in concept. Once received, the CONSULTANT shall prepare and submit the request and all accompanying documentation to the Construction Project Manager and for approval and further processing. The CONSULTANT shall submit the modification request prior to the depletion of the CONSULTANT Contract funds (consistent with and in accordance with the Contract Status Report) and shall allow Collier County adequate time to process, approve, and execute the modification. The content and format of the contract modification request and accompanying documentation shall be in accordance with the instructions and format for the Collier County T.E. & C.M.D. (27) The CONSULTANT for the project shall be responsible for performing follow-up activities to determine the status of each contract modification request submitted to the Construction Project Manager. TPA#1953637.9 PSA A-13 (28) The Construction Project Manager will normally perform a CONSULTANT CEI PERFORMANCE EVALUATION at the completion of the project. The Construction Project Manager will meet with the CONSULTANT, at the CONSULTANT'S request, to discuss the performance evaluation. (29) Provide general public information services as required. Prepare "Road Alerts" for Community Liaison's release concerning lane closures, traffic switchovers, detours, etc. Inquiries from public officials and the news media shall be directed to the office of the Community Liaison for coordination. Prepare newsletters for distribution to adjacent property owners as may be required. The Construction Project Manager must approve, in conjunction with the Community Liaison, all brochures, responses to news media, etc., prior to release. (30) Prepare and submit to the Construction Project Manager monthly, a Construction Status Report. (31) Video tapes the preconstruction conditions throughout the project limits. Provide a digital photo log of project activities, with heavy emphasis on potential claim items/issues and on areas of real/potential public controversy. The Consultant shall use a software system fully compatible with Collier County Software to manage the digital picture album system. 8.6 Contractor's CPM Schedule: Initial CPM Review and Validation The CONSULTANT shall analyze the Contractor's CPM Schedules for completeness and flow of activities, assuring that this schedule meets the Contract documents. This overview will validate that the schedule is functional, the information provided is reasonable, and the Contractor's plan for project completion within the Contract time is reasonable. The CONSULTANT shall provide the Contractor a written review that identifies any significant omissions, improbable durations, or errors in logic and provide the Construction Project Manager with recommendations pertinent to planning and scheduling the project work and completion of the project within the allowed Contract time. Monthly Progress Review The CONSULTANT shall track Contractor actual progress against the baseline schedule and conduct a montWy schedule update meeting with the Contractor. The CONSULTANT shall assure the Contractor complies with all requirements for periodic schedule updates and review the updates within 15 days to determine their accuracy. The CONSULTANT shall review all schedule changes. The CONSULTANT shall identify and document any future or existing problems and require the Contractor to disclose in writing his plans for preventing or resolving these problems. The CONSULTANT shall prepare and distribute minutes of the Monthly Progress Review meeting-to-meeting attendees and other interested parties. Contract Modifications The CONSULTANT shall assure that Contract modifications are based In the latest approved schedule and reflected in the next version of the Contractor schedule. TPA#1953637.9 PSA A-14 Planning The CONSULTANT shall work with the Contractor to establish a two-week look ahead schedule indicating expected Contractor work for discussion at the regular progress meetings. The anticipated work activities will be reviewed with all affected utility companies. The CONSULTANT shall use this schedule to establish whether or not the Contractor's near term plan will resolve or mitigate any previously unanticipated conflict or issues. As Built Plan The CONSULTANT shall check and verify the accuracy of the Contractor's as-built construction plans monthly by comparing it with the Contractor's daily logs. 8.7 Constructability Review: The CONSULTANT may be requested to provide a Constructability Review for the 60% and 90% design plans. This review shall be conducted by the CONSULTANT utilizing his experience and knowledge to perform a complete review of the project including the following items: design, environmental issues, permitting, maintenance of traffic, right of way, utility coordination and construction methods and procedures. The review will include field visits, notation of special environmental or job site conditions and a thorough review of the plans, specifications, contract documents and bid items. The CONSULTANT will notify the Engineer of Record and the Construction Project Manager of his findings and work with them to resolve the Issues. The Constructability Review shall be the first task of work to be completed. The review and reports shall be completed and transmitted to the Construction Project Manager within fourteen (14) days of the date the County issues the appropriate plans for review. During the Constructability Review, the CONSULTANT shall be sure to address the following items: Make sure the description of work is clear and concise. Review the list of pay items to ensure that all items of work are appropriately covered. Review the summary of quantities to be sure all given quantities is accurate. Review and comment on whether or not the construction sequence phasing and maintenance of traffic have been correctly addressed and handled. Be sure contract allows an adequate amount of time to reasonably construct the contract. Review the contract documents to ensure that the actual field conditions have been investigated and clearly represented in the documents. Review such items as Utilities Right of Way, Drainage, Maintenance of Traffic, Construction Sequences and Phasing, Permit Conditions, Quantities and Equipment requirements, Note any items that may cause problems with the project. TPA#1953637.9 PSA A-I5 Consider and comment on the field inspection standards, geotechnical investigation requirements, environmental compliance requirements and maintenance of traffic concepts. Determine the feasibility of construction equipment ingress, egress and placement at the jobsite including right of way and/or construction easement requirements, soil conditions to support heavy equipment. The CONSULTANT used in the review shall be an individual who will be involved in the actual construction of the overall projects. They shall be thoroughly knowledgeable of current specifications, policies and procedures used by Collier County and FDOT for the design and construction of highway facilities. 9.0 PERSONNEL: 9.1 General Requirements: The CONSULTANT shall staff the project with the qualified personnel necessary to efficiently and effectively carry out its responsibilities under this Agreement. Acceptable staffing of personnel to be assigned to this project is outlined in Exhibit "A-A." 9.2 Personnel Qualifications: The CONSULTANT shall utilize only competent personnel, qualified by experience and education. The CONSULTANT shall submit in writing to the Construction Project Manager the names of personnel proposed for assignment to the project, including a detailed resume for each with respect to salary, education, and experience. Minimum qualifications for the CONSULTANT personnel are set forth in Exhibit "A-A" to this Agreement. The CONSULTANT Action Request form for personnel approval shall be submitted to the Construction Project Manager at least two weeks prior to the date an individual is to report to work. 9.3 Staffing: Once authorized, the CONSULTANT shall establish and maintain an appropriate staff through the duration of construction and completion of the final estimate. Responsible personnel, thoroughly familiar with all aspects of construction and final measurements of the various pay items, shall be available to resolve disputed final pay quantities until the appropriate Contract has been paid off. Proposed staff, including qualifications, must be submitted using Action Request forms provided by Collier County. These will be previewed and pre approved by the Construction Project Manager. Previously approved staff, whose performance is unsatisfactory, shall be replaced by the CONSULTANT within one week of Collier County notification. Personnel identified in the CONSULTANT technical proposal are expected to be assigned as proposed and are committed to performing services under this CONSULTANT Agreement. Personnel changes will require written approval from Collier County. As Contractor operations on a Contract diminish, the CONSULTANT shall appropriately reduce the personnel it has assigned to that project. Construction engineering and inspection forces are required of the CONSULTANT at all times while the Contractor is working on the TPA#1953637.9 PSA A-16 Contract, but if Contractor operations stop, the CONSULTANT shall reduce its forces accordingly. CONSULTANT personnel adjustments recommended by the Construction Project Manager will be accomplished within one week of notification. The CONSULTANT will be allowed a maximum of ten (10) days to demobilize, relocated, or terminate its forces in the event conditions occur that require removing CONSULTANT forces from the project. 9.4 Licensing for Equipment Operation: The CONSULTANT will be responsible for obtaining proper licenses for equipment and for personnel operating such equipment. CONSULTANTS operating nuclear surface moisture- density gauges on Collier County projects are required to comply with Section X of FDOT's revised "Manual for Safety and Control of Equipment Containing Radioactive Materials" (a.k.a. Nuclear Manual). 10.0 SUBCONSULTANT SERVICES: The CONSULTANT may subcontract for engineering, inspection, materials testing, or specialized professional services with prior written approval of the County. If required, the CONSULTANT shall provide all geotechnical services for this project. 11.0 OTHER SERVICES: Upon written authorization by the Construction Project Manager, the CONSULTANT will perform additional services in connection with the project not otherwise identified in this Agreement. The following items are not included as part of this Agreement, but may be required by Collier County T.E. & C.M.D. to supplement the CONSULTANT services under this Agreement. Assist in the timely preparation of all claims and necessary rebuttals with the organization of any and all supporting documentation as needed or required by Collier County pursuant to the Collier County Alternative Dispute Resolution Procedures. Provide qualified engineering witnesses and exhibits for any litigation or hearings In connection with the Contract. Assist the County Attorney or his designee as directed in the preparation for Binding Arbitration and Pre-Suit Mediation. Provide on- and off-site inspection servIces In addition to those provided for in this Agreement. 12.0 POST CONSTRUCTION CLAIMS REVIEW: In the event the Contractor for the project submits a claim for additional compensation and/or time after the CONSULTANT has completed this Agreement, the CONSULTANT shall, at the written request from Collier County, analyze the claim, prepare a recommendation to the Construction Project Manager covering validity and reasonableness or charges, and/or assist in negotiations leading to settlement of the claim. Compensation will be separately reimbursed by a Supplement to this Agreement. TPA#1953637.9 PSA A-I? 13.0 CONTRADICTIONS: In the event of a contradiction between provisions of this Scope of Services and the CONSULTANT'S proposal, the provisions of the Scope of Services shall override other considerations. 14.0 LENGTH OF SERVICE: The CONSULTANT services for the Contract shall begin upon written notification to proceed by the Construction Project Manager. This notice to proceed will be issued anytime subsequent the award of a Contract at Collier County's discretion. The length of services as herein established for Contract on the CONSULTANT beginning work when notified and continuing to work until acceptance. For estimating purposes the CONSULTANT will be allowed an accumulation of thirty- (30) working days to perform preliminary administrative services prior to the issuance of the Contractor's notice to proceed on the first project to begin and thirty- (30) calendar days subsequent final acceptance of the Contract to be completed. The anticipated letting schedules and construction times for the projects are tabulated below: Construction Estimate County Letting Date Project No. (Mo/Day/Yr) 60073 & 60092 4/2011 Consultant's Estimate Start Date Duration Time Start Date Duration Time (Mo/Day/Yr) (Days) (Mo/Day/Yr) (Days) 9/30/2011 820 8/30/2011 880 15.0 INVOICING INSTRUCTIONS: Monthly invoices shall be submitted to Collier County in a format approved by Collier County, no later than the 20th day of the month following the month being invoiced. If the CONSULTANT cannot submit their monthly invoice on time, the CONSULTANT shall notify Collier County, prior to the due date the reason for the delay and the planned submittal date. Once submitted, the CONSULTANT shall notify the Construction Project Manager via E- Mail of the total delay in calendar days and the reason(s) for the delay(s). All invoices shall be submitted to Collier County in hard copy format. TPA#1953637.9 PSA A-i8 EXHIBIT "A-A" MINIMUM TRAINING AND EXPERIENCE STANDARDS FOR CONSULTANT PERSONNEL * Before the project begins, all project staff shall have possessed all the knowledge, skills, and abilities required in obtaining the necessary certifications for performing the duties of the position they hold. The Senior Project Engineer and the Project Engineer shall ensure the FDOT's current practices, policies, and procedures are met throughout the course of the project. Cross training of the Consultant's project staff is highly recommended to ensure a knowledgeable and versatile project inspection team, but shall not be at any additional cost to Collier County and should occur as work load permits. Current FDOT certifications may be used until specified time limits as posted in the Construction Training Qualifications Manual (CTQP) unless expiration occurs sooner. Visit the FDOT Web page under training for current dates. SENIOR PROJECT ENGINEER - A Civil Engineering degree plus registration by the Florida State Board of Engineers Examiners as a Professional Engineer (or if registered in another state, the ability to obtain registration in Florida within six months) and six (6) years of engineering experience (two (2) years of which are in major road and bridge construction), or for non-degreed personnel the aforementioned registration and ten (10) years of engineering experience (two (2) years of which are in major road or bridge construction. Qualifications include the ability to communicate effectively in English (verbally and in writing). Direct a highly complex and specialized construction engineering administration and inspection program. Plan and organize the work of subordinate and staff members. Develop and/or review policies, methods, practices, and procedures; and review programs for conformance with FDOT standards. Also must have the following: Qualifications: None Certifications: MOT Level II ATTSA or IMSA. A Master's Degree in Engineering may be substituted for two (2) years experience. PROJECT ENGINEER - A Civil Engineering degree plus two (2) years engineering experience in construction of major road or bridge structures, or eight (8) years of responsible and related engineering experience (two (2) years of which involved construction of major road and bridge structures). Receives general instructions regarding assignments and is expected to exercise initiative and independent judgment in the solution of work problems. Directs and assigns specific tasks to inspectors and assists in all phases of the construction project. Will be required to attend the Final Estimate Preparation Seminar. Should have knowledge of FDOT Field Standards. Will be responsible for the progress and final estimates throughout the construction project duration. Must have the following: Qualifications: Asphalt Roadway Level II (will require Roadway Level I written exam) Certifications: MOT Level II A TTSA or IMSA A Master's Degree in Engineering may be substituted for one (1) year of experience. OFFICE ENGINEER - High school diploma or equivalent and four (4) years of road and bridge construction engineering inspection (CEI) experience having performed/assisted in the TPA#1953637.9 PSA AA-I following project related duties: CQR progress and final estimates, Supplemental Agreement! Amendment processing, etc; or a Civil Engineering degree and completion of the Final Estimates Preparation Seminar. Should exercise independent judgment in planning work details and making technical decisions related to the office aspects of the project and accept general supervision and verbal instructions from Project Resident Engineer. Should be familiar with the FDOT Procedures covering project-related duties as stated above and be proficient in the computer programs necessary to perform these duties. Shall become trained in Multi-Line, Engineering Menu, and complete the State's Final Estimate Self Study course and attend the Final Estimate Preparation Seminar for Constant CEls or the District-Specific Final Estimate Preparation Seminar. OFFICE MANAGER - High school graduate or equivalent plus three (3) years of secretarial and/or clerical experience including two (2) years experience in construction office management having performed the following office related duties: CQR, progress and final estimates, EEO compliance, Supplemental Agreement! Amendment processing, etc. Experienced in the use of standard word processing software. Should exercise independent initiative to help relieve the supervisor of clerical detail. Assists the Project Engineer in office-related duties (i.e., CQR, progress and final estimates, EEO compliance, Supplemental Agreement! Amendment processing, etc.). Works under the general supervision of the Senior Project Engineer and staff. Note: This position will not be used if an Office Engineer is being utilized. SENIOR INSPECTOR - High school graduate or equivalent plus four (4) years of experience in construction inspection, two (2) years of which shall have been in bridge and/or roadway construction inspection, plus the following: Qualifications: Concrete Field Inspector Level I Concrete Transportation Construction Inspector (CTCI) Level II (major bridge only) Asphalt Roadway Level I (If applicable) Asphalt Roadway Level II (If applicable) Earthwork Construction Inspection Level I Earthwork Construction Inspection Level II FDOT Pile Driving Inspection (If applicable) FDOT Drilled Shaft Inspection (If applicable) Certifications: MOT Level II ATTSA or IMSA Nuclear Radiation Safety ACI Level I or a Civil Engineering degree and one (1) year of road and bridge CEI expenence. Responsible for performing highly complex technical assignments in field surveying and construction layout, making and checking engineering computations, inspecting construction work and conducting field tests, and is responsible for coordinating and managing the lower level inspectors. Work is performed under the general supervision of the Project Engineers. INSPECTOR - High school graduate or equivalent plus two (2) years experience in construction inspection, one (1) year of which shall have been in bridge and/or roadway inspection plus the following: Qualifications: TPA#1953637.9 PSA AA-2 Concrete Field Inspector Level I Asphalt Roadway Level I (If applicable) Earthwork Construction Inspection Level I FDOT Pile Driving Inspection (If applicable) FDOT Drilled Shaft Inspection (If applicable) Certifications: Nuclear Radiation Safety ACI Level I or a Civil Engineering graduate. Responsible for performing assignments in assisting Senior Inspector in the performance of their duties. Receive general supervision from the Senior Inspector who reviews work while in progress. Civil Engineering graduates must obtain certifications within the first year of working as an inspector. Exceptions will be permitted on a case-by-case basis as long as certification is appropriate for specific inspection duties. ASPHAL T PLANT INSPECTOR - High school graduate or equivalent plus one (1) year experience in the surveillance and inspection of hot mix asphalt plant operations and the following: Qualifications: Asphalt Plant Level I Asphalt Plant Level II SECRETARY/CLERK TYPIST - High school graduate or equivalent with two (2) years of secretarial and/or clerical experience. Ability to type at a rate of 35 correct words per minute. Experienced in the use of standard work processing software. Should exercise independent initiative to help relieve the supervisor of clerical detail. Works under general supervision of the Project Engineer and their staff. GEOTECHNICAL ENGINEER - A Professional Engineer (PE) duly registered under Florida State Rule and Statute, plus four (4) years experience as a Geotechnical Engineer in responsible charge of the geotechnical work on at least two (2) major bridges with drilled shaft or pile foundations (whichever is appropriate). Shall have experience using the drilled shaft inspection device and osterburg cells in conjunction with load tests on drilled shafts or experience using the Pile Driving Analyzer (PDA), CAPW AP & WEEP programs for pile analysis. GEOTECHNICAL TECHNICIAN - High School diploma plus three (3) years experience working under a Geotechnical Engineer setting up instrumentation and monitoring the geotechnical work. Able to perform detailed calculations and follow detailed technical instructions. * Exceptions to these minimum standards will be considered on an individual submittal basis. The Construction Project Manager will make recommendations on all personnel action requests. END OF SCHEDULE A TPA#1953637.9 PSA AA-3 SCHEDULE B BASIS OF COMPENSATION TIME AND MATERIAL 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice, a progress report reflecting the Project construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then- authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. B 1.1.1 All monthly status reports and invoices shall be mailed to the attention of: Kevin Dugan, Project Manager Transportation Engineering and Construction Management Department 2885 South Horseshoe Drive Naples, Florida 34104 (239) 252-5833, (239) 252-5771 fax kevind ugan@colliergov.net 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no event shall such compensation exceed the amounts set forth in the table below. TASK DESCRIPTION NOT TO EXCEED AMOUNT: 1. Construction Engineering and $ 2,860,687.50 Time and Materials Inspection Services Not to Exceed 2. Testing Services $ 20,000.00 Time and Materials Not to Exceed 3. Survey Services $ 10,000.00 Time and Materials Not to Exceed 5. Field Office Expenses $ 73,800.00 Time and Materials TOTAL FEE (Total Items 1-5) $ 2,964,487.50 B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment B to this Schedule B. B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by OWNER, regarding CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved by OWNER. B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services TPA#1953637.9 PSA B-1 to be provided. The negotiated fee shall be based upon the rates specified in Attachment B 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, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees and Reimbursable Expenses earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and the Project name and shall not be submitted more than one time monthly. B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage Owner has determined CONSULTANT has completed such task as of that particular monthly billing. B.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.5 Unless specific rates have been established in Attachment B, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. TPA#1953637.9 PSA B-2 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. 8.3.5.1.3. 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. 8.3.4.1.6 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. TPA#1953637.9 PSA B-3 SCHEDULE B - ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES Consulting, Engineering and Inspection (CEI) and Related Services for: "SR84 (Davis Blvd) Radio Road to Collier Blvd; SR84/SR951 Intersection Improvements; Collier Blvd (SRlCR 951) North to Magnolia Pond Drive; and CR 951 (Collier Blvd) North to the Main Golden Gate Canal" Projects #60073 & 60092 Task 1. Construction EnQineerinQ & Inspection Services: Time and Materials Not to exceed $2,860,687.50 · Complete record keeping of activities and events · Document significant changes to the project · Contract, plan, and specification interpretation · Dispute resolution (contractor and the public) · Surveillance of contractors activities · Verify Contractor's monthly pay requests · Monitor Contractor's maintenance of traffic Task 2. TestinQ Services: Not to exceed $20,000 · Provide field sampling and material testing per contractor quality control verification requirements. · Provide quality control services per contractor quality control verification requirements. Task 3. Survey Services (As Needed): Not to exceed . Bench mark verification $10,000 . Cross-section verification . Spot check contractor lay-out as needed · Reference and reset certified corner records as needed TP A#1953637.9 PSA BA-l Field Office Expenses: Time and materials: Not to exceed . Rent · Phone/Fax/Internet Connection . Electric · Cleaning service · Copier (Rental and Maintenance) $73,800 Total for Items 1 through 4 $2,964,687.50 -Due to the nature of a large construction project, while the total dollar amount might remain the same, there may be some fluctuation in the task categories calculations. TP A#1953637.9 PSA BA-2 SCHEDULE B - ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE Consulting, Engineering and Inspection (CEI) and Related Services for: "SR84 (Davis Blvd) Radio Road to Collier Blvd; SR84/SR951 Intersection Improvements; Collier Blvd (SRlCR 951) North to Magnolia Pond Drive; and CR 951 (Collier Blvd) North to the Main Golden Gate Canal" Projects #60073 & 60092 Title Hourly Rate Project Administrator $ 135.00 Ihr $ 125.00/hr $ 87.00/hr $ 65.00/hr $ 90.00 Ihr $90.00/hr $ 95.00/hr $ 70.00 Ihr $ 65.00 Ihr $ 50.00/hr $135.00/hr $ 80.00/hr $130.00/hr $160.00/hr $180.00/hr $ 50.00/hr Senior Project Engineer Contract Support Specialist (CSS) Assistant CSS Senior Utility Inspector Senior Roadway Inspector Senior ITS Inspector Asphalt Plant Inspector Inspector Aide Senior Surveyor Survey Technician 2 Survey Crew 3 Survey Crew 4 Survey Crew Clerical END OF SCHEDULE B. TPA#1953637.9 PSA BB-l SCHEDULE C PROJECT SCHEDULE Consulting, Engineering and Inspection (CEI) and Related Services for: "SR84 (Davis Blvd) Radio Road to Collier Blvd; SR84/SR951 Intersection Improvements; Collier Blvd (SRlCR 951) North to Magnolia Pond Drive; and CR 951 (Collier Blvd) North to the Main Golden Gate Canal" Projects #60073 & 60092 Task 1. Construction EnQineerinQ & Inspection Services: 880 days from Notice to Proceed . Complete record keeping of activities and events . Document significant changes to the project . Contract, plan, and specification interpretation . Dispute resolution (contractor and the public) . Surveillance of contractors activities . Verify Contractor's monthly pay requests . Monitor Contractor's maintenance of traffic Task 2. TestinQ Services: As Needed . Provide field sampling and material testing per contractor quality control verification requirements. . Provide quality control services per contractor quality control verification requirements. Task 3. Survey Services: . Bench mark verification As Needed . Cross-section verification . Spot check contractor lay-out as needed . Reference and reset certified corner records as needed TPA#1953637.9 PSA C-l 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 policies required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in TPA#1953637.9 PSA D-l the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project. (6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the TPA#1953637.9 PSA D-2 CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? ~ Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $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. TPA#1953637.9 PSA D-3 _ Applicable X Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. _ Applicable X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes No (1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage X General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury TPA#1953637.9 PSA $300,000 $300,000 $300,000 $300,000 $ 50,000 $500,000 $500,000 $500,000 $500,000 $ 50,000 $1,000,000 $1,000,000 $1,000,000 D-4 Each Occurrence Fire Damage $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. (3) The OWNER shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Applicable X Not Applicable (7) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. _ Applicable X Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No TPA#1953637.9 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 _ $1,000,000 each claim and in the aggregate TPA#1953637.9 PSA 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. Notwithstanding anything herein to the contrary, in no event shall the policy deductible be greater than $50,000 each claim. Deductibles in excess of that amount shall require the prior written approval of the Risk Management Director or his/her designee, at their discretion. (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) CONSULTANT shall purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. TPA#1953637.9 PSA D-7 PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D TPA#1953637.9 PSA D-8 ~ ACORDO/J CERTIFICATE OF LIABILITY INSURANCE Page 1 of I DATE (MM/DDIYYVY) ~ 1 07/29/2011 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: Ifthe certificate holder is an ADDITIONAL INSURED, the pOlicy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions ofthe 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 CONTACT NAMF' willis of Florida, Inc. ;A~RNN~ FHI' 877-945-7378 I rt,Y;.. Nm 888-467-2378 c/o 26 Century Blvd. P. O. Box 305191 E-MAIL certificates@wi11is.com ,nnc"cc. Nashville, TN 37230-5191 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Underwriters at Lloyd's London (IL) 15792-101 INSURED INSURER B: Atkins North America, Inc 2001 NW 107th Avenue INSURER C: Miami, FL 33172-2507 INSURER D: INSURER E: I INSURER F: COVERAGES CERTIFICATE NUMBER: 16326654 REVISION NUMBER: 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. I,N~: TYPE OF INSURANCE !ADD'l SUB POLICY NUMBER POLICY EFF POLICY EXP LIMITS ~NERAL LIABILITY COMMERCIAL GENERAL LIABILITY I CLAIMS-MADED OCCUR EACH OCCURRENCE $ ~~~~~H9E~~~J.ir~nce) $ MED EXP (Anyone person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ - - ~'L AGGREG~ L1:1T ~PP~ PER: I POLICY I I'~T I I LOC AUTOMOBILE LIABILITY - - - - ANY AUTO ALL OWNED ,-- SCHEDULED AUTOS f-- ~~~~gWNED HIRED AUTOS f-- AUTOS COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY(Per person) AGGREGATE $ $ BODILY INJURY(Per accident) $ Fp~?~';'~~~t?AMAGE $ $ $ $ $ I mcy, ''''T;' I IU ~~- _ UMBRELLA L1AB H OCCUR EXCESS LIAB CLAIMS-MADE DED I IRETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE D OFFICER/MEMBER EXCLUDED? f~~~~g~~~~':, ~~~er DESCRIPTION OF OPERATIONS below EACH OCCURRENCE A B080111209P11 4/1/2011 4/1/2012 E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ $2,000,000 Each Claim & $2,000,000 Annual Aggregate 11/11/1961 Retrodate N/A Professional Liability DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES (Attach Acord 101, Additonal Remarks Schedule, if more space is required) Policy written on Claims-made Form Effective April 1, 2011, Post, Buckley, Schuh & Jernigan, Inc., d/b/a PBS&J changed its name officially to Atkins North America, Inc. Underwriters at Lloyd's London AM Best Rating: A XV Contract #11-5690, CEI and related services for "SR84 (Davis Blvd) Radio Road to Collier Blvd.; SR84/SR951 Intersection Improvements; Collier Blvd. (SR/CR 951) North to Magnolia Pond Drive; and CR 951 (Collier Blvd) North to Th.. Main Golden Gate Canal - Pro;ects #60073 & 60092. 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, Florida Board of County Commissioners Attn: Rhonda Cummings 3327 Tamiami Trail East Naples, FL 34112 AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) Coll: 3434975 Tpl: 1249252 Cert: 16 54 @1988-2010ACORDCORPORATION.AII rights reserved. The ACORD name and logo are registered marks of ACORD Willis Limited FINEX Global wlllts CONTRACT ENDORSEMENT INSURED: WS Atkins PIc and as more fully dermed in the contract PERIOD: 1 AprilZQIl to 31 March ZQJ 2 TYPE: Insurance of UK PI Generic Primary UNIQUE MARKET REFERENCE: BO&Q111209Pl1 ENDORSEMENT REFERENCE: 0002 EFFECTIVE DATE: 1 Apri120I I local standard time at tbe address of the Insnred. It is bereby noted and agreed that with eftilet from the effective date ahove the following General Condition is added to the policy: "If INSURERS cancel this policy prior to its expiry date by notice to tile INSURED for any reason, INSURERS will send written notice of cancellation to the persons or organisations listed in the schedule to be .created and maintained by tbe INSURED (the "Cancellation Notice Schedule") at least 30 days prior to the cancellation date applicable to the policy. This notice will be in addition to any notice to tile INSURED. The INSURED will provide an updated copy of the Cancellation Notice Schedule to Insurers on a monthly basis. Tlle notice referenced in tilis endorsement is intended only to be a courtesy notification to the person(s) or organisation(s) named in the Cancellation Notice Schedule in the event of a pendillg cancellation of coverage. INSURERS bave no legal obligation of any kind to any such person(s) or organisation(s). Any failure to provide advance notice of cancellation to the person(s) or organisation(s) named in the Cancellation Notice Schedule will impose no obligation or liability ofany kind upon INSURERS, will not extend any policy cancellation date and will not negate any cancellation of the policy. INSURERS are not responsible for verilYing any information in any Cancellation Notice Schedule, nor are INSURERS responsible for any incorrect information that the INSURED may use." All other terms and conditiolls remain unaltered. Willi:-:l.inthcd WI.MOMI 'l./illisllllitmal f~d. (h)t12 ,1 . '! :,-.r,.: \ I I i1\1Hl . rVJ\. Willis Limited PINEX Global williS CONTRACT ENDORSEl\iENT UNIQUE MARKET RFSERENCE: 80801] IZ{l9PII ENDORSEl'r1ENT R.EFER.ENCE: 0003 Post Bookley de Arcntina SA John Powell & Assoclates. Jnc John Powell &. Associate;!; lohn PO\Iiell &: As..'lOCiates, a $ole Proprietor Durbam Teclmologies, mc. Wdkcr & Associates TrH.ine Associates, Inc. W. Kou &: Assoclate&, Inc. Croslin &. Associates, Inc. Land &. Waler COrn....ulting RIP Assoeiaies ceo Sciellc>) Corporation Peter Bro.....n Constructi<ln, Inoe. PBS&] Cllribll. l.lP and/or Associated and/or Subsidiary Companies and PartBersbi~ and a:!l more fully defined hen:in." AlIl}1!1or umns Ilnd eonditiull.$ n:rnllin unaltered. Wdlii L,llt&iltd' ""1.M r.~1}1 \"~41i!'lffh.7fili,1 R~~r OO.(}~l ~. z ~ ACORD- CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYYI '----' 07/29/2011 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 pollcy(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 1-866-220-4625 ~~m~CT Holmes MUrphy and Associates - omaha rAH,9N.~ ...". I~NoI: 2637 South 158th Plaza ~=~SS' Suite 200 INSURERIS\ AFFORDING COVERAGE Omaha, NB 68130 NAlC# INSURER A: ZURICH AMERICAN INSURANCE COMPANY 16535 INSURED INSURER B: AMERICAN GUARANTEE .. LIABILT'l INSURANCE 26247 Atkins North America, Inc. INSURER c: STEADFAST INSURANCE COMPANY 26387 2001 NW 107th Avenue INSURER 0 : Miami, FL 33172-2507 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER' 22516364 REVISION NUMBER' THIS is TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOiWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIRCATE 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 PAlO CLAIMS. INSR TYPE OF IN5URAIICE DOL ISUBR r:M%ue\,. ! ,fOUCY EXP LIMITS LTR POLICY NUMBER MMlOOIYYYY A GENERAL LIABILITY GLO 9139458-04 09/30/1{ 09/30/11 EACH OCCURRENCE $ 1,000.000 '-- ~ 3MMERClAL GENERAL LIABILITY . ~~~~J?E':~~OOO\ $ 1,000,000 _ CLAIMS-MADE 0 OCCUR MED EXP (Anyone person) $25,000 X Contractual Liability PERSONAL & ADV INJURY $ 1.000,000 GENERAl. AGGREGATE $2,000,000 ~'L AGGRfilE LIMIT AmS PER: PRODUCTS. COMPIOP AGG $2,000,000 POLICY X\,~,P,: X LOC $ B AUTOMOBILE UABILITY SAP 9139457-04 09/30/1 09/30/11 &~~~~Z.;~t~INGLE LIMIT I. 2,000,000 - X ANY AUTO BODILY INJURY (Per person) $ '-- ALL OWNED ~ SCHEDULED BODILY INJURY (Per accident) S I-- AUTOS I-- AUTOS X X NON-OWNED rp~~:'~~IFMAGE $ '-- HIRED AUTOS '-- AUTOS X Contractua $ C ~ UMBRELLA LlAB H OCCUR AUC 508762106 09/30/1 09/30/11 EACH OCCURRENCE $ 25,000,000 EXCESS UAB CLAIMS-MADE AGGREGATE $ 25,000,000 OED I I RETENTION$ 0 $ A WORKERS COMPENSATION we 9139459-04 09/30/1 09/30/11 xl !/..'i..JT~r.~;. i IOJb'- AND EMPLOYERS' LIABILITY YIN - ANY PROPR1ETORlPARTNERlEXECUTIVE 0 NIl'. E.L. EACH ACCIDENT $ l, 000, 000 OFFICERiMEMBER EXCLUDED? N (Mandatory in NH) E.L OlSEASE . EA EMPLOYEE $ 1,000,000 ~~~'1;:~~ 'tf~'i)PERATIONS below E.L. DISEASE. POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101. Addlllonal Remarks Schedule, Ifmo... space is required) RE: Contract #11-5690, CEI and re1ated services for .SR84 (Davis Blvd) Radio Road to Collier Blvd/ sR84/SR951 Intersection Improvements; Collier Blvd (SR/CR951) North to Magnolia Pond Drive; and CR 951 (Collier Blvd) NOl:'th to Main Golden Gate Canal-, Projects *60073 & 60092. Collier County, Florida. Board of County C~issioners are Additional Insureds on the General Liability, including Completed Operations (GL ONLY) and the Automobile Liability on a Primary .. Non-Contributory basis, if required by contract, with respect to the operations of the insured on the above listed project. See attached for additional wording. CERTIFICATE HOLDER CANCELLATION SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County, Florida, Board of County Commissioners THE EXPIRATION DATE THEREOf, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail Bast AUTHORIZED REPRESENTATIVE Naples, FL 34112 ~~ I USA ACORD 25 (2010/05) edornne 22516364 @1988-2010ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 07/29/2011 NAME OF INSUREO; Atkins North America, Inc. umbrella follows form to the additional insured(s) on the underlying policies, if required DY contract. Severability of Interest is included on the General Liability and Automobile Liability. Waiver of Subrogation on the General Liability, Automobile Liability and Workers Compensation in favor of the Additional Insureds. This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. Th General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Effective April 1, 2011, Post, Buckley, Schuh & Jernigan, Inc., d/b/al PBS&J changed its name officially to Atkins North America, Inc. There are no Deductibles or Self-Insured Retentions on the General Liability, Automobile Liability and Workers Compensation and Umbrella coveragee. Steadfast Insurance Company!#26387 - AM Best Rating = A xv Zurich American Insurance Company!#16535 - AM Best Rating = A XV American Guarantee and Liability Insurance Company/#26247 - AM Best Rating = A XV Supp (10/00) Additional Insured - Automatic - Owners, Lessees Or Contractors - Broad Form ~ ZURICH Named Insured: Atkins North America, Inc. Named Insured Includes: EIP Associates, a division of Atkins North America, Inc. Policy No. Elf. Date of Pol. Exp. Dale of Pol. Elf. Date of End. Producer Add'!. Prem Return Premo GL09139458-04 09/30/10 09/30/11 09130/10 $ $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to additional insureds applies only to "bodily injury", "property damage" or "personal and advertis- ing injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: 1. The "bodily injury" or "property damage" results from your negligence; and 2. The "bodily injury", "property damage" or "personal and advertising injury" results directly from: a. Your ongoing operations; or b. "Your work" completed as included in the "products-completed operations hazard", performed for the additional insured, which is the subject of the written contract or written agreement. C. However, regardless of the provisions of paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" that results solely from negligence of the addi- tional insured; or 2. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: Includes copyrighted material of Insurance Services Office, Inc. with its permission. U..QL-II75-A CW (9/03) Page I of2 a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim: 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured also has rights as an insured or additional insured. F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in- surance available to any additional insured person or organization unless the other insurance is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method de- scribed in paragraph 4.c. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. Any provisions in this Coverage Part not changed by the tenns and conditions of this endorsement continue to apply as writ- ten. Name of Person or Organization: Collier County, Florida, Board of County Commissioners 3327 Tamiami Trail East Naples, FL 34112 RE: Contract #11-5690, CEI and related services for 4'SR84 (Davis Blvd) Radio Road to Collier Blvd; SR84/SR951 Intersection Improvements; Collier Blvd (SR/CR951) North to Magnolia Pond Drive; and CR 951 (Collier Blvd) North to the Main Golden Gate Canal", Projects #60073 & 60092. U-GL-1175-A CW (9/03) Page 2 of2 COMMERCIAL AUTO INSURANCE COMMERCIAL INSURANCE ENDORSEMENT Insurance for this coverage part provided by: Named Insured: Atkins North America, Inc. Polley Number: 8AP 9139457-04 Policy Eff/Exp: 9130/10 - 9/30/11 Renewal of Number 8AP 9139457-03 American Guarantee and Liability Ins. Co. Named Insured Includes: EIP Associatesl a division of Atkins North America, Inc ADDITIONAL INSURED THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED BY THE FOLLOWING: BUSINESS AUTO COVERAGE PART SCHEDULE NAME: Collier County, Florida, Board of County Commissioners 3327 Tamiami Trail East Naples, FL 34112 RE: Contract #11-5690, CEI and related services for "SR84 (Davis Blvd) Radio Road to Collier Blvd; SR84/SR951 Intersection Improvements; Collier Blvd (SRlCR951) North to Magnolia Pond Drive; and CR 951 (Collier Blvd) North to the Main Golden Gate Canal", Projects #60073 & 60092. WHO IS AN INSURED (SECTION II) IS AMENDED TO INCLUDE AS AN INSURED THE PERSON (S) OR ORGANIZATION (S) SHOWIN IN THE SCHEDULE BUT ONLY WITH RESPECT TO THEIR LIABILITY ARISING OUT OF: A) YOUR WORK FOR THE ADDITIONAL INSURED(S) AT THE LOCATION DESIGNATED, OR B) ACTS OR OMISSIONS OF THE ADDITIONAL INSURED(S) IN CONNECTION WITH THEIR GENERAL SUPERVISION OF "YOUR WORK" AT THE LOCTION SHOWN IN THE SCHEDULE. FOR CLAIMS ARISING OUT OF OPERATION, MAINTENANCE OR USE OF A COVERED AUTO, THIS INSURANCE SHALL BE PRIMARY INSURANCE OVER ANY OTHER INSURANCE A V AILABLE TO TIlE SCHEDULED INSURED. U-CA-388-A (07-94) Waiver Of Subrogation (Blanket) Endorsement ~ ZURICH Named Insured: Atkins North America, Ine. Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add'!. Prem Return Premo GLO 9139458-04 ~9/30120iOm 09/30/200] ] 09/3012010 11-800-000 ~ ts THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from oth- ers, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. Name of Person or Organization: Collier County, Florida, Board of County Commissioners 3327 Tamiami Trail East Naples, FL 34112 RE: Contract #11-5690, CEI and related services for "SR84 (Davis Blvd) Radio Road to Collier Blvd; SR84/SR951 Intersection Improvements; Collier Blvd (SR/CR951) North to Magnolia Pond Drive; and CR 95] (Collier Blvd) North to the Main Golden Gate Canal", Projects #60073 & 60092. U-GL-925-B CW (12101) Page I of I American Guarantee and Liability Insurance Company 9 ZURICH Waiver Of Transfer Of Rights Of Recovery Against Others To Us olley No. AP 9139457-03 fT. Date of PolM xp. Date of Pol. 9/3012011 fr. Date of End. geney No. 11-800-000 ddl. Prem This endorsement is issued by the company named in the Declarations. It changes the policy on the effective date listed above at the hour stated in the Declarations. TillS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Address (including ZIP code): Atkins North America, Inc. 2001 NW 107th Avenue Miami, FL 33172-2507 This endorsement modifies insurance provided under the: Business Auto Coverage Form Truckers Coverage Form Garage Coverage Form Motor Carrier Coverage Form SCHEDULE Name of Person or Organization: Collier County, Florida, Board of County Commissioners 3327 Tamiami Trail East Naples, FL 34112 RE: Contract #11-5690, CEI and related services for "8R84 (Davis Blvd) Radio Road to Collier Blvd; SR84/SR951 Intersection Improvements; Collier Blvd (SRlCR951) North to Magnolia Pond Drive; and CR 951 (Collier Blvd) North to the Main Golden Gate Canal", Projects #60073 & 60092. We waive any right of recovery we may have against the designated person or organization shown in the schedule because of payments we make for injury or damage caused by an "accident" or "loss" resulting from the ownership, maintenance, or use of a covered "auto" for which a Waiver of Subrogation is required in conjunction with work perfonned by you for the designated person or organization. The waiver applies only to the designated person or organization shown in the schedule. U-CA-320-B CW (4/94) Page I ofl WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 00 03 13 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the polley.) This endorsement, effective on Policy No. we 9139459-04 09/30/2010 at 12:01 A.M. standard time, forms a part of (DATE) of the ZURICH AMERICAN INSURANCE COMPANY (NAME OF INSURANCE COMPANY) issued to Atkins North America, Inc. Premium (if any) $ We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. * This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Name of Person or Organization: Collier County, Florida, Board of County Commissioners 3327 Tamiami Trail East Naples, FL 34112 RE: Contract #1l~5690, CEI and related services for "SR84 (Davis Blvd) Radio Road to Collier Blvd; SR84/SR951Intersection Improvements; Collier Blvd (SR/CR951) North to Magnolia Pond Drive; and CR 951 (Collier Blvd) North to the Main Golden Gate Canal", Projects #60073 & 60092. WC 124 (4-84) WC 00 03 13 Copyright 1983 National Council on Compensation Insurance. Page 1 of 1 Blanket Notification to Others of Cancellation o ZURICH Polley No. Eff. Date of Pol. Exp. Date of Pol Eff. Date of End. Producer Add'l Premo Return Prem, GLO 9139458-04 0913011 0 09/30111 1>1/01111 THIS ENDORSEMENT CHANGES THE POLICY. Pl.EASE REAO IT CAREFULLY. This endorsement modifies insurance provided under the following: Commercial Genera. Liability Coverage Part A. If we cancel this Coverage Part by written notfce to the first Named Insured for any reason other than nonpayment of premium, we wiU detiver electronic notlficatJon that such Coverage Part has been cancelled to each person or organization shown in a Schedule provided to us by the First Named Insured. Such Schedule: 1. Must be Initially provided to us within 15 days: a. After the beginning of the policy period shown in the Declarations; or b. After this endorsement has been added to policy; 2. Must contain the names and e-mail addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled; 3. Must be In an electronic format that is acceptable to us; and 4. Must be accurate. Such Schedule may be updated and provided to us by the First Named Insured during the policy period. Such updated Schedule must comply with Paragraphs 2., 3,. and 4. above. B. Our delivery of the electronic notification as described in Paragraph A. of this endorsement wm be b~ed on the most recent Schedule in our records as of the dale the notice of cancellation is mailed Of delivered to the first Named Insured. Delivery of the notification S$ described In Paragraph A. of this endorsement will be completed as soon as practicable after the effective date of cancellation to the first Named Insured. C. Proof of emalllng the electronic notification will be sufficient proof that we have compiled with Paragraphs A, and B. of this endorsement. D. Our delivery of electronic notification described in Paragraphs A. and B. of this endorsement Is intended as a courtesy only. Our failure to provide such delivery of electronic notification will not 1. Extend the Coverage Part cancellation date; 2. Negate the cancellation; or 3. Provide any additional insurance that would not have been provided in the absence of thts endorsement. E. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the Schedule provided to us as described in Paragraphs A. and B, of this endorsement *"'30 DAYS NOTICE OF CANCELLATION*. All.. OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U-Gl-1114-A CW (10102) Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 'T CAREFULLY. CG02241093 EARLIER NOTICE OF CANCELLA nON PROVIDED BY US This endorsement modllies insurance provided under ltle for/owing: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR UABlLlTY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective Policy No. 12:01 AM. standard time Named Insured Countersigned by SCHEDULE {Aulhol'lz:ed RepreSBnlallvo} Number of Days' Notice: see below · 10 Day Notfce for Non..payment of Premium · 30 Day Notice for Fraud, MIsrepresentation, Changes In Concfrtlons or Insolvency · 90 Ow Notice for Any other Reason (If no enlTy appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provIded in paragraph 2. of either the CANCELLATION Common Polley Condition or as amended by an applfcable state cancellation endorsement, is increased to the number of days shown in the Schedule above. Cl 848 (1o-93) CG 02 2410 93 C()pyright, Insurance SeJVICll$ OffIce, Inc.. 1992 Page 1 of 1 Notification to Others of CanceIJation or Non renewal o ZURICH$ Pr:ltroy No. Eft. Dste of PQ/. exp. Date of POI. Eff. OIllAt llfC:f1d. ?rtXlucerNo. BAP 9139457.04 09130/10 09/30111 AdQ'L Prem THIS ENDORSEMENT CHANGES THe POliCY, PLEASE READ IT CAAeFUlL Y. This endorsement modlfles Insurance provided under the: Commercial Automobife Coverage Part A. If we cancel or non-renew this Coverage Part by written notice to the first Named In~ured for any reason other than nonpayment of premIum, we WlU mail or deliver a copy of such written notice of cancelfetion or non-renewal: 1. To the name and address correspondIng to wch person or organization shown In the Schedule below; and 2. At least 10 days prior 10 the effective date of the oanoelfation or non-renewal. as advised in our notice to the first Named Insured, or the longer number of daY$ notice If Indicated In fu$ SchedUle below. e, /1 we cancel this Coverage Part by wrltten notl~ to the first N8ITl<<t Insured for nonpayment of premium, we wHl mall or deliver a copy of such MItten notice Of cancellation to the name and address corresponding to each person or organization shown tn the Schedule below at least 10 days prior to the effective date of such csncellatlon. C. If notice as described In Paragraphs A. or B. of this endorsement is mailed, proof of manlng will be sufficient proof of such notice. SCHEDULE Name and Add'"$ of other Person{s) , orgarnzatJon(s}: Numblilr of Days I'Iotlce: All other terms and conditions of thIs policy remain unchanged. l",.hlt'/_ r"nvrlnhtlWf m..t..rl.., nf ,""'t....".... !::on,l...... """"" I,,,. with II.. nAlml.,.,lnn U-CA-1l1 o.A CW (05110) Page 1 ot1 EARLIER NOTICE OF NON..RENEW AL OR CHANGE IN COVERAGE o ZURICH I'l1Goy N~. B1t 0JIIb of Pot BA? 9139457-04 09/3012010 :&II. ~ ~ Pol. BIt D$ oCW 09/3012011 ~ Add'l. Ptm Ri:tum Prem, s $ This eDd~ment modifies the insursnce provided under tho followins; COMMBR.cIAL GENERAL UAB:a..l1'Y COVERAGe FORM BUSINESS AUTOMOB1LB COVERA.OE FORM' ScmIDUL.'E Number or DsY'$ Notfee : 10 DAYS FOR NON-PAYMENT OF PREMIUM 30 DAYS FOR FRAUD, MISREPRESENTATION, CHANGES IN CONDITIONS OR INSOLVENCY ~O DAYS FOR ANY OTHER REASON (!foe ontry 1I~ above, hu'bnnation req~lrcd to CQmpIlltlt thill Sc.h~<::'W111 ~ shown in th<: Del::JaratiOIl8 IfS applicable to this endars=nl!1l1t.) A. For anystatl.1toriJypennltted I'eMOn olb.erthan nonpa;ymtmt ofpromium, th~ rnunber ofd<<ys required fur notice (lfnon- re.ne:WllI, a.s provided In the Policy ConditionS1 &$ amended by an ~pIicabJc sfJIte C1ldorllcment, or IJS pl!lV{d~ by lltlllppIiJ;a.. ble state'lI c:hange in coverage regulatio)l is increased tc tbL'.l number of da)'$ shown in lfle Schedule above, B. We will Dot provIde 1lQfice of oon.~ lWdlar mango in cOYerll&e to cI1e first Naroed Insuml or any person o-r organjza. non $hownln the Schedule, If: 1. You have purchased imlumnee eIsewbere; 2. You have obtaiued replacement w-nn~ or have ~= in writing to obtain replllCel11cat coverage; 3. You. ba'Ve rcqu6S'ted Dr agn:Gd to Jl,Qn.mltt~f; or. 4, We, or another company within tl1~ "ame insurance group have oft'ilnld to issQC a renewal. . U.QlJ.S96-;, CW (05102) l/lllludes COP\lllghlelci rnaterlal D1 IMOrlmce Servlt:l!S OfffClt. 'n~. WIlIIIt& permIssion. ~ ] a( I WORKERS COMPENSATION AND EMPLOYER$I,./ASllfTY INSURANce POlJCY U-WC4~2-A NOTJFfCATION TO OTHI!RS 0' CAN'C21.LATlON eNDORS~MENT This endorsement Is used to add the rblloWlng to Part ~IX o11he pol~., PART SIX - CONDmONS F. P>lotl#catlon TiJ Othel'$ Of Can~enatlon 1. If we canoef thJe polley by written notice to you for any reason other then nonpayment of p~mll.lm, ~ Will deHver electronic notiflcation to each peraoo or organizaiion shown In a $che(ttlle Pl'Qvkfeci to u& Py you, such ~ehe<:tvle: ;'t, Must be fnltially provided to us WIthin 10 days: After trnl beglnnfng of the POlfcy perlQ(f shown In the Dectarations; or After thIs endorsement has been "dded to poJfcy; b. Must cootaln the flames and a-mall a<Wre$S$S of only the- persons or organiZatJons requiring nolfficatlon that this policy has been oenceJled; C. Must be In an el$ctnmlc format that Is accep~ble to us; and d. Must be B(:'Corata. $Ut;11 Schedulo may be updated ana provIded to u" by you during the polley period. Such l,lpdajeQ Sche~h.de must comply ~tl1 Plilragraphs b. c. and d. above. .2. Our delivery of t~e .tronlc notJflcatlon ae dll$cribed fn Pamgraph 1, of this ~ndQrsemeflt WIll be balieQ on the most rec6f1t SoheQule in OIJr records as of the <late the nQ~Et of cancellatiOn Is mailed Qr del/V$red to JOu, Delivery of the notifICation a5 d~ In Paragraph ,. of this endol'6ement will be OWlpleted 13l.! soon as practicable eft~ the effective date of cancellation to )Il:)ll. 3. PlWf of emalllng t~ electronic nollf/catlon wJIl be ",fflc(ent proof tllatwe haw, oompflet;1 wilh Pamgraptts 1, aod 2. of this endo~ement 4. Our deliVery of electronic notification clescrtbed In Paragraphs 1, and 2, of lhis endOl'Smlent f.s In('ended as a tlQurte6Y only. O~r relfun~ to provtde ~llcn delivery of e~ctronlc notlflcatlon will /lOt: a, Extend the pofk;y oance'Ia~Qn date; b. N~ate the cl:lncella1lon; or c. ProVIde any addltlonallnsurance that woVk1 f1Qt have been provided In lfle ab~nce ofthle end01$8mOOl 5, We are not responsible tor the accuracy, Integrity, tfmelfne5$ and valld'rty at information eontained In tf1e Schedule provided tQ us as desalbeu in Paragraph.:l1, 8nQ 2. of this endorsement. 30 DAY NOT1CE OF CANCf1.l..A TION All <$er terms ana oondJtlorn; of thIs JlQllcy remain unchanged. Tills endorsement changes ths pollcytQ which It fa aftached and is effective on ml;! \tate ISSUed unless olh8lWi$e stated. ("T1le InfQ(JmlUQ1J bolow 1$ r'eqUIM only whflfl thle 9n<fol'$emem ID iNuect $~evquenttQ pr'~rrioh of tm poIIQY.) Endo"llm~mt Effe<:Ove: 02!2~11 Polley No. we &1~~5g...Q4 Endot'4emenl No. Insuftltl: Atkins North Amenca, Inc. Pr&mIum.$ In~umllC8 Ctllnp;any U-WC~2.A (Ed, OHM) lnc:hldOll COPyrtghtllO mal9rlvf of Nlltlo~'f COVllcH on Compel1...lhm lNura/lCCt, Inc. useaWltllltJ pemdssloll, EndQrsement NOTICE OF CANCELLATIONINON-RENEWAL ~ ZURICH E.lt Dato ofPol Exp. .o.lC of Pol. .Il6: DIltt; of En1f ProdllCC1' 09130!:WIO 09/JonOll 11800&08 Add'! PTm RetUra PIl1IlI WORKERs COMPENSATION AND EMPLOYERS LIABLITY INSURANCE ,POLlCY TIifS ENDORSEMENT AMENDS THE POLICY AS FOLLOWS: · 10 DAYS NOTlC~ FOR NON.PAYMENT OF PREMIUM · 30 DAYS Nonc!: FOR FRAUD, MISREPRESENTATION, CHANGES rN CON0I110NS, OR INSot VENey .. 90 DAYS NOTICE FOR ANY OTHER REASON UWC.332A (719lf) Page 1 oft ~ ACORV8 CERTIFICATE OF LIABILITY INSURANCE - I DATE (MMIDD/YYYY] ~. 07/29/2011 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 CERTIRCATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION 15 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 1-866-220-4625 COl<!IACT Holmes Murphy and Associates - omaha NAME: ~~~:~t1. I fM ND: 2637 South 158th Plaza Suite 200 omaha, NE 68130 INSURERISI AFFORDING COVERAGE NAIC# INSURER A: TRAVELERS PROPERTY CASUALTY COMPANY OF 2S 67 4 ItlSURED INSURER iii : Atkins North America, Inc. INSURER C : 2001 NW 107th Avenue INSURER 0 : Miami, FL 33172-2507 INSURER E : --- INSURER F: COVERAGES CERTIFICATE NUMBER; 22516352 REVISION NUMBER: 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 PAlD CLAIMS. INBR A II~b't~ '=6%~ LIMITS LTR TYPE OF INSURANCE POUCY NUMBER GENERAL WABILm' EACH OCCURRENCE $ I-- ~~EaiS~s 'i'E~~':;:;"".1 ~ Lr~ERCIAL GENERAL LIABILITY $ I-- CLAIMs-MADE 0 OCCUR MED EXP (Any Of\ll parson) $ I-- PERSONAL & ADV INJURY $ I-- GENERAL AGGREGATE $ I~'L AGGRnELIMrT APnS PER: PRODUCTS. COMPIOP AGG $ f>OLlCY ~~RT LOC $ AUTOMOBILE LIABILITY ~~~~~~~~~INGLE LIMIT . ~ ANY AUTO iI00lL Y INJURY (Per person I $ '-- ALL OWNED - SCHEDULED iIODIL Y INJURY (Pe, accident) $ !-- AUTOS - AUTOS NON.OWNED PROPEI:'fY DAMAGE $ '-- HIRED AUTOS - AUTOS $ UMBREllA LIAS H OCCUR EACH OCCURRENCE $ '-- EXCESS WAS CLAIMS-MADE AGGREGATE $ OED I I RETENTION S $ WORKERS COMPENSATION 1,:'/\f6~r ~IU" I IOJbi- AND EMPLOYERS' UASlUTY YIN ANY PROPRIETORlPARTNERiEXECUTIVE 0 E.L EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? NIA (Mandatory In NH) E.t. DtSEASE - EA EMPLOYEE $ If yes. describe undel E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Valuable Papers KTJ-CMB-1725B061-l0 09/30/1 09/30/11 $25,000 Deductible 500,000 DESCRtPTION OF OPERATIONS I LOCATIONS I VEHICl.fS (Allilch ACORD 101. AdcIllional Ram,,",. SclIedula. if more spece is required) RE. Contract #11-5690, CRr and related. services for "SRB4 (Davis Blvd) Radio Road to Collier Blvd; SR84/SR951 Intersection Improvements; Collier Blvd (SR/CR951) North to Magnolia Pond Drive; and CR 951 (Collier Blvd) (SR/CR951) North to Magnolia Pond Drive; and CR 951 (Collier Blvd) See attached for additional wording. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POliCIES BE CANCELLED BEFORE Collier county. Florida. Board of County Commissioners THE EXPIRA TIOH DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. 3327 Tamiami Trail East AUTHORIZED REPRESENTAllVE Naples, FL 34112 ~?fie I USA ACORD 25 (2010/05) edornne 22516352 @1988-2010ACORDCORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 07/29/4011 NAME OF INSURED: Atkins North Ameri.ca, Inc. Bffective Apri.l 1, 2011, post, Buckley, Schuh & Jernigan, Inc., d/b/a/ PBS&J changed its name officially to Atkins North America, Inc. Travelers Property Casuality Co of America/#25674 - AN Best Rating = A+ XV supp (10/00) SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Atkins North America, 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 Consulting, Engineering and Inspection (CEI) and Related Services for "SR84 (Davis Blvd) Radio Road to Collier Blvd; SR84/SR951 Intersection Improvements; Collier Blvd (SRlCR 951) North to Magnolia Pond Drive; and CR 951 (Collier Blvd) North to the Main Golden Gate Canal" - Projects #60073 & 60092, are accurate, complete and current as of the time of contracting. Atkins North America, Inc. BY: ~krJ k{l/Zk TITLE: Vice President DATE: July 6, 2011 TPA#1953637.9 PSA E-l SCHEDULE F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS Michael Ryan, P.E., PMP Senior Project Engineer 20% Chris Libby Project Administration 100% Kelly Adams Contract Support Specialist 100% Rhonda Venuto Assistant CSS 100% Felipe Baez Sr. Inspector (roadway) 100% Tomasz Trebacz Sr. Inspector (roadway) 100% Tony Acuti Sr. Inspector (utilities) 33% Felix Baez Inspector 100% Artie Autry Sr. Inspector (asphalt plant) 33% TPA#1953637.9 PSA F-l